RACECAPTURE.
TERMS & CONDITIONS

RaceCapture is a technology platform that connects athletes, event organizers, and community photographers. We are not the photographer. We are not the event organizer. We are not the publisher of the content uploaded to the platform.

By creating an account, uploading content, or purchasing media through RaceCapture, you confirm that you have read, understood, and agreed to these Terms & Conditions and to our Privacy Policy. You are prompted to confirm this agreement at signup, and your continued use of the platform constitutes ongoing acceptance.

You agree that you are using RaceCapture at your own risk and that you are responsible for complying with the laws of your own jurisdiction. To the maximum extent permitted by law, RaceCapture assumes no liability for your use of the platform.

Last updated: April 2026 · Governing law: Federal Canada & Province of Ontario

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Platform Host Only No Warranties User Assumes Risk Ontario Governing Law Limited Liability Indemnification Required User Responsible for Consent

Acceptance Nature of the Platform User Responsibilities Assumption of Risk Limitation of Liability Indemnification Intellectual Property Termination & Changes Governing Law Contact

At a glance — what you're agreeing to

You accept these terms by using the platform. Creating an account, uploading content, or making a purchase confirms acceptance.
RaceCapture is a passive host. We do not author, edit, or endorse user-uploaded content. We host technology infrastructure.
You are responsible for your own conduct. You confirm that you are operating in accordance with the laws and consent requirements of your city, province/state, and country.
You use the platform at your own risk. The platform is provided "as is" and "as available" with no warranties.
Our liability is strictly limited. To the maximum extent permitted by law, RaceCapture is not liable for content, conduct, losses, or damages arising from your use of the platform.
You agree to indemnify RaceCapture. If your conduct, your content, or your use of the platform causes a claim against us, you cover it.

By signing up you confirm

You are at least the age of majority in your jurisdiction (or have guardian consent).
You have read and understood these terms and the Privacy Policy.
You will use the platform lawfully and at your own risk.
You hold the rights and consents needed for any content you upload.

We do not promise

That the platform will be uninterrupted or error-free.
That any specific photo, gallery, or feature will remain available.
That third-party services (Stripe, AWS, hosting providers) will operate without disruption.
That use of the platform will produce any specific result, sale, or outcome.

ACCEPTANCE OF TERMS

How you enter into this agreement and what it means.

Binding Agreement

You Are Bound By These Terms

These Terms & Conditions form a binding contract between you and RaceCapture Inc. You agree to them in any of the following ways:

By creating an account on RaceCapture and confirming the acceptance prompt presented at signup.
By uploading content to the platform as a Community Portal photographer.
By purchasing photos, galleries, or any other media offered through the platform.
By using the platform in any capacity — including browsing galleries or using the selfie search feature.

Eligibility

Who Can Use RaceCapture

To use the platform, you must:

Be at least the age of majority in your jurisdiction, or have valid parental or guardian consent.
Have the legal capacity to enter into a binding contract.
Not be barred from using the platform under any applicable law, regulation, or prior RaceCapture decision.
Use the platform only for lawful purposes and in accordance with these terms.

NATURE OF THE PLATFORM

What RaceCapture is — and what it isn't. This section is foundational to every other clause that follows.

Platform Host

We Provide Infrastructure

RaceCapture provides software, storage, search, and payment infrastructure to enable race-day photography to be hosted, found, and purchased online.

We host content uploaded by Community Portal photographers.
We provide search tools (bib search, selfie search) to help athletes find their images.
We facilitate payment processing through Stripe.
We do not produce, commission, edit, or curate the photographic content available on the platform.

Not a Publisher

We Are Not the Author

RaceCapture is not a publisher, editor, agent, employer, or co-creator of any content uploaded by photographers or any communications between users.

Photographers act independently and retain ownership of their work.
Event organizers act independently and are responsible for athlete registration consent.
RaceCapture does not pre-screen, endorse, or guarantee the accuracy of any content on the platform.
Any opinion, statement, or representation made by a user is that user's responsibility alone.

No Endorsement

No Recommendation Implied

The presence of a photographer, event, organizer, or third-party reference on RaceCapture does not constitute endorsement, recommendation, or affiliation by RaceCapture Inc.

RaceCapture does not vet the business practices of photographers or organizers beyond platform onboarding.
Disputes between athletes, photographers, and organizers are matters between those parties.
RaceCapture may, but is not obligated to, assist in dispute resolution.

USER RESPONSIBILITIES

By using RaceCapture, you take on specific responsibilities. These differ depending on how you use the platform.

All Users

Lawful Use

You agree that, in using the platform, you will:

Comply with all applicable laws and regulations of your city, province/state, and country.
Not use the platform to harass, defame, or threaten any person.
Not attempt to access, scrape, reverse engineer, or otherwise misuse the platform or its data.
Not use the platform to upload, distribute, or attempt to acquire content depicting minors in any inappropriate manner, illegal content, or content for which you do not hold the necessary rights.
Not interfere with the operation of the platform or any other user's use of it.

Community Photographers

Content & Consent

If you upload content to the platform as a Community Portal photographer, you represent and warrant that:

You own or hold a valid licence to all content you upload.
You have confirmed that the event organizer has obtained the appropriate consent from athletes for race-day photography and facial recognition processing at registration.
You hold all necessary releases, permissions, and consents under the laws of the jurisdiction in which the event takes place.
Your uploads do not infringe any copyright, trademark, privacy, publicity, or other right of any third party.
You will not upload explicit, defamatory, harassing, or otherwise unlawful content.
You are the data controller for the content you upload; RaceCapture acts as a data processor.

Athletes & Buyers

Purchases & Search

If you use RaceCapture as an athlete or buyer, you agree that:

When using selfie search, you are the person in the selfie or you have explicit consent to search on that person's behalf.
You will use purchased media in accordance with the licence granted at purchase — personal, non-commercial use unless otherwise stated.
You will not redistribute, resell, or sublicense purchased media without written permission.
Payment is processed by Stripe; you agree to Stripe's terms of service for the transaction.

Jurisdiction & Consent — You Are Responsible. RaceCapture operates as a global-facing technology platform, but it cannot verify compliance with every local law in every jurisdiction. By using the platform, you confirm that you are operating in accordance with the consent, photography, privacy, and commerce laws of your own city, province/state, and country. RaceCapture is not responsible for verifying or enforcing your local legal compliance.

ASSUMPTION OF RISK

You use the platform voluntarily and at your own risk. This section sets out what that means.

As Is, As Available

No Warranties

The RaceCapture platform, all features, content, and services are provided "AS IS" and "AS AVAILABLE", without warranty of any kind, whether express, implied, statutory, or otherwise.

RaceCapture disclaims all implied warranties of merchantability, fitness for a particular purpose, title, non-infringement, accuracy, completeness, and uninterrupted operation.
We do not warrant that the platform will be uninterrupted, secure, error-free, or free from viruses or harmful components.
We do not warrant the accuracy, reliability, completeness, or suitability of any content uploaded by users.
We do not warrant that any specific photo, search result, or feature will be available at any given time.

User Acknowledgement

You Accept The Risk

By using the platform, you expressly agree that you assume all risk arising from:

The availability or unavailability of any content, gallery, or feature.
The accuracy or completeness of search results, including bib search and facial search.
The conduct of other users — including photographers, organizers, and other athletes — encountered through the platform.
Any disputes regarding image rights, image use, consent, or commerce arising between users.
Any interruption, downtime, data loss, or service failure of the platform or its third-party providers.
Any decision you make based on platform content or features.

LIMITATION OF LIABILITY

The maximum extent of RaceCapture's liability to you, regardless of cause, is strictly limited.

No Liability

RaceCapture Is Not Liable

To the maximum extent permitted by applicable law, in no event shall RaceCapture Inc., its directors, officers, employees, contractors, or affiliates be liable for any:

Indirect, incidental, special, consequential, punitive, or exemplary damages.
Loss of profits, revenue, business opportunity, data, goodwill, or anticipated savings.
Loss or damage arising from content uploaded by users, including any infringement, defamation, or privacy claim related to that content.
Loss or damage arising from third-party service interruptions (Stripe, AWS, hosting providers).
Loss or damage arising from the conduct of any photographer, event organizer, athlete, or other user.
Loss or damage arising from your own breach of these terms or applicable law.

Capped Liability

Maximum Liability

Where liability cannot be excluded under applicable law, RaceCapture's total aggregate liability to any user, regardless of cause of action, is capped as follows:

For athletes / buyers: the amount you paid to RaceCapture in the three (3) months immediately preceding the event giving rise to the claim.
For Community Portal photographers: the platform fees paid by you to RaceCapture in the three (3) months immediately preceding the event giving rise to the claim.
This cap applies cumulatively to all claims arising from a single user, regardless of the number of claims.
Nothing in these terms limits liability that cannot lawfully be limited under Ontario or Canadian federal law.

INDEMNIFICATION

If your use of the platform creates a problem for us, you take responsibility for it.

Your Obligation

You Indemnify RaceCapture

You agree to defend, indemnify, and hold harmless RaceCapture Inc., its directors, officers, employees, contractors, and affiliates from and against any and all claims, liabilities, damages, losses, costs, and expenses (including reasonable legal fees) arising out of or related to:

Your use of, or inability to use, the platform.
Any content you upload, share, or transmit through the platform.
Your breach of these Terms & Conditions or the Privacy Policy.
Your breach of any applicable law or regulation in your jurisdiction.
Your violation of any third-party right, including but not limited to copyright, trademark, privacy, publicity, or contractual rights.
Any dispute between you and another user of the platform.

Cooperation

How Indemnification Works

If a claim arises:

RaceCapture will notify you of any claim for which we seek indemnification.
RaceCapture reserves the right to assume the exclusive defence and control of any matter subject to indemnification by you.
You agree to cooperate with RaceCapture's defence of any such claim at your own expense.
You may not settle any claim that affects RaceCapture without our prior written consent.

INTELLECTUAL PROPERTY

Who owns what on the platform.

Platform IP

RaceCapture Property

The RaceCapture platform — including its software, design, brand, name, logos, copy, structure, and underlying technology — is the property of RaceCapture Inc. and is protected by Canadian and international intellectual property law.

You may not copy, modify, distribute, sell, or reverse engineer any part of the platform.
You may not use the RaceCapture name, logo, or branding without prior written permission.
Any feedback or suggestions you provide to RaceCapture may be used freely without obligation to you.

Photographer Content

Photographer Ownership

Community Portal photographers retain copyright in the photographs they upload to RaceCapture. By uploading content to the platform, you grant RaceCapture:

A non-exclusive, worldwide, royalty-free licence to host, store, display, transmit, index, watermark, thumbnail, and distribute your content as necessary to operate the platform.
The right to display previews and thumbnails of your content in galleries and search results.
The right to process your content for facial recognition indexing and content moderation.
This licence ends when you remove the content or close your account, except where retention is required by law or for the completion of in-progress transactions.

Purchased Media

Buyer Licence

When you purchase media through RaceCapture, you receive a personal, non-exclusive, non-transferable licence to use the media for personal, non-commercial purposes, unless a different licence is explicitly granted at purchase.

Personal use includes sharing on personal social media, printing for personal display, and similar uses.
Commercial use, resale, sublicensing, or use in advertising requires separate written permission from the photographer.
Removal of watermarks or modification to claim authorship is strictly prohibited.

TERMINATION & CHANGES

How accounts and these terms can change or end.

Termination

Account & Content Removal

RaceCapture reserves the right, at its sole discretion and without notice or refund, to:

Suspend or terminate any account that violates these terms, the Privacy Policy, the Photographer Agreement, or applicable law.
Remove any content from the platform that, in our view, violates these terms or is otherwise inappropriate.
Refuse service to any user at any time.
Pursue legal remedies against any user whose conduct causes loss or damage to RaceCapture or any third party.

You may terminate your account at any time by contacting us. Some obligations — including indemnification, payment, retention, and limitation of liability — survive termination.

Changes

Updates to These Terms

RaceCapture may update these Terms & Conditions from time to time. We will:

Post the updated terms at this URL with a revised "last updated" date.
Notify registered users by email of material changes.
Allow a reasonable period before material changes take effect, where required by law.

Your continued use of the platform after an update constitutes acceptance of the revised terms. If you do not agree to a revision, you must stop using the platform.

GOVERNING LAW & DISPUTES

Which laws apply and how disputes are resolved.

Governing Law

Ontario & Federal Canada

These Terms & Conditions, your use of the platform, and any dispute arising from either are governed by:

The laws of the Province of Ontario, Canada.
The federal laws of Canada applicable in Ontario.
The courts of Ontario have exclusive jurisdiction over any dispute, action, or proceeding, and you irrevocably submit to the personal jurisdiction of those courts.
The United Nations Convention on Contracts for the International Sale of Goods does not apply.

General Provisions

Severability & Entire Agreement

Standard contract provisions that apply to these terms:

Severability: If any clause of these terms is found unenforceable, the remainder remains in full effect.
Entire Agreement: These terms, together with the Privacy Policy and any agreement specific to your role (e.g., Photographer Agreement), constitute the entire agreement between you and RaceCapture.
No Waiver: Failure by RaceCapture to enforce any right is not a waiver of that right.
Assignment: You may not assign these terms. RaceCapture may assign these terms in connection with a sale, merger, or restructuring.
Force Majeure: RaceCapture is not liable for failure or delay caused by events beyond its reasonable control.

TERMS CONTACT

For any questions about these Terms & Conditions, or to raise a concern about content or conduct on the platform, contact us directly.

RaceCapture Inc.

Attention: Sean Menezes, Founder

Email: info@racecapture.ca

These Terms & Conditions were last updated April 2026. These are interim terms in effect pending finalization of full legal terms by counsel. We reserve the right to update these terms at any time. Material changes will be communicated to registered users by email. Continued use of the platform after an update constitutes acceptance of the revised terms.