Legal
Terms of Service
These Terms of Service ("Terms") form a binding agreement between you and Tracktsport, operated by Adriano Montague-Brown of Auckland, New Zealand ("Tracktsport", "we", "us", "our"). By creating an account, accessing, or using the Tracktsport platform, you agree to these Terms. If you do not agree, do not use the platform.
These Terms apply alongside our Privacy Policy, which forms part of these Terms.
1. Definitions
"Platform": the Tracktsport web and mobile application and any related services we provide.
"Club": a sports club, team, or organisation that subscribes to the Platform.
"Coach": an individual authorised by a Club to use the Platform on the Club's behalf, including head coaches, assistant coaches, and team managers.
"Player": an individual whose data is recorded on the Platform as a member of a Club's squad.
"User": anyone who accesses or uses the Platform, including Clubs, Coaches, Players, parents and guardians, and Club administrators.
"Club Data": content uploaded to or generated on the Platform by or on behalf of a Club, including health and wellness data, video, performance data, and notes.
"Subscription": a paid plan that grants a Club the right to use the Platform for a defined period.
2. What Tracktsport does
Tracktsport is an AI-powered sports performance platform for amateur and semi-professional sports clubs. The Platform allows Coaches and Clubs to:
Track player wellbeing and readiness (sleep, energy, soreness, mental readiness and similar markers). Record performance and training data. Upload and analyse match and training video. Generate AI-assisted coaching feedback, meal plans, and performance reports.
We may add, change, or remove features from time to time. We will not make material changes that significantly reduce the value of an active paid Subscription without offering a reasonable remedy (such as a pro-rata refund of the unused portion).
3. Eligibility and accounts
You must be at least 18 years old to create a Club, Coach, or paying account.
Players who are 16 or older may, with their Club's permission, hold their own account.
Players under 16 should generally be represented by a parent or guardian account, or be entered into the Platform by a Coach with the parent or guardian's consent.
You are responsible for keeping your account credentials secure and for everything that happens under your account. Notify us immediately at adriano@tracktsport.com if you suspect unauthorised use.
4. Coach and Club responsibilities
Coaches and Clubs are responsible for the data they collect about their Players. By using the Platform you confirm that, in relation to your squad:
You have a lawful basis under the New Zealand Privacy Act 2020 to collect and upload Player information, including health and wellness data.
You have told Players (and, for Players under 18, their parents or guardians) what information you collect, how Tracktsport processes it, and that AI providers may be used to generate feedback.
For Players under 18, you have obtained appropriate parental or guardian consent before entering health data, uploading identifying video, or generating AI outputs about that Player.
You only collect information that is reasonably necessary for the Club's sporting and wellbeing purposes.
You keep access to the Platform limited to people who genuinely need it.
You promptly action requests from Players or their parents/guardians to access, correct, or delete their information.
Tracktsport provides the tools : Clubs and Coaches decide what to collect and how to use it. The Club is the agency responsible for its Players' information under the Privacy Act, with Tracktsport acting as the Club's service provider.
5. Not medical or professional advice
Tracktsport is a sports performance and wellbeing tool. It is not a medical device and we are not medical, nutrition, mental health, or other professional advisors.
AI-generated coaching feedback, meal plans, and reports are generated automatically and may be inaccurate, incomplete, or unsuitable for a particular Player.
Nothing on the Platform should be relied on as medical, nutritional, psychological, or other professional advice.
Do not use Tracktsport to diagnose, treat, cure, or prevent any medical condition.
If a Player shows signs of injury, illness, or mental distress, seek qualified medical or professional help. Do not rely on the Platform.
Coaches remain responsible for the decisions they make using the Platform's outputs. Coaches and Clubs should exercise independent professional judgement.
6. AI features and limitations
The Platform uses third-party artificial intelligence providers to power some features (for example, coaching feedback, meal plans, and video analysis). You acknowledge that:
AI outputs are produced automatically based on the inputs provided and may contain errors, biases, or fabricated content.
You should review AI outputs before acting on them or sharing them with Players or parents/guardians.
We may change the AI providers we use, the models we use, and the way features work, to improve the service.
We do not guarantee that AI outputs will be accurate, suitable for a particular purpose, or available without interruption.
7. Subscriptions, billing, and refunds
7.1 Subscription plans
Seasonal Subscriptions: cover a defined sporting season as described at checkout. Annual Subscriptions: cover a 12-month period from the start of the Subscription. No monthly plans: we do not currently offer monthly Subscriptions. All Subscriptions are seasonal or annual.
7.2 Fees and payment
Subscription fees are set out at checkout and are payable in full at the start of the Subscription. All fees are quoted in New Zealand Dollars (NZD) unless stated otherwise and are inclusive of GST where applicable. You authorise us, or our payment provider, to charge the payment method you provide for the Subscription fee. If a payment fails, we may suspend access to the Platform until the issue is resolved.
7.3 Renewal
Seasonal and annual Subscriptions do not automatically renew unless we state otherwise at checkout. Where auto-renewal applies, we will email a reminder before renewal and you can cancel at any time before the renewal date. If you choose not to renew, your Subscription will end at the end of the current period. See section 13 for what happens to your data after a Subscription ends.
7.4 7-day refund policy
You may request a full refund within 7 days of the start date of any new Subscription, for any reason. After the 7-day window, Subscription fees are non-refundable except where required by law or where we agree otherwise in writing. To request a refund, email adriano@tracktsport.com from the email address associated with the account. Refunds are processed back to the original payment method within 10 working days of approval.
7.5 Consumer Guarantees Act
Nothing in these Terms is intended to limit your rights under the New Zealand Consumer Guarantees Act 1993 (CGA) or the Fair Trading Act 1986, where those Acts apply to you. If you acquire the Platform for the purposes of a business, you agree that the CGA does not apply to that supply, to the extent permitted by law.
8. Acceptable use
You agree not to, and not to allow others to:
Use the Platform for any unlawful purpose or in breach of applicable privacy or child-protection laws. Upload content you do not have the right to upload, or content that infringes anyone's rights. Upload information about a Player without the consent required under the Privacy Act 2020 and, where applicable, parental or guardian consent. Upload material that is harmful, abusive, defamatory, harassing, sexually explicit, or otherwise inappropriate, particularly given the involvement of minors. Attempt to access another Club's data, reverse engineer the Platform, probe it for vulnerabilities, or disrupt our infrastructure. Use the Platform or any AI output to make medical, employment, or selection decisions in a way that breaches anti-discrimination or human rights law. Resell, sublicence, or commercialise access to the Platform without our written agreement.
We may suspend or terminate access if we reasonably believe these rules have been breached.
9. Intellectual property
9.1 Platform IP
The Platform, the Tracktsport name and logo, and all software, designs, documentation, and AI prompts and configurations we create remain the property of Tracktsport (or its licensors). We grant you a limited, non-exclusive, non-transferable, revocable licence to use the Platform during your Subscription, for the purposes described in these Terms.
9.2 Club Data
As between Tracktsport and the Club:
Club Data is owned by the Club (or, where applicable, by the individual Player to whom it relates), not by Tracktsport.
The Club grants Tracktsport a worldwide, royalty-free licence to host, process, and transmit Club Data only as needed to provide the Platform, generate AI outputs requested by the Club, secure the service, and comply with the law.
Tracktsport will not use Club Data to advertise to anyone, to sell to third parties, or to train third-party AI models on the Club's identifiable data.
9.3 De-identified data
We may use de-identified, aggregated information derived from use of the Platform to improve our service, develop new features, and produce general statistics. De-identified information does not identify any Club or Player and cannot reasonably be re-identified.
9.4 Feedback
If you send us suggestions or feedback about the Platform, you give us a perpetual, royalty-free licence to use that feedback to improve the Platform, without obligation to you.
10. Privacy and data protection
Our handling of personal information is described in our Privacy Policy, which forms part of these Terms. By using the Platform, you agree to that Privacy Policy.
Both you and Tracktsport will comply with the New Zealand Privacy Act 2020 and any other applicable privacy laws in your use of the Platform.
11. Third-party services
The Platform integrates with third-party services, including hosting, AI, payment, and communication providers. We choose providers carefully but we are not responsible for the acts, omissions, or terms of those providers beyond what we control. Where a feature depends on a third-party service, an outage or change to that service may affect Platform functionality.
12. Service availability
We aim to keep the Platform available and reliable, but we do not guarantee that it will be uninterrupted or error-free. We may carry out maintenance, updates, and changes from time to time. Where reasonably possible, we will give advance notice of planned downtime.
13. Suspension, termination and what happens to your data
13.1 Termination by you
You can stop using the Platform at any time. If you have a paid Subscription, ending early does not entitle you to a refund except under the 7-day policy in section 7.4 or where required by law.
13.2 Termination by us
We may suspend or terminate your access immediately, with or without notice, if:
You materially breach these Terms (including the acceptable use rules in section 8). We are required to do so by law, a regulator, or a court. Your continued use would create a serious risk to other Users, to Players (particularly minors), or to Tracktsport. Your Subscription fees are unpaid after we have given you a reasonable opportunity to pay.
Where the breach is capable of being fixed, we will normally give you notice and a reasonable opportunity to fix it before terminating.
13.3 What happens after termination
Access to the Platform ends. Subject to legal requirements and our backup cycles, Club Data will be retained for up to 12 months in case of re-activation, and then deleted or anonymised, as described in our Privacy Policy. You can request an export of Club Data at any time during the Subscription and within 60 days after termination, by emailing adriano@tracktsport.com. Sections of these Terms that, by their nature, should continue after termination : including sections 9 (Intellectual property), 10 (Privacy), 14 (Disclaimers), 15 (Limitation of liability), 16 (Indemnity), and 19 (Governing law) : will continue to apply.
14. Disclaimers
Except as required by law, the Platform is provided on an "as is" and "as available" basis. To the maximum extent permitted by law, Tracktsport disclaims all warranties, conditions, and representations of any kind, whether express, implied, statutory, or otherwise, including any warranties of merchantability, fitness for a particular purpose, accuracy, non-infringement, and uninterrupted availability.
We do not warrant that AI outputs will be accurate or suitable, that the Platform will meet your requirements, or that defects will be corrected.
Nothing in this section excludes any liability that cannot lawfully be excluded, including under the Consumer Guarantees Act 1993 where it applies.
15. Limitation of liability
To the maximum extent permitted by law:
Neither party is liable to the other for indirect, consequential, special, incidental, or punitive losses, including loss of profits, loss of opportunity, loss of goodwill, or loss of data, even if the loss was foreseeable.
Tracktsport's total aggregate liability under or in connection with these Terms is capped at the amount you paid Tracktsport for the Subscription in the 12 months immediately before the event giving rise to the liability.
Nothing in these Terms limits liability that cannot lawfully be limited, including for fraud, wilful misconduct, death or personal injury caused by negligence, or breach of the Consumer Guarantees Act 1993 where it applies.
16. Indemnity
You agree to indemnify and hold Tracktsport harmless from claims, losses, and reasonable costs (including legal costs) arising out of:
Your breach of these Terms. Your collection, upload, or use of Player or other personal information in breach of the Privacy Act 2020 or other applicable law. Your decisions, or your Coaches' decisions, based on AI outputs from the Platform. Any claim by a Player, parent, guardian, or third party that you collected, used, or disclosed their information without proper authority.
17. Changes to the Platform and these Terms
We may update the Platform, our features, and these Terms from time to time.
For material changes to these Terms, we will give Clubs at least 30 days' notice by email or in the Platform before they take effect.
If you do not accept the updated Terms, you can end your Subscription before the changes take effect; for paid Subscriptions, we will refund the unused portion on a pro-rata basis.
Continued use after the changes take effect means you accept the updated Terms.
18. General
Entire agreement: these Terms, together with the Privacy Policy and any order form or checkout terms, are the entire agreement between you and Tracktsport about the Platform.
No assignment: you may not assign or transfer your rights under these Terms without our written consent. Tracktsport may assign these Terms to a successor in connection with a sale, merger, or reorganisation.
No waiver: a delay or failure to enforce a right is not a waiver of that right.
Severability: if any provision of these Terms is held to be unenforceable, the rest of the Terms remain in force.
Notices: we will send notices to the email address linked to your account. You may give us notice by emailing adriano@tracktsport.com.
Independent contractors: nothing in these Terms creates a partnership, employment, or agency relationship between you and Tracktsport.
Force majeure: neither party is liable for failure or delay caused by events beyond its reasonable control, including natural disasters, network outages, or actions of government.
19. Governing law and disputes
These Terms are governed by the laws of New Zealand. You and Tracktsport submit to the exclusive jurisdiction of the New Zealand courts in relation to any dispute arising from or in connection with these Terms or your use of the Platform.
Before starting any formal proceeding, both parties agree to attempt to resolve the dispute in good faith by email or, if needed, by mediation in Auckland.
20. Contact
Questions about these Terms? Email adriano@tracktsport.com.