Terms of Service

1. Acceptance of Terms

By accessing or using RaceWiser ("the Service"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, please do not use the Service.

These Terms constitute a legally binding agreement between you and the Service Operator identified above. If you are entering into these Terms on behalf of an organization, you represent that you have authority to bind that organization.

2. Description of Service

RaceWiser is a triathlon race analysis platform that allows users to:

• Import and track triathlon race results
• Analyze split times and performance metrics
• Compare results against age group and elite benchmarks
• Track progress over time
• Share race analyses with others

3. User Accounts

To use certain features of the Service, you must create an account. You agree to:

• Provide accurate and complete registration information
• Maintain the security of your account credentials
• Accept responsibility for all activities under your account
• Notify us immediately of any unauthorized use

You must be at least 16 years old to create an account. If you are under 18, you represent that you have parental or guardian consent to use the Service.

4. Acceptable Use

You agree not to:

• Use the Service for any unlawful purpose
• Upload false or misleading race data
• Impersonate any person or entity
• Attempt to gain unauthorized access to the Service
• Interfere with or disrupt the Service
• Use automated systems to access the Service without permission (see Section 15)
• Collect user information without consent

5. User Content

Ownership: You retain full ownership of any content you submit to the Service, including race data, notes, and uploaded files (collectively, "User Content").

License Grant: By submitting User Content, you grant us a non-exclusive, royalty-free, worldwide license to use, store, process, and display that content solely for the following purposes:

• Providing and improving the Service to you
• Displaying your content to users you have chosen to share it with
• Creating aggregated, anonymized statistics (which cannot identify you)
• Backing up and restoring your data

This license terminates when you delete your User Content or your account, except for content that has been shared with others or included in anonymized aggregations.

Responsibility: You are solely responsible for the accuracy and legality of any User Content you submit.

6. Subscription Plans and Pricing

RaceWiser offers the following subscription tiers:

• Core Athlete (Free): Basic features available at no cost, subject to fair usage limits
• Pro Athlete: Premium features for a recurring annual fee
• Founding Athlete: Lifetime access for a one-time payment (see Section 7 for definition of "Lifetime")

6.1 Pricing and Currency

All prices displayed on RaceWiser are in Euros (€) and include applicable VAT for EU customers. The VAT rate applied depends on your country of residence. For customers outside the EU, prices are exclusive of any local taxes that may apply.

Current pricing is displayed on our pricing page. We reserve the right to change prices with 30 days' notice; any price change will not affect your current subscription period.

6.2 Auto-Renewal and Cancellation

Pro Athlete subscriptions automatically renew annually. You will be charged the then-current subscription price on each renewal date unless you cancel before the renewal date.

How to cancel: You can cancel your subscription at any time from your Account Settings → Subscription. Cancellation takes effect at the end of your current billing period—you will retain access to Pro features until then.

We will send you a reminder email at least 14 days before each renewal date.

6.3 Payment Processing

Payments are processed securely through Stripe. By subscribing, you agree to Stripe's terms of service. We do not store your full payment card details on our servers.

7. Founding Athlete – Lifetime Access

Definition of "Lifetime": "Lifetime" access means access to Pro-level features for as long as the RaceWiser service continues to operate, with no additional subscription fees. This does not guarantee perpetual operation of the Service.

In the event that RaceWiser discontinues operations permanently, Founding Athletes will receive at least 90 days' notice and the ability to export all their data.

Founding Athlete benefits are personal and non-transferable. They apply to your account only and cannot be shared, sold, or transferred to another person.

8. Right of Withdrawal (EU Consumers)

9. Third-Party Services

The Service may integrate with third-party services (e.g., Strava, Google authentication, Stripe). Your use of these services is subject to their respective terms and privacy policies. We are not responsible for the practices of third-party services.

10. Race Data and Benchmarks

Data Sources: Race results are imported from official timing providers and public race result websites. Benchmarks and comparisons are derived from publicly available World Triathlon data and our own aggregated datasets.

Accuracy: While we strive for accuracy, we cannot guarantee that race data is complete, current, or error-free. Results may differ from official timing due to data processing, timing discrepancies, or transcription errors at the source.

Not Official Results: RaceWiser is an independent analysis tool. Data displayed on RaceWiser should not be considered official race results. For official results, please refer to the race organizer or official timing provider.

No Training Advice: Benchmarks and analytics are provided for informational purposes only. They should not be used as the sole basis for training decisions, race selection, or medical decisions. Always consult qualified professionals for training and health advice.

11. Intellectual Property

The Service, including its design, features, software, and content created by us (excluding User Content), is protected by copyright, trademark, and other intellectual property laws. The RaceWiser name, logo, and branding are trademarks of the Service Operator.

You may not copy, modify, distribute, sell, or lease any part of the Service, or reverse-engineer or attempt to extract the source code, except as permitted by law or with our written permission.

12. Disclaimer of Warranties

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE." TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

We do not warrant that the Service will be uninterrupted, error-free, secure, or free of viruses or other harmful components.

This disclaimer does not affect your statutory rights as a consumer under applicable EU law, which cannot be waived or limited by contract.

13. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW:

• We shall not be liable for any indirect, incidental, special, consequential, or punitive damages arising from your use of the Service
• Our total aggregate liability for any claims arising from or related to these Terms or the Service shall not exceed the greater of: (a) the total amount you paid us in the 12 months preceding the claim, or (b) €100

Nothing in these Terms excludes or limits our liability for:

• Death or personal injury caused by our negligence
• Fraud or fraudulent misrepresentation
• Any other liability that cannot be excluded or limited under applicable law

These limitations do not affect your statutory rights as a consumer under applicable EU law.

14. Termination

14.1 Termination by You

You may delete your account at any time from your Account Settings. Upon deletion:

• Your access to the Service will end immediately
• We will delete your personal data in accordance with our Privacy Policy
• Any remaining subscription period is forfeited unless you are exercising your EU withdrawal right (Section 8)

14.2 Termination by Us

We may suspend or terminate your access to the Service:

• Immediately if you materially breach these Terms (including the Acceptable Use policy), engage in fraudulent activity, or violate applicable law
• With 30 days' notice for any other reason, in which case we will provide a pro-rata refund for any unused portion of a pre-paid subscription

Before terminating your account for breach, we will generally provide notice and an opportunity to cure, unless the breach is severe or continued use poses a risk to the Service or other users.

14.3 Effect of Termination

Upon termination, Sections 5 (User Content – regarding existing shares), 11 (Intellectual Property), 12 (Disclaimer), 13 (Limitation of Liability), 16 (Governing Law), and 17 (Dispute Resolution) shall survive.

15. API Access and Automated Use

No Unauthorized Automation: You may not access the Service through automated means (including bots, scrapers, or scripts) without our prior written consent.

API Access: If we provide an official API in the future, its use will be subject to separate API terms. Unauthorized API access or exceeding rate limits may result in immediate suspension.

Data Export: You may export your own User Content through features we provide in the Service. Bulk extraction of data beyond your own content is prohibited.

16. Governing Law

These Terms are governed by and construed in accordance with the laws of France, without regard to its conflict of law provisions.

Consumer Protection: If you are a consumer residing in the European Union, you also benefit from the mandatory provisions of the consumer protection laws of your country of residence. Nothing in these Terms affects your statutory rights as a consumer that cannot be waived or limited by contract.

17. Dispute Resolution

17.1 Contact Us First

If you have a complaint or dispute, please contact us first at legal@racewiser.com. We will try to resolve the matter informally within 30 days.

17.2 Online Dispute Resolution

If we cannot resolve your complaint informally, you may use the European Commission's Online Dispute Resolution (ODR) platform: https://ec.europa.eu/consumers/odr

17.3 Jurisdiction

Subject to mandatory consumer protection laws that may grant you the right to bring proceedings in your country of residence, the courts of Paris, France shall have exclusive jurisdiction over any disputes arising from these Terms.

18. Changes to the Service

We may modify, update, or discontinue features of the Service at any time. For material changes that significantly reduce core functionality:

• We will provide at least 30 days' notice via email or in-app notification
• If you are a paying subscriber and disagree with the changes, you may cancel your subscription for a pro-rata refund of your remaining subscription period

Minor updates, bug fixes, and improvements may be made without notice.

19. Changes to Terms

We may update these Terms from time to time. We will notify you of material changes by:

• Posting the new Terms on this page with an updated "Last updated" date
• Sending an email notification to registered users
• Displaying a notice in the Service

Material changes will take effect 30 days after notice. Continued use of the Service after changes take effect constitutes acceptance of the revised Terms. If you do not agree to the new Terms, you must stop using the Service.

20. General Provisions

20.1 Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and us regarding the Service and supersede any prior agreements or communications.

20.2 Severability

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

20.3 No Waiver

Our failure to enforce any right or provision of these Terms will not be considered a waiver of that right or provision.

20.4 Assignment

You may not assign or transfer your rights under these Terms without our prior written consent. We may assign our rights to a successor in interest (e.g., in the event of a merger or acquisition) upon notice to you.

21. Contact Us

If you have any questions about these Terms, please contact us at:

Email: legal@racewiser.com