Terms of Service

MS Consolidated Pty Ltd (ACN 688 688 011) as trustee for the MS Trust (ABN 20 330 986 807), trading as TrakOps ("TrakOps", "we", "us", "our")

Last updated: 4 July 2026

These Terms of Service ("Terms") govern your access to and use of the TrakOps software-as-a-service platform, website, and related services (the "Service"). By creating an account, subscribing, or using the Service, you agree to these Terms. If you are entering into these Terms on behalf of a company or race team, you confirm you have authority to bind that entity.

1. Definitions

• "Customer Data" means all data, files, designs, models, telemetry, setup data, and other content you upload to or generate within the Service, including confidential motorsport intellectual property.
• "Subscription" means your paid plan granting access to the Service.
• "Initial Term" means the 12-month minimum commitment period beginning on your subscription start date.
• "Consumer" means an individual acquiring the Service for personal use, or as otherwise defined under applicable consumer protection law.

2. The Service and Licence

2.1 Subject to these Terms and payment of applicable fees, we grant you a limited, non-exclusive, non-transferable, revocable licence to access and use the Service during your Subscription for your internal purposes (or, for individual users, your personal use).

2.2 We retain all rights, title, and interest in the Service, including all software, algorithms, documentation, and our trademarks. No rights are granted except as expressly stated.

3. Your Data and Intellectual Property

3.1 You own your data. As between you and us, you retain all ownership and intellectual property rights in your Customer Data. Nothing in these Terms transfers ownership of your designs, engineering data, or other IP to us.

3.2 Limited licence to us. You grant us a limited, non-exclusive licence to host, store, process, transmit, back up, and display Customer Data solely as necessary to provide the Service to you, to comply with law, and to maintain security. We will not access Customer Data except for these purposes or with your permission (e.g., support requests).

3.3 No use for other purposes. We will not sell Customer Data, share it with other customers, or use it to develop competing products. We may use aggregated, de-identified usage statistics (never your underlying designs or data) to improve the Service. AI-powered features of the Service are provided using the Anthropic API under Anthropic's commercial terms. Customer Data processed through these features is used solely to deliver the feature to you, and under those commercial terms is not used by Anthropic to train its models.

3.4 Your warranties. You warrant that you have the rights necessary to upload Customer Data and that doing so does not infringe any third party's rights or breach any confidentiality obligation you owe (e.g., to a team, manufacturer, or sanctioning body).

3.5 Confidentiality. We will treat Customer Data as your confidential information and protect it using measures no less protective than those described in our Security & Confidentiality Statement, and in any event no less than reasonable industry-standard care.

4. Accounts

4.1 You must provide accurate information, keep credentials secure, and notify us promptly of any unauthorised access. You are responsible for activity under your account and for users you authorise.

4.2 You must be at least 18 years old (or the age of majority in your jurisdiction) to create an account.

5. Subscriptions, Term, and Renewal

5.1 Plans. We offer tiered plans billed monthly or annually, as described at https://www.trakops.com.au/pricing. Features per tier are described on that page and may be updated; material reductions to your tier during a paid term will not apply to you until renewal.

5.2 Initial Term (12-month commitment). All Subscriptions have a 12-month Initial Term, which is disclosed at checkout before you subscribe. Monthly billing spreads the annual commitment over 12 payments; it does not create a month-to-month contract during the Initial Term.

5.3 Renewal. Unless cancelled, your Subscription renews at the end of the Initial Term and each anniversary for a further 12-month period. We will send a renewal reminder to your account email at least 30 days before each renewal, and you may cancel at any time before the renewal date with effect from the end of the then-current term. Where the law of your place of residence restricts fixed-term renewals for Consumers (for example, in Germany), your Subscription will instead continue on a month-to-month basis after the Initial Term, cancellable with one month's notice.

5.4 Cancellation mechanism. You can cancel online through your account settings at any time, or by emailing contact@trakops.com.au — no phone call required. Cancellation takes effect as described in clause 5.3 and clause 7.

5.5 Price changes. Prices are fixed for the Initial Term and each renewal term. We may change prices with effect from your next renewal by giving at least 30 days' written notice; if you do not accept the change, you may cancel before the renewal takes effect.

6. Payment

6.1 Fees are payable in advance via our payment processor, Stripe. We do not store full card numbers on our systems.

6.2 We are registered for GST. Prices displayed to Australian customers include GST. For customers outside Australia, prices are exclusive of any applicable VAT or sales taxes, which will be added where required by law.

6.3 If a payment fails, we will notify you and retry. We may suspend access if payment remains outstanding 14 days after notice, without prejudice to amounts owed for the remainder of the Initial Term.

7. Cooling-off, Refunds, and Early Termination

7.1 EU/UK consumers – 14-day withdrawal right. If you are a Consumer in the EU or UK, you may withdraw within 14 days of subscribing for a full refund. If you ask us to begin providing the Service during this period, you acknowledge that you may lose the withdrawal right once the service is fully performed, or owe a proportionate amount for the period supplied, as permitted by law.

7.2 Australian consumers. Our Service comes with guarantees that cannot be excluded under the Australian Consumer Law. If the Service fails to meet a consumer guarantee, you are entitled to remedies including, for major failures, cancellation and a refund of the unused portion, or compensation for the reduced value. Nothing in these Terms limits those rights.

7.3 Early termination during the Initial Term (other than for our breach or statutory rights). If you cancel during the Initial Term or a renewal term for convenience, you remain liable for an early termination amount equal to 40% of the fees for the remainder of that term, which the parties agree is a genuine pre-estimate of our loss and not a penalty.

7.4 Termination for our breach. You may terminate immediately, with a pro-rata refund of prepaid unused fees, if we materially breach these Terms and fail to remedy within 30 days of notice, or if we materially degrade core Service functionality.

8. Data Export and Deletion on Termination

8.1 Export. During your Subscription you may export Customer Data using the export tools available in the Service. In addition, during your Subscription and for 30 days after termination or expiry, you may request a full export of your Customer Data by emailing contact@trakops.com.au, and we will provide it in a commonly used electronic format within 14 days of your request.

8.2 Deletion. Following the 30-day export window, we will delete your Customer Data from production systems within 60 days, and it will expire from routine backups within 90 days thereafter, except where retention is required by law. You may also request earlier deletion at any time after termination.

9. Acceptable Use

Your use of the Service is subject to our Acceptable Use Policy, which forms part of these Terms.

10. Service Availability and Support

10.1 We will provide the Service with reasonable skill and care. We do not guarantee that the Service will be uninterrupted or error-free, and availability may be affected by maintenance, updates, or events beyond our reasonable control. We will give advance notice of scheduled maintenance where practicable.

10.2 Support is available by email at contact@trakops.com.au. We respond as soon as reasonably practicable.

11. Warranties and Disclaimers

11.1 Except as expressly stated in these Terms and to the extent permitted by law, the Service is provided "as is" and we disclaim implied warranties of merchantability, fitness for a particular purpose, and non-infringement.

11.2 Engineering disclaimer. The Service provides software tools only. You are solely responsible for validating any design, simulation, or output before use, and for compliance with applicable motorsport regulations, homologation requirements, and safety standards. We are not responsible for on-track performance, scrutineering outcomes, or safety of any vehicle.

11.3 Nothing in these Terms excludes rights you have under the Australian Consumer Law or other applicable consumer protection laws that cannot be excluded.

12. Limitation of Liability

12.1 To the extent permitted by law, neither party is liable for indirect or consequential loss, loss of profits, loss of race results or sponsorship, or loss of data (except as caused by our breach of clause 3 or the Security & Confidentiality Statement).

12.2 To the extent permitted by law, our total aggregate liability arising out of or in connection with the Service is limited to the total fees you paid to us in the 12 months preceding the event giving rise to the claim.

12.3 The above limits do not apply to liability that cannot be limited by law, including liability for fraud, or (where applicable) our liability under non-excludable consumer guarantees. Where liability under such guarantees may lawfully be limited, it is limited to re-supplying the Service or paying the cost of re-supply.

12.4 Higher cap for data breach. Our liability for breach of our confidentiality or data protection obligations relating to Customer Data is capped at two times the amount in clause 12.2.

13. Indemnities

13.1 You indemnify us against third-party claims arising from Customer Data infringing third-party rights or your breach of clause 3.4 or the Acceptable Use Policy.

13.2 We will defend you against third-party claims that the Service (excluding Customer Data) infringes intellectual property rights, and pay resulting damages finally awarded, provided you notify us promptly and allow us to control the defence.

14. Suspension and Termination by Us

We may suspend or terminate your access for material breach of these Terms (including the Acceptable Use Policy) that is not remedied within 14 days of notice, or immediately where necessary to prevent harm, security risk, or legal exposure. We will not exercise this right arbitrarily.

15. Changes to These Terms

We may update these Terms with at least 30 days' notice for material changes. If a material change adversely affects you during a paid term, you may cancel with a pro-rata refund of prepaid unused fees.

16. General

16.1 Governing law. These Terms are governed by the laws of New South Wales, Australia, and the parties submit to the non-exclusive jurisdiction of its courts — except that if you are a Consumer, you retain the benefit of mandatory consumer protection laws of your country of residence, and nothing prevents you bringing proceedings there.

16.2 Neither party is liable for delay caused by events beyond its reasonable control. Notices may be given by email to your account address or to contact@trakops.com.au. If a provision is unenforceable it is severed; the rest remains. You may not assign these Terms without consent; we may assign to a related entity or in a sale of business with notice.

Contact: TrakOps, 418 Reservoir Road, Lavington NSW 2641, Australia — contact@trakops.com.au