RacePack — Terms of Service & Legal Documentation

Amendment — 2026-08-05. These Terms previously described a Booking Fee: a separate, non-refundable per-registration charge collected by RacePack at checkout. That charge no longer exists and has not been levied since the clean-price decision of 2026-07-13. Participants pay the Registration Fee set by the Organiser and nothing further; RacePack is paid by the Organiser through the Platform Fee, deducted from the Organiser's revenue after the Event.

Every clause describing the Booking Fee has been amended accordingly, including the definitions (§2), what registration includes (§5.3), participant refunds (§5.x, §9.4), checkout transparency (§9.2), the refund matrix and the force-majeure provisions. Where the old text made the Booking Fee non-refundable, the amended text states plainly that there is no RacePack charge to refund.

⚠️ These amendments have not been reviewed by a lawyer. They were made to stop the Terms describing a charge that is not made — the previous wording overstated what a Participant could be charged. Have them reviewed before relying on them in a dispute. Effective Date: 1 January 2027
Version: 1.0
Last Updated: [Update on each revision]

IMPORTANT — READ BEFORE USING RACEPACK

These Terms of Service ("Terms") form a legally binding contract between you and RacePack Solutions ("RacePack," "we," "us," or "our"), a subsidiary of SokoTech Solutions Ltd. By creating an account, downloading the RacePack app, or using any RacePack service, you agree to these Terms in full. If you do not agree, do not use the platform.

If you are accepting these Terms on behalf of a business — as an event organiser, vendor, or sponsor — you represent that you have authority to bind that business to these Terms.

Participation in physical sporting events carries inherent risks of injury or death. By using RacePack to register for any event, you acknowledge and accept these risks. See §8 (Physical Activity Disclaimer and Waiver).

Scope note (this revision): This document has been trimmed to cover only the features live in the RacePack App and website today. Sections for features not yet built (RaceBand hardware, RacePack Reel, Charity Partner fundraising, RacePass subscriptions, and paid insurance products) have been removed from this published version — they will be reinstated, reviewed, and re-numbered when those features actually ship. Until then, referencing terms for a feature that doesn't exist would be misleading to users and unenforceable in any event. The Vendor Marketplace section below covers both vendor stalls and sponsorship-tier applications, since both are live through the same /marketplace flow today.

Table of Contents

1. Who We Are
2. Definitions
3. Platform Overview and Marketplace Status
4. Account Registration and Eligibility
5. Participant Terms
6. Event Organiser Terms
7. Vendor and Sponsor Marketplace Terms
8. Physical Activity Disclaimer and Waiver
9. Payments, Fees, and Refunds
10. Race Fund (Escrow) and Payouts
11. Privacy and Data Protection
12. Sensitive Personal Data (Health and Medical Information)
13. Intellectual Property
14. Prohibited Conduct
15. Disclaimers and Limitation of Liability
16. Indemnification
17. Dispute Resolution
18. Governing Law and Jurisdiction
19. Changes to These Terms
20. App Store Specific Terms
21. Termination
22. Contact Us
23. Supplementary Addenda

1. Who We Are

RacePack Solutions is the trading name of the RacePack platform (the App and website), operated as a business unit of SokoTech Solutions Ltd, a company registered in Kenya under the Companies Act 2015, with registration number [CR NUMBER]. SokoTech Solutions Ltd's registered office is at [ADDRESS], Nairobi, Kenya.

Payments: All payments made through the RacePack platform — Registration Fees, Vendor and Sponsor fees, and any other charge — are collected on behalf of, and remitted to, SokoTech Solutions Ltd. SokoTech Solutions Ltd is the merchant of record for all transactions on the platform (see §3.2).

For users in the United Kingdom and European Economic Area, SokoTech Solutions Ltd operates as a data controller subject to the UK General Data Protection Regulation (UK GDPR) and Data Protection Act 2018, and the EU General Data Protection Regulation (EU GDPR) respectively.

For users in the United States, SokoTech Solutions Ltd operates a Delaware limited liability company, SokoTech Solutions LLC, registered under the laws of the State of Delaware, EIN [NUMBER].

For users in Australia, SokoTech Solutions Ltd operates through its Australian entity SokoTech Solutions Pty Ltd, ABN [NUMBER], registered with the Australian Securities and Investments Commission (ASIC).

Principal contact for all legal matters:
legal@racepack.io
RacePack Solutions, a subsidiary of SokoTech Solutions Ltd
[Registered Address], Nairobi, Kenya

2. Definitions

Throughout these Terms, the following words have the following meanings:

"Account" means a registered user profile on the RacePack platform.

"App" means the RacePack mobile application available on the Apple App Store and Google Play Store.

"Platform Fee" means the commission RacePack deducts from the Organiser's gross Registration Fee revenue at payout. It is charged to the Organiser, never to the Participant. RacePack charges Participants no booking fee, service charge or handling fee of any kind: a Participant pays exactly the Registration Fee the Organiser set, and nothing further.

"Content" means any text, images, video, audio, data, or other material submitted, uploaded, or transmitted through the platform.

"Event" means any athletic or sporting event listed on the RacePack platform, whether created by an Organiser or imported from an external source.

"Express Payout Fee" means the 1.5% fee charged when an Organiser requests early release of their Race Fund before the automatic release trigger.

"Organiser" means any individual or legal entity that creates and manages Events on the RacePack platform.

"Participant" means any individual who registers for an Event through the RacePack platform.

"Platform" means all RacePack services including the App, website (racepack.io), web dashboard (app.racepack.io), and all associated APIs and tools.

"Platform Fee" means the commission deducted from the Organiser's gross Registration Fee revenue at payout: 4.5% on the standard and premium tiers, 3.5% on enterprise terms, and 0% on an Organiser's first Event. The Platform Fee is deducted from the Organiser's Race Fund, not from the Participant.

"Race Fund" means the account maintained by RacePack holding an Organiser's collected Registration Fees pending payout, as described in §10.

"Registration Fee" means the fee set by the Organiser for participation in an Event, paid by the Participant at checkout. The Registration Fee enters the Organiser's Race Fund and is subject to the Platform Fee at payout.

"Services" means all features and functionality provided through the Platform.

"Sponsor" means any individual or business that purchases digital advertising or brand placement through the RacePack platform.

"Vendor" means any individual or business that applies to operate a physical commercial stall at an Event through the RacePack Vendor Marketplace.

3. Platform Overview and Marketplace Status

3.1 Nature of the Platform

RacePack is a technology marketplace platform. We connect Participants, Organisers, Vendors, and Sponsors. We are not an event organiser, race director, sports governing body, insurer, or financial institution.

3.2 Marketplace Facilitator Status

RacePack acts as a marketplace facilitator and payment collection agent for Organisers. When a Participant pays a Registration Fee, that payment is collected on behalf of the Organiser by SokoTech Solutions Ltd and held in the Organiser's Race Fund pending release. SokoTech Solutions Ltd is the merchant of record for the purposes of payment processing only — this is the entity name you will see on your card or bank statement. The legal relationship for the athletic event itself is between the Participant and the Organiser.

3.3 RacePack is Not an Event Organiser

Except for events explicitly described as "hosted by RacePack," we do not organise, control, or direct any Event listed on the platform. Event details, safety standards, medical provision, course marking, timing, and all operational matters are the sole responsibility of the Organiser.

3.4 No Endorsement

The presence of an Event, Vendor, or Sponsor on the platform does not constitute an endorsement by RacePack of the quality, safety, legality, or suitability of that party or their services.

4. Account Registration and Eligibility

4.1 Age Requirement

The RacePack platform is intended for users aged 18 years and older. By creating an account, you confirm you are at least 18 years old. We do not knowingly collect personal information from anyone under 18.

If you are registering a minor (under 18) for an athletic event, you must do so using your own adult account and represent that you are the parent or legal guardian of that minor. You accept these Terms on behalf of the minor and take full responsibility for their participation.

For users in the United States: The platform is not directed at children under 13. We do not knowingly collect personal information from children under 13. If we discover that a child under 13 has created an account, we will delete it immediately.

For users in the European Economic Area: Where applicable national law sets the age of digital consent below 16, the minimum age to use RacePack without parental consent is 16.

4.2 Account Accuracy

You agree to provide accurate, current, and complete information when creating your account and to keep your account information updated. You are responsible for all activity under your account.

4.3 Account Security

You are responsible for maintaining the confidentiality of your login credentials. You must notify us immediately at security@racepack.io if you suspect unauthorised access to your account.

4.4 One Account Per Person

Each individual may hold only one Participant account. Organisers, Vendors, Charities, and Sponsors may hold one account per legal entity. Creating multiple accounts to circumvent platform rules is grounds for immediate termination.

4.5 Business Accounts

Organisers, Vendors, and Sponsors must complete KYC (Know Your Customer) verification before activating their accounts. KYC requires: proof of identity (government-issued ID), proof of business registration (where applicable), and bank account details for payouts. We use ComplyAdvantage and Stripe/Paystack KYC services to conduct sanctions screening. Accounts matching OFAC, UN, or EU sanctions lists will be immediately suspended.

5. Participant Terms

5.1 Registration for Events

When you register for an Event through RacePack, you are entering into a contract with the Organiser for participation in that Event. RacePack is not a party to that contract and has no obligation to ensure the Event takes place.

5.2 Accuracy of Registration Information

You must provide accurate information at registration, including your full legal name (as it will appear on your race bib), emergency contact details, and any requested medical information. Providing false information may result in disqualification from an Event and suspension of your account.

5.3 What Your Registration Includes

Your Registration Fee covers participation in the specific Event you have selected, and includes at no additional charge: your digital race bib and race pack, WhatsApp and push notifications, results processing, live split notifications, and access to the RacePack App. Registration does not guarantee any specific race experience, photo delivery timeline, or result accuracy.

5.4 Race Pack and Digital Bib

Your digital race pack is delivered via the App and WhatsApp upon payment confirmation. Your digital bib is for personal use only — it may not be transferred, sold, or used by any person other than the registered participant. Misuse of another person's digital bib constitutes fraud.

5.5 Transfer of Registration

Registration transfers are subject to Organiser policy. If the Organiser permits transfers, they must be processed through the RacePack platform. Peer-to-peer transfers outside the platform are prohibited.

5.6 Participant Conduct at Events

By registering for an Event, you agree to comply with:

(a) all rules and regulations set by the Organiser;
(b) applicable road traffic laws during road events;
(c) instructions of race marshals, officials, and medical personnel;
(d) the rules of any applicable sports governing body;
(e) anti-doping regulations where applicable.

Breach of Organiser rules may result in disqualification. Breach of these Terms may result in account suspension.

5.7 Cancellation and Refunds by Participant

Participant cancellation and refund rights are governed by the Organiser's refund policy, which is displayed at checkout before payment. RacePack enforces organiser refund policies but is not liable for an Organiser's failure to issue refunds they have committed to.

RacePack charges you no separate fee, so there is no RacePack charge to refund. What you paid is the Registration Fee, and whether it is refundable is governed entirely by the Organiser's refund policy shown at checkout.

Statutory rights: Nothing in these Terms limits your rights under applicable consumer protection law, including the right to cancel under the Consumer Contracts Regulations 2013 (UK), the Consumer Rights Act 2015 (UK), or equivalent legislation in your jurisdiction. Where applicable, you have 14 days from registration to cancel and receive a full refund if the event has not yet started, unless you have explicitly waived this right to enable immediate fulfilment of digital services.

6. Event Organiser Terms

6.1 Organiser Eligibility and KYC

To publish paid Events on RacePack, you must complete KYC verification and be approved as an Organiser. Approval is at RacePack's discretion. RacePack may refuse or revoke Organiser status without obligation to give reasons, subject to applicable law.

6.2 Event Creation and Accuracy

You are solely responsible for the accuracy, completeness, and legality of all Event information you publish on the platform. You must ensure your Event complies with all applicable laws, permits, licences, and safety requirements. This includes but is not limited to:

(a) road closure permits and traffic management approvals;
(b) public liability insurance meeting minimum requirements for your jurisdiction;
(c) medical and first aid provision appropriate to your event size;
(d) timing and results accuracy;
(e) food and hygiene compliance at your event venue;
(f) compliance with any applicable athletics federation rules.

6.3 Organiser as Event Controller

The Organiser is the data controller for all personal data collected from Participants through the RacePack registration form for the purpose of running the Event. RacePack acts as a data processor on the Organiser's behalf for this data. By publishing an Event, you agree to our Data Processing Agreement, which is incorporated by reference.

6.4 Pricing and Fees

You may set the Registration Fee for your Event subject to RacePack's minimum and maximum price guidelines (displayed in the Organiser dashboard). RacePack charges Participants no booking fee or service charge of any kind: a Participant pays exactly the Registration Fee you set. RacePack deducts the Platform Fee (4.5% of gross Registration Fee revenue on standard terms; 0% on your first Event) from your Race Fund at payout. Additional fees (gateway processing fees) are also deducted at payout and itemised in your payout statement.

6.5 Cancellation of Events by Organiser

If you cancel an Event:
(a) you must notify all registered Participants immediately via the platform;
(b) all Participant Registration Fees held in your Race Fund will be returned to Participants in full;
(d) RacePack's Platform Fee is waived on cancelled events;
(e) RacePack reserves the right to process refunds directly if the Organiser fails to do so within 72 hours of cancellation.

You acknowledge that repeated event cancellations may result in account restrictions or termination.

6.6 Event Safety

You are solely responsible for the safety of your Event and the wellbeing of your Participants. RacePack provides no safety oversight, medical supervision, or emergency response. By publishing an Event, you confirm that you have appropriate safety plans, medical provision, and public liability insurance in place. You agree to indemnify RacePack against any claim arising from injury, death, or property damage at your Event.

6.7 Photo Rights

By uploading photos to RacePack, you confirm that:
(a) you hold the rights to distribute the photos you upload, or have obtained written permission from the copyright owner;
(b) you grant RacePack a non-exclusive, royalty-free licence to use uploaded photos for the purpose of displaying your Event (cover images, race pack previews) and for platform-wide event promotion;
(c) photos may be used in compressed, resized, or otherwise adapted form for display across the Platform.

6.8 Organiser Conduct

Organisers must not:
(a) create Events for the purpose of collecting Registration Fees with no genuine intention to host the event;
(b) misrepresent event details, distances, course types, or facilities;
(c) use Participant personal data for any purpose other than running the registered Event;
(d) discriminate against Participants on grounds prohibited by applicable law.

7. Vendor and Sponsor Marketplace Terms

7.1 Marketplace Overview

The RacePack Marketplace lets two kinds of participants apply to Events published by Organisers: Vendors, who apply for a physical commercial stall at an Event, and Sponsors, who apply for a sponsorship tier (a paid brand-association slot) at an Event. Both apply and track their applications through the same Marketplace dashboard.

7.2 Vendor and Sponsor Account and Fees

To access the Marketplace, you must pay a one-time setup fee ($25 USD equivalent) and a monthly subscription fee ($15 USD equivalent). These fees cover your account, dashboard access, and the ability to apply to Events. Event application fees ($5 USD equivalent, refunded if rejected) apply per Event application, whether for a stall or a sponsorship tier.

7.3 Application Process

Vendors and Sponsors apply to specific Events through the platform, browsing open stalls or sponsorship tiers per Event. Approval is at the Organiser's sole discretion. RacePack does not guarantee acceptance at any Event. Stall fees and sponsorship tier fees, once paid, are non-refundable if you withdraw your application after approval.

7.4 Commission

RacePack charges 6.5% commission on all stall fees and sponsorship tier fees paid through the platform. This commission is deducted at source from those payments.

7.5 Vendor Obligations at Events

Vendors must:
(a) comply with all applicable health, safety, and food hygiene laws for the jurisdiction of the Event;
(b) hold all required business licences and trading permits;
(c) maintain public liability insurance for at least [KES 2,000,000 / £1,000,000 / $1,000,000] per occurrence;
(d) comply with the Organiser's stall guidelines;
(e) not sell counterfeit, unsafe, or prohibited goods;
(f) display accurate pricing to consumers.

7.6 Food and Beverage Vendors

If you sell food or beverages, you are responsible for compliance with all applicable food safety legislation including (as applicable): Kenya Food, Drugs and Chemical Substances Act; UK Food Safety Act 1990; US FDA regulations; Australian Food Standards Code. RacePack does not verify food safety compliance and bears no liability for foodborne illness or injury arising from Vendor products.

7.7 Prohibited Vendor Products and Services

Vendors must not sell, display, or promote:
(a) alcohol (unless expressly approved by the Organiser and you hold the relevant licence);
(b) tobacco or vaping products;
(c) supplements containing prohibited substances under WADA or applicable anti-doping rules;
(d) weapons or dangerous items;
(e) counterfeit or infringing goods;
(f) adult content or services of any kind;
(g) any product or service that is illegal in the jurisdiction of the Event.

8. Physical Activity Disclaimer and Waiver

8.1 Inherent Risks

PLEASE READ THIS SECTION CAREFULLY. IT CONTAINS AN IMPORTANT WAIVER OF LEGAL RIGHTS.

Participation in athletic events — including running, cycling, triathlons, swimming, obstacle courses, trail running, and all other sports facilitated through RacePack — involves inherent risks of physical injury, cardiac events, drowning, falling, heat illness, hypothermia, and death. These risks exist even when events are well-organised and participants are fit and prepared.

8.2 Your Acknowledgement

By registering for any Event through RacePack, you acknowledge that:

(a) you are voluntarily participating in a physically demanding activity;
(b) you are responsible for assessing your own fitness and health before participating;
(c) you have consulted a medical professional if you have any condition that may affect your ability to participate safely;
(d) you accept the inherent risks of participation;
(e) RacePack has not assessed your fitness or the suitability of any specific Event for you personally.

8.3 Medical Information

You provide medical information (blood type, emergency contact, medical flags) voluntarily. This information is made available to race marshals via your emergency QR code to assist in emergency situations. You are responsible for ensuring this information is accurate and current. RacePack does not provide medical advice and your emergency data is provided without any warranty of accuracy or medical guidance.

8.4 Insurance

RacePack may offer event insurance products in partnership with licensed insurers in certain markets. These insurance products are arranged by RacePack as an insurance intermediary (where appropriately licensed) or by a partner licensed intermediary. The insurance is underwritten by third-party insurers — RacePack is not the insurer. Policy terms, exclusions, and claims procedures are governed by the individual policy document. RacePack earns a commission on insurance premiums.

If you purchase insurance through RacePack, you acknowledge that:
(a) you have read the policy summary displayed at checkout;
(b) you understand the coverage limits and exclusions;
(c) claims are handled directly by the underwriter, not by RacePack.

9. Payments, Fees, and Refunds

9.1 Payment Processing

All payments through the RacePack platform are processed by licensed third-party payment service providers: Paystack (Africa), Stripe (Global), Flutterwave (East Africa), and Razorpay (India). Your payment information is handled by these providers in accordance with their terms and privacy policies. RacePack does not store complete card numbers.

9.2 Fee Transparency at Checkout

Before completing any registration, you will see a clear itemised breakdown of:
(a) the Registration Fee (set by the Organiser — goes to the Organiser);
(b) any applicable delivery fee (if kit delivery is selected);
(c) any applicable insurance premium (if selected);
(d) any promo code discount applied.

RacePack adds no fee of its own at checkout. The total you are shown is the total you pay. RacePack is paid by the Organiser, out of the Organiser's revenue, after the Event.

The Platform Fee (4.5% standard) is not charged to Participants. It is deducted from the Organiser's Race Fund at payout.

9.3 Currency and Exchange Rates

Prices are displayed in the currency of the Event's market. Currency conversion for cross-border payments uses the exchange rate applied by the payment processor at the time of transaction. RacePack does not control exchange rates and is not responsible for exchange rate fluctuations.

9.4 No RacePack Fee at Checkout

RacePack does not charge Participants a booking fee, service charge, handling fee or any other separate charge. The amount you pay is the Registration Fee set by the Organiser, plus only those optional extras you actively select (kit delivery, insurance).

RacePack is paid by the Organiser, as a Platform Fee deducted from the Organiser's revenue after the Event. That arrangement is between RacePack and the Organiser and does not increase what you pay.

Because RacePack levies no charge on you, there is no RacePack charge to refund. Refunds of the Registration Fee are governed by §9.5 and by the Organiser's refund policy shown at checkout.

9.5 Registration Fee Refunds

Refunds of Registration Fees are subject to the Organiser's refund policy, displayed at checkout. The default RacePack refund policy (applied where the Organiser has not set a custom policy) is:

Processing of refunds may take 5–10 business days depending on your payment method and bank.

9.6 Chargebacks

If you initiate a chargeback with your bank or card issuer, your RacePack account will be suspended pending resolution. Chargebacks initiated without first raising a dispute through the RacePack platform are considered a violation of these Terms. RacePack reserves the right to recover the amount of any chargeback, plus a processing fee of up to $25 USD, from any future payments owed to you.

9.7 Taxes

Applicable taxes (VAT, GST, sales tax) are added where required by law and displayed at checkout. Stripe Tax and Paystack handle tax calculation and collection for applicable transactions. You are responsible for any personal income tax arising from event winnings or prize pool distributions.

10. Race Fund (Escrow) and Payouts

10.1 How the Race Fund Works

Registration Fees paid by Participants are collected by RacePack and held in the Organiser's Race Fund pending payout. The Race Fund is a ledger balance — RacePack holds these funds in pooled accounts with licensed payment processors (Paystack, Stripe). The Race Fund does not bear interest.

10.2 Payout Schedule by Trust Tier

Payout timing is determined by the Organiser's Trust Tier, which reflects their track record on the platform:

10.3 Payout Triggers

The post-event balance is released when any one of the following occurs:
(a) check-in rate reaches or exceeds 80% on event day;
(b) Organiser marks the event Complete and the 48-hour dispute window closes with fewer than 3 disputes;
(c) 72 hours elapse after the Event start time with zero disputes.

10.4 Race Fund Freeze

RacePack may freeze the Race Fund immediately upon detection of any of the following:
(a) check-in rate below 20% at 2 hours after the scheduled start time;
(b) 3 or more participant disputes filed;
(c) any active fraud signal (see §14 Prohibited Conduct);
(d) receipt of a court order or regulatory requirement to hold funds.

Frozen funds remain held pending investigation. RacePack will notify the Organiser of any freeze and the reason.

10.5 Express Payout

Standard and Premium tier Organisers may request Express Payout of their accumulated Race Fund balance at any time. An Express Payout Fee of 1.5% of the release amount is charged. Express payouts are processed within 2 hours (M-Pesa/Instant) or by the next business day (bank transfer). Express payouts are not available to New or Flagged tier Organisers.

10.6 Payout Method and Recipient Setup

Organisers must configure a payout recipient before funds can be disbursed:
— Kenya / Africa: Paystack Transfer to M-Pesa or bank account;
— Global: Stripe Connect to local bank account.

Failure to configure a payout recipient within 90 days of accumulated funds results in the funds being held until recipient details are provided. Unclaimed funds after 12 months may be handled in accordance with applicable unclaimed property laws.

10.7 Payout Statement

Every payout is accompanied by a payout statement (delivered via WhatsApp and email, available in the Organiser dashboard) showing: total registrations, gross Registration Fee revenue, Platform Fee deducted, gateway processing fees deducted, vendor stall net revenue (if applicable), and net payout amount.

11. Privacy and Data Protection

11.1 Privacy Policy

Our full Privacy Policy is incorporated by reference into these Terms and is available at racepack.io/privacy. The Privacy Policy explains: what data we collect, why we collect it, how we use it, who we share it with, how long we retain it, and how you can exercise your rights.

11.2 Legal Bases for Processing

We process your personal data on the following legal bases:
(a) Contract performance — to deliver the services you have paid for;
(b) Legitimate interest — to prevent fraud, improve the platform, and send you relevant communications;
(c) Legal obligation — to comply with AML, KYC, tax, and other regulatory requirements;
(d) Consent — for marketing communications, optional features, and sensitive data processing.

11.3 Your Rights

Depending on your jurisdiction, you have rights including: access, rectification, erasure (right to be forgotten), data portability, restriction of processing, objection to processing, and the right not to be subject to automated decision-making. To exercise any right, contact privacy@racepack.io. We respond within 30 days.

11.4 International Transfers

Your data may be transferred to and processed in countries outside your country of residence, including Kenya, Ireland, and the United States. We ensure all international transfers are protected by appropriate safeguards including EU Standard Contractual Clauses, UK International Data Transfer Agreements, or equivalent mechanisms.

11.5 Marketing Communications

We will send you marketing communications (event recommendations and platform updates) by push notification, WhatsApp, and email. You may opt out at any time by:
(a) replying STOP to any WhatsApp message;
(b) using unsubscribe links in emails;
(c) adjusting notification settings in the App;
(d) contacting privacy@racepack.io.

You cannot opt out of transactional messages (registration confirmations, payout notifications, security alerts) while your account is active.

11.6 Cookies

Our website uses cookies as described in our Cookie Policy at racepack.io/cookies. You may manage cookie preferences through the consent banner on first visit and at any time via the Cookie Preference Centre.

11.7 Data Retention

We retain your personal data for as long as your account is active plus:
(a) Account data: 7 years after account closure (for fraud prevention and regulatory compliance);
(b) Payment records: 7 years (tax and accounting requirements);
(c) Race results: Indefinitely (they are part of the public sporting record);
(d) Photos: 3 years after the event, unless you request earlier deletion;
(e) Health and medical data: Deleted within 90 days of the event date.

11.8 Market-Specific Privacy Rights

Kenya (KDPA): You may lodge a complaint with the Office of the Data Protection Commissioner (ODPC). Contact: info@odpc.go.ke.

UK: You may lodge a complaint with the Information Commissioner's Office (ICO). Contact: ico.org.uk.

European Union: You may lodge a complaint with your national data protection authority. A list is available at edpb.europa.eu.

Australia: You may lodge a complaint with the Office of the Australian Information Commissioner (OAIC). Contact: oaic.gov.au.

United States (California): CCPA rights including the right to know, delete, and opt out of sale are exercisable via the link "Do Not Sell or Share My Personal Information" in the App footer or at racepack.io/privacy/ccpa.

India: Your rights under the Digital Personal Data Protection Act 2023 (DPDP Act) are exercisable via privacy@racepack.io.

12. Sensitive Personal Data (Health and Medical Information)

12.1 What We Collect

With your explicit consent, we collect and store:
(a) blood type;
(b) medical conditions, allergies, or medications relevant to emergency care;
(c) emergency contact name, phone number, and relationship.

This information is entirely optional. You may use RacePack without providing any health or medical data.

12.2 How We Use It

Your medical data is used solely to:
(a) display on your emergency QR code for the benefit of race marshals and medical personnel in an emergency;
(b) assist emergency services if you require medical attention during an Event.

We do not use your medical data for marketing, profiling, or any purpose other than emergency assistance.

12.3 Encryption and Security

Medical data is encrypted at rest using AES-256-GCM encryption. The decryption key is separate from the database. Only your personalised emergency QR code provides access to this data, and only when physically present and scanned.

12.4 Deletion

You may delete your medical data at any time from your profile settings. Deletion takes effect immediately. We delete all medical data within 90 days of your event date as standard practice.

12.5 Legal Basis

We process your health data with your explicit consent (GDPR Article 9(2)(a), KDPA equivalent, and applicable law in all other markets). You may withdraw consent at any time by deleting the data from your profile.

13. Intellectual Property

13.1 RacePack Intellectual Property

All intellectual property rights in the RacePack Platform — including software, designs, trademarks ("RacePack," the logo, the lime green design language), algorithms, and Content created by RacePack — are owned by SokoTech Solutions Ltd. You have no right to use our IP except as expressly permitted by these Terms.

13.2 Feedback

If you provide RacePack with feedback, suggestions, or ideas about the platform, you grant RacePack a perpetual, irrevocable, royalty-free licence to use that feedback without restriction or compensation.

13.3 Your IP

We do not claim ownership of Content you upload (such as photos submitted through the Vendor/Sponsor Marketplace or organiser dashboards).

13.4 Reporting IP Infringement

If you believe Content on our platform infringes your intellectual property rights, contact legal@racepack.io with: your contact information, a description of your IP right, a description of the allegedly infringing content, and a statement of good faith belief. We will investigate and, if appropriate, remove the infringing content.

14. Prohibited Conduct

You must not use the RacePack platform to:

(a) create fraudulent accounts, events, or registrations;
(b) use another person's identity, payment method, or digital bib;
(c) circumvent security measures on the platform;
(d) scrape, extract, or harvest platform data using automated tools without authorisation;
(e) interfere with the platform's operation or other users' access;
(f) distribute malware, phishing, or spam through the platform;
(g) launder money or process fraudulent payments;
(h) transact with sanctioned individuals or entities;
(i) impersonate RacePack, our staff, or another user;
(j) create events with no genuine intention to run them (ghost events);
(k) reverse-engineer, decompile, or disassemble any part of the platform;
(l) violate any applicable law or regulation.

Detection of any prohibited conduct may result in immediate account suspension, Race Fund freeze, referral to law enforcement, and legal action.

15. Disclaimers and Limitation of Liability

15.1 Platform Provided "As Is"

THE RACEPACK PLATFORM IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, RACEPACK DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

We do not warrant that:
(a) the platform will be uninterrupted, error-free, or secure;
(b) results, split times, or race data will be accurate;
(c) photos will be delivered within any specific timeframe.

15.2 Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, RACEPACK'S TOTAL LIABILITY TO YOU FOR ANY CLAIM ARISING OUT OF OR RELATED TO THESE TERMS OR THE PLATFORM IS LIMITED TO THE GREATER OF:

(a) THE TOTAL AMOUNT YOU PAID TO RACEPACK (BOOKING FEES AND SUBSCRIPTIONS) IN THE 12 MONTHS PRECEDING THE CLAIM; OR
(b) $100 USD (OR LOCAL CURRENCY EQUIVALENT).

RACEPACK IS NOT LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING LOSS OF PROFITS, LOSS OF DATA, OR PERSONAL INJURY ARISING FROM YOUR USE OF THE PLATFORM, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

15.3 Statutory Rights

Nothing in §15 limits your statutory rights as a consumer that cannot be excluded or limited under applicable law, including:
(a) the Consumer Rights Act 2015 (UK);
(b) the Australian Consumer Law (Schedule 2 of the Competition and Consumer Act 2010);
(c) equivalent consumer protection laws in Kenya, the EU, and other markets.

15.4 Events and Organisers

RacePack is not liable for: Event cancellation; Event safety incidents; inaccurate Event descriptions; failure of timing systems; race medical incidents; or any act or omission of an Organiser, Vendor, or Sponsor. Your recourse for Event-related issues is against the Organiser.

16. Indemnification

You agree to defend, indemnify, and hold harmless SokoTech Solutions Ltd, RacePack Solutions, their affiliates, officers, directors, employees, contractors, and agents from and against any claims, damages, losses, liabilities, costs, and expenses (including reasonable legal fees) arising from:

(a) your use of the platform in violation of these Terms;
(b) Content you upload or distribute through the platform;
(c) your organisation or facilitation of any Event;
(d) your operation as a Vendor at any Event;
(e) any third-party claim arising from your products or services;
(f) your violation of any applicable law.

17. Dispute Resolution

17.1 Participant-Organiser Disputes

Disputes between Participants and Organisers about Event quality, registration, refunds, or other Event matters should first be raised through the RacePack dispute portal in the App (Support > Raise a Dispute). RacePack may, at its discretion, mediate between parties. RacePack's mediation decision is not legally binding but may affect Race Fund release timing.

17.2 Disputes with RacePack

Before initiating legal proceedings against RacePack, you must first contact us at legal@racepack.io and allow 30 days for us to attempt resolution.

17.3 Arbitration (United States Users)

For users in the United States, any dispute arising from these Terms that cannot be resolved informally will be resolved by binding individual arbitration administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules. The arbitration will take place in the state of Delaware. Class action and representative action claims are waived. This arbitration clause does not apply to injunctive relief claims or intellectual property disputes.

You may opt out of arbitration by sending written notice to legal@racepack.io within 30 days of first accepting these Terms.

17.4 Arbitration and Dispute Resolution (Kenya and Africa)

Disputes arising from these Terms that cannot be resolved informally shall be referred to and finally resolved by arbitration in Nairobi under the Nairobi Centre for International Arbitration (NCIA) Arbitration Rules by a sole arbitrator appointed in accordance with those rules. The seat of arbitration shall be Nairobi, Kenya. The language of arbitration shall be English.

17.5 Small Claims

Notwithstanding the above, either party may bring individual claims in a small claims court or equivalent tribunal in their jurisdiction.

18. Governing Law and Jurisdiction

These Terms and any dispute arising from them are governed by the laws of Kenya as the primary jurisdiction, without regard to conflict of law principles.

Where statutory protections cannot be excluded by choice of law, the following market-specific laws apply:
— United Kingdom users: UK law applies to your consumer rights; English courts have non-exclusive jurisdiction;
— European Union users: The law of the EU member state of your residence applies to consumer protection matters;
— Australian users: Australian Consumer Law and the laws of New South Wales apply to your consumer rights;
— United States users: Delaware law governs subject to the arbitration clause in §17.3.

19. Changes to These Terms

We may update these Terms from time to time. We will notify you of material changes by:
(a) posting a notice in the App;
(b) sending a WhatsApp notification to your registered number;
(c) emailing your registered email address.

Changes take effect 30 days after notification. Continued use of the platform after that date constitutes acceptance of the updated Terms. If you do not accept the updated Terms, you must stop using the platform and may close your account.

For changes that significantly reduce your rights, we will provide at least 60 days' notice and allow you to close your account and receive a refund of any unused paid subscription.

20. App Store Specific Terms

20.1 Apple App Store

The following terms apply when you download and use the RacePack App from the Apple App Store:

(a) Acknowledgement: These Terms are between you and RacePack only, not Apple Inc. Apple has no obligation to provide any maintenance or support for the App.

(b) Licence: RacePack grants you a non-transferable licence to use the App on Apple-branded devices you own or control, as permitted by the App Store usage rules.

(c) Maintenance and Support: RacePack is solely responsible for any maintenance and support of the App. Apple has no obligation to provide maintenance or support.

(d) Warranty: In the event the App fails to conform to any applicable warranty, you may notify Apple and Apple will refund the purchase price (if any). To the maximum extent permitted by applicable law, Apple has no other warranty obligation with respect to the App.

(e) Product Claims: RacePack, not Apple, is responsible for addressing any claims relating to the App or your possession and use of the App, including: (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.

(f) Intellectual Property: In the event of any third-party claim that the App or your possession and use of the App infringes that third party's intellectual property rights, RacePack, not Apple, will be solely responsible for the investigation, defence, settlement, and discharge of any such claim.

(g) Legal Compliance: You represent that (i) you are not located in a country subject to a US Government embargo or designated as a "terrorist supporting" country; and (ii) you are not listed on any US Government list of prohibited or restricted parties.

(h) Third-Party Beneficiary: Apple and Apple's subsidiaries are third-party beneficiaries of these Terms. Upon your acceptance of these Terms, Apple will have the right to enforce these Terms against you as a third-party beneficiary.

(i) Age Rating: The RacePack App is rated 4+ (Apple App Store). The App does not contain adult content, gambling, or other age-restricted material. The health and emergency data features are designed for adult participants only (see §4.1).

(j) In-App Purchases and Subscriptions: RacePack does not currently offer in-app purchases or subscriptions. If we introduce any in the future, they will be managed by Apple in accordance with Apple's subscription terms, and this section will be updated accordingly.

20.2 Google Play Store

The following terms apply when you download and use the RacePack App from Google Play:

(a) Developer: RacePack Solutions (a subsidiary of SokoTech Solutions Ltd) is the developer of the App. Google LLC is the distributor of the App through Google Play.

(b) Payments: RacePack does not currently sell in-app purchases or subscriptions through Google Play. Event registration payments are processed directly through Paystack/Stripe within the App, not through Google Play billing.

(c) Content Rating: The RacePack App is rated Everyone (Google Play). The App does not contain content that would require a higher rating under the IARC content rating system.

(d) Data Safety: The Data Safety section of our Google Play listing accurately describes the data we collect, use, and share. Our full Privacy Policy is available at racepack.io/privacy.

(e) Permissions: The App requests the following device permissions:
— Location: To show nearby events and enable GPS race-morning directions. Location is used only when the App is in use; not tracked in the background.
— Camera: To scan QR codes for bib check-in and to upload a profile photo.
— Photo library/Media: To upload a profile photo.
— Push Notifications: For race pack delivery and result notifications.
— Face ID / Touch ID / fingerprint (iOS and Android): Used in one place only — to confirm it is you before your account is deleted, because that cannot be undone. The App never uses biometrics to lock or unlock itself, and your face or fingerprint never leaves your device or reaches us. If your device has no biometrics set up, or they are unavailable, account deletion still works normally; nothing extra is required of you.
All permissions are optional except account-related ones. The App functions at reduced capability if any permission is denied.

(f) Google Play Subscriptions: RacePack does not currently offer subscriptions through Google Play. If we introduce any in the future, they will be subject to Google Play's billing policies and this section will be updated accordingly.

21. Termination

21.1 Termination by You

You may close your account at any time via Account Settings > Delete Account, or by contacting support@racepack.io. Account deletion triggers our GDPR/KDPA erasure process. Note: race results are part of the public sporting record and may be retained. Deletion does not affect your obligation to pay outstanding amounts.

21.2 Termination by RacePack

RacePack may suspend or terminate your account immediately and without notice if:
(a) you violate any provision of these Terms;
(b) you engage in any prohibited conduct (§14);
(c) we are required to do so by law or regulatory order;
(d) continued operation of your account poses a risk to other users or the platform.

We may terminate accounts with 30 days' notice for operational reasons (such as withdrawal from a market) without alleging fault.

21.3 Effect of Termination

On termination:
(a) your access to the platform ceases immediately;
(b) any Race Fund balance held for Organisers will be paid out (after fraud review) or returned to Participants if the event has not occurred;
(c) your data is processed in accordance with our data retention policy and applicable law.

22. Contact Us

General Support: support@racepack.io
Legal and Compliance: legal@racepack.io
Privacy and Data Protection: privacy@racepack.io
Security Incidents: security@racepack.io
Press: press@racepack.io
Partnerships: partnerships@racepack.io

Mailing Address:
SokoTech Solutions Ltd (trading as RacePack Solutions)
[Registered Address]
Nairobi, Kenya

UK Representative (GDPR Article 27):
[UK Legal Representative Name and Address]
[rep-uk@racepack.io]

EU Representative (GDPR Article 27):
[EU Legal Representative Name and Address]
[rep-eu@racepack.io]

Australia (Privacy Act Contact):
privacy@racepack.io — subject line "Australia Privacy Enquiry"

23. Supplementary Addenda

The following addenda form part of these Terms and are incorporated by reference. Where there is a conflict between an addendum and the main Terms, the addendum governs for the relevant subject matter.

Addendum A — Data Processing Agreement (Organiser as Controller)

This addendum applies to Organisers processing Participant personal data via the RacePack platform.

Subject matter: Processing of Participant personal data (name, contact details, medical information, payment information, race results) for the purpose of administering the Event.

Duration: For the duration of the Organiser's use of the platform and for the period of data retention set out in §11.7.

Nature and purpose: RacePack processes Participant data as a data processor on behalf of the Organiser (data controller) for the purposes of registration management, check-in, timing data processing, and photo management.

Types of personal data: Name, email address, phone number, date of birth, emergency contact details, medical flags, t-shirt size, payment reference, timing results.

Data subjects: Event participants.

Organiser obligations under this DPA:
(a) Provide Participants with appropriate privacy notices at registration;
(b) ensure a legal basis exists for each category of processing;
(c) comply with applicable data protection law in the jurisdiction of the Event;
(d) not instruct RacePack to process Participant data in a way that violates applicable law;
(e) delete or return Participant data upon request, subject to legal retention requirements.

RacePack obligations as processor:
(a) Process data only on documented Organiser instructions;
(b) ensure persons authorised to process data are bound by confidentiality;
(c) implement appropriate technical and organisational security measures;
(d) assist the Organiser in fulfilling data subject rights requests;
(e) delete or return all personal data at the end of the processing relationship;
(f) make available information necessary to demonstrate compliance;
(g) use sub-processors (AWS, Paystack, Stripe, Twilio, Mapbox) subject to equivalent data protection obligations.

Addendum B — Refund Policy Matrix

This matrix governs refund eligibility across all fee types and scenarios.

RacePack charges Participants no fee, so there is no RacePack fee column: every amount above is money paid to the Organiser or a Vendor. | Custom organiser refund policy set | Non-refundable | Per organiser policy | N/A |

RacePack does not currently sell insurance products through the platform. If we introduce insurance in the future, a dedicated refund row and addendum will be added.

Promo discounts are applied to the Registration Fee only and are non-refundable.

Addendum C — Vendor Code of Conduct

By operating as a Vendor at any Event on the RacePack platform, you agree to:

1. Conduct: Treat all Participants, Organisers, and staff with respect. Harassment, discrimination, or threatening behaviour results in immediate removal from the event and account suspension.

2. Products: All products sold must be genuine, correctly labelled, and legal in the jurisdiction of the Event. Supplements sold at athletic events must not contain substances on the WADA prohibited list.

3. Pricing: Prices must be clearly displayed. You may not charge prices materially different from those stated in your application.

4. Waste: You are responsible for managing your waste in accordance with the Event's waste management requirements and local regulations.

5. Food Safety: Food vendors must display their food handler certificate at their stall. Temperature control requirements must be followed at all times.

6. Stall: You must operate within the stall area designated by the Organiser. Sub-letting or sublicensing stall space is prohibited.

7. Departure: You must leave your stall area clean and in the condition you found it. Costs to remedy stall damage may be charged to your RacePack account.

Addendum D — Prohibited Countries and Sanctions

RacePack does not operate in and does not accept accounts, payments, or registrations from individuals or entities in countries subject to comprehensive trade sanctions under OFAC, UK, EU, or UN sanctions programmes. The prohibited country list is reviewed and updated regularly. Transacting from a sanctioned country or on behalf of a sanctioned entity will result in immediate account termination and may be reported to relevant authorities.

Addendum E — Cookie Policy Summary

Strictly necessary cookies: Required for login, security, and platform operation. Cannot be disabled.

Functional cookies: Remember your preferences (language, units, notification settings). Can be disabled; some features may be affected.

Analytics cookies: Help us understand how the platform is used (Google Analytics, aggregated). Can be disabled.

Marketing cookies: Used to show you relevant event recommendations and RacePack advertising on third-party platforms. Can be disabled.

Full Cookie Policy: racepack.io/cookies
Cookie Preference Centre: accessible from the Cookie Consent banner or at racepack.io/cookies/preferences

Addendum F — Force Majeure

Neither RacePack nor any Organiser is liable for failure to perform obligations under these Terms where such failure results from circumstances beyond reasonable control, including: natural disasters, pandemic, civil unrest, government order, power failure, internet outage, or acts of terrorism.

If a force majeure event causes an Organiser to cancel an Event:
(a) Participants are entitled to a Registration Fee refund under §9.5;
(b) RacePack Platform Fees are waived on cancelled Events.

Addendum G — Accessibility Statement

RacePack is committed to making our platform accessible to all users, including those with disabilities. We target WCAG 2.1 Level AA compliance for our web platform. The App supports VoiceOver (iOS) and TalkBack (Android). If you experience accessibility barriers, contact us at accessibility@racepack.io. We aim to resolve accessibility issues within 10 business days.

These Terms were last reviewed by: [Legal Counsel Name], [Date]
Next scheduled review: [Date]
Approved by: SokoTech Solutions Ltd Board of Directors

END OF TERMS OF SERVICE AND LEGAL DOCUMENTATION

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