Effective: 12 June 2026

1. Introduction

Welcome to TrackSpot.

These Terms of Service ("Terms") govern your access to and use of the TrackSpot website, applications, software platform, APIs, media delivery systems, production tools, and related services (collectively, the "Platform").

The Platform is owned and operated by:

TrackSpot Software Ltd New Zealand

("TrackSpot Software", "TrackSpot", "we", "our", or "us")

TrackSpot is a trading and operating brand used across affiliated entities, including:

  • TrackSpot Software Ltd — software, platform, SaaS, infrastructure, data systems, and website operations
  • TrackSpot Productions Ltd — media production, filming, streaming, editing, and creative production services
  • Any parent, holding, subsidiary, or affiliated entities operating under the TrackSpot group from time to time

These Terms apply specifically to the software and digital platform services provided by TrackSpot Software Ltd.

Where you engage TrackSpot Productions Ltd or another affiliated entity for production or professional services, separate commercial agreements or service terms may also apply.

By accessing or using the Platform, you agree to be bound by these Terms.

If you do not agree, you must not use the Platform.

2. Eligibility

If you use the Platform on behalf of a company or organisation, you warrant that you have authority to accept these Terms on that entity's behalf.

3. Platform Services

TrackSpot provides software and digital services including, but not limited to:

  • sim racing broadcasting and live streaming (including multistreaming to Twitch, YouTube, and other platforms)
  • commentary and production coordination tools
  • real-time racing telemetry visualisation and data services
  • OBS integration and streaming workflow tools
  • league management and event coordination
  • team and driver portals
  • media asset management and content delivery
  • custom graphics, overlays, and scene transitions
  • APIs and integrations (including Discord bot services)
  • analytics and reporting
  • user account and authentication systems

We may modify, improve, suspend, or discontinue any part of the Platform at any time.

We do not guarantee uninterrupted availability.

4. Accounts

You are responsible for:

  • maintaining account confidentiality
  • all activities under your account
  • ensuring your credentials are secure
  • ensuring users authorised by you comply with these Terms

You must notify us immediately of unauthorised use or security breaches.

We may suspend or terminate accounts where we reasonably believe:

  • misuse has occurred
  • security is compromised
  • unlawful activity is occurring
  • these Terms have been breached

5. Acceptable Use

You must not:

  • use the Platform unlawfully
  • infringe intellectual property rights
  • upload malicious code or malware
  • interfere with system security
  • reverse engineer the Platform except where prohibited by law
  • scrape or harvest data without permission
  • attempt unauthorised access
  • upload unlawful, defamatory, harmful, or offensive content
  • use the Platform to distribute spam or illegal material
  • overload or disrupt services

You remain solely responsible for all content uploaded or transmitted through the Platform.

6. User Content

You retain ownership of content you upload ("User Content").

By uploading User Content, you grant TrackSpot Software Ltd a worldwide, non-exclusive, royalty-free licence to:

  • host
  • store
  • process
  • reproduce
  • transmit
  • display
  • backup
  • distribute

such content solely for:

  • operating the Platform
  • providing services
  • improving functionality
  • complying with legal obligations

You warrant that:

  • you own or control the rights necessary to upload the content
  • the content does not infringe third-party rights
  • the content complies with applicable laws

We may remove content that violates these Terms or applicable law.

7. Broadcast Content

Broadcast content produced by TrackSpot (including live streams, recorded broadcasts, overlays, and graphics) remains the property of TrackSpot Productions Limited unless otherwise agreed in a written contract.

Clients receive a licence to use broadcast content as specified in their service agreement.

Re-broadcasting or redistribution of broadcast content without permission is prohibited.

8. Production Services

TrackSpot Productions Ltd may separately provide:

  • filming
  • live streaming
  • editing
  • production staffing
  • event coverage
  • creative services
  • media operations

Those services may be governed by:

  • separate contracts
  • statements of work
  • production agreements

9. Intellectual Property

All rights, title, and interest in the Platform remain the exclusive property of TrackSpot Software Ltd and its licensors.

This includes:

  • software
  • source code
  • UI/UX
  • branding
  • trademarks
  • APIs
  • databases
  • workflows
  • AI systems
  • documentation

No rights are transferred except as expressly stated.

You must not:

  • copy
  • modify
  • resell
  • sublicense
  • distribute
  • exploit

the Platform except as permitted under these Terms.

10. AI and Automated Features

The Platform may include AI-assisted functionality.

You acknowledge:

  • AI outputs may be inaccurate or incomplete
  • outputs require human review
  • TrackSpot does not guarantee accuracy of AI-generated results

You remain responsible for decisions made using AI-generated outputs.

We may use anonymised and aggregated platform usage data to improve automated systems unless prohibited by law or separate agreement.

11. Availability and Support

We aim to maintain reliable service availability but do not guarantee:

  • uninterrupted access
  • error-free operation
  • compatibility with all devices or systems

Maintenance, outages, third-party failures, and force majeure events may affect availability.

Support levels may depend on:

  • subscription tier
  • commercial agreements
  • enterprise arrangements

12. Fees and Billing

Where paid services apply:

  • fees are payable in advance unless agreed otherwise
  • invoices must be paid by the stated due date
  • taxes (including GST at the applicable rate) may apply
  • unpaid accounts may be suspended

We may change pricing with reasonable notice.

13. Third-Party Services

The Platform may integrate with third-party providers including:

  • cloud hosting (e.g. Vercel, AWS)
  • payment providers (e.g. Wise, Stripe)
  • streaming platforms (e.g. Twitch, YouTube)
  • analytics providers
  • communication platforms (e.g. Discord)
  • racing simulation platforms (e.g. Assetto Corsa Competizione, iRacing)

We are not responsible for:

  • third-party outages
  • third-party policies
  • external systems
  • data handling outside our control

Your use of third-party services may be governed by separate terms.

14. Privacy

Your use of the Platform is also governed by our Privacy Policy.

By using the Platform, you consent to the collection and use of information as described in that policy.

15. Confidentiality

You must keep confidential all non-public information obtained through the Platform relating to:

  • TrackSpot
  • clients
  • productions
  • partners
  • users

This obligation survives termination.

16. Limitation of Liability

To the maximum extent permitted by New Zealand law:

TrackSpot Software Ltd excludes all implied warranties except those that cannot legally be excluded.

We are not liable for:

  • indirect loss
  • consequential loss
  • lost profits
  • lost data
  • reputational damage
  • business interruption

Our total aggregate liability arising from the Platform is limited to the amount paid by you to us in the preceding 12 months.

Nothing in these Terms limits rights under:

  • the Consumer Guarantees Act 1993
  • Fair Trading Act 1986 where applicable and non-excludable.

Where services are acquired for business purposes, you agree the Consumer Guarantees Act does not apply to the maximum extent permitted by law.

17. Indemnity

You indemnify TrackSpot Software Ltd and affiliated entities against claims arising from:

  • your misuse of the Platform
  • breach of these Terms
  • infringement by your content
  • unlawful conduct

18. Suspension and Termination

We may suspend or terminate access immediately where:

  • these Terms are breached
  • unlawful activity is suspected
  • security risks arise
  • payment obligations are not met

You may stop using the Platform at any time.

Termination does not affect accrued rights or obligations.

19. Data Retention and Deletion

We may retain:

  • backups
  • logs
  • archived materials
  • legal records

for reasonable operational and legal purposes.

Deleted data may persist temporarily in backups.

20. Changes to These Terms

We may update these Terms periodically.

Updated Terms become effective when published.

Continued use of the Platform constitutes acceptance of revised Terms.

21. Governing Law

These Terms are governed by the laws of New Zealand.

Any disputes shall be subject to the exclusive jurisdiction of the New Zealand courts.

22. Contact

TrackSpot Software Ltd New Zealand

Email: legal@trackspot.tv Website: https://trackspot.tv