Terms and Conditions

Introduction

Welcome to https://racemake.com/, an online platform (the “website”, “application”, “platform”, “web app”) operated by RACEMAKE s.r.o. (the “Company”, “us”, “we”). By using or accessing the website, you agree to the terms and conditions hereafter, which govern the relationship between RACEMAKE and each Buyer or Customer. These terms and conditions may change from time to time, so please check and read them regularly.

The company provides a platform for the primary purpose of enabling Buyers to interact and transact with RACEMAKE through the website and its services for digital goods products.

1. Terms and Conditions for Using the Platform

1.1 Registration

By registering for an account, recording, sharing, or any kind of use on the online platform, you confirm that you have understood and accepted https://racemake.com/’s (and all related domains) terms and conditions.

You warrant that the information you have supplied as part of the registration process is accurate and that you will notify us of any changes. You are responsible for safeguarding the security of your account, including keeping your password confidential.

1.2 Our Role

Through RACEMAKE and its services, we provide an analytics and visualization platform for data uploaded via RACEMAKE data recorder.

When a Buyer purchases RACEMAKE service, a legally binding contract is formed between these parties.

1.3 Conduct and Behaviour

You may only use the website and web application and its services for its primary purpose.

In your interactions, you must at all times remain courteous and polite and not use any nicknames, comments, product descriptions, or messages that are obscene, discriminatory, offensive, or discourteous.

You are responsible for all data transferred from your systems to our website and services and shall bear all liabilities in any way connected to such data and content.

You must not use https://racemake.com/ or any of its services for any unlawful activity; do anything that causes damage or disruption to the website or its services; send malicious information to any party using our services (including viruses, Trojans, adwares, worms, spam); use the website or services for commercial solicitation, or use any data obtained from or via our website without our prior consent; transfer your account to another party without our prior consent; provide us with false, inaccurate or misleading information; or attempt to manipulate transactions or tamper with the website in any way.

1.4 Use of Data

In the course of our operation, we collect data from Buyers. You accept that your personal data may be shared for the sole purpose of facilitating the sale, purchase, and fulfilment of orders on the website as per our Privacy Policy.

Please review our Privacy Policy in full for details on how your personal data is used.

1.5 Disclaimer of Warranties

We clarify that while we strive to provide a seamless and error-free service, the RACEMAKE platform and its services are provided on an 'as is' and 'as available' basis. This means we cannot guarantee that the service will be uninterrupted, timely, secure, or free from errors, including but not limited to, third-party attacks.

THIS SERVICE IS PROVIDED ON AN “AS IS” BASIS. HTTPS://RACEMAKE.COM/ MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, WHETHER STATUTORY, EXPRESS OR IMPLIED, THAT THE INFORMATION, CONTENT, MATERIALS, PRODUCTS OR SERVICES MADE AVAILABLE TO YOU THROUGH THE WEBSITE WILL BE AS REPRESENTED, FIT FOR A PARTICULAR PURPOSE OR USE, AVAILABLE AT THE TIME OF LISTING, COMPLIANT WITH APPLICABLE REGULATIONS, FREE FROM INTELLECTUAL PROPERTY INFRINGEMENT.

1.6 Limitation of Liability

TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAWS, HTTPS://RACEMAKE.COM/ EXCLUDES LIABILITY FOR DAMAGES OF ANY KIND ARISING FROM THE USE OF THE WEBSITE INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT OR PUNITIVE DAMAGES, LOSS OF PROFITS, LOSS OF BUSINESS, LOSS OF DATA AND ANY CONSEQUENTIAL LOSS, CLAIMS OR REMEDIES IN TORT, WHETHER OR NOT ARISING FROM ITS NEGLIGENCE.

This Agreement shall not exclude liability for death or personal injury resulting from our negligence, or any liability that cannot be limited or excluded by law.

1.7 Force Majeure

Neither we nor will be obliged to fulfilthe responsibilities detailed in the terms and conditions in circumstances beyond reasonable control. These include but are not limited to earthquakes, floods, fire, plague, or other natural disasters, terrorism, riots, civil disturbances, war, strikes, nuclear or chemical contamination, failure of public infrastructure, national emergency, inclement weather, or acts of God. Duties and obligations will be postponed for the period of the Force Majeure.

1.8 Communication

Visiting the Site, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communication is in writing.

You hereby agree to the use of electronic signatures, contracts, orders, and other records and to electronic delivery of notices, policies, and records of transactions initiated or completed by us or via the Site. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by other than electronic means.

2. Buyer Terms and Conditions

2.1 Purchase

To make a purchase from the website, you must register for an account as a Buyer. Your use of the website implies your acceptance of our terms and conditions and Privacy Policy.

Purchases you make on the website must only be paid through the website’s payment facility. We accept payments using Visa, MasterCard, or American Express cards. We reserve the right to refuse to process any transaction for any reason at our sole discretion.

When you place an order, you authorise us to take payment for the purchase price. An order is deemed to be accepted when you receive an email confirmation that the order has been dispatched.

2.2 Limitation of Liability

HTTPS://RACEMAKE.COM/ SHALL NOT BEAR ANY DIRECT OR INDIRECT LIABILITY FOR ANY DAMAGE OR LOSS ARISING FROM OR RELATING TO ANY USE, CONTINUED USE OF ANY PRODUCTS OFFERED FOR SALE, OR RELIANCE ON ANY ADVERTISEMENT DISPLAYED ON THE WEBSITE.

In no event shall https://racemake.com/ be held liable for online advertisements, editorial features, or recommendations about particular products or services that may be suggested for particular purposes or expectations. No such representations or recommendations that may be displayed on https://racemake.com/ should serve as a substitute for professional advice.

You should not rely solely on the information presented on the website.

2.3 Refunds and Cancellations

Cancellation. You can cancel your paid subscription at any time. Payments are non-refundable, except where required by law. These Terms do not override any mandatory local laws regarding your cancellation rights.

2.4 Termination

We reserve the right to suspend or terminate your account if you are in breach of the terms and conditions without notice.

3. Data Recorder Usage and Data Handling

3.1 Introduction to the Data Recorder Tool

The Data Recorder tool is a voluntary installation software provided by RACEMAKE s.r.o. ("the Company") for users wishing to record and analyze their activity data through the RACEMAKE interface. This tool allows users to voluntarily capture, visualize, and contribute their data for development, scientific research, and improvement of user experience.

3.2 Data Collection and Usage

By installing and using the Data Recorder tool, you consent to the collection and use of your data as described herein. The data collected through this tool will be used strictly for the purposes of software development, scientific research, product improvement, and enhancing user experience. All data collected is anonymized to ensure privacy and confidentiality.

3.3 Anonymization of Data

The Company is committed to protecting your privacy. All user data collected through the Data Recorder tool is anonymized before being used for any analysis, development, or research purposes. Anonymization is performed to remove any personally identifiable information, ensuring that the data cannot be traced back to any individual user.

3.4 Data Storage and Security

Collected data is stored on secure servers with access limited to authorized personnel only. The Company employs industry-standard security measures to protect against unauthorized access, alteration, disclosure, or destruction of data. Data is stored for an unlimited duration as necessary for the purposes stated in this section, unless otherwise required by law.

3.5 User Rights and Data Control

Users have the right to opt-out of data collection by the Data Recorder

tool at any time. If you wish to discontinue the use of the Data Recorder and have your data removed from our servers, please contact support@racemake.com. Note that, due to the anonymization process, it may not be possible to individually identify or delete data once it has been submitted.

3.6 Changes to Data Usage Policy

The Company reserves the right to update or modify this Data Recorder Usage and Data Handling section at any time. Changes will be communicated to users through the website or via email, as appropriate. Continued use of the Data Recorder tool after such changes constitutes acceptance of the new terms.

3.7 Contact Information

For any questions or concerns regarding the Data Recorder tool, data handling practices, or your data privacy rights, please contact us at hello@racemake.com.

4. No Partnership or Agency

Nothing in this Agreement shall be construed to create a partnership, joint venture, or agency relationship between the parties.

5. Disputes

Where a Buyer and RACEMAKE are unable to resolve a dispute resulting from a transaction that occurred on the platform, they may resort to us by contacting hello@racemake.com or via the contact form on our website.

For the avoidance of doubt, we have no obligation to resolve disputes and will consider doing so at our sole discretion and based solely on our policies.

You release RACEMAKE (and RACEMAKE’s directors, officers, employees, and representatives) from any and all claims, demands, damages, including consequential loss of every kind and nature arising out of or in any way connected with disputes between Buyers and RACEMAKE or external parties.

6. Jurisdiction

This agreement shall be governed by and construed in accordance with the laws of the Czech Republic. Any matters arising in connection to this agreement shall be subject to the exclusive jurisdiction of the courts of the Czech Republic.

This document was last updated on March 01, 2024.