Terms of Service

1. Agreement to Terms

These Terms of Service ("Terms") constitute a legally binding agreement between you and Thoroughbreds AI Pty Ltd ("Thoroughbreds.AI", "we", "us", or "our") governing your access to and use of the Thoroughbreds.AI platform and related services (the "Service").

By accessing or using the Service, you agree to be bound by these Terms. If you do not agree, do not use the Service.

2. Description of Service

Thoroughbreds.AI is a horse racing breeding analytics platform that provides:

• Pedigree analysis and visualisation
• Hypothetical mating reports
• Bloodstock sales analysis
• Stable management tools
• Statistical and performance analytics
• DNA sample collection coordination

3. Account Registration

3.1 Eligibility

You must be at least 18 years old and legally capable of entering into binding contracts to use the Service.

3.2 Account Creation

To access certain features, you must create an account by providing accurate and complete information. You are responsible for:

• Maintaining the confidentiality of your login credentials
• All activities that occur under your account
• Notifying us immediately of any unauthorised use

3.3 Administered Accounts

If you register using an email address associated with your employer or organisation, that entity may request control of your account and associated data.

4. Subscriptions and Payment

4.1 Subscription Plans

We offer various subscription plans with different features and pricing. Current pricing is available on our website.

4.2 Billing

Subscription fees are billed in advance on a recurring basis (monthly or annually). You authorise us to charge your designated payment method.

4.3 Cancellation

You may cancel your subscription at any time through your account settings. Cancellation takes effect at the end of your current billing period. No refunds are provided for partial periods.

4.4 Price Changes

We may modify pricing with at least 30 days' notice. Continued use after price changes constitutes acceptance.

5. Acceptable Use

5.1 Permitted Use

You may use the Service only for lawful purposes and in accordance with these Terms.

5.2 Prohibited Conduct

You agree NOT to:

• Violate any applicable laws or regulations
• Infringe the intellectual property rights of others
• Upload malicious code, viruses, or harmful content
• Attempt to gain unauthorised access to the Service or related systems
• Interfere with or disrupt the Service or servers
• Impersonate any person or entity
• Use the Service to send spam or unsolicited communications
• Engage in any activity that could damage, disable, or impair the Service

6. Data Scraping and Automated Access Prohibition

6.1 Prohibition

You are strictly prohibited from:

• Using any automated means (including bots, scrapers, crawlers, spiders, or similar technologies) to access, collect, harvest, or extract data from the Service
• Systematically downloading, copying, or reproducing any content or data from the Service
• Using the Service to build or populate a database, dataset, or repository for commercial or non-commercial purposes
• Circumventing any technical measures we use to prevent automated access
• Accessing the Service at a rate that exceeds reasonable use or places undue burden on our infrastructure

6.2 Enforcement and Remedies

Violation of this section may result in:

• Immediate suspension or termination of your account without notice or refund
• Civil action seeking injunctive relief and monetary damages, including:
• • Actual damages suffered
  • Disgorgement of profits derived from the prohibited activity
  • Statutory damages where available under applicable law
  • Reasonable legal costs and attorney fees
• Criminal referral where applicable
• Technical blocking measures

6.3 Liquidated Damages

You acknowledge that data scraping causes harm that is difficult to quantify. You agree to pay liquidated damages of AUD $10,000 per day of violation, or the actual damages suffered by Thoroughbreds.AI, whichever is greater.

6.4 Monitoring

We actively monitor for automated access and scraping activity. Evidence of such activity may be used in legal proceedings.

7. Intellectual Property

7.1 Our Intellectual Property

The Service, including all content, features, functionality, software, designs, text, graphics, and trademarks, is owned by Thoroughbreds.AI or our licensors and is protected by Australian and international intellectual property laws.

7.2 Limited Licence

We grant you a limited, non-exclusive, non-transferable, revocable licence to access and use the Service for your personal or internal business purposes, subject to these Terms.

7.3 Your Content

You retain ownership of content you upload to the Service. By uploading content, you grant us a non-exclusive, royalty-free licence to use, store, and display your content as necessary to provide the Service.

7.4 Feedback

If you provide feedback or suggestions about the Service, you grant us the right to use that feedback without compensation or attribution.

8. Third-Party Data and Services

8.1 Third-Party Data

The Service may incorporate data from third-party sources. We do not guarantee the accuracy, completeness, or reliability of third-party data.

8.2 Third-Party Integrations

The Service may integrate with third-party services. Your use of third-party services is subject to their terms and privacy policies.

9. Disclaimer of Warranties

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

WE DO NOT WARRANT THAT:

• The Service will be uninterrupted, secure, or error-free
• The results obtained from the Service will be accurate or reliable
• Any defects will be corrected

THE SERVICE PROVIDES ANALYTICAL TOOLS AND INFORMATION FOR INFORMATIONAL PURPOSES ONLY. WE DO NOT PROVIDE FINANCIAL, INVESTMENT, OR GAMBLING ADVICE. YOU ARE SOLELY RESPONSIBLE FOR YOUR DECISIONS.

10. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW:

• In no event shall Thoroughbreds.AI be liable for any indirect, incidental, special, consequential, or punitive damages
• Our total liability shall not exceed the fees paid by you in the twelve (12) months preceding the claim, or AUD $100, whichever is greater

These limitations do not affect consumer rights that cannot be waived under applicable law, including the Australian Consumer Law.

11. Indemnification

You agree to indemnify, defend, and hold harmless Thoroughbreds.AI and its officers, directors, employees, and agents from any claims, damages, losses, or expenses (including reasonable legal fees) arising from:

• Your use of the Service
• Your violation of these Terms
• Your violation of any third-party rights
• Your content

12. Termination

12.1 Termination by You

You may terminate your account at any time through your account settings.

12.2 Termination by Us

We may suspend or terminate your access immediately, without notice, if you:

• Violate these Terms
• Engage in prohibited conduct
• Fail to pay applicable fees
• Pose a security risk to the Service

12.3 Effect of Termination

Upon termination:

• Your licence to use the Service ends immediately
• You must cease all use of the Service
• We may delete your account and associated data
• Sections that by their nature should survive will remain in effect

13. Governing Law and Disputes

13.1 Governing Law

These Terms are governed by the laws of Queensland, Australia, without regard to conflict of law principles.

13.2 Dispute Resolution

Before initiating legal proceedings, you agree to attempt to resolve disputes informally by contacting us at support@thoroughbreds.ai. If we cannot resolve the dispute within 30 days, either party may pursue formal resolution.

13.3 Jurisdiction

You agree to submit to the exclusive jurisdiction of the courts of Queensland, Australia, for any disputes arising from these Terms.

14. General Provisions

14.1 Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and Thoroughbreds.AI regarding the Service.

14.2 Severability

If any provision of these Terms is found unenforceable, the remaining provisions will continue in effect.

14.3 Waiver

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

14.4 Assignment

You may not assign these Terms without our prior written consent. We may assign these Terms freely.

14.5 Amendments

We may modify these Terms at any time. We will provide notice of material changes. Continued use after changes constitutes acceptance.

15. Contact Us

For questions about these Terms, contact us at:

Thoroughbreds AI Pty Ltd Email: support@thoroughbreds.ai