Terms of Service

1. About these terms

These Terms of Service ("Terms") govern your access to and use of Race Program Manager (the "Service"), at raceprogrammanager.com and app.raceprogrammanager.com. The Service is operated by Race Program Manager ("we", "us", "our"). By creating an account or using the Service, you agree to these Terms. If you don't agree, don't use the Service.

2. The service

Race Program Manager is a subscription web application for tracking race-car maintenance, components, service history, parts, setups, drivers and related program data. It is provided on an "as is" and "as available" basis, and we may add, change or remove features at any time.

3. Your account

• You must be at least 18 and able to enter a binding contract.
• You must give accurate information and keep it current.
• You are responsible for everything done under your login and for keeping your password secure. Tell us immediately if you suspect unauthorised use.
• Each login is for one person and may only be active on one device at a time.
• The team owner is responsible for the people they invite and for managing their access.

4. Subscriptions, trials and billing

• The Service is paid by subscription. Current plans and prices are at raceprogrammanager.com/pricing. All prices are in Australian dollars (AUD) and include GST.
• Free trial: paid plans start with a 14-day free trial. A valid payment method is required to begin. You won't be charged during the trial and can cancel any time before it ends. If you don't cancel, your plan begins automatically and your payment method is charged at the end of the trial.
• Recurring billing: subscriptions renew automatically each cycle (monthly or annual) until cancelled. You authorise us, through our payment processor, to charge your payment method on each renewal.
• Payments are final. Except where required by law, all payments are non-refundable. If you cancel, your subscription stays active until the end of the current billing cycle and simply does not renew after that. We do not give partial or pro-rata refunds for the remainder of a cycle.
• Plan changes: upgrades take effect immediately and may be charged pro-rata; any reduction takes effect at the next cycle.
• Price changes: we may change prices and will give reasonable notice; the new price applies from your next cycle.
• Failed payments: if a payment fails we may suspend or restrict access until it's resolved.
• Payments are handled by a third-party provider (Stripe); we don't store your full card details.

5. Availability and uptime

We aim to keep the Service running and available as much as possible, but we do not guarantee that it will be uninterrupted, error-free, or available 100% of the time. It may be unavailable due to maintenance, updates, technical issues, or factors outside our control (including failures of third-party providers such as hosting, database and payment services). We don't promise any particular uptime level and, to the maximum extent permitted by law, are not liable for any loss arising from downtime or unavailability.

6. Your data and backups

• Your data is yours. You keep ownership of the information you put into the Service (your "Content").
• Backups are your responsibility. The Service includes an export feature so you can download your own data at any time. You are responsible for taking and keeping your own backups, and we strongly recommend you export your data regularly.
• We will maintain our databases and stored uploads to the best of our ability and take reasonable steps to keep your data safe, but we do not guarantee against loss, corruption or deletion of data, and to the maximum extent permitted by law we are not responsible or liable for any loss of data or its consequences.
• We may permanently delete your data after your account is closed, cancelled, or left unpaid for a reasonable period. We keep encrypted backups of our database for a short period (currently up to 14 days) for reliability, but we do not offer data recovery as a feature, so export anything you want to keep before deleting.

7. Suspension, cancellation and deletion

• You can cancel your subscription or delete your account at any time in the app.
• We may suspend, restrict or terminate your access if you breach these Terms, don't pay, or misuse the Service. For serious breaches or abuse of the Service, suspension may be immediate and without prior notice.
• While an account is suspended you are locked out of the Service, but the team owner can still export the team's data for a limited period (normally until the end of the current billing period). After that period we may permanently delete the team's data.
• Suspension or termination for breach or abuse does not entitle you to a refund. When an account is deleted (by you or us), the team's data may be permanently removed. Export anything you want to keep first.
• Accounts that sign up but never start a paid subscription may be removed automatically after a short period.

8. Acceptable use

You agree not to: use the Service unlawfully or upload unlawful, infringing or harmful content; upload content you don't have the right to use; access, disrupt, reverse-engineer, copy or resell the Service or its systems; share your login or use it on multiple devices at once; or use the Service in a way that could damage, disable or overburden it. We may remove content or suspend accounts that breach this clause.

9. Your content and uploads

You are solely responsible for the Content (including photos) you upload. You grant us a non-exclusive licence to store, process and display your Content only to provide the Service to you and your team. We don't claim ownership of your Content.

10. Third-party services

The Service relies on third-party providers for hosting, data storage, image hosting and payment processing. We are not responsible for their acts, omissions, outages or failures, and their availability is outside our control.

11. Intellectual property

The Service, including its software, design, branding and content (other than your Content), is owned by us or our licensors. We grant you a limited, non-exclusive, non-transferable right to use it while your subscription is active. You may not copy, modify, distribute or create derivative works from it.

12. Disclaimers and professional advice

To the maximum extent permitted by law, the Service is provided "as is" and "as available" with no warranties of any kind, including fitness for a particular purpose, and we do not warrant it will meet your requirements or be error-free. The Service is a record-keeping tool, not engineering, safety, mechanical or professional advice. You are solely responsible for your own maintenance, safety, scrutineering and compliance decisions, and for verifying any information before relying on it.

13. Limitation of liability

To the maximum extent permitted by law: (a) we are not liable for any indirect, incidental, special or consequential loss, or any loss of data, profit, revenue or business, arising from your use of (or inability to use) the Service; and (b) our total liability for any claim is limited to the amount you paid us in the 3 months before the claim arose.

14. Australian Consumer Law

Nothing in these Terms excludes, restricts or modifies any consumer guarantee, right or remedy you have under the Australian Consumer Law or any other law that cannot be excluded. Where our liability for failing to comply with such a guarantee can be limited, it is limited (at our option) to re-supplying the Service or paying the cost of having it re-supplied.

15. Indemnity

You agree to indemnify us against any claims, losses or costs arising from your breach of these Terms, your Content, or your misuse of the Service.

16. Changes to these terms

We may update these Terms from time to time. If we make material changes we'll take reasonable steps to let you know (for example, by email or an in-app notice). Continuing to use the Service after changes take effect means you accept the updated Terms.

17. Privacy

We handle personal information in line with our Privacy Policy. By using the Service you consent to that handling.

18. General

If any part of these Terms is found invalid, the rest continues to apply. Our failure to enforce a right isn't a waiver of it. You may not transfer your account or these Terms without our consent; we may transfer them as part of a sale or restructure of the business. These Terms are the entire agreement between us about the Service.

19. Governing law

These Terms are governed by the laws of the Australian Capital Territory, Australia, and you submit to the non-exclusive jurisdiction of the courts of that territory.

20. Contact

Questions about these Terms? Email support@raceprogrammanager.com.