# RaceControl Terms of Service

**Last Updated:** November 6, 2025

**Effective Date:** November 6, 2025

## 1. Agreement to Terms

Welcome to RaceControl ("Service", "Platform", "we", "us", or "our"). These Terms of Service ("Terms") govern your access to and use of the RaceControl platform, including our mobile applications (iOS and Android), web application, and related services.

**By creating an account, accessing, or using RaceControl, you agree to be bound by these Terms and our [Privacy Policy](https://www.racecontrol.ai/privacy). If you do not agree to these Terms, do not use the Service.**

These Terms constitute a legally binding agreement between you (individual or entity, "you", "your", or "User") and RaceControl, a software development firm based in Contra Costa County, California.

---

## 2. Description of Service

RaceControl is an enterprise-grade motorsport team management platform that provides:

- **Team Collaboration:** Real-time chat, event management, and team coordination

- **Video Processing:** Upload, optimization, watermarking, and slicing of motorsport videos

- **AI Assistant:** AI-powered assistance for team operations and content analysis

- **Offline-First Architecture:** Encrypted local storage with background synchronization

- **Role-Based Access Control (RBAC):** Tiered permissions system for team management

- **Cloud Storage:** Secure storage of team content, videos, and media

- **Sponsorship Management:** Tools to facilitate team sponsorship relationships

The Service is designed for motorsport teams, racing organizations, sponsors, and related stakeholders.

---

## 3. Account Registration and Security

### 3.1 Account Creation

To use the Service, you must:

- Create an account with accurate and complete information

- Be at least 13 years of age (or legal age in your jurisdiction)

- Provide a valid email address and password

- Agree to receive administrative communications from us

Users under 13 are prohibited from creating accounts. Users aged 13-17 require parental consent.

### 3.2 Account Security

You are responsible for:

- Maintaining the confidentiality of your account credentials

- All activities that occur under your account

- Notifying us immediately of any unauthorized access or security breach

- Using strong passwords and enabling available security features

**We are not liable for losses caused by unauthorized use of your account.**

### 3.3 Account Verification

We reserve the right to verify your identity, reject account applications, or suspend accounts that violate these Terms or applicable laws.

---

## 4. User Roles and Permissions

RaceControl uses a role-based access control system with four tiers:

### 4.1 Role Hierarchy

1. **Team Owner (Level 4):** Full team management rights, including team deletion, billing management, and owner transfer

2. **Team Admin (Level 3):** Member management, event creation/editing, team settings configuration

3. **Sponsor (Level 2):** Limited permissions for sponsor-specific features and content access

4. **Member (Level 1):** Event viewing, chat participation, profile management

### 4.2 Role Responsibilities

- **Team Owners** are responsible for all activities within their team, including member conduct and content posted

- **Team Admins** are responsible for enforcing team policies and managing access appropriately

- **All members** must comply with the Acceptable Use Policy (Section 7)

### 4.3 Role Changes and Removal

Team Owners and Admins may modify member roles or remove members at any time. Removed members lose access to team content immediately.

---

## 5. Subscriptions and Payments

### 5.1 Subscription Plans

RaceControl offers various subscription tiers with different features and usage limits. Current pricing and plan details are available at [https://www.racecontrol.ai/pricing](https://www.racecontrol.ai/pricing).

### 5.2 Billing Terms

- Subscriptions are billed in advance on a monthly or annual basis

- Payment is processed through third-party providers (Stripe, PayPal)

- Prices are subject to change with 30 days' notice

- Failed payments may result in service suspension or termination

### 5.3 Cancellations and Refunds

- You may cancel your subscription at any time through account settings

- Cancellations take effect at the end of the current billing period

- **No refunds are provided for partial billing periods**

- Enterprise contracts may have different cancellation terms

### 5.4 Free Trial and Promotional Offers

- Free trials are limited to one per user/organization

- Trials automatically convert to paid subscriptions unless canceled

- Promotional pricing is subject to specific terms disclosed at signup

- We reserve the right to modify or terminate promotional offers

---

## 6. User-Generated Content

### 6.1 Content Ownership

**You retain all ownership rights to content you create, upload, or post using the Service ("User Content")**, including:

- Videos, images, and media files

- Chat messages and communications

- Event descriptions and team information

- AI Assistant interactions and prompts

### 6.2 License Grant to RaceControl

By posting User Content, you grant RaceControl a **worldwide, non-exclusive, royalty-free, sublicensable, and transferable license** to:

- Store, process, and transmit your User Content as necessary to provide the Service

- Create derivative works (e.g., downsampled videos, watermarked content, video slices)

- Display your content to team members based on their permission level

- Use aggregated, anonymized content for service improvement and analytics

- Back up and replicate content for disaster recovery purposes

**This license terminates when you delete content, except for:**

- Content shared with other users (remains available to them)

- Backup copies retained for disaster recovery (deleted within 30 days)

- Aggregated/anonymized analytics (cannot be traced back to you)

### 6.3 Content Responsibilities

You represent and warrant that:

- You own or have the necessary rights to all User Content you post

- Your User Content does not violate third-party intellectual property, privacy, or other rights

- Your User Content complies with all applicable laws and these Terms

- You have obtained all necessary consents for identifiable individuals in videos/images

**You are solely responsible for your User Content and any consequences of posting it.**

### 6.4 Content Moderation

We reserve the right (but have no obligation) to:

- Monitor, review, or remove User Content that violates these Terms

- Disable accounts that repeatedly post prohibited content

- Cooperate with law enforcement regarding illegal content

**We do not pre-screen User Content and are not responsible for content posted by users.**

---

## 7. Acceptable Use Policy

### 7.1 Prohibited Activities

You agree NOT to use the Service to:

**Content-Related:**

- Upload illegal, harmful, threatening, abusive, harassing, defamatory, or hateful content

- Post content depicting violence, illegal activities, or harm to individuals or animals

- Share sexually explicit, obscene, or pornographic content

- Infringe copyright, trademark, patent, trade secret, or other intellectual property rights

- Post false, misleading, or fraudulent content

**Security and Technical:**

- Attempt to gain unauthorized access to the Service, other accounts, or systems

- Distribute malware, viruses, or malicious code

- Reverse engineer, decompile, or disassemble the Service

- Use automated tools (bots, scrapers) without written permission

- Interfere with or disrupt the Service's operation or servers

**Commercial and Legal:**

- Use the Service for illegal purposes or to violate laws

- Spam, phish, or send unsolicited commercial communications

- Impersonate others or misrepresent your affiliation

- Collect or harvest data about other users without consent

### 7.2 Video Content Guidelines

Given RaceControl's focus on motorsport videos:

- Videos must not depict illegal racing activities (street racing, unauthorized events)

- Videos must comply with track/event rules and intellectual property policies

- Videos containing third-party music require proper licensing

- Footage of minors requires parental consent

- Videos must not contain graphic depictions of accidents/injuries intended to shock or harm

### 7.3 Enforcement

Violations may result in:

- Content removal without notice

- Account suspension or termination

- Reporting to law enforcement for illegal activities

- Legal action for damages caused by violations

---

## 8. Video Processing Services

### 8.1 Video Upload and Processing

When you upload videos to RaceControl:

1. **Automatic Optimization:** Videos may be automatically downsampled to ≤1080p resolution for performance

2. **Processing Options:** You can apply watermarks, remove silence, or slice videos into segments

3. **Storage Locations:** Videos are stored in Firebase Cloud Storage with three tiers:

   - `/videos/` - Original uploads

   - `/downsampled/` - Optimized versions (≤1080p)

   - `/processed/` - Watermarked, sliced, or edited versions

### 8.2 Processing Limitations

- Maximum video size: 5GB per file

- Maximum video length: 4 hours

- Processing time varies based on video size and system load

- We do not guarantee specific processing times or availability

### 8.3 Watermarking

- Team logos are applied to video thumbnails and optionally to full videos

- Team logos must be 1:1 aspect ratio (square) and max 1024x1024px

- Watermarked videos remain your property; we do not claim ownership

- Watermarking cannot be removed from processed videos (by design)

### 8.4 Video Retention

- Videos are retained as long as your account is active

- Deleted videos are permanently removed within 30 days

- Videos shared with teams remain accessible to team members even after you leave

- We may delete videos to comply with legal requirements or storage limits

---

## 9. Team Management

### 9.1 Creating Teams

- Any user can create a team and become the Team Owner

- Team Owners are responsible for team billing, members, and content

- Teams must comply with these Terms and applicable laws

### 9.2 Team Content

- Content posted in teams is visible to all team members (based on role permissions)

- Team Owners and Admins can manage team content and settings

- Leaving a team does not delete content you posted (it remains with the team)

### 9.3 Sponsorship Agreements

RaceControl may facilitate sponsorship agreements between teams:

- **RaceControl is NOT a party to these agreements**

- Sponsorship terms are solely between the participating parties

- We provide tools but do not enforce, guarantee, or mediate sponsorship deals

- **We disclaim all liability related to sponsorship agreements**

### 9.4 Team Deletion

- Team Owners can delete teams at any time

- Team deletion permanently removes all team content within 30 days

- Members are notified before team deletion (where possible)

- Deleted teams cannot be recovered

---

## 10. AI Assistant

### 10.1 AI Services

RaceControl includes an AI Assistant powered by **Google Gemini API** and other third-party AI services.

### 10.2 AI Usage Terms

- **Do NOT share sensitive, confidential, or personal information** with the AI Assistant

- AI responses are for informational purposes only and may be inaccurate

- AI interactions may be processed by third parties (Google) subject to their privacy policies

- We are not liable for AI-generated content, errors, or actions taken based on AI advice

### 10.3 AI Content Usage

- You retain ownership of prompts and content you provide to the AI

- We may use AI interactions (anonymized) to improve the Service

- AI-generated content may not be unique; others may receive similar responses

---

## 11. Intellectual Property Rights

### 11.1 RaceControl's IP

The Service, including its software, design, features, functionality, text, graphics, logos, and trademarks, is owned by RaceControl and protected by copyright, trademark, and other intellectual property laws.

**These Terms do NOT grant you any ownership rights to RaceControl's intellectual property.**

### 11.2 Limited License to Use Service

Subject to these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to:

- Access and use the Service for its intended purposes

- Download the mobile applications on devices you own or control

You may NOT:

- License, sell, rent, lease, or transfer your access to the Service

- Copy, modify, reverse engineer, or create derivative works of the Service

- Remove or alter proprietary notices (copyright, trademark notices)

### 11.3 Trademarks

"RaceControl" and associated logos are trademarks of RaceControl. You may not use our trademarks without prior written permission.

### 11.4 DMCA and Copyright Infringement

If you believe content on RaceControl infringes your copyright:

**Contact our DMCA agent:**

Email: info@racecontrol.ai

Subject: "DMCA Takedown Request"

**Include:**

- Identification of the copyrighted work

- Location of infringing content (URL or description)

- Your contact information

- Statement of good faith belief

- Statement under penalty of perjury that information is accurate

- Physical or electronic signature

We will remove infringing content and may terminate repeat infringers' accounts.

---

## 12. Data Security and Encryption

### 12.1 Local Encryption

RaceControl uses a **cache-first, offline-first architecture** with **AES-256-GCM encryption** for locally stored data:

- Chat messages, media files, and user data are encrypted on your device

- Encryption keys are stored in hardware-backed keystores (iOS Keychain, Android Keystore)

- Local data enables offline functionality and improves performance

### 12.2 Your Responsibilities

- Maintain device security (strong passcode/biometrics, OS updates)

- Do not jailbreak (iOS) or root (Android) your device (weakens encryption)

- Report lost/stolen devices immediately so we can revoke access

**The security of locally encrypted data depends on your device security practices.**

### 12.3 Cloud Security

- Data transmitted to Firebase Cloud Storage is encrypted in transit (TLS 1.3)

- Cloud data is encrypted at rest by Firebase/Google Cloud

- We implement security best practices but cannot guarantee absolute security

### 12.4 Security Incidents

In the event of a data breach:

- We will notify affected users as required by law

- We will take reasonable steps to mitigate harm

- Notifications will be sent via email and in-app alerts

---

## 13. Third-Party Services

### 13.1 Integrated Services

RaceControl integrates with third-party services, including:

- **Firebase/Google Cloud:** Hosting, storage, authentication, analytics

- **Google Gemini API:** AI Assistant functionality

- **Stripe/PayPal:** Payment processing

- **OAuth Providers:** Google, Facebook, Instagram for authentication

### 13.2 Third-Party Terms

Your use of third-party services is subject to their own terms and privacy policies. **We are not responsible for third-party services, their content, or their practices.**

### 13.3 Third-Party Links

The Service may contain links to external websites or services. **We do not control or endorse third-party sites and are not liable for their content or practices.**

---

## 14. Service Availability and Modifications

### 14.1 Service Availability

- The Service is provided "as is" and "as available"

- **We do not guarantee uninterrupted or error-free service**

- Scheduled maintenance may cause temporary outages (we'll provide notice when possible)

- Unexpected outages may occur due to technical issues, security incidents, or third-party failures

### 14.2 Service Modifications

We reserve the right to:

- Modify, suspend, or discontinue any feature or the entire Service

- Change pricing, plans, or features with 30 days' notice (where required)

- Update software and require installation of updates to continue using the Service

**We are not liable for service modifications, suspensions, or discontinuations.**

### 14.3 Beta Features

Some features may be labeled as "beta", "experimental", or "preview":

- Beta features are provided without warranties

- Beta features may be unstable, incomplete, or subject to change

- We may discontinue beta features at any time without notice

---

## 15. Term and Termination

### 15.1 Term

These Terms remain in effect while you use the Service or have an active account.

### 15.2 Termination by You

You may terminate these Terms by:

- Canceling your subscription through account settings

- Deleting your account at [https://www.racecontrol.ai/account-deletion](https://www.racecontrol.ai/account-deletion)

- Uninstalling the mobile applications and ceasing all use

### 15.3 Termination by Us

We may suspend or terminate your access immediately, without notice, for:

- Violation of these Terms or Acceptable Use Policy

- Fraudulent, illegal, or harmful activity

- Non-payment of fees or chargebacks

- Risk to Service security or stability

- Legal or regulatory requirements

### 15.4 Effects of Termination

Upon termination:

- Your access to the Service ends immediately

- Your subscription is canceled (no refunds for partial periods)

- Your account data is deleted in accordance with our Privacy Policy (typically within 30 days)

- Content you posted in teams may remain accessible to team members

- Backup copies are retained for 30 days, then permanently deleted

### 15.5 Survival

Sections that should reasonably survive termination will remain in effect, including: User Content licenses, disclaimers, limitations of liability, indemnification, and governing law.

---

## 16. Disclaimers and Warranties

### 16.1 Service "As Is"

**THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITH ALL FAULTS AND DEFECTS WITHOUT WARRANTY OF ANY KIND.**

TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING:

- **Implied warranties of merchantability, fitness for a particular purpose, and non-infringement**

- **Warranties that the Service will be uninterrupted, error-free, secure, or virus-free**

- **Warranties regarding accuracy, reliability, or completeness of content or results**

### 16.2 No Professional Advice

**RaceControl does not provide legal, financial, medical, or professional advice.** AI Assistant responses and Service content are for informational purposes only. Consult qualified professionals for advice.

### 16.3 User Content Disclaimer

**We do not endorse, support, represent, or guarantee the accuracy, completeness, or reliability of User Content.** You rely on User Content at your own risk.

### 16.4 Video Processing Disclaimer

**We do not guarantee:**

- Specific processing times or quality

- That watermarks will prevent unauthorized use

- That processed videos will be error-free or meet your expectations

---

## 17. Limitation of Liability

### 17.1 Limitation of Damages

**TO THE FULLEST EXTENT PERMITTED BY LAW, RACECONTROL, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, AND LICENSORS SHALL NOT BE LIABLE FOR:**

**Indirect, Incidental, Special, Consequential, or Punitive Damages, including:**

- Loss of profits, revenue, data, or business opportunities

- Loss of goodwill or reputation

- Service interruptions or data loss

- Costs of substitute services

- Personal injury or property damage (except where prohibited by law)

**Arising from:**

- Your use or inability to use the Service

- Unauthorized access to your account or content

- Third-party conduct or content on the Service

- Any content obtained through the Service

- Service errors, bugs, or security vulnerabilities

**WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR ANY OTHER LEGAL THEORY, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.**

### 17.2 Maximum Liability Cap

**IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL CLAIMS EXCEED THE GREATER OF:**

- **$100 USD**, or

- **The amount you paid us in the 12 months before the claim arose**

### 17.3 Jurisdictional Limitations

Some jurisdictions do not allow exclusion of implied warranties or limitation of liability for incidental/consequential damages. In such jurisdictions, our liability is limited to the maximum extent permitted by law.

---

## 18. Indemnification

### 18.1 Your Indemnification Obligation

**You agree to indemnify, defend, and hold harmless RaceControl, its affiliates, officers, directors, employees, agents, licensors, and service providers from and against any claims, liabilities, damages, losses, costs, or expenses (including reasonable attorneys' fees) arising from or related to:**

- Your use or misuse of the Service

- Your violation of these Terms or applicable laws

- Your User Content, including infringement claims or privacy violations

- Your violation of third-party rights

- Actions of other users accessing the Service through your account (if caused by your failure to secure your account)

### 18.2 Defense and Settlement

We reserve the right to assume exclusive defense and control of any matter subject to indemnification by you, in which case you will cooperate with us in asserting any available defenses. **You may not settle any claim without our prior written consent.**

---

## 19. Dispute Resolution

### 19.1 Informal Resolution

Before filing a claim, **you agree to contact us at info@racecontrol.ai** to attempt informal resolution. We'll attempt to resolve disputes within 60 days.

### 19.2 Binding Arbitration (US Users)

**For users in the United States:**

**YOU AGREE THAT DISPUTES WILL BE RESOLVED BY BINDING ARBITRATION, NOT IN COURT, AND YOU WAIVE YOUR RIGHT TO A JURY TRIAL.**

**Arbitration Terms:**

- Governed by the Federal Arbitration Act (FAA)

- Administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules

- One arbitrator, location in Contra Costa County, California (or remote)

- Each party bears their own costs (unless law requires otherwise)

- Arbitrator's decision is final and binding

**Exceptions:** Small claims court (claims ≤$10,000) and injunctive relief for intellectual property infringement may be pursued in court.

### 19.3 Class Action Waiver

**YOU AGREE THAT DISPUTES WILL BE RESOLVED ON AN INDIVIDUAL BASIS. YOU WAIVE THE RIGHT TO PARTICIPATE IN CLASS ACTIONS, CLASS ARBITRATIONS, OR REPRESENTATIVE ACTIONS.**

### 19.4 International Users

For users outside the United States, disputes are subject to the governing law and jurisdiction specified in Section 20.

---

## 20. Governing Law and Jurisdiction

### 20.1 Governing Law

These Terms are governed by the laws of the **State of California, United States**, without regard to conflict of law principles.

### 20.2 Jurisdiction (Non-US Users)

For users outside the United States who are not subject to arbitration:

- Exclusive jurisdiction in state or federal courts located in **Contra Costa County, California**

- You consent to personal jurisdiction and waive objections to venue

### 20.3 International Compliance

By using the Service from outside the United States, you acknowledge that:

- Your data may be transferred to and processed in the United States

- You comply with all local laws regarding online conduct and data transmission

- You are responsible for compliance with export control laws

---

## 21. General Provisions

### 21.1 Entire Agreement

These Terms, together with our Privacy Policy and any additional terms presented at signup (e.g., subscription terms), constitute the entire agreement between you and RaceControl regarding the Service.

### 21.2 Severability

If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions will remain in full force and effect.

### 21.3 Waiver

Our failure to enforce any right or provision of these Terms does not constitute a waiver of that right or provision. Any waiver must be in writing and signed by us.

### 21.4 Assignment

You may not assign or transfer these Terms or your account without our written consent. We may assign these Terms without restriction (e.g., to an affiliate or acquirer).

### 21.5 Force Majeure

We are not liable for delays or failures in performance caused by events beyond our reasonable control, including natural disasters, war, terrorism, labor disputes, internet outages, or government actions.

### 21.6 Electronic Communications

By using the Service, you consent to receive electronic communications from us (email, in-app notifications, SMS). These communications may include notices, agreements, and disclosures. Electronic communications satisfy legal written communication requirements.

### 21.7 Export Control

The Service and underlying technology may be subject to U.S. export control laws. You agree not to export, re-export, or transfer the Service in violation of applicable laws.

### 21.8 No Third-Party Beneficiaries

These Terms are solely for your and our benefit and do not create any third-party beneficiary rights.

### 21.9 Language

These Terms are written in English. Translations are provided for convenience only. In case of conflict, the English version prevails.

---

## 22. Changes to These Terms

### 22.1 Modification Rights

We reserve the right to modify these Terms at any time at our sole discretion.

### 22.2 Notice of Changes

For material changes, we will provide notice by:

- Posting the updated Terms on our website and in the mobile apps

- Updating the "Last Updated" date at the top of this document

- Sending email notifications to registered users (for significant changes)

- Displaying in-app notifications

### 22.3 Acceptance of Changes

**Continued use of the Service after changes take effect constitutes acceptance of the updated Terms.** If you do not agree to changes, you must stop using the Service and terminate your account.

### 22.4 Material Changes

For material changes that reduce your rights or increase your obligations, we will provide **at least 30 days' notice** before the changes take effect.

---

## 23. Contact Information

**For questions, concerns, or notices regarding these Terms:**

**RaceControl**

Contra Costa County, California

Email: info@racecontrol.ai

Phone: 925-477-0497

Website: https://www.racecontrol.ai

**For legal notices:** Email info@racecontrol.ai with subject line "Legal Notice - Terms of Service"

**For DMCA takedown requests:** See Section 11.4

**For privacy-related inquiries:** See our [Privacy Policy](https://www.racecontrol.ai/privacy)

**For account deletion:** https://www.racecontrol.ai/account-deletion

---

## 24. Acknowledgment

**BY CREATING AN ACCOUNT OR USING RACECONTROL, YOU ACKNOWLEDGE THAT:**

1. You have read and understood these Terms of Service

2. You agree to be bound by these Terms and our Privacy Policy

3. You meet the eligibility requirements (age, legal capacity)

4. You will comply with all applicable laws and regulations

5. You understand the risks associated with using cloud-based services

6. You accept the limitations of liability and disclaimers outlined herein

**If you do not agree to these Terms, do not create an account or use the Service.**

---

**_DISCLAIMER: These Terms of Service do not constitute legal advice. RaceControl recommends consulting with a qualified legal professional to ensure compliance with all applicable laws and regulations in your jurisdiction._**

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**END OF TERMS OF SERVICE**