Effective Date: 01/10/2024 Welcome to RaceDayta! By downloading, accessing, or using the RaceDayta app (the “Licensed Application” or “App”), you agree to be bound by this End-User License Agreement (“EULA”) and the Terms of Service (“Terms”). If you do not agree to these Terms, you may not use the App. This EULA is concluded between you and Oofacorn Ltd. (“Developer”, “We”, “Us”, or “Our”), not with Apple. Oofacorn Ltd. is solely responsible for the Licensed Application and its content, not Apple. Your use of the Licensed Application is subject to Apple's Media Services Terms and Conditions, which you acknowledge having had the opportunity to review.
1. Scope of License
The license granted to you for the Licensed Application is a non-transferable license to use the App on any Apple-branded products that you own or control, and as permitted by the Usage Rules set forth in Apple’s Media Services Terms and Conditions. This license allows the App to be accessed and used by other accounts associated with you via Family Sharing or volume purchasing.
2. Overview of Service
RaceDayta provides users with access to horse racing data, including racecards, historical race information, and ratings. The App offers a free version and two subscription-based services: Lite and Pro, with distinct features outlined below:
3. Subscriptions
RaceDayta offers two subscription tiers via in-app purchase:
4. Content Ownership and Usage
All data, ratings, and opinions provided within the App are generated by RaceDayta using data supplied by TheRacingAPI.com and processed by RaceDayta's internal algorithms and AI. You are prohibited from scraping, reproducing, or distributing any content provided by the App without express written consent from RaceDayta.
5. Prohibited Activities
You agree not to engage in any of the following prohibited activities while using the App:
6. Data and Third-Party Services
RaceDayta relies on data provided by TheRacingAPI.com and stores user and racing data using Supabase. By using the App, you acknowledge and accept that these third-party services are integral to the functioning of RaceRata, and you agree to comply with their respective terms and conditions where applicable.
7. No Refunds
RaceDayta does not offer refunds for any subscription payments, including Lite and Pro levels. Once a purchase is made, it is final. We may offer promotional trial periods or free trials, subject to specific terms and conditions announced at the time.
8. Maintenance and Support
Oofacorn Ltd. is solely responsible for providing any maintenance and support services for the Licensed Application. Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App.
9. Warranty
Oofacorn Ltd. is solely responsible for any product warranties, whether express or implied by law, to the extent not effectively disclaimed. In the event of any failure of the App to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the App to you. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App, and any other claims, losses, liabilities, damages, costs, or expenses attributable to any failure to conform to any warranty will be Oofacorn Ltd.'s sole responsibility.
10. Product Claims
You and Oofacorn Ltd. acknowledge that Oofacorn Ltd., not Apple, is responsible for addressing any claims of the End-User or any third party relating to the App or the End-User’s possession and/or use of the App, including, but not limited to: (i) product liability claims; (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation, including in connection with the App’s use of HealthKit or HomeKit frameworks.
11. Intellectual Property Rights
You and Oofacorn Ltd. acknowledge that, in the event of any third-party claim that the Licensed Application or your possession and use of the Licensed Application infringes a third party’s intellectual property rights, Oofacorn Ltd., not Apple, will be solely responsible for the investigation, defense, settlement, and discharge of any such intellectual property infringement claim.
12. Legal Compliance
By using the App, you represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
13. Developer Name and Contact Information
Oofacorn Ltd.
Address: 51 Station Road, Forest Hall, NE12 8AG
Contact: dev@oofacorn.com
14. Third-Party Terms of Agreement
You must comply with applicable third-party terms of agreement when using RaceDayta, including, but not limited to, your wireless data service agreement when using the App.
15. Third-Party Beneficiary
You and Oofacorn Ltd. acknowledge and agree that Apple, and Apple’s subsidiaries, are third-party beneficiaries of this EULA, and that, upon your acceptance of the terms and conditions of the EULA, Apple will have the right (and will be deemed to have accepted the right) to enforce this EULA against you as a third-party beneficiary.
16. Termination
We may terminate or suspend your access to the App without notice if you violate these Terms or engage in unlawful activities while using the App.
17. Limitation of Liability
RaceDayta provides horse racing data and opinions based on past races and AI-generated analysis. We do not guarantee the accuracy, reliability, or performance of any horse or racing outcome based on the data provided. Users should make their own informed decisions when considering horse race betting or wagering.
18. Changes to the Service
RaceDayta reserves the right to modify, suspend, or discontinue any part of the App or its services at any time without prior notice. We may update or modify these Terms from time to time. Continued use of the App after changes are made will constitute your acceptance of the updated Terms.