Terms of Service

1. Acceptance of Terms

By accessing or using the KartDesk platform, you agree to these Terms, our Privacy Policy, and all applicable laws and regulations. If you do not agree with any of these terms, you are prohibited from using or accessing this platform.

These Terms constitute a legally binding agreement between you (either as an individual or on behalf of an entity) and KartDesk.

2. Description of Service

KartDesk provides a cloud-based software platform for kart track management, including:

• Customer registration and pass sales
• Payment processing
• Digital waiver management
• Track operations management
• CRM and marketing tools
• League and event management
• Analytics and reporting
• Optional add-on modules

The specific features available to you depend on your subscription plan and activated modules.

3. Account Registration

3.1 Eligibility

You must be at least 18 years old and have the legal capacity to enter into contracts to use KartDesk. By creating an account, you represent that you meet these requirements.

3.2 Account Information

You agree to:

• Provide accurate, current, and complete information during registration
• Maintain and promptly update your account information
• Keep your password secure and confidential
• Immediately notify us of any unauthorized access or security breach
• Accept responsibility for all activities under your account

3.3 Account Security

You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. KartDesk is not liable for any loss or damage arising from your failure to protect your account information.

4. Subscription and Fees

4.1 Free Core Platform

The core KartDesk platform is provided free of monthly charges. You will only be charged a transaction fee of 2.9% + $0.30 on successful payment transactions processed through the platform.

4.2 Premium Modules

Optional premium modules are available for monthly subscription fees as displayed on our pricing page. Module fees are billed monthly in advance.

4.3 Payment Terms

• Transaction fees are deducted automatically from each payment transaction
• Module subscriptions are billed to your payment method on file
• All fees are non-refundable except as required by law or stated in our refund policy
• We reserve the right to change fees with 30 days' notice
• Failure to pay may result in suspension or termination of services

4.4 Taxes

All fees are exclusive of applicable taxes, duties, or similar governmental assessments. You are responsible for all applicable taxes.

5. Acceptable Use Policy

You agree not to:

• Use the platform for any illegal purpose or in violation of any laws
• Violate the rights of others, including intellectual property rights
• Upload or transmit viruses, malware, or harmful code
• Attempt to gain unauthorized access to the platform or related systems
• Interfere with or disrupt the platform's operation
• Use automated systems to access the platform without permission
• Reverse engineer, decompile, or disassemble the platform
• Resell or redistribute the services without authorization
• Collect user information without consent
• Impersonate any person or entity

6. Intellectual Property

6.1 KartDesk Property

The KartDesk platform, including all software, designs, text, graphics, logos, and other content, is owned by KartDesk and protected by copyright, trademark, and other intellectual property laws. You may not copy, modify, distribute, or create derivative works without our express written permission.

6.2 Your Content

You retain all rights to the data and content you upload to KartDesk ("Your Content"). By using the platform, you grant us a limited license to store, process, and display Your Content solely to provide our services.

6.3 Feedback

Any feedback, suggestions, or ideas you provide about KartDesk may be used by us without obligation or compensation to you.

7. Data and Privacy

Your use of KartDesk is also governed by our Privacy Policy. You are responsible for:

• Obtaining necessary consent from your customers for data collection
• Complying with applicable data protection laws (GDPR, CCPA, etc.)
• Ensuring waivers and consent forms meet legal requirements
• Maintaining appropriate security for customer data
• Notifying customers of data collection practices

KartDesk provides tools to help you comply with regulations, but you are ultimately responsible for your compliance with applicable laws.

8. Third-Party Services

KartDesk integrates with third-party services (payment processors, email providers, etc.). Your use of these services is subject to their respective terms and conditions. We are not responsible for third-party services or any issues arising from their use.

9. Warranties and Disclaimers

9.1 Service Availability

We strive to maintain 99.9% uptime but cannot guarantee uninterrupted service. The platform is provided "as is" and "as available" without warranties of any kind.

9.2 Disclaimer

TO THE FULLEST EXTENT PERMITTED BY LAW, KARTDESK DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE WILL BE ERROR-FREE, SECURE, OR MEET YOUR REQUIREMENTS.

10. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, KARTDESK SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, REVENUE, DATA, OR USE, ARISING OUT OF OR RELATED TO YOUR USE OF THE PLATFORM.

IN NO EVENT SHALL KARTDESK'S TOTAL LIABILITY EXCEED THE AMOUNT YOU PAID TO US IN THE 12 MONTHS PRECEDING THE CLAIM, OR $100, WHICHEVER IS GREATER.

11. Indemnification

You agree to indemnify, defend, and hold harmless KartDesk and its officers, directors, employees, and agents from any claims, damages, losses, liabilities, and expenses (including legal fees) arising from:

• Your use of the platform
• Your violation of these Terms
• Your violation of any laws or regulations
• Your violation of third-party rights
• Your Content or data

12. Termination

12.1 Termination by You

You may terminate your account at any time by canceling through your account settings or contacting support. Module subscriptions can be canceled anytime and will remain active until the end of the current billing period.

12.2 Termination by Us

We may suspend or terminate your access immediately if you:

• Violate these Terms
• Fail to pay fees when due
• Engage in fraudulent activity
• Pose a security or legal risk
• Cease business operations

12.3 Effect of Termination

Upon termination:

• Your access to the platform will cease
• You may export your data within 30 days
• We may delete your data after 30 days
• Fees accrued before termination remain due
• Provisions that should survive termination will continue to apply

13. Modifications to Terms

We reserve the right to modify these Terms at any time. We will notify you of material changes by:

• Posting the updated Terms on this page
• Updating the "Last Updated" date
• Sending email notification for significant changes
• Displaying a notice in the platform

Your continued use after changes become effective constitutes acceptance. If you do not agree to changes, you must stop using the platform.

14. Dispute Resolution

14.1 Informal Resolution

Before filing a claim, you agree to contact us at legal@kartdesk.com to attempt to resolve the dispute informally for at least 30 days.

14.2 Arbitration

Any dispute not resolved informally shall be resolved through binding arbitration in accordance with the rules of the American Arbitration Association. The arbitration will be conducted in [Location to be added].

14.3 Class Action Waiver

You agree that disputes will be resolved individually and not as part of a class action or consolidated proceeding.

15. General Provisions

15.1 Governing Law

These Terms are governed by the laws of [State to be added], without regard to conflict of law principles.

15.2 Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and KartDesk regarding the platform.

15.3 Severability

If any provision is found to be unenforceable, the remaining provisions will continue in full force and effect.

15.4 Waiver

Our failure to enforce any right or provision does not constitute a waiver of that right.

15.5 Assignment

You may not assign or transfer these Terms without our prior written consent. We may assign these Terms without restriction.

15.6 Force Majeure

We are not liable for any failure or delay in performance due to circumstances beyond our reasonable control.

16. Contact Information

For questions about these Terms, please contact us: