Terms of Service - ThrottlePass

Welcome to ThrottlePass, a mobile app and online service provided by Oversteer, Inc. ("we," "us," "our"). By accessing or using ThrottlePass, you agree to these Terms of Service ("Terms"). If you do not agree, please do not use ThrottlePass.

1. Eligibility

You must be at least 13 years old to use ThrottlePass.
If you are under the age of majority in your jurisdiction, you may only use the app with parental consent.
By using ThrottlePass, you represent that you have the authority to agree to these Terms.

2. Your Account

You are responsible for keeping your account information secure.
You agree to keep your information accurate and up to date.
We may suspend or terminate your account if you violate these Terms.

3. User Content

You may create, upload, or share content such as posts, comments, messages, car setups, and lap times ("User Content").
You retain ownership of your User Content, but grant us a worldwide, royalty-free, sublicensable, and transferable license to use, host, store, reproduce, modify, distribute, publish, and display it in connection with operating and improving ThrottlePass, marketing the platform, and enabling advertising/partner integrations.
You are responsible for ensuring your User Content does not violate any law or the rights of others.
We do not pre-screen all User Content but reserve the right to review, remove, or restrict access to any User Content at our sole discretion if it violates these Terms or our Community Guidelines.
Users may report objectionable or abusive content directly within the app. We will review such reports promptly and may remove content or suspend accounts that violate these Terms.

4. Acceptable Use

You agree not to:

Use ThrottlePass for unlawful, harmful, or abusive purposes.
Post or share content that is defamatory, harassing, threatening, or violates intellectual property rights.
Post or share content that contains:

Sexually explicit or pornographic material
Hate speech or discriminatory remarks
Threats, incitement of violence, or graphic violence
Content that encourages suicide or self-harm

Attempt to disrupt or exploit ThrottlePass through hacking, scraping, or automated means.

5. Data, Advertising & Third Parties

ThrottlePass may display advertising, promotional content, and sponsored posts.
We may work with third-party partners to provide analytics, marketing, and advertising services.
By using ThrottlePass, you agree that such content may be personalized based on your activity.

6. App Features

ThrottlePass includes social features (posts, comments, direct messages), performance tracking, car setup sharing, and community engagement tools.
Features may be added, removed, or modified at any time without notice.

7. Termination & Enforcement

You may stop using ThrottlePass at any time.
We may remove objectionable User Content and suspend or terminate accounts that violate these Terms or our Community Guidelines.
We reserve the right to ban repeat violators or accounts engaging in harmful activity.

8. Intellectual Property & Ownership

Our Property

The ThrottlePass platform, including all software, algorithms, trademarks, logos, service marks, design elements, and proprietary technology, is owned by Oversteer, Inc. and protected by copyright, trademark, and other intellectual property laws. This includes our app code, database structure, telemetry processing systems, and visual design.

Prohibited Activities

Without our express written authorization, you may not:

Reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code or underlying algorithms of ThrottlePass
Use automated tools, bots, scrapers, or similar data gathering methods to extract data from ThrottlePass
Circumvent any technical protection measures or security features we implement
Create derivative works, modifications, or competing services based on ThrottlePass
Remove, obscure, or alter any proprietary notices, trademarks, or branding
Use our intellectual property, including our name, logos, or branding, in any commercial manner without permission

Reporting Copyright Violations

We respect intellectual property rights and expect our users to do the same. If you believe content on ThrottlePass infringes your copyright, submit a notice to [email protected] with:

Identification of the copyrighted work you claim has been infringed
Specific location of the allegedly infringing material on ThrottlePass (with URL or description)
Your contact information (name, address, telephone, email)
A good faith statement that the use is not authorized by the copyright owner or the law
A statement, under penalty of perjury, that your notice is accurate and that you are authorized to act on behalf of the copyright owner
Your physical or electronic signature

9. Prohibited Use & Illegal Activities

ThrottlePass is designed for legal motorsport enthusiasts, sim racers, and automotive communities. We strictly prohibit use of our platform to promote, coordinate, or facilitate illegal activities. This includes but is not limited to:

Illegal street racing or unsanctioned racing on public roads
Reckless driving, excessive speeding, or dangerous driving behavior
Organizing or promoting activities that violate traffic laws or endanger public safety
Sharing content that glorifies illegal racing or dangerous driving

ThrottlePass is intended exclusively for sanctioned track events, authorized racing venues, simulation racing, and legal automotive discussion. We reserve the right to remove content and terminate accounts that violate this policy without notice.

10. Third-Party Links & External Content

ThrottlePass may include links to third-party websites, services, or resources (such as racing organization websites, parts suppliers, or event organizers). These links are provided for your convenience only. We do not control, endorse, or assume responsibility for any third-party content, products, services, or practices. Your interactions with third-party sites are governed by their own terms and privacy policies, and you access them at your own risk. Oversteer, Inc. is not liable for any damages or losses resulting from your use of third-party links or services accessed through ThrottlePass.

11. User Indemnification

If your actions on ThrottlePass result in legal claims against us, you agree to defend, indemnify, and hold harmless Oversteer, Inc., our subsidiaries, affiliates, officers, directors, employees, agents, partners, and licensors from all claims, liabilities, damages, losses, costs, and expenses (including reasonable legal fees and court costs). This indemnification applies to situations including: breach of these Terms; violation of any law or regulation; infringement of third-party rights (including intellectual property, privacy, or publicity rights); content you post or share; and actions taken through your account, whether authorized by you or not. Your indemnification obligation survives termination of your account and these Terms.

12. Disclaimers and Limitation of Liability

Service Disclaimers

ThrottlePass is provided on an "as is" and "as available" basis without warranties of any kind, either express or implied. To the fullest extent permitted by law, Oversteer, Inc. and its subsidiaries, affiliates, officers, directors, employees, agents, partners, and licensors disclaim all warranties, including:

Implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement
Warranties regarding the accuracy, reliability, or completeness of lap times, telemetry data, car setups, leaderboards, or user-generated content
Guarantees that ThrottlePass will be available, uninterrupted, secure, or error-free
Promises that defects will be corrected or that our servers are free from viruses or harmful components

You access and use ThrottlePass at your own risk. Any data, content, or materials downloaded or obtained through ThrottlePass is done at your sole discretion and risk, and you are solely responsible for any damage to your device or loss of data that results.

Limitation of Liability

To the maximum extent permitted by applicable law, Oversteer, Inc., its subsidiaries, affiliates, officers, directors, employees, agents, partners, and licensors shall not be liable for any indirect, incidental, special, consequential, punitive, or exemplary damages. This includes damages for:

Loss of profits, revenue, business opportunities, or goodwill
Loss of data, including lap times, car setups, telemetry, photos, or other content
Service interruptions, unavailability, or technical failures
Costs of substitute services or replacement goods
Unauthorized access to or alteration of your account, transmissions, or data
Statements, conduct, or content of any third party on ThrottlePass
Any other matter relating to ThrottlePass or these Terms

This limitation applies regardless of the legal theory (contract, tort, negligence, strict liability, or otherwise) and whether or not we have been advised of the possibility of such damages. Some jurisdictions do not allow certain warranty disclaimers or liability limitations, so some of these limitations may not apply to you.

Dispute Release

If you have a dispute with another user, racing organization, track venue, or any third party in connection with ThrottlePass, you release Oversteer, Inc. (and our officers, directors, employees, agents, subsidiaries, affiliates, partners, and any related third parties) from all claims, demands, damages, losses, and liabilities (actual, consequential, and otherwise) of every kind and nature, whether known or unknown, suspected or unsuspected, disclosed or undisclosed, that arise out of or relate in any way to such disputes.

13. Global Use and Legal Compliance

International Access

ThrottlePass is operated by Oversteer, Inc. from Ontario, Canada. However, users may access our service from around the world. If you access ThrottlePass from outside Canada, you are solely responsible for ensuring your use complies with your local laws, regulations, and restrictions. We make no representation that ThrottlePass content or functionality is appropriate or available for use in all locations.

Export Controls

You agree to comply with all applicable export and import control laws and regulations, including Canadian export control laws and, where applicable, U.S. export regulations and sanctions programs. You represent and warrant that:

You are not located in, under the control of, or a national or resident of any country subject to embargo or sanctions
You are not listed on any government list of prohibited or restricted parties
You will not use ThrottlePass in violation of any export control or sanctions laws
You will not transfer or allow access to ThrottlePass technology or data to prohibited parties or destinations

Legal Process and Government Requests

We may access, preserve, and disclose your account information, User Content, and usage data if required by law or if we believe in good faith that such action is necessary to: comply with legal process, subpoenas, court orders, or government requests; enforce these Terms; respond to claims that content violates third-party rights; protect the rights, property, or safety of Oversteer, Inc., our users, or the public; or detect, prevent, or address fraud, security, or technical issues. Our disclosure practices are further described in our Privacy Policy.

14. Disputes and Governing Law

Time Limit for Claims

Any claim or dispute arising from your use of ThrottlePass must be filed within one (1) year after the claim arises. After this period, such claims are permanently barred, regardless of any contrary statute or law. This limitation period begins when you first knew or reasonably should have known about the claim.

Applicable Law and Jurisdiction

These Terms and your use of ThrottlePass are governed by the laws of the Province of Ontario and the federal laws of Canada applicable therein, without regard to conflict of law principles. You agree that any legal action or proceeding relating to these Terms or ThrottlePass shall be brought exclusively in the courts located in Ontario, Canada. You irrevocably submit to the jurisdiction of these courts and waive any objection to venue or inconvenient forum.

Severability and Waiver

If any provision of these Terms is determined to be unlawful, void, or unenforceable by a court of competent jurisdiction, that provision shall be severed and the remaining provisions shall continue in full force and effect to the maximum extent permitted by law. The court should attempt to give effect to the parties' intentions as reflected in the unenforceable provision. Our failure to enforce any right or provision of these Terms does not constitute a waiver of that right or provision unless acknowledged and agreed to in writing by us.

15. Account Rights and Transferability

Your ThrottlePass account is personal to you and may not be sold, transferred, assigned, or otherwise conveyed to any other person or entity. All rights associated with your account, including access to your content, lap times, car setups, and social connections, terminate automatically upon your death or legal incapacity. In the event of your death, an authorized representative may contact us with a certified death certificate to request account closure and data deletion. We reserve the right to memorialize, delete, or otherwise handle deceased user accounts in accordance with our policies and applicable law.

16. Accuracy of Information

While we strive for accuracy, ThrottlePass may contain typographical errors, inaccuracies, or outdated information regarding features, event details, track information, car specifications, or other content. We reserve the right to correct errors, update information, or modify features at any time without prior notice and without liability. Information on ThrottlePass, including lap times, leaderboards, and telemetry data, is provided for informational and entertainment purposes and should not be relied upon for critical decisions. We are under no obligation to update information unless required by law.

17. Modifications to Terms

We reserve the right to modify, amend, or update these Terms at any time at our sole discretion. If we make material changes, we will notify you through ThrottlePass (such as via in-app notification or email) or by updating the "Last updated" date at the top of these Terms. Your continued access to or use of ThrottlePass after any such changes constitutes your binding acceptance of the revised Terms. If you do not agree to the modified Terms, you must discontinue your use of ThrottlePass. We encourage you to review these Terms periodically to stay informed of any updates.

Contact Us

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

Oversteer, Inc.
4 Heritage Road, Unit 6
Markham, ON, Canada
L3P 1M4
Email: [email protected]