Racy Tech Terms of Use

Welcome to Racy Tech!

These Terms of Use (these “Terms”) govern your access and use of Links: Smart Family Care (the “Product”), the website located at www.racytech.com, products, services, software, and native and web applications through which you access Racy Tech’s products and services, including any and all Content (as defined herein), features, and functionality, and all information submitted through them (collectively, the “Platforms”).

These Terms are a binding agreement between you and Racy Tech Inc. (“Racy Tech,” “we,” “us,” and “our”). Your access to or use of the Platforms constitutes your agreement to these Terms and our Privacy Policy located at www.racytech.com/privacy, and any other additional terms and conditions and policies referenced herein and/or available on our Platforms. You understand that these Terms govern all aspects of your relationship with Racy Tech. IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS, YOU MUST NOT ACCESS OR USE THE PLATFORMS.

ARBITRATION AND WAIVER OF CLASS ACTION NOTICE: THESE TERMS REQUIRE THE USE OF ARBITRATION (SEE BELOW IN THE “DISPUTE RESOLUTION” SECTION) ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS, AND ALSO LIMIT THE REMEDIES AVAILABLE TO YOU IN THE EVENT OF A DISPUTE. YOU MAY PURSUE CLAIMS AND SEEK RELIEF AGAINST US ONLY ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING; AND YOU WAIVE YOUR RIGHT TO SEEK RELIEF IN A COURT OF LAW AND TO HAVE A JURY TRIAL ON YOUR CLAIMS.

Changes to these Terms

We may modify these Terms at any time in our sole discretion by updating this posting. All changes are effective immediately when we post them, and apply to all access to and use of the Platforms thereafter. Continued use of the Platforms following such changes shall indicate your acknowledgement of such changes and agreement to be bound by the terms and conditions of such changes. You are bound by any such modifications and therefore you are expected to visit this page periodically to review these Terms from time to time so you are aware of any changes.

Safety and Health Disclaimers

Racy Tech is not a health care provider, and we do not provide or recommend any medical advice. The Product and the Platforms are not intended to be a medical device, and Racy Tech does not represent or warrant that the Product or the Platforms constitute a medical device regulated by the U.S. Food and Drug Administration (“FDA”) under the Federal Food, Drug, and Cosmetic Act (the “FD&C Act”). Any alerts, notifications, or reminders provided through the Platforms (including, without limitation, medication reminders, activity alerts, and health metric notifications) are intended solely to relay or display information you have configured and are not intended to constitute clinical decision support, automated patient monitoring, or active patient management for purposes of immediate clinical intervention. You acknowledge that such alerts and notifications do not replace the advice, judgment, or guidance of a qualified healthcare professional, and you should not rely on any alerts or notifications from the Platforms as a substitute for professional medical care. The Platforms are intended to transfer, store, convert formats, and display health data from connected devices, and any analysis or processing is for general wellness and informational purposes only and not for clinical decision-making. The Platforms are intended to function as low-risk general wellness products consistent with FDA guidance on general wellness devices and are provided solely for general wellness and informational purposes. The Platforms are not intended to diagnose, treat, cure, monitor, or prevent any medical condition, disorder, or disease. Racy Tech has designed the Platforms to operate within the scope of FDA guidance regarding low-risk general wellness products and policies of enforcement discretion that FDA has articulated for such products from time to time. Accordingly, these features are provided solely for general wellness and informational purposes and are not intended to diagnose, treat, cure, monitor, or prevent any medical condition, disorder, or disease. Racy Tech may introduce additional features or functions in the future, including features relating to biometric or physiological data inputs not described herein. To the extent any current or future function of the Platforms could be characterized as a regulated medical device, Racy Tech will evaluate such function under applicable FDA requirements and undertake any registration, clearance, authorization, or other compliance measures it determines to be required prior to making such function generally available.

Racy Tech is not currently acting as a Covered Entity or Business Associate as those terms are defined under the Health Insurance Portability and Accountability Act of 1996 and its implementing regulations (“HIPAA”). Except where Racy Tech has executed a written business associate agreement with a Covered Entity or Business Associate, Racy Tech does not receive, transmit, or process protected health information (“PHI”) on behalf of, or in connection with, any Covered Entity or Business Associate, and does not create, receive, maintain, or transmit PHI for purposes of treatment, payment, or healthcare operations as contemplated by HIPAA. While the Platforms may collect, store, and facilitate the sharing of certain health-related information (such as heart rate, blood oxygen level, blood pressure, blood glucose, medication tracking data, and similar wellness metrics), such information is collected and used solely to provide the wellness and care coordination features of the Platforms as described in these Terms and our Privacy Policy. You acknowledge that the protections afforded by HIPAA do not apply to the health-related information you submit to the Platforms, and that your use of the Platforms and any sharing of your health information through the Platforms is governed solely by these Terms, our Privacy Policy, and applicable state and federal privacy laws, which may include state consumer health data laws applicable to certain residents (such as the Washington My Health My Data Act and similar laws in other states). Where required by such laws, Racy Tech will provide the applicable notices, consents, and rights through our Privacy Policy or other means as required. You are encouraged to review our Privacy Policy for a full description of how your health-related information is collected, used, and protected. If you choose to share your health information with any third party through or in connection with the Platforms, you do so voluntarily and at your own discretion. Racy Tech is not responsible for the use, handling, or protection of your health information by any such third party, and you should independently evaluate the privacy and security practices of any third party with whom you choose to share your information.

YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT THE INFORMATION, PRODUCTS, AND SERVICES THAT ARE PROVIDED TO YOU OR ON OR THROUGH THE PLATFORMS ARE NOT INTENDED TO DIAGNOSE, TREAT, CURE, OR PREVENT ANY MEDICAL CONDITION, DISORDER, OR DISEASE AND DO NOT CONSTITUTE MEDICAL ADVICE. ALL CONTENT PROVIDED ON THE PLATFORMS ARE PROVIDED TO YOU FOR GENERAL WELLNESS AND CARE COORDINATION PURPOSES. The Platforms may include information about physical activity and other health information, including but not limited to your heart rate, blood oxygen level, respiratory level, blood glucose levels, blood pressure and other health information. You should consult with a medical professional before engaging in any physical activities in connection with the Platforms. You acknowledge and agree that physical activities involve a risk of injury and you assume the risk associated with any physical activities conducted in connection with the Platforms.

Eligibility

In order to access or use the Platforms, each user must be eighteen (18) years of age or older, and on behalf of yourself or the entity that you represent, have the right to bind yourself to these Terms. If you do not meet these requirements, you must not access or use the Platforms.

User Categories

The Platforms are designed to serve a multi-party care model involving three categories of users:

(a) “Caregiver” who is the adult (typically a family member or trusted individual) who creates and holds the account;

(b) “Senior User” who is the individual who wears Racy Tech’s products and whose health data is collected through the Platforms; and

(c) “Support Network” who are the group of individuals (which may include the Caregiver and others invited by the Caregiver) who are granted access to some or all of the Senior User’s health data and related Platform features.

The Caregiver hereby accepts these Terms and the Privacy Policy on their own behalf. The Senior User’s acceptance of these Terms and the Privacy Policy is obtained directly through the consent flow described in the Senior User Consent section below; the Senior User’s completion of that flow constitutes their independent agreement to be bound by these Terms and the Privacy Policy to the fullest extent permitted by applicable law. Each Support Network member accepts these Terms and the Privacy Policy individually upon joining the Support Network.

Use of Content and Intellectual Property

The content contained on Platforms, such as text, graphics, images, audio, videos and other material, as well as the domain names, tagline, organization and user look and feel (collectively, the “Content”), is protected by copyright, trademark and other such laws in the United States and foreign countries, and is owned or controlled by Racy Tech or by third parties that have licensed their Content to Racy Tech. By using the Platforms, you acknowledge that all the intellectual property rights, including copyrights, patents, trademarks, and trade secrets, in the Platforms and its Content are owned by Racy Tech. Racy Tech’s name, Racy Tech’s logo, the name and branding of the Product, and all related names, terms, logos, product and service names, designs, and slogans are trademarks of Racy Tech or its affiliates or licensors. You must not use such marks without the prior written permission of Racy Tech. There are no implied licenses granted under these Terms unless expressly stated in these Terms. Unauthorized use of the Content may violate copyright, trademark, and other laws. Where the Platforms are configured to enable the download of particular Content, you may download one copy of such Content to a single computer for your personal, noncommercial home use only, provided that (a) you retain all copyright and other proprietary notices contained in the original Content, (b) you may not sell or modify the Content or reproduce, display, publicly perform, distribute, or otherwise use the Content in any way for any public or commercial purpose without the prior written permission of Racy Tech, and (c) you may not use the Content in a manner that suggests an association with any of our products, services or brands.

You may not, without the prior written permission of Racy Tech, “mirror” on any other server any material contained on the Platforms. The use of the Content on any other website or in a networked computer environment for any purpose is prohibited, without the express written permission of Racy Tech. The trademarks, logos and service marks (the “Marks”) displayed on the Platforms are owned by Racy Tech or other third parties. You are prohibited from use of those Marks without the express, written permission of Racy Tech or such third party.

In the event that we offer downloads of software on the Platforms and you download such software, the software, including without limitation any files, images incorporated in or generated by the software, and data accompanying the software (collectively, the “Software”) is licensed to you by us or third-party licensors for your personal, noncommercial home use only. We do not transfer title to the Software to you. You may not distribute or otherwise exploit the Software or decompile, reverse engineer, disassemble or otherwise reduce the Software to a human-readable form.

Subject to your payment of any applicable fees, purchases, subscriptions, Racy Tech grants you a revocable, non-exclusive, non-transferable, personal, non-sublicensable, limited right and license to access and use the Platforms, Software, and Content for the limited purpose it is provided to you, solely in accordance with these Terms. If you provide Racy Tech with any feedback, suggestions, ideas, or recommendations regarding the Platforms (“Feedback”), you hereby grant Racy Tech a perpetual, irrevocable, worldwide, royalty-free, fully paid-up, sublicensable license to use, reproduce, modify, and exploit such Feedback for any purpose, without any obligation or compensation to you. Racy Tech shall remain the sole and exclusive owner of all right, title, and interest in and to all of Racy Tech’s intellectual property rights in the Content, Software, and the Platforms. Except for the limited license provided in this section, nothing in these Terms grants any right, title, or interest in or to any intellectual property rights in or relating to the Content, Software, or the Platforms.

RACY TECH HEREBY DISCLAIMS ALL WARRANTIES WITH REGARD TO THE SOFTWARE, INCLUDING WITHOUT LIMITATION ALL WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NONINFRINGEMENT, WHETHER SUCH WARRANTIES ARE EXPRESS, IMPLIED OR STATUTORY. TO THE FULLEST EXTENT PERMITTED BY LAW, RACY TECH SHALL NOT BE LIABLE FOR (1) ANY INACCURACY, ERROR IN OR FAILURE OF THE SOFTWARE; (2) ANY LOSS OR DAMAGE (INCLUDING WITHOUT LIMITATION ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL OR EXEMPLARY DAMAGES) ARISING FROM ANY DOWNLOAD OR USE MADE OF THE SOFTWARE, OR OCCASIONED BY ANY SUCH INACCURACY, ERROR OR FAILURE OF THE SOFTWARE.

Links to Other Websites and Third-Party Applications

The Platforms may contain links to third-party websites that are maintained by third parties. Any such links are provided solely as a convenience to you and not as an endorsement by Racy Tech of the contents on such third-party websites. Racy Tech is not responsible for the content of linked third-party websites and does not make any representations or warranties regarding the content or accuracy of materials on such third-party websites or the privacy practices of such third parties. If you decide to access linked third-party websites, you do so at your own risk.

On the Platforms, you might have an opportunity to download applications that were developed by third parties. Racy Tech is not responsible for and makes no representations or warranties regarding the content or functionality of these third-party applications or the privacy practices of such third-party developers. If you decide to download and use any of these third-party applications, then you do so at your own risk. Racy Tech recommends that you seek specialist advice before using or relying on certain tools.

Use and Restrictions

You expressly understand and agree that you are solely responsible for all activity that occurs under your account, whether done so by you or any third person using your account and for all of your activity in connection with the Platforms. You may not upload, share, or transmit content, data, or information (“User Content”) to us or to the Platforms that is unlawful, defamatory, or threatening. As between you and Racy Tech, you retain all right, title, and interest in and to your User Content. You hereby grant Racy Tech a worldwide, non-exclusive, royalty-free, sublicensable license to host, store, reproduce, transmit, display, modify (solely for formatting and technical compatibility), and otherwise use your User Content solely as necessary to provide, maintain, support, and improve the Platforms and to perform our obligations and exercise our rights under these Terms. You represent and warrant that you have all rights necessary to grant this license and that your User Content does not infringe or violate the rights of any third party. The Platforms may allow you to input User Content to utilize certain features. Racy Tech is not responsible for reviewing or correcting User Content and shall not be liable for any resulting feature outputs in connection with incorrect User Content uploaded to or entered into the Platforms. Prohibited User Content includes, but is not limited to:

• unlawful User Content or promoting unlawful activity;
• defamatory, discriminatory, or mean-spirited User Content, including references or commentary about religion, race, sexual orientation, gender, national/ethnic origin, or other targeted groups;
• restricted verticals such as substance/drugs use, adult services, etc.;
• infringing on any proprietary rights of any party, including patent, trademark, trade secret, copyright, right of publicity or other rights;
• violating the privacy of any third person; and
• false information.

Any fraudulent, abusive, or otherwise illegal activity may be grounds for termination of your right to access or use the Platforms. You may not post or transmit, or cause to be posted or transmitted, any communication or solicitation designed or intended to obtain password, account, or private information from any other user of the Platforms. You will not decompile, reverse engineer, or otherwise attempt to obtain the source code of the Platforms. You will be responsible for withholding, filing, and reporting all taxes, duties and other governmental assessments associated with your activity in connection with the Platforms.

Accounts

To access the Platforms, you may be asked to provide certain registration or other information. You agree to provide, maintain and update true, accurate, current, and complete information about yourself as prompted by our registration processes (the “Registration Data”). You represent and warrant that (a) all required registration information you submit is truthful, accurate, current and complete; (b) you will maintain the accuracy of such information. You agree that all information you provide to register with the Platforms or otherwise, including, but not limited to, through the use of any interactive features on the Platforms, is governed by our Privacy Policy located at www.racytech.com/privacy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy. You agree not to impersonate any person or entity or misrepresent your identity or affiliation with any person or entity, including using another person’s username, password or other account information, or another person’s name, likeness, voice, image or photograph. You are responsible for maintaining the confidentiality of your account login information and are fully responsible for all activities that occur under your account. You also agree to notify us promptly at admin@racytech.com of any unauthorized use of your username, password, other account information, or any other breach of security that you become aware of involving or relating to the Platforms. Racy Tech cannot and will not be liable for any damages, losses, costs, expenses, or liabilities arising from your failure to comply with the above requirements.

You may delete your account at any time, for any reason, by following the instructions on the Platforms. We may suspend or terminate your account and your ability to use the Platforms or portion thereof for failure to comply with these Terms or any special terms related to a particular service.

Senior User Consent; Support Network Access and Revocation

The Caregiver represents and warrants that, prior to enrolling a Senior User on the Platforms, the Caregiver has informed the Senior User of the nature and scope of data collection and sharing contemplated by these Terms and the Privacy Policy, and that the Senior User has agreed to participate. In addition to the Caregiver’s representation, Racy Tech will seek the Senior User’s direct acceptance of these Terms and the Privacy Policy through the following consent flow: (a) at device activation, the Senior User will be presented with a summary of these Terms and the Privacy Policy on the device screen and asked to confirm their acceptance; and (b) simultaneously, Racy Tech will send an email to the address provided by the Caregiver for the Senior User, containing a link to the full Terms and Privacy Policy and a one-click acceptance mechanism. Health data collection from the Senior User’s device will not begin until the Senior User has completed either the device activation flow or the email acceptance mechanism. The Senior User’s completion of either mechanism constitutes their direct agreement to be bound by these Terms and the Privacy Policy to the fullest extent permitted by applicable law. The Caregiver’s enrollment representation under this section does not substitute for the Senior User’s direct acceptance and does not permit data collection to commence in the absence of that acceptance. Racy Tech will notify the Caregiver if the Senior User has not completed either acceptance mechanism, and data collection will remain suspended until acceptance is confirmed.

The Caregiver may invite additional individuals to join the Senior User’s Support Network through the Platforms. Each Support Network member invited by the Caregiver agrees to these Terms and the Privacy Policy. The Caregiver controls Support Network membership, including the ability to add or remove members at any time.

The Senior User may, at any time and without penalty, revoke their consent to the collection, processing, or sharing of their health data through the Platforms by: (i) using the consent revocation feature accessible through the Senior User’s device or the Platforms; or (ii) submitting a written revocation request to privacy@racytech.com. Upon receipt of a valid revocation, Racy Tech will (a) cease active collection of new health data from the Senior User’s device within a commercially reasonable time as required by law, (b) restrict Support Network members’ access to the Senior User’s health data, and (c) process accompanying deletion requests in accordance with the Privacy Policy. Revocation does not affect the lawfulness of data collection or sharing that occurred prior to the revocation. The Caregiver will be notified of a revocation to the extent required to administer the account, but the substance of the Senior User’s revocation communication will not be shared beyond what is operationally necessary. Where the Caregiver and the Senior User are the same individual, these provisions apply to that individual in both capacities.

Subscriptions and Purchases

Racy Tech may permit you to access the Product or the Platforms on a paid subscription basis. The Platforms may also be offered to you on a free thirty (30) day trial subscription. You will be billed in advance on a recurring and periodic and/or purchase basis depending on the type of subscription you select when purchasing. If you registered for a free trial, you will be billed when the free trial expires. Racy Tech offers both monthly and annual subscription plans. Annual subscriptions are billed in full at the start of each subscription year. For monthly subscriptions, at the end of each monthly subscription period, your subscription will automatically renew under the exact same conditions unless you or Racy Tech cancels it. For annual subscriptions, at the end of each subscription year, your subscription will automatically renew for another one-year term at the then-current annual rate unless you cancel before the renewal date.

You may cancel your subscription renewal at any time through your account settings on the Platforms or through any other cancellation mechanism made available through the Platforms (which will be at least as simple as the method you used to subscribe). If you subscribed through a third-party app store or other platform, you may need to cancel through that third party. You will not receive a refund for the fees you already paid for your purchases or current monthly or annual subscription, and you will be able to access the Platforms through your account until the end of your purchases or current monthly or annual subscription as applicable. Cancellations for monthly subscriptions take effect at the end of the current monthly billing period. Cancellations for annual subscriptions take effect at the end of the current subscription year; if you cancel an annual subscription mid-year, your access will continue through the end of the then-current subscription year and no refund will be issued for the unused portion of the year. Certain refund requests for an annual subscription made within thirty (30) days of the initial purchase or an auto-renewal charge may be considered by Racy Tech on a case-by-case basis and granted at the sole discretion of Racy Tech.

You shall provide Racy Tech with accurate and complete billing information including full name, address, state, zip code, telephone number, and valid payment method information. Should automatic billing fail to occur for any reason, Racy Tech will issue an electronic invoice indicating that you must proceed manually, within a certain deadline date, with the full payment corresponding to the billing period as indicated on the invoice.

In the event that payment cannot be processed within the specified timeframe, please be advised that your account is subject to immediate termination. In such cases, all content, end-user information, and data associated with your account will be subject to complete deletion at the sole discretion of Racy Tech.

Racy Tech, in its sole discretion and at any time, may modify the fees associated with the Platforms. For subscriptions, any fee change will become effective at the end of the then-current subscription. Racy Tech will provide you with reasonable prior notice of any change in subscription fees to give you an opportunity to terminate your subscription before such change becomes effective. Your continued use of the Platforms after the subscription fee change comes into effect constitutes your agreement to pay the modified subscription fee amount.

Any promotions made available through the Platforms may be governed by rules that are separate from these Terms. If you participate in any promotions, please review the applicable rules as well as our Privacy Policy located at www.racytech.com/privacy. If the rules for a promotion conflict with these Terms, the promotion rules will apply.

Disclaimer of Warranties

Racy Tech makes no representations or warranties about the accuracy, reliability, completeness, or timeliness of the Content or about the results to be obtained from using the Platforms and the Content. Any use of the Platforms and the Content is at your own risk. Changes are periodically made to Platforms and may be made at any time. Racy Tech further reserves the right to modify, suspend, or discontinue any service on or feature of the Platforms (including any changes to or removal of Content) at any time with or without notice to you, and Racy Tech shall not be liable to you or to any third party should it exercise such rights. Some Content on the Platforms may be provided by third parties, and Racy Tech will not be held responsible for any such Content provided by third parties. The Content on the Platforms is for convenience and information purposes only. Your access and use of the Platforms is done so entirely at your own risk.

The Content on this website is for convenience and information purposes only. Any information herein is not intended nor does it constitute healthcare, medical or other advice.

You understand that we cannot and do not guarantee or warrant that files available for downloading from the Platforms will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our Platforms for any reconstruction of any lost data. RACY TECH DOES NOT WARRANT THAT THE PLATFORMS WILL OPERATE ERROR-FREE OR THAT THE PLATFORMS OR THE RELATED SERVERS ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL GOODS. IF YOUR USE OF THE PLATFORMS OR THE CONTENT RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR LOSS OF PROFITS OR DATA, RACY TECH WILL NOT BE RESPONSIBLE FOR THOSE COSTS. TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR, OR ANY END USER’S, COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE PLATFORMS OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE PLATFORMS OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.

YOUR USE OF THE PLATFORMS, ITS CONTENT, AND ANY PRODUCTS, SERVICES OR ITEMS OBTAINED THROUGH THE PLATFORMS IS AT YOUR OWN RISK. THE PLATFORMS, ITS CONTENT, AND ANY PRODUCTS, SERVICES OR ITEMS OBTAINED THROUGH THE PLATFORMS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER RACY TECH NOR ANY PERSON ASSOCIATED WITH RACY TECH MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE PLATFORMS, OR ANY PRODUCTS OR SERVICES OBTAINED THROUGH THE PLATFORMS. TO THE FULLEST EXTENT PROVIDED BY LAW, RACY TECH HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, TITLE, NON-INFRINGEMENT, FITNESS FOR PARTICULAR PURPOSE, AND ALL WARRANTIES ARISING FROM COURSE OF DEALING, USAGE, OR TRADE. WITHOUT LIMITING THE FOREGOING, NEITHER RACY TECH NOR ANYONE ASSOCIATED WITH RACY TECH REPRESENTS OR WARRANTS THAT THE PLATFORMS, ITS CONTENT, OR ANY PRODUCTS, SERVICES OR ITEMS OBTAINED THROUGH THE PLATFORMS WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR PLATFORMS OR THE SERVER THAT MAKES THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE PLATFORMS OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE PLATFORMS WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

RACY TECH SHALL USE REASONABLE EFFORTS TO PROTECT INFORMATION OR DATA SUBMITTED BY YOU TO THE PLATFORMS IN CONNECTION WITH ANY SERVICE ON OR FEATURE OF THE PLATFORMS, BUT YOU AGREE THAT YOUR SUBMISSION OF SUCH INFORMATION OR DATA IS AT YOUR SOLE RISK, AND YOU HEREBY RELEASE RACY TECH FROM ANY AND ALL LIABILITY TO YOU FOR ANY LOSS OR LIABILITY RELATING TO SUCH INFORMATION IN ANY WAY. RACY TECH IS NOT RESPONSIBLE FOR ANY DATA CHARGES YOU MAY INCUR IN CONNECTION WITH YOUR USE OF THE PLATFORMS.

Limitation of Liability

Your use of the Platforms is at your own risk. If you are dissatisfied with any of the Content, other contents, any service on, or feature of the Platforms or with these Terms, your sole remedy is to discontinue use of the Platforms. TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL RACY TECH, OUR OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AGENTS, AFFILIATES, SERVICE PROVIDERS, SUCCESSORS, OR ASSIGNS BE LIABLE UNDER ANY CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE, OR ANY OTHER LEGAL OR EQUITABLE THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE PLATFORMS, OR INABILITY TO USE PLATFORMS, THE PLATFORMS, ANY WEBSITES LINKED TO THEM, OR ANY CONTENT, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE. TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL THE COLLECTIVE LIABILITY OF RACY TECH AND ITS SUBSIDIARIES AND AFFILIATES, AND THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS, TO ANY PARTY (REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE) EXCEED THE GREATER OF ONE HUNDRED U.S. DOLLARS (US $100.00) OR THE TOTAL AMOUNT YOU PAID RACY TECH TO USE ANY PRODUCT OF, SERVICE ON, OR FEATURE OF THE PLATFORMS IN THE TWELVE (12) MONTHS PRIOR TO THE DATE OF AN INITIAL CLAIM MADE AGAINST US. THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Racy Tech recommends that you seek specialist advice before using or relying on certain tools.

Release

You hereby release and forever discharge Racy Tech (and our officers, employees, agents, successors, and assigns) from, and hereby waive and relinquish, each and every past, present and future dispute, claim, controversy, demand, right, obligation, liability, action and cause of action of every kind and nature (including personal injuries, death, and property damage), that has arisen or arises directly or indirectly out of, or that relates directly or indirectly to, the Platforms (including any User Content, interactions with, or act or omission of, other users of the Platforms or any third-party websites, links, ads, and advice or feature alerts provided). IF YOU ARE A CALIFORNIA RESIDENT, YOU HEREBY WAIVE CALIFORNIA CIVIL CODE SECTION 1542 IN CONNECTION WITH THE FOREGOING, WHICH STATES: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.”

Indemnity

To the fullest extent permitted by law, you agree to defend, indemnify and hold Racy Tech (and its officers, directors, employees, and agents) harmless, including costs, accounting and attorneys’ fees, from any claim, action or demand made by any third party due to or alleging from or arising out of (a) your use of the Platforms, (b) your violation of these Terms, (c) your violation of applicable laws or regulations or (d) your violation of any rights of a third party. Racy Tech reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of these claims. You agree not to settle any matter without the prior written consent of Racy Tech. Racy Tech will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.

Confidentiality

“Confidential Information” means non-public information about the Product or the Platforms (including any beta, pre-release, or testing features) that is identified as confidential at the time of disclosure or should reasonably be considered confidential based on the circumstances surrounding the disclosure and the nature of the information disclosed.

You (as the “Receiving Party”) must: (i) hold in confidence and not disclose the other party’s Confidential Information to third parties except as permitted by the Terms of Use; and (ii) only use the other party’s Confidential Information to fulfill its obligations and exercise its rights under the Terms of Use. Each party may share the other party’s Confidential Information with its, and its affiliates’, employees, agents or contractors having a legitimate need to know (which, for Racy Tech, includes any subcontractors, vendors and third-party providers we may use), provided that the party remains responsible for any recipient’s compliance with the terms of this Section and that these recipients are bound to confidentiality obligations no less protective than this Section.

These confidentiality obligations do not apply to (and Confidential Information does not include) information that: (i) is or becomes public knowledge through no fault of the Receiving Party; (ii) was known by the Receiving Party before it received the Confidential Information; (iii) is rightfully obtained by the Receiving Party from a third-party without breach of any confidentiality obligation; or (iv) is independently developed by the Receiving Party without using the disclosing party’s Confidential Information. A party may also disclose the other party’s Confidential Information to a party’s advisors, attorneys, actual or bona-fide potential acquirers, investors or other sources of funding (and their respective advisors and attorneys) for due diligence purposes, or to the extent required by law or court order, provided it gives advance notice (if permitted by law) and cooperates in any effort by the other party to obtain confidential treatment for the information.

Export Control

The United States and certain other countries control the export of products and information. You agree to comply with such restrictions and not to export or re-export the Content to countries or persons prohibited under export control laws. By downloading the Content, you are agreeing that you are not in a country where such export is prohibited and that you are not on the U.S. Commerce Department’s Table of Denial Orders or the U.S. Treasury Department’s list of Specially Designated Nationals. You are responsible for compliance with the laws of your local jurisdiction regarding the import, export, or re-export of the Content.

Copyright Policy

Racy Tech respects the intellectual property rights of others. It is Racy Tech’s policy, at our discretion and when appropriate, to terminate the accounts of users who may infringe or infringe the copyrights of third parties.

To submit a copyright infringement notification to Racy Tech relating to the Platforms, including but not limited to user submissions or Content, please submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) or, as applicable, other laws, by providing the following information in writing:

• A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
• Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.
• Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material.
• Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted.
• A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
• A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

You acknowledge that if you fail to comply with all of the requirements of the preceding paragraph, your notification may not be valid. Please see 17 U.S.C. § 512 for more information regarding the DMCA and DMCA notifications.

Our agent to receive notification of claimed copyright infringement can be reached at the following email address: admin@racytech.com.

Dispute Resolution

PLEASE READ THIS ARBITRATION AGREEMENT CAREFULLY. IT IS PART OF YOUR CONTRACT WITH RACY TECH AND AFFECTS YOUR RIGHTS. IT CONTAINS PROCEDURES FOR MANDATORY BINDING ARBITRATION AND A CLASS ACTION WAIVER.

Applicability of Arbitration Agreement

All claims and disputes (excluding claims for injunctive or other equitable relief as set forth below) in connection with the Terms or the use of any product or service provided by Racy Tech that cannot be resolved informally or in small claims court shall be resolved by binding arbitration on an individual basis under the terms of this arbitration agreement (this “Arbitration Agreement”). All arbitration proceedings shall be held in English. This Arbitration Agreement applies to you and Racy Tech, and to any subsidiaries, affiliates, agents, employees, predecessors in interest, successors, and assigns, as well as all authorized or unauthorized users or beneficiaries of services or goods provided under the Terms.

Notice Requirement and Informal Dispute Resolution

Before either party may seek arbitration, the party must first send to the other party a written notice of dispute (“Notice”) describing the nature and basis of the claim or dispute, and the requested relief. A Notice to Racy Tech should be sent to:

Racy Tech Inc.
142 W 57th Street, Suite 1016
New York, NY 10019

After the Notice is received, you and Racy Tech may attempt to resolve the claim or dispute informally. If you and Racy Tech do not resolve the claim or dispute within thirty (30) days after the Notice is received, either party may begin an arbitration proceeding. The amount of any settlement offer made by any party may not be disclosed to the arbitrator until after the arbitrator has determined the amount of the award, if any, to which either party is entitled.

Arbitration Rules

Arbitration shall be initiated through the American Arbitration Association (“AAA”), an established alternative dispute resolution provider (“ADR Provider”) that offers arbitration as set forth in this section. If AAA is not available to arbitrate, the parties shall agree to select an alternative ADR Provider. The rules of the ADR Provider shall govern all aspects of the arbitration, including but not limited to the method of initiating and/or demanding arbitration, except to the extent such rules are in conflict with the Terms. The AAA Consumer Arbitration Rules (“Arbitration Rules”) governing the arbitration are available online at www.adr.org or by calling the AAA at 1-800-778-7879. The arbitration shall be conducted by a single, neutral arbitrator. Any claims or disputes where the total amount of the award sought is less than Ten Thousand U.S. Dollars (US $10,000.00) may be resolved through binding non-appearance-based arbitration, at the option of the party seeking relief. For claims or disputes where the total amount of the award sought is Ten Thousand U.S. Dollars (US $10,000.00) or more, the right to a hearing will be determined by the Arbitration Rules. Any hearing will be held in the State of Delaware, unless the parties agree otherwise. If you reside outside of Delaware, the arbitrator shall give the parties reasonable notice of the date, time and place of any oral hearings. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Each party shall bear its own costs (including attorney’s fees) and disbursements arising out of the arbitration and shall pay an equal share of the fees and costs of the ADR Provider.

Additional Rules for Non-Appearance Based Arbitration

If non-appearance based arbitration is elected, the arbitration shall be conducted by telephone, online and/or based solely on written submissions; the specific manner shall be chosen by the party initiating the arbitration. The arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise agreed by the parties.

Time Limits

If you or Racy Tech pursue arbitration, the arbitration action must be initiated and/or demanded within the statute of limitations (i.e., the legal deadline for filing a claim) and within any deadline imposed under the AAA Rules for the pertinent claim.

Authority of Arbitrator

If arbitration is initiated, the arbitrator will decide the rights and liabilities, if any, of you and Racy Tech, and the dispute will not be consolidated with any other matters or joined with any other cases or parties. The arbitrator shall have the authority to grant motions dispositive of all or part of any claim. The arbitrator shall have the authority to award monetary damages, and to grant any non-monetary remedy or relief available to an individual under applicable law, the AAA Rules, and the Terms. The arbitrator shall issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The award of the arbitrator is final and binding upon you and Racy Tech.

Waiver of Jury Trial

THE PARTIES HEREBY WAIVE THEIR CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY, instead electing that all claims and disputes shall be resolved by arbitration under this Arbitration Agreement. Arbitration procedures are typically more limited, more efficient and less costly than rules applicable in a court and are subject to very limited review by a court. In the event any litigation should arise between you and Racy Tech in any state or federal court in a suit to vacate or enforce an arbitration award or otherwise, YOU AND RACY TECH WAIVE ALL RIGHTS TO A JURY TRIAL, instead electing that the dispute be resolved by a judge.

Waiver of Class or Consolidated Actions

ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED OR LITIGATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS BASIS, AND CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR LITIGATED JOINTLY OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER.

Confidentiality

All aspects of the arbitration proceeding, including but not limited to the award of the arbitrator and compliance therewith, shall be strictly confidential. The parties agree to maintain confidentiality unless otherwise required by law. This paragraph shall not prevent a party from submitting to a court of law any information necessary to enforce this Agreement, to enforce an arbitration award, or to seek injunctive or equitable relief.

Severability

If any part or parts of this Arbitration Agreement are found under the law to be invalid or unenforceable by a court of competent jurisdiction, then such specific part or parts shall be of no force and effect and shall be severed and the remainder of the Agreement shall continue in full force and effect.

Right to Waive

Any or all of the rights and limitations set forth in this Arbitration Agreement may be waived by the party against whom the claim is asserted. Such waiver shall not waive or affect any other portion of this Arbitration Agreement, including the rights set forth in this Arbitration Agreement as they apply to the party asserting the claim.

Survival of Agreement

This Arbitration Agreement will survive the termination of your relationship with Racy Tech.

Small Claims Court

Notwithstanding the foregoing, either you or Racy Tech may bring an individual action in small claims court.

Emergency Equitable Relief

Notwithstanding the foregoing, either party may seek emergency equitable relief before a state or federal court in order to maintain the status quo pending arbitration. A request for interim measures shall not be deemed a waiver of any other rights or obligations under this Arbitration Agreement.

Claims Not Subject to Arbitration

Notwithstanding the foregoing, claims of defamation, violation of the Computer Fraud and Abuse Act, and infringement or misappropriation of the other party’s patent, copyright, trademark or trade secrets shall not be subject to this Arbitration Agreement.

Governing Law and Jurisdiction

All legal issues arising from or related to your use of the Platforms and these Terms shall be construed in accordance with and governed by the laws of the State of Delaware applicable to contracts entered into and performed within the State of Delaware. Solely in the event that the foregoing Arbitration Agreement permits the parties to litigate in court (a) the parties hereby agree that all matters relating to the Platforms and these Terms, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of Delaware without giving effect to any choice or conflict of law provision or rule (whether of the State of Delaware or any other jurisdiction) and (b) any legal suit, action, or proceeding arising out of, or related to, these Terms or the Platforms shall be instituted exclusively in the federal courts of the United States or the courts of the State of Delaware, although we retain the right to bring any suit, action, or proceeding against you for breach of these Terms in your country of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

Venue and Forum Waiver

To the fullest extent permitted by law, you hereby waive any objection which you may now or hereafter have to an inconvenient venue and/or forum by way of arbitral proceeding in the State of Delaware. If (a) you are not a U.S. citizen; (b) you do not reside in the U.S.; (c) you are not accessing the Platforms from the U.S.; and (d) you are a citizen of one of the countries identified below, you hereby agree that any dispute, claim, or cause of action arising from these Terms or your use of the Platforms shall be governed by the applicable law set forth above, without regard to any conflict of law provisions, and you hereby irrevocably submit to the jurisdiction of the courts located in the state, province or country identified below whose law governs.

Specifically excluded from application to these Terms is the United Nations Convention on Contracts for the International Sale of Goods.

General

These Terms, and our Privacy Policy, constitute the entire agreement between you and us regarding the use of the Platforms. Our failure to exercise or enforce any right or provision of these Terms shall not operate as a waiver of such right or provision. The section titles in these Terms are for convenience only and have no legal or contractual effect. The word “including” means “including without limitation”. If any provision of these Terms is, for any reason, held to be invalid or unenforceable, the other provisions of these Terms will be unimpaired and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law. Your relationship to Racy Tech is that of an independent contractor, and neither party is an agent or partner of the other. These Terms, and your rights and obligations herein, may not be assigned, subcontracted, delegated, or otherwise transferred by you without Racy Tech’s prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void. Racy Tech may freely assign these Terms. The terms and conditions set forth in these Terms shall be binding upon assignees. Racy Tech will not be liable for any failure or delay in performance (other than payment obligations) caused by events beyond its reasonable control, including acts of God, natural disasters, pandemics, war, terrorism, civil unrest, governmental action, labor disputes, internet or telecommunications failures, or third-party service outages. These Terms are for the sole benefit of you and Racy Tech and do not create any third-party beneficiary rights in any other person or entity. By using the Platforms or creating an account, you consent to receive communications from Racy Tech electronically (including by email, in-app notification, or notice posted on the Platforms), and you agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. Any provisions of these Terms that by their nature should survive termination (including, without limitation, provisions regarding intellectual property, User Content, indemnification, disclaimers, limitation of liability, release, and dispute resolution) will survive termination.

Copyright © 2026. All rights reserved.

In the event of a complaint, or to request further information, Racy Tech may be contacted by email at admin@racytech.com.