Terms of Service

These Terms of Service ("Terms") govern your access to and use of Pitside (the "Platform"), operated by Pitside LLC, a Missouri limited liability company ("we", "us", or "our"), including our websites, applications, and related services. By creating an account, subscribing to a creator, or otherwise using the Platform, you agree to be bound by these Terms. If you do not agree, do not use the Platform.

1. Who We Are

Pitside is operated by Pitside LLC, a limited liability company organized under the laws of Missouri. It is a creator-support platform that lets racers and other motorsports creators ("Creators") offer membership tiers and share exclusive content with the people who support them ("Supporters"). We provide the technology that connects Creators and Supporters and facilitates payments through our payment processor; we are not a party to the relationship between a Creator and their Supporters beyond what these Terms describe.

2. Eligibility

You must be at least 18 years old (or the age of majority in your jurisdiction) to create an account, make payments, or receive payouts. By using the Platform you represent that you meet these requirements and that the information you provide is accurate and complete.

3. Your Account

You are responsible for safeguarding your login credentials and for all activity that occurs under your account. Notify us promptly of any unauthorized use. We may suspend or terminate accounts that violate these Terms or that we reasonably believe pose a risk to the Platform, other users, or our payment processor.

4. Subscriptions, Billing & Renewals

Supporters may purchase recurring subscriptions to a Creator's tiers. By subscribing, you authorize us and our payment processor to charge your payment method on a recurring basis (for example, monthly) until you cancel.

• Auto-renewal. Subscriptions renew automatically at the end of each billing period at the then-current price unless cancelled.
• Cancellation. You may cancel at any time from your account. Cancellation takes effect at the end of the current paid period - you keep access to the Creator's content until then, and you will not be billed again.
• Price changes. A Creator may change tier pricing. Changes apply to future billing periods, and we will not charge an increased price without making it visible to you before renewal.
• Refunds. Except where required by law, payments are non-refundable. Any discretionary refund or credit does not obligate us to provide the same in the future.

5. Payments

Payments are processed by Stripe. By making or receiving payments you also agree to the Stripe terms that apply to you. We do not collect or store full payment card numbers; card data is handled directly by Stripe. You are responsible for any taxes associated with your purchases unless we state otherwise.

6. Creator Terms

If you register as a Creator, the following additional terms apply:

• Onboarding. You must complete payment onboarding with Stripe (including identity and bank details) before you can offer paid tiers or receive payouts. Stripe's Connected Account Agreement applies to you.
• Platform fee. We retain a platform fee of 10% of each payment made to you, plus any payment-processing fees charged by Stripe. The remainder is paid out to your connected account.
• Your content and promises. You are solely responsible for the content, benefits, and any commitments you offer to Supporters, and for delivering them. You must have all rights necessary to offer your content.
• Taxes. You are responsible for determining, collecting, and remitting any taxes that apply to your earnings.

7. Your Content

You retain ownership of the content you post. By posting, you grant us a non-exclusive, worldwide, royalty-free license to host, store, display, and distribute that content as needed to operate and promote the Platform and to deliver it to the Supporters entitled to access it. You represent that you have the rights to grant this license and that your content does not infringe the rights of others.

8. Acceptable Use

You agree not to:

• post unlawful, infringing, fraudulent, harassing, or sexually exploitative content;
• impersonate others or misrepresent your affiliation;
• circumvent tier gating, payment, or access controls, or share access credentials;
• interfere with, probe, or attempt to disrupt the Platform's security or infrastructure;
• use the Platform to launder money or for any other illegal purpose.

9. Intellectual Property

The Platform itself - including its software, design, and trademarks - is owned by us or our licensors and is protected by law. These Terms do not grant you any right to use our branding without our prior written permission.

10. Termination

You may stop using the Platform and delete your account at any time. We may suspend or terminate your access if you violate these Terms or if required to protect the Platform, our users, or our payment processor. Sections that by their nature should survive termination (including payment obligations, licenses you have granted, disclaimers, and limitations of liability) will survive.

11. Disclaimers

The Platform is provided "as is" and "as available" without warranties of any kind, whether express or implied, to the fullest extent permitted by law. We do not warrant that the Platform will be uninterrupted, error-free, or secure, or that any content offered by a Creator will meet your expectations.

12. Limitation of Liability

To the fullest extent permitted by law, we will not be liable for any indirect, incidental, special, consequential, or punitive damages, or for lost profits or revenues. Our total liability for any claim relating to the Platform will not exceed the greater of the amounts you paid to us in the twelve months before the claim or USD $100.

13. Indemnification

You agree to indemnify and hold us harmless from claims, damages, and expenses (including reasonable legal fees) arising from your content, your use of the Platform, or your breach of these Terms.

14. Governing Law & Disputes

These Terms are governed by the laws of the State of Missouri, USA, without regard to conflict-of-laws rules. The state and federal courts located in Missouri will have exclusive jurisdiction over any dispute, except where applicable law grants you the right to bring proceedings elsewhere.

15. Changes to These Terms

We may update these Terms from time to time. When we make material changes, we will update the "Last updated" date above and, where appropriate, notify you. Continuing to use the Platform after changes take effect means you accept the revised Terms.

16. Contact

Questions about these Terms? Email us at [email protected].