Terms of Service

By accessing or using the Track Capital Inc. platform (the “Platform”), including its website at trackcapitalinc.com and any associated applications or services, you agree to be bound by these Terms of Service (“Terms”). If you do not agree to these Terms, you may not use the Platform.

These Terms constitute a legally binding agreement between you and Track Capital Inc., a Florida corporation (EIN: 27-3753898), located at 10396 West State Road 84, Suite 103, Davie, Florida 33324.

Track Capital Inc. reserves the right to modify these Terms at any time. Continued use of the Platform after any modification constitutes your acceptance of the revised Terms. Material changes will be communicated via the email address associated with your account where practicable.

Self-registration minimum age: You must be at least 18 years of age to create an account independently on the Platform. This minimum age is set in alignment with World Athletics eligibility thresholds for senior international competition and the legal requirements for entering commercial agreements in the State of Florida.

Minor athlete pathway: Athletes under the age of 18 may participate in the Platform exclusively through an invitation-only process initiated by a registered Team, Organisation, Coach, or Administrator. This pathway requires:

• A formal invitation issued to the minor athlete's parent or legal guardian;
• Explicit written consent from the parent or legal guardian, who must agree to these Terms on the minor's behalf;
• Creation of a parent-monitored account, where the parent or guardian retains administrative access;
• Where required by Track Capital Inc., submission of a notarised parental consent agreement specific to the minor's participation.

Track Capital Inc. does not knowingly collect personal data from individuals under 13 years of age. If we become aware that a user under 13 has registered without authorisation, we will immediately terminate that account.

By creating an account, you represent and warrant that all information you provide is accurate, that you meet the applicable eligibility requirements, and that your use of the Platform complies with all applicable laws in your jurisdiction.

Track Capital Inc. is a digital sports management ecosystem designed for athletes, coaches, administrators, and commercial partners. The Platform provides tools including but not limited to:

• Commercial Readiness Level (CRL) assessments — data-driven scoring of an athlete's commercial potential across four pillars: Performance, Marketing, Professional, and Trajectory;
• Performance metric tracking — logging and analysis of athletic performance data;
• Goal management — setting, tracking, and reviewing athletic and commercial goals;
• Coach dashboard — athlete roster management and CRL assessment tools for authorised coaches;
• Pacer AI — an artificial intelligence assistant that provides data analysis and informational support (see Section 8);
• Future features — events tracking, Pitch Deck / EPK generation, and integration with the Artists & Athletes affiliate programme (planned Stage 3).

The Platform is provided for informational and management purposes only. Nothing on the Platform constitutes professional coaching advice, medical advice, legal advice, or financial advice. Users are solely responsible for all decisions made in reliance on Platform data.

The Platform currently offers a Freemium tier at no cost. Paid subscription tiers — Pro and Elite — are planned and will be introduced in a future release. The following terms apply to subscription services when they become available:

• You will never be charged without your explicit prior consent and confirmation of a subscription selection;
• Subscription fees, billing cycles, and cancellation terms will be clearly disclosed at the point of purchase;
• Refund eligibility will be determined on a case-by-case basis in accordance with applicable Florida consumer protection law;
• Track Capital Inc. reserves the right to modify subscription pricing with reasonable advance notice to existing subscribers;
• The Elite tier requires an application and is subject to approval by Track Capital Inc. at its sole discretion.

Payment processing will be handled by PCI-DSS compliant third-party payment processors. Track Capital Inc. does not store full payment card details on its servers.

Coming Soon: Full subscription and billing functionality is under active development. Users will be notified when paid tiers become available.

You are responsible for maintaining the confidentiality of your account credentials and for all activity that occurs under your account. You agree to:

• Provide accurate, current, and complete information during registration and to keep this information updated;
• Notify Track Capital Inc. immediately at support@trackcapitalinc.com if you suspect unauthorised access to your account;
• Not share your account credentials with any third party;
• Not create multiple accounts for the purpose of circumventing any platform limitation or restriction;
• Be solely responsible for all content you submit, post, or transmit through the Platform.

Track Capital Inc. reserves the right to suspend or terminate accounts that violate these Terms, engage in fraudulent activity, or otherwise harm the Platform or its users.

Email change requests: Changes to the email address associated with your account must be requested by the account holder and can only be actioned by the Platform Webmaster. Users may submit email change requests to support@trackcapitalinc.com.

All content on the Platform — including but not limited to the Track Capital Inc. name and logo, the Fractal Runner visual identity, the Pacer AI brand, the CRL system, software, design, text, graphics, and data — is the exclusive intellectual property of Track Capital Inc. or its licensors and is protected by applicable copyright, trademark, and intellectual property laws.

You are granted a limited, non-exclusive, non-transferable, revocable licence to access and use the Platform for your personal, non-commercial purposes in accordance with these Terms.

You may not reproduce, distribute, modify, create derivative works of, publicly display, or commercially exploit any content from the Platform without the prior written consent of Track Capital Inc.

You retain ownership of any personal data and athletic performance data you submit to the Platform. By submitting data, you grant Track Capital Inc. a limited licence to use that data to provide and improve the Platform services, in accordance with our Privacy Policy.

Your use of the Platform is also governed by our Privacy Policy, which is incorporated into these Terms by reference. By using the Platform, you consent to the collection, use, and disclosure of your information as described in the Privacy Policy.

All user data is stored on servers located in the State of Florida, USA. Track Capital Inc. does not sell, rent, or trade your personal data to third parties for their marketing purposes.

Athletic performance data submitted to the Platform is used solely to provide and improve the Platform's services to you, unless you have explicitly opted in to sharing your data with third parties such as the Artists & Athletes affiliate programme.

Pacer AI is Track Capital Inc.'s artificial intelligence assistant. By using Pacer AI, you acknowledge and agree that:

• Pacer AI is a data analysis tool only. It is not a substitute for professional coaching, medical, legal, or financial advice;
• Pacer AI provides objective data and informational responses. It does not issue prescriptive instructions or guarantee outcomes;
• Pacer AI responses are generated by automated systems and may contain errors or inaccuracies. Users should verify material information independently;
• If Pacer AI detects keywords related to injury, mental distress, or legal or contractual matters, it will direct you to a human agent. This is a safety feature and does not constitute professional advice;
• Track Capital Inc. is not liable for any decisions made in reliance on Pacer AI responses.

You agree not to engage in any of the following conduct on or through the Platform:

• Violating any applicable local, state, national, or international law or regulation;
• Submitting false, misleading, or fraudulent information;
• Attempting to gain unauthorised access to any account, system, or network connected to the Platform;
• Transmitting any malware, viruses, or other harmful code;
• Scraping, harvesting, or otherwise collecting data from the Platform without authorisation;
• Harassing, threatening, or intimidating other users;
• Impersonating any person or entity, including Track Capital Inc. staff or Pacer AI;
• Using the Platform for any commercial purpose not expressly authorised by Track Capital Inc.;
• Attempting to reverse engineer, decompile, or disassemble any portion of the Platform.

Violations may result in immediate account suspension or termination, and may be reported to relevant law enforcement authorities.

THE PLATFORM IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.

Track Capital Inc. does not warrant that the Platform will be uninterrupted, error-free, or free of viruses or other harmful components.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, TRACK CAPITAL INC. SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM YOUR USE OF OR INABILITY TO USE THE PLATFORM.

In no event shall Track Capital Inc.'s total liability to you for all claims arising out of or relating to these Terms or your use of the Platform exceed the greater of (a) the amounts you have paid to Track Capital Inc. in the twelve months prior to the claim, or (b) one hundred US dollars (USD $100).

These Terms shall be governed by and construed in accordance with the laws of the State of Florida, United States of America, without regard to its conflict of law provisions.

Any dispute arising out of or relating to these Terms or your use of the Platform shall be subject to the exclusive jurisdiction of the state and federal courts located in Broward County, Florida, USA. You hereby consent to the personal jurisdiction of such courts.

Track Capital Inc. operates across the Caribbean region and recognises that users may be located in jurisdictions with differing consumer protection laws. To the extent that local mandatory consumer protection laws in your jurisdiction provide you with rights that cannot be waived by contract, those rights are not affected by these Terms.

If any provision of these Terms is found to be unenforceable, the remaining provisions will continue in full force and effect.

For questions, concerns, or notices relating to these Terms, please contact us through the appropriate channel:

• General support: support@trackcapitalinc.com
• Membership enquiries: membership@trackcapitalinc.com
• Legal notices: legal@trackcapitalinc.com
• Pacer AI feedback: pacer@trackcapitalinc.com

Registered address:
Track Capital Inc.
10396 West State Road 84, Suite 103
Davie, Florida 33324
United States of America

EIN: 27-3753898 · Filed: October 22, 2010 · Effective date of these Terms: April 22, 2026