1. Acceptance of Terms

By creating an account, uploading content, purchasing photos or subscriptions, or otherwise using the Service, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy. If you are using the Service on behalf of an organization, you represent that you have authority to bind that organization to these Terms.

2. Eligibility

You must be at least 13 years old to use TrakPix. If you are under 18, you must have permission from a parent or legal guardian. By using the Service, you represent that you meet these requirements.

3. Account Registration

3.1 Account Creation

To access certain features, you must create an account. You agree to:

• Provide accurate and current information
• Maintain the security of your login credentials
• Notify us immediately of unauthorized access
• Accept responsibility for all activity under your account

3.2 Account Types

TrakPix offers multiple account types, including:

• User / Racing Team Accounts
• Photographer Accounts
• Free and Paid Subscription Tiers

3.3 Account Suspension or Termination

We may suspend or terminate accounts for violations of these Terms, fraud, abuse, or illegal activity. You may terminate your account at any time by contacting admin@racetrakr.com or using available account settings.

4. User Conduct

You agree not to:

• Upload unlawful, harmful, abusive, or infringing content
• Impersonate others or misrepresent affiliations
• Interfere with or disrupt the Service
• Attempt unauthorized access
• Use bots or automated scraping without permission
• Upload malware or malicious code
• Remove or alter watermarks or copyright notices
• Exploit TrakPix content without authorization

Violations may result in suspension or termination.

5. Photographer Terms

5.1 Eligibility

Photographers must:

• Be at least 18 years old
• Provide accurate business and tax information
• Connect a valid Stripe account
• Comply with applicable laws and venue policies

5.2 Ownership and Platform License

Photographers retain full ownership of their photographs. By uploading content, photographers grant TrakPix a non-exclusive, worldwide, royalty-free license to:

• Display and distribute photos through the Service
• Generate thumbnails, previews, and transformations
• Apply watermarks selected by the photographer
• Use photos for TrakPix marketing with credit

This license ends when content is deleted, except for content already purchased, shared, or licensed to users.

5.3 Content Requirements

Uploaded content must:

• Be original or properly licensed
• Not infringe third-party rights
• Comply with event and venue rules
• Accurately represent motorsports events

5.4 Pricing and Fees

Photographers may set their own prices and license terms.

• Platform Fee: TrakPix retains 10% of gross sales and subscription revenue (subject to change with notice)
• Payment Processing: Handled via Stripe
• Payouts: According to Stripe's payout schedule

5.5 AI Processing

Photographers consent to optional AI features including:

• Car number detection and tagging
• Photo enhancement
• Automated organization
• AI learning from anonymized, aggregated data

AI features may be enabled or disabled by photographers.

6. Purchases and Payments

6.1 Available Purchases

Users may purchase or access:

• Individual photos
• Event packages
• Season subscriptions
• Free photos (with or without watermarks)

6.2 License Variability

Usage rights depend on the license selected by the photographer at the time of download, which may include:

• Free distribution (with or without watermark)
• Personal-use licenses
• Expanded or commercial-use licenses

Unless explicitly stated otherwise, purchased photos are licensed for personal, non-commercial use only.

6.3 Payment Terms

• Prices are displayed in USD
• Payment is due at checkout
• Stripe processes all payments

7. Refund Policy

7.1 Digital Photos

• Non-refundable once downloaded or accessed
• Exceptions may be made for technical or delivery issues
• Requests must be submitted within 7 days

7.2 Season Subscriptions

• Within 7 days: Full refund
• 8–30 days: At photographer's discretion
• After 30 days: No refunds

Refunded subscriptions revoke watermark-free access.

8. Intellectual Property Rights

8.1 TrakPix IP

All TrakPix software, branding, design, and AI systems are owned by TrakPix or its licensors.

8.2 User Content

Users retain ownership of uploaded content but grant TrakPix a license to use it in connection with the Service.

8.3 Photographer Content

Photographers retain full copyright ownership. Users may not:

• Resell or sublicense photos
• Remove watermarks without authorization
• Use photos commercially without permission

9. AI Technology

TrakPix uses AI to organize, enhance, and deliver photos. AI results may contain errors. TrakPix does not guarantee accuracy and is not responsible for mis-tagging or missed deliveries.

10. Watermarks and Photo Protection

Photographers control watermark usage. Users agree not to remove or alter watermarks without authorization. Unauthorized removal may result in termination and legal action.

11. Privacy

Your use of TrakPix is governed by our Privacy Policy, which explains how we collect, use, and protect personal data.

12. Third-Party Services

TrakPix uses third-party providers including:

• Stripe for payments
• Cloud-based storage providers for image hosting

We are not responsible for third-party services.

13. Disclaimers and Limitation of Liability

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE."

To the maximum extent permitted by law, TrakPix shall not be liable for indirect, incidental, or consequential damages. Total liability shall not exceed the greater of $100 or the amount paid in the prior 12 months.

TrakPix is not responsible for photographer content, compliance, or disputes.

14. Indemnification

You agree to indemnify and hold harmless TrakPix from claims arising from:

• Your use of the Service
• Your content
• Your violation of these Terms

15. Copyright and DMCA

TrakPix complies with the DMCA and will remove infringing content upon notice.

Repeat infringers may have accounts terminated.

16. Dispute Resolution and Arbitration

16.1 Informal Resolution

Contact admin@racetrakr.com before filing a claim.

16.2 Arbitration

Disputes will be resolved by binding arbitration through the American Arbitration Association (AAA), except for small claims or IP disputes.

16.3 Class Action Waiver

Claims must be brought individually.

16.4 Governing Law

Governed by the laws of [Your State], with venue in [Your City/County, State].

17. Changes to Terms

We may update these Terms with notice. Continued use constitutes acceptance.

18. Termination

18.1 By You

You may terminate your account at any time.

18.2 By TrakPix

We may suspend or terminate accounts for violations, fraud, or abuse.

18.3 Effect of Termination

• Access to the Service ends
• Download access to purchased content may be limited or revoked in cases of fraud or abuse
• Certain provisions survive termination

19. Miscellaneous

These Terms constitute the entire agreement. If any provision is unenforceable, the remainder remains in effect.

20. Contact Information

21. Season Subscription Terms

Season subscriptions:

• Apply per car number
• Cover a calendar year
• Do not guarantee photo quantity or event coverage
• Are subject to weather, scheduling, and operational limitations

No refunds are issued for missed events beyond photographer control.