Terms of Service

Who these Terms are with

The Service is operated by kartclass.ai Pty Ltd (“kartclass.ai Pty Ltd”, “we”, “us” or “our”). These Terms are an agreement between you and us.

• ABN: 72 703 277 356
• Postal address: 5A Hartnett Close, Mulgrave VIC 3170, Australia
• Email: info@kartclass.ai

Accepting these Terms

By creating an account or otherwise using the Service, you confirm that you have read, understood and agree to be bound by these Terms and by our Privacy Policy. If you do not agree, you must not use the Service.

If you are agreeing on behalf of a team, a club or another organisation, you confirm that you are authorised to bind it, and “you” means that organisation.

The Service, and what it is not

Apex AI lets you upload telemetry from your data logger, analyse your performance, manage karts, events and setups, calculate tyre pressures, review video alongside your data, and receive AI-generated coaching and analysis.

Two things it is not, stated plainly because they matter:

• It is not an official timing system. Lap times, sector times and positions shown in the Service are derived from the data your own logger recorded. They will differ from a circuit’s official timing, sometimes materially. Never rely on them to establish, contest or settle a competition result.
• It is not a safety system and provides no real-time warning of any kind. Do not interact with the Service while driving.

Eligibility and guardian accounts

To hold an account you must be at least 18 years old (or the age of majority where you live) and legally able to enter into this agreement.

Karting starts young, and junior drivers are welcome on the platform — through an adult’s account rather than their own:

• A parent or guardian holds the account, accepts these Terms and is responsible for everything done on it, including by a junior driver in their care.
• The guardian decides what information about the junior driver is entered, and can view, change and delete all of it.
• A junior driver may use the Service under the guardian’s supervision, but the account, the subscription and the responsibility remain the guardian’s.

We do not knowingly permit anyone under 18 to create an account in their own name. If we learn that an account was created by a minor without a guardian, we may suspend or close it.

Your account

You are responsible for keeping your account credentials secure and for all activity that occurs under your account. You agree to provide accurate information and to tell us promptly at info@kartclass.ai if you believe your account has been used without your authorisation.

Authentication is provided through Clerk, and you may sign in using a supported method such as email, Google or Apple.

An account is for one person and their household. You may add the junior drivers in your care to your own account, but you may not share your credentials with other adults, operate one account on behalf of unrelated drivers, or run a commercial coaching practice from a single account. If you want to do that, contact us — we would rather find an arrangement that works than have you breach this clause.

Acceptable use

You agree not to:

• use the Service in breach of any applicable law or regulation;
• upload content you do not have the right to use, or that infringes the rights of others;
• upload telemetry, video or other data belonging to another driver without their permission;
• attempt to gain unauthorised access to the Service, to another account or to our systems, or to interfere with the Service’s operation or security;
• reverse engineer, scrape or misuse the Service or its data, except to the extent the law permits despite this restriction;
• circumvent, or attempt to circumvent, any usage limit, credit allowance, entitlement or rate limit;
• resell, sublicense or make the Service available to anyone else as a service of your own;
• upload anything unlawful, defamatory, harassing, or harmful to others.

In relation to the AI features, you also agree not to: attempt to extract, reconstruct or publish our prompts or system instructions; use the outputs to train, fine-tune or evaluate a competing model or service; submit content designed to make the model produce unlawful or harmful material; or present AI-generated output as professional engineering, medical or safety advice from us.

Your content, telemetry and video

You keep ownership of the telemetry files, setups, video and other content you upload or create (“Your Content”). Nothing here transfers it to us.

You grant kartclass.ai Pty Ltd a non-exclusive, worldwide, royalty-free licence to host, store, process, transmit, adapt and display Your Content for the sole purpose of operating the Service, providing it to you and keeping it working. That licence exists so we can run the platform; it ends when you delete the content or close your account, apart from copies retained in routine backups until they age out.

De-identified and aggregated information. We may create statistics and aggregate measures from Your Content — for example the distributions behind the benchmarking features — and use them to operate, analyse and improve the Service. We only do so in a form that does not identify you or any other driver and that we do not attempt to re-identify. Our Privacy Policy explains this in more detail.

Content featuring other people. You are responsible for having the rights necessary to upload Your Content, including any video in which other people are identifiable. Please read Session video and other people before uploading footage recorded in a paddock or on track.

We may remove content that breaches these Terms or the law. If you believe content on the Service infringes your rights, contact us at info@kartclass.ai with enough detail to identify it and we will investigate.

Feedback and suggestions

If you send us feedback, a bug report, a feature request or any other suggestion, we may use it without restriction and without owing you anything — including to build, change or promote the Service. You are not obliged to send us anything, and we will treat the personal information in your message as our Privacy Policy describes. This clause is about the idea, not about you: it exists so that a feature we ship after someone suggests it does not become a dispute.

AI features and the limits of relying on them

The coaching, analysis, tyre-pressure figures, setup suggestions and other recommendations the Service produces are generated automatically, in part by artificial intelligence, and are provided for general informational purposes only. They may be incomplete, inaccurate or unsuitable for your circumstances, and they are not professional, engineering, mechanical, medical or safety advice.

This applies to every automated recommendation in the Service, not only to the chat-style coach — a calculated tyre pressure and a suggested chassis change carry exactly the same caveat.

You are solely responsible for your own decisions and for the safe set-up, operation and maintenance of your kart and equipment. Always apply your own judgement, have work checked by a competent person where it matters, and comply with the rules and safety requirements of your circuit and your racing body.

Our Privacy Policy sets out what is sent to the AI model provider when you use these features.

Motorsport risk and your responsibility

Karting is a motorsport and carries an inherent risk of injury, death and property damage. That risk is yours, and it exists whether or not you use the Service.

The Service is an analysis tool. It does not inspect your kart, it cannot see a worn component or a loose fastener, and it has no knowledge of the conditions in front of you. Nothing it tells you replaces a physical check, your own judgement, the instructions of an official, or the rules of your circuit and racing body. If advice from the Service conflicts with any of those, follow them and not the Service.

Third-party equipment and software

The Service reads data files produced by third-party data loggers and cameras. AiM, MyChron, SmartyCam and RaceStudio are trade marks of AiM Tech S.r.l. or its affiliates, and other product names are the trade marks of their respective owners. They are used here only to describe compatibility.

kartclass.ai Pty Ltd is not affiliated with, endorsed by, sponsored by or in any way associated with AiM Tech S.r.l. or any other equipment manufacturer. We do not supply, warrant or support their hardware or software.

Your device, its firmware and its warranty are yours. You are responsible for operating it in accordance with its manufacturer’s instructions, and for making sure that reading data from it is permitted by the terms that came with it. Compatibility with any particular device, firmware version or file format may change without notice, and we do not promise that a device we support today will be supported tomorrow.

Plans, fees, currency and taxes

Some features require a paid subscription. Subscriptions are managed through Clerk Billing and processed by Stripe. By subscribing, you authorise us, through our payment processor, to charge the applicable fees to your payment method on a recurring basis until you cancel.

All fees are charged in United States dollars (USD). Where the Service shows a price in another currency, that figure is a conversion provided for information only — the amount charged is the USD amount, and the figure that appears on your statement will depend on your card issuer’s exchange rate. Your bank may also apply an international transaction fee, which we do not receive and cannot refund.

Prices are stated exclusive of taxes unless shown otherwise. Where GST, VAT or another tax applies to your purchase, it will be added or identified at checkout as the law requires, and you are responsible for any other tax arising from your use of the Service.

Free trials

We may offer a free trial of a paid plan. Where we do:

• the trial runs for the period stated when you start it, and unless you cancel before it ends, your subscription continues and your payment method is charged for the first paid period;
• a trial is limited to one per person or household, and we may withdraw or decline a trial where we reasonably believe it is being used to obtain repeated free access;
• any AI credit granted during a trial is subject to AI credits below;
• we may change or stop offering trials at any time, which does not affect a trial already running.

AI credits

AI features are metered. Your plan includes a monthly credit allowance, denominated in US dollars, which is added to your account balance. Each AI request consumes credit based on our estimate of what it cost to produce, and your balance and recent transactions are visible in the Service.

• Unused credit rolls over while your account remains open. We do not reset your balance to the allowance each month.
• We do not reclaim credit you have already been granted if you move to a cheaper plan.
• Credit has no cash value, is not money, is not a stored-value facility, and cannot be redeemed, exchanged, transferred or withdrawn. It can be used only for AI features within the Service.
• Any remaining credit is forfeited when your account is closed, by you or by us.
• We may change the allowance included with a plan, or the rate at which features consume credit, on the notice described in Changes to plans and pricing.

Nothing in this section limits your rights under the Australian Consumer Law, including where a paid feature is not supplied as promised.

Renewal, cancellation and refunds

Subscriptions renew automatically at the end of each billing period until you cancel. You may cancel at any time from your billing settings; cancellation takes effect at the end of the period you have already paid for, and you keep access until then. We do not pro-rate a partial period.

Outside the rights described below, fees already paid are non-refundable.

Your rights under the Australian Consumer Law are not excluded. Our services come with guarantees that cannot be excluded under Australian Consumer Law. For major failures with the service, you are entitled to cancel your service contract with us and to a refund for the unused portion, or to compensation for its reduced value. You are also entitled to be compensated for any other reasonably foreseeable loss or damage. If the failure does not amount to a major failure, you are entitled to have problems with the service rectified in a reasonable time and, if this is not done, to cancel your contract and obtain a refund for the unused portion of the contract.

If you are a consumer somewhere with its own non-excludable rights — such as a statutory right to withdraw within a cooling-off period — those rights apply to you as well. To make a claim, contact us at info@kartclass.ai.

Changes to plans and pricing

We may change our prices, the features included in a plan, or the credit allowance attached to it. If a change is to your disadvantage, we will give you at least 30 days’ notice by email or in the Service before it takes effect, and it will apply from your next billing period rather than the current one.

If you do not accept the change, you may cancel before it takes effect and you will not be charged the new amount. Continuing to use the Service after it takes effect means you accept it.

Availability, changes and pre-release features

We aim to keep the Service available, but we do not promise uninterrupted access. We may carry out maintenance, and we will try to schedule anything disruptive outside peak use and to give notice where we reasonably can.

We may add, change or remove features. If we discontinue a feature you rely on materially, we will give you reasonable notice and, where the feature holds your data, a way to export it.

Pre-release features. Some parts of the Service may be marked experimental, beta or preview. They are provided as-is, may be incomplete or inaccurate, may change or be withdrawn without notice, and are excluded from any service commitment. Please do not depend on them.

Intellectual property

The Service, including its software, design, documentation and content (but excluding Your Content), is owned by kartclass.ai Pty Ltd or its licensors and is protected by intellectual-property laws. We grant you a limited, non-exclusive, non-transferable, revocable licence to use the Service in accordance with these Terms. No other rights are granted, and all rights not expressly granted are reserved.

The output the Service generates for you from Your Content — your analyses, your coaching responses, your calculated figures — is yours to use for your own driving, coaching and team purposes.

Third-party services

The Service depends on third-party providers for hosting, authentication, payments, AI generation, mapping, storage, weather data and monitoring. Your use of the Service may also be subject to those providers’ terms. We are not responsible for third-party services we do not control, and their availability is outside our control. Our Privacy Policy describes what each category of provider does with your information.

Disclaimers

To the maximum extent permitted by law, the Service is provided “as is” and “as available”, without warranties of any kind, whether express or implied, including warranties of merchantability, fitness for a particular purpose and non-infringement. We do not warrant that the Service will be uninterrupted, error-free or secure, that any analysis, calculation or AI output will be accurate, or that your data will be free from loss — keep your own copies of anything you cannot afford to lose.

Nothing in these Terms excludes, restricts or modifies any consumer guarantee, right or remedy that cannot lawfully be excluded under the Australian Consumer Law or other applicable law. Where we may limit rather than exclude our liability under such a law, our liability is limited, at our option, to resupplying the service or paying the cost of having it resupplied.

Limitation of liability

To the maximum extent permitted by law, kartclass.ai Pty Ltd will not be liable for any indirect, incidental, special, consequential or punitive damages, or for any loss of profits, revenue, data, goodwill or anticipated savings, arising out of or relating to your use of, or inability to use, the Service — however caused, and whether or not we were advised of the possibility.

Where our liability cannot be excluded but can be limited, our total aggregate liability arising out of or relating to these Terms or the Service is limited to the greater of one hundred US dollars and the amount you paid us for the Service in the twelve months before the event giving rise to the liability.

These limits are subject to Disclaimers above and do not apply to liability that cannot lawfully be limited — including under the Australian Consumer Law, and for fraud or for death or personal injury caused by our negligence.

Indemnity

You agree to indemnify and hold harmless kartclass.ai Pty Ltd from any claims, liabilities, damages and expenses (including reasonable legal costs) arising from your use of the Service, Your Content, or your breach of these Terms, to the extent permitted by law and except to the extent the claim is caused by our own breach or negligence. We will tell you promptly about any claim we seek to be indemnified for, and will not settle it without your agreement.

Suspension, termination and your data

You may stop using the Service and close your account at any time.

We may suspend or terminate your access if you breach these Terms, if your payment fails and remains unpaid after we have notified you, if we are required to by law, or where it is necessary to protect the Service or other users. Except where the breach is serious or the law requires immediate action, we will give you notice and a reasonable chance to put it right first.

Getting your data out. Unless your account was closed for a serious breach, you will have at least 30 days from the date we notify you of termination to export Your Content. If you close your account yourself, export what you want first — deletion cannot be undone. After that period we delete or de-identify your information as our Privacy Policy describes.

On termination, your right to use the Service ends. Provisions that by their nature should survive — ownership, the feedback licence, disclaimers, limitation of liability, indemnity, dispute resolution and governing law — continue to apply.

Privacy

Our Privacy Policy explains what personal information we collect, why, who we share it with and how long we keep it. It forms part of your agreement with us and is worth reading alongside these Terms — particularly what is sent to the AI model provider.

Resolving a dispute

If something goes wrong, please tell us first at info@kartclass.ai, describing the problem and what you would like us to do. Most things are resolved this way, and quickly.

If we have not resolved it within 30 days, either of us may refer the dispute to mediation in Melbourne, Victoria, under the mediation rules of the Resolution Institute, with the parties sharing the mediator’s costs equally. Neither of us will start court proceedings until that process has been attempted — except that either of us may seek urgent interlocutory relief at any time, and nothing here prevents you from taking a complaint to a consumer regulator or ombudsman.

Governing law

These Terms are governed by the laws of Victoria, Australia, and you submit to the non-exclusive jurisdiction of the courts of that jurisdiction and of the Commonwealth of Australia.

If you are a consumer resident somewhere else, this does not deprive you of the protection of any mandatory consumer-protection law of the country where you live.

General

• Entire agreement. These Terms and the Privacy Policy are the whole agreement between you and us about the Service, and replace anything said or written before.
• Severability. If any provision is found unenforceable, it is read down to the minimum extent necessary, or severed, and the rest continues to apply.
• No waiver. If we do not enforce a right immediately, we have not given it up.
• Assignment. You may not transfer your rights under these Terms without our consent. We may assign or novate them to an affiliate, or in connection with a sale or reorganisation of our business, provided your rights are not adversely affected.
• Force majeure. Neither of us is liable for a failure to perform caused by something genuinely beyond our reasonable control, for as long as it lasts — though this does not excuse an obligation to pay.
• Notices. We will contact you at the email address on your account, or by a notice in the Service; keep that address current. You can reach us at the address in Contact us.
• No third-party beneficiaries. These Terms confer no rights on anyone other than you and us.
• Relationship. Nothing here creates a partnership, agency, joint venture or employment relationship between us.

Changes to these Terms

We may update these Terms as the Service changes. When we do we will revise the version and effective date at the top and record what changed in Version history.

If a change materially affects your rights or obligations — for example to fees, to the limitation of liability, or to how disputes are resolved — we will give you at least 30 days’ notice by email or in the Service before it takes effect. If you do not accept it, you may cancel and close your account before that date. Continuing to use the Service after an update takes effect means you accept the revised Terms.

Contact us

Questions about these Terms can be sent to info@kartclass.ai, or by post to kartclass.ai Pty Ltd, 5A Hartnett Close, Mulgrave VIC 3170, Australia.

Version history