Terms of Service

1. Definitions

• —Service — the TakyRace website, application and related features.
• —User — anyone with an account. Users act as Drivers, Organizers, or both.
• —Driver — a user who discovers championships, registers and competes.
• —Organizer — a user who creates and manages championships, seasons, calendars, rosters and stewarding.
• —Content — anything you submit: profiles, setups, results, incident videos, messages, championship data, etc.

2. Eligibility & accounts

2.1 You must be at least 16 years old to create an account and use the Service.

2.2 You must provide accurate registration information and keep it current.

2.3 You are responsible for your account credentials and for all activity under your account. Notify us promptly of any unauthorised use.

2.4 One person, one account, unless we expressly permit otherwise.

3. The Service

3.1 TakyRace is a multi-simulator championship-management platform. It connects Drivers and Organizers; it does not operate the simulators themselves and is not affiliated with the simulator publishers (e.g. iRacing, Le Mans Ultimate), which are the property of their respective owners.

3.2 We may add, change, suspend or remove features at any time. We aim for high availability but do not guarantee the Service is uninterrupted or error-free.

4. Organizers' responsibilities

4.1 Organizers are solely responsible for the championships they run: rules, eligibility, calendars, stewarding decisions, prizes and communications.

4.2 Organizers must run their championships lawfully and fairly and use participant data only to run their championships, within TakyRace's controllership and these Terms. TakyRace (Aitaky SRL) is the sole data controller for personal data on the platform (see the Privacy Policy); organizers are not separate controllers.

4.3 Steward and organizer decisions within a championship (penalties, position changes, disqualifications) are made at the organizer's discretion. TakyRace is not a party to disputes between Organizers and Drivers and does not adjudicate on-track or sporting matters.

4.4 Prizes and competitions. TakyRace does not operate games of chance and does not award money prizes; any rewards TakyRace itself offers are non-monetary. Where an Organizer offers prizes, the Organizer is solely responsible for those prizes and their lawfulness — including Italian rules on prize competitions (concorsi a premio) and the State monopoly on money prizes and gaming, age restrictions, eligibility, taxes and prize terms. Organizers must not offer unlawful cash prizes or run unauthorised prize competitions, lotteries or gambling through the Service, and they indemnify TakyRace against any breach.

5. Acceptable use

5.1 You agree to comply with our Acceptable Use Policy, which is incorporated into these Terms.

5.2 You must not: break the law; infringe others' rights; upload malicious code; scrape, overload or attack the Service; circumvent security; impersonate others; or use the Service to harass, abuse or defraud.

5.3 Your use of the Service is also governed by our Privacy Policy and Cookie Policy, which are incorporated into these Terms by reference.

6. Your content

6.1 You keep ownership of your Content.

6.2 You grant TakyRace a worldwide, non-exclusive, royalty-free licence to host, store, reproduce and display your Content solely to operate, promote and improve the Service. This licence ends when you delete the Content or your account, except for (a) backups for a limited period, (b) anonymised/aggregated records, and (c) content others have re-shared within the Service (e.g. results that form championship history).

6.3 You represent that you have the rights to the Content you submit and that it does not infringe third-party rights (including any incident video you upload or link).

6.4 We may remove Content that violates these Terms or the law.

6.5 Organizer/seller branding. If you run a championship or sell on the platform, you grant TakyRace a non-exclusive, royalty-free licence to use your name and logo (i) on the platform as needed to operate and display your championship or listings, and (ii) to promote the Service and our relationship. You may opt out of the external-promotion use (ii) at any time by contacting us; this does not affect the on-platform use (i).

7. Intellectual property

The Service, its software, design, brand and "TakyRace" name are owned by Aitaky SRL and protected by law. These Terms grant you a limited, revocable, non-transferable licence to use the Service; they do not transfer any IP rights to you.

8. Fees, payments & marketplace

8.1 Plans and TakyRace's role. TakyRace offers a Free plan at no cost and a Pro plan at EUR 10 per month, VAT included. Pro unlocks the telemetry app and the ability to create championships, seasons and races and to sell digital goods and services (e.g. liveries, car setups, coaching). The Pro subscription renews automatically each month until cancelled; you may cancel at any time, effective at the end of the current billing period. By subscribing you authorise TakyRace and its payment provider (Stripe) to charge your saved payment method the applicable fee plus taxes on each renewal date. As the subscription is a digital service supplied immediately, there is no pro-rata refund for the current period once it has begun (without prejudice to the 14-day right of withdrawal on first purchase where performance has not yet begun).

TakyRace operates as an intermediary platform enabling Users to transact with each other. In these transactions the seller is the counterparty and is solely responsible for what they sell, its description, delivery and any applicable warranties and consumer-law obligations. TakyRace is not the seller and is not a party to the contract between buyer and seller, except as the operator of the platform and collector of its platform fee.

8.2 Platform fee. TakyRace charges a platform fee on each transaction of 8% of the transaction value (which includes Stripe's percentage processing costs) plus a fixed EUR 0.25 per transaction. The fee is shown at checkout and in the seller's settings and is deducted from the seller's proceeds.

8.3 Payments and payouts. Payments are processed by Stripe (Stripe Payments Europe, Ltd) using Stripe Connect. By transacting you agree to Stripe's terms, and sellers agree to the Stripe Connected Account Agreement and to complete Stripe's identity/verification (KYC) checks. Payouts follow Stripe's standard schedule, subject to a minimum payout threshold of EUR 20. Funds may be held or reversed where required (e.g. disputes, chargebacks, suspected fraud, KYC issues). TakyRace does not store full card data.

8.4 Taxes. Prices shown to consumers are inclusive of VAT. Each seller is responsible for their own tax obligations (including VAT and income tax) on what they sell. TakyRace is responsible for tax on its own platform fee and the Pro subscription, and does not act as a VAT collector or marketplace facilitator for sellers' transactions.

8.5 Platform-operator reporting (DAC7). As an EU digital platform that facilitates sales/services for consideration, TakyRace is subject to reporting obligations under EU Directive 2021/514 ("DAC7") and its Italian implementation. Sellers must provide the identification and tax information required (collected partly through Stripe's onboarding). TakyRace reports the required seller information to the relevant tax authority annually where legally required. Data collected includes: name or company name, address, email and phone; an identity document or electronic identifier; VAT/tax code and trade-register entry where applicable; payout account details (IBAN); and the total consideration paid out per reporting period.

8.6 Consumer rights. Where a buyer is a consumer, mandatory EU/Italian consumer-protection rules apply, including (where applicable) the 14-day right of withdrawal under the Codice del Consumo — subject to the exceptions for digital content/services whose performance has begun with the consumer's prior express consent and acknowledgement of losing the right of withdrawal. The seller is the primary obligor; TakyRace will provide reasonable support to facilitate these rights.

8.7 Refunds and disputes. Refunds and buyer-seller disputes are primarily between buyer and seller; TakyRace's process is set out in the Refund Policy. On a refund TakyRace returns its 8% platform fee; Stripe's fixed EUR 0.25 per-transaction fee is non-refundable. For statutory consumer refunds and valid withdrawals the consumer always receives a full refund of the price paid, and the non-recoverable EUR 0.25 is borne by the seller; for discretionary (goodwill) refunds the EUR 0.25 may be retained.

8.8 Seller obligations. Sellers must have the right to sell what they offer, describe it accurately, comply with applicable law (consumer, tax, IP), and not sell prohibited items. Breach may lead to removal of listings, withholding of payouts where lawful, and suspension.

8.9 Use of platform payments (no circumvention). All paid transactions on TakyRace — paid entries and sales of digital goods/services — must be processed through the platform's payment facilities (Stripe). Sellers and organizers must not solicit, arrange or accept payment off-platform to avoid the platform fee. Circumvention is a serious breach and may result in withholding of payouts where lawful, removal of listings, and suspension or termination.

8.10 Failed payments & 8.11 Changes to fees. If a subscription payment fails, is charged back or reversed, or we reasonably suspect fraud, we may suspend or cancel your access to the paid Services; for genuine payment failures we will, where reasonable, allow a short period to update your payment method. We may change the subscription or platform fee, or start charging for previously free features, going forward and in accordance with law; for an active subscription we give reasonable advance notice of any increase, the new price applies from your next renewal, and you may cancel before it takes effect.

9. Termination

9.1 You may close your account at any time.

9.2 We may suspend or terminate your access if you breach these Terms, the AUP or the law, or to protect the Service or other users. Where reasonable and lawful, we give notice.

9.3 On termination, your right to use the Service ends. Sections that by nature survive (IP, liability, indemnity, governing law) continue to apply.

9.4 Cancellation, suspension or termination does not affect your mandatory statutory rights as a consumer.

10. Disclaimers

The Service is provided "as is" and "as available". To the maximum extent permitted by law, we disclaim implied warranties of merchantability, fitness for a particular purpose and non-infringement. We are not responsible for the conduct of Users, Organizers or third-party simulators/services.

Third-party links and content. The Service may link to or embed third-party sites and content (e.g. Discord, YouTube, Vimeo, Twitch, simulator websites, sellers' external resources). These are not under our control; we do not endorse them and accept no responsibility for their content, availability or practices. Your use of them is at your own risk and subject to their own terms.

11. Limitation of liability

11.1 Nothing in these Terms excludes liability that cannot be excluded by law (including for death/personal injury caused by negligence, fraud, or mandatory consumer rights).

11.2 Subject to 11.1, to the maximum extent permitted by law TakyRace is not liable for indirect, incidental, special or consequential damages, or loss of data, profits or goodwill.

11.3 Subject to 11.1, our total aggregate liability is limited to the greater of (i) the platform fees you paid to TakyRace in the 12 months before the event giving rise to liability, or (ii) EUR 100.

11.4 We are not liable for any failure or delay in performance caused by events beyond our reasonable control (force majeure), including outages of third-party infrastructure or simulators, network failures, or acts of authority.

12. Indemnity

You agree to indemnify Aitaky SRL against claims arising from your Content, your use of the Service in breach of these Terms, or your violation of law or third-party rights — to the extent permitted by applicable law (limited for consumers).

13. Changes to these Terms

We may update these Terms. We will give reasonable notice of material changes; continued use after the effective date constitutes acceptance. If you do not agree, stop using the Service and may close your account.

14. Governing law & jurisdiction

14.1 These Terms are governed by Italian law.

14.2 The competent court is the Court of Padova, Italy. For consumers, mandatory jurisdiction rules and the EU Online Dispute Resolution platform (ec.europa.eu/consumers/odr) apply.

15. Miscellaneous

15.1 If any provision is unenforceable, the rest remains in effect.

15.2 Our failure to enforce a right is not a waiver.

15.3 You may not assign these Terms; we may assign them in connection with a merger, acquisition or reorganisation.

15.4 These Terms, together with the policies they reference (Privacy Policy, Cookie Policy, Acceptable Use Policy and the other linked documents), constitute the entire agreement between you and TakyRace regarding the Service and supersede any prior arrangements on the same subject. This does not limit your mandatory rights as a consumer.

16. Contact

Aitaky SRL. For full company details see the Legal Notice. Contact: hello@aitaky.com · privacy@aitaky.com