These Terms of Service (the "Terms") are a binding agreement between you and Discovery Coaching, LLC, a California limited liability company ("Discovery Coaching", "we", "us"), governing your use of Track Data Coach at data.thetrackcoach.com and everything we offer through it (the "Service").
Please read section 6 (What the Service Is Not), section 7 (Assumption of Risk), section 14 (Disclaimer of Warranties), section 15 (Limitation of Liability) and section 17 (Arbitration) carefully. They limit our liability, allocate the risks of motorsport to you, and affect how disputes are resolved. By creating an account or using the Service, you accept these Terms. If you do not accept them, do not use the Service.
The Service is operated by Discovery Coaching, LLC, 550 Keats Ct., Discovery Bay, CA 94505. You can reach us at dave@thetrackcoach.com. Notices to you may be sent to the email address on your account; notices to us must be sent to the email or postal address above.
You must be at least 18 years old and able to form a binding contract to hold an account. By creating an account you represent that you are.
Drivers aged 16 or 17. Data relating to a person under 18 may only be uploaded if that person is at least 16 years old and their parent or legal guardian has agreed, in advance, to the collection and use of their data as described in these Terms and our Privacy Policy. The Coach uploading the data is responsible for obtaining that agreement and for recording it in the Service. We do not knowingly collect data about anyone under 16. If you believe we hold data about a person under 16, contact us at dave@thetrackcoach.com and we will delete it.
Data relating to a person under 18 is never eligible for the Reference Library, with or without guardian agreement. The Service enforces this.
You are responsible for your account and for everything done through it. Keep your sign-in method secure, tell us promptly at dave@thetrackcoach.com if you believe it has been compromised, and do not share access with anyone else. We may refuse, suspend or reclaim any account at our discretion.
The Service reads data-logger exports, splits them into laps, derives channels from the recorded signals, and presents comparisons and Guidance intended to help a driver understand where time is being gained or lost and what technique changes might be worth exploring.
Guidance is informational and educational only. It is one input among many, and it is generated from an incomplete picture: the loggers we support record position, speed and acceleration, and typically capture no throttle, brake or steering input at all. Derived values are estimates. Sample rates are coarse relative to the events being described. Signals drift, drop out and contain errors.
The Service does not drive your car, and we are not responsible for how it is driven.
Nothing the Service produces is an instruction, a direction, a command, or a representation that any speed, braking point, line, input or manoeuvre is safe for you, your vehicle, the conditions, the track, or the traffic around you. Every decision about how to operate a vehicle is yours alone, made in real time, with your own eyes on the track.
The Service is not, and must not be relied on as:
Event rules always take priority. Where anything in the Service conflicts with the rules, instructions, flag signals or directions of the organisation running your event, the steward, the control line or an in-car instructor, follow the event — not the software.
Never use the Service while driving. Do not read, operate or consult the Service, or any device displaying it, while a vehicle is in motion. Review data when you are stopped and out of the vehicle.
Motorsport is dangerous. You accept that risk; we do not assume it.
Driving on a racetrack, at speed, on a closed course or anywhere else involves an inherent and unavoidable risk of property damage, serious bodily injury, permanent disability and death, to you and to others. That risk exists whether or not you use the Service, and the Service does not reduce it.
You knowingly and voluntarily assume all risks arising from operating or being present in or around a motor vehicle at any track, event, road or other location, including risks arising from your own conduct, the conduct of others, the condition of any vehicle, the condition of any surface or facility, and the adequacy of any safety equipment or procedure. You accept full and sole responsibility for your decisions and for the consequences of them.
To the fullest extent permitted by law, you release and discharge Discovery Coaching and its members, managers, officers, employees, contractors and agents from any and all claims, demands, losses, damages, costs and expenses of any kind arising out of or relating to your use of the Service or your reliance on any Guidance, including claims for property damage, personal injury, disability or death, and including claims founded on our ordinary negligence.
This release does not extend to, and nothing in these Terms attempts to limit, liability for gross negligence, recklessness, willful misconduct, fraud, or any other liability that cannot be limited or excluded under applicable law. Under California Civil Code section 1668, a contract cannot exempt anyone from responsibility for fraud, willful injury, or violation of law, whether willful or negligent — and we do not attempt to.
Waiver of California Civil Code section 1542. You waive section 1542, which reads: "A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party."
You are solely responsible for the vehicle you drive: its preparation, maintenance, mechanical condition, tyres, brakes, restraints, safety equipment, insurance, registration and fitness for the use you put it to. We never inspect a vehicle, and nothing in the Service should be read as saying that a vehicle is safe, prepared or capable of anything. Information you enter about a vehicle — weight, tyres, suspension notes — is used only to contextualise its own recorded data and is taken at face value.
You keep ownership of your Session Data and Driver Records. We claim no ownership of them.
To operate the Service, you grant us a limited, non-exclusive, worldwide, royalty-free licence to host, store, copy, transmit, process, analyse and display your Session Data and Driver Records for the sole purpose of providing the Service to you and of maintaining, securing and troubleshooting it. This licence exists only so that the software can function; it does not permit us to publish your data, sell it, or use it for anything else. It ends when you delete the data or your account, except for backups on their ordinary deletion cycle and anything we must retain by law.
We may generate and retain aggregate or de-identified statistics that do not identify you, any driver, or any vehicle, and use them to improve the Service.
If you upload data about someone else, you are responsible for having the right to do so. That is not a formality — it is the basis on which we accept the upload.
You represent and warrant that, for every Driver Record and Session Data file relating to a person other than you:
A driver may contact us directly at dave@thetrackcoach.com to ask what we hold about them, to correct it, or to have it deleted, and we will act on that request whether or not the Coach who uploaded it agrees.
The Service can publish a session to a shared Reference Library so other coaches and drivers can learn from it. Publishing is always deliberate, never automatic, and everything is private by default.
By publishing a session you grant us and other users of the Service a non-exclusive, worldwide, royalty-free licence to view, analyse and use it for coaching, comparison, instruction and learning within the Service. You may un-publish at any time; doing so stops further distribution but cannot recall copies already viewed or downloaded by others. A driver's name is not shown with a published session unless that has been separately agreed.
You will not:
The Service is currently offered free of charge and in beta. It is under active development, may be incomplete, may change without notice, may be unavailable, and may contain defects. Features may be added, changed or removed.
We may introduce paid plans in future. If we do, we will tell you before any charge applies to you, and you will be able to decline. Where fees are charged, they are stated at the point of purchase and any refund terms will be set out there.
The Service and all Guidance are provided "as is" and "as available", without warranty of any kind.
To the fullest extent permitted by law, Discovery Coaching disclaims all warranties, express, implied and statutory, including any implied warranties of merchantability, fitness for a particular purpose, title, non-infringement, accuracy and quiet enjoyment.
We do not warrant that any Guidance is accurate, complete, current, correct or suitable for any purpose, that the Service will be uninterrupted, secure or error-free, that defects will be corrected, or that any result will be achieved. Derived data may be wrong. Analysis may be wrong. Advice generated by automated reasoning may be confidently wrong.
Some jurisdictions do not allow the exclusion of certain warranties. Where that is the case, the exclusions above apply to the fullest extent permitted, and you may have rights that these Terms cannot limit.
To the fullest extent permitted by law, Discovery Coaching will not be liable for any indirect, incidental, special, consequential, exemplary or punitive damages, or for any loss of profits, revenue, data, goodwill, vehicles, equipment or opportunity, arising out of or relating to the Service or any Guidance — whether based in contract, tort (including negligence), strict liability, statute or any other theory, and whether or not we were advised of the possibility.
Our total aggregate liability for all claims relating to the Service will not exceed the greater of (a) the total amount you paid us in the twelve months before the event giving rise to the claim, or (b) one hundred U.S. dollars (US$100). While the Service is free, this means our aggregate liability is capped at US$100.
These limits apply even if a limited remedy fails of its essential purpose. They do not apply to liability that cannot be limited or excluded under applicable law, including liability for gross negligence, willful misconduct or fraud. Some jurisdictions do not allow certain limitations, so parts of this section may not apply to you.
You acknowledge that these limits are a fundamental basis of the bargain, that the Service is offered to you free of charge in reliance on them, and that we would not offer the Service without them.
You will defend, indemnify and hold harmless Discovery Coaching and its members, managers, officers, employees, contractors and agents from and against any claim, demand, action, loss, liability, damage, cost or expense (including reasonable legal fees) arising out of or relating to: (a) your use of the Service; (b) your operation of, or presence in or around, any vehicle; (c) data you uploaded, including any claim that you lacked the right to upload it or lacked a driver's or guardian's permission; (d) your breach of these Terms or of any law; or (e) any injury, damage or death you are alleged to have caused or contributed to. We will notify you of any such claim and may participate in its defence at our own expense; you will not settle any claim in a way that imposes an obligation on us without our written consent.
These Terms are governed by the laws of the State of California, without regard to its conflict-of-laws rules. The United Nations Convention on Contracts for the International Sale of Goods does not apply.
Before starting any formal proceeding, please email dave@thetrackcoach.com describing the problem and the resolution you want. Most things can be sorted out this way. Give us 30 days to respond.
If we cannot resolve it, any dispute arising out of or relating to these Terms or the Service will be resolved by binding individual arbitration administered by JAMS under its Streamlined Arbitration Rules, before a single arbitrator, seated in Contra Costa County, California or conducted remotely at your election. Judgment on the award may be entered in any court of competent jurisdiction.
Class action waiver. Disputes will be brought only in an individual capacity. Neither of us may bring a claim as a plaintiff or class member in any class, collective, consolidated or representative proceeding, and the arbitrator may not consolidate claims or preside over any representative action. If this waiver is found unenforceable as to a particular claim, that claim alone will proceed in court and the remainder will stay in arbitration.
Exceptions. Either of us may bring a claim in small-claims court, and either of us may seek injunctive relief in court to protect intellectual property or to stop unauthorised access to the Service. Nothing here waives any non-waivable right, including any right to bring a claim before a government agency.
30-day opt-out. You may opt out of this arbitration section by emailing dave@thetrackcoach.com with the subject line "Arbitration Opt-Out" within 30 days of first accepting these Terms. Opting out affects nothing else in these Terms.
Where a dispute is not subject to arbitration, the state and federal courts located in Contra Costa County, California have exclusive jurisdiction, and both of us consent to their personal jurisdiction and venue.
You may stop using the Service and delete your account at any time. We may suspend or terminate your access, with or without notice, if we believe you have breached these Terms, if your use creates risk or legal exposure, or if we discontinue the Service. On termination, sections 6, 7, 9 (as to the licence for data you published), 10, 12, 14, 15, 16, 17 and 20 survive.
If we discontinue the Service, we will make reasonable efforts to give you notice and an opportunity to export your data first.
We may update these Terms. If a change is material, we will give notice by email or in the Service before it takes effect, and the "Last updated" date above will change. Continuing to use the Service after a change takes effect means you accept the updated Terms. If you do not accept them, stop using the Service and delete your account.
Discovery Coaching, LLC
550 Keats Ct., Discovery Bay, CA 94505
dave@thetrackcoach.com