Terms of Service

1. Acceptance of Terms

Welcome to GoKanic. These Terms of Service ("Terms") constitute a legally binding agreement between you and GoKanic ("we," "us," or "our") governing your access to and use of the GoKanic website, mobile application, and related services (collectively, the "Service").

By accessing or using the Service, you agree to be bound by these Terms and confirm that you are at least 13 years of age. If you do not agree to these Terms, you may not access or use the Service.

We reserve the right to modify these Terms at any time. We will notify you of material changes by updating the "Last Updated" date and, where appropriate, providing additional notice. Your continued use of the Service after any changes constitutes acceptance of the modified Terms.

2. Description of Service

GoKanic is a platform for the go-kart racing community. The Service enables racers to discover and connect with professional service providers (including mechanics, coaches, tuners, photographers, apparel vendors, and parts suppliers) at racing tracks. GoKanic also provides a peer-to-peer marketplace where users can buy and sell kart equipment, parts, and accessories, as well as personal race day management tools.

GoKanic acts solely as a platform facilitating connections between users. We are not a party to any transactions or agreements between users, and we do not endorse, guarantee, or assume responsibility for any services, items, or content listed on the platform.

3. User Eligibility and Accounts

3.1 Eligibility

You must be at least 13 years of age to use the Service. By using the Service, you represent and warrant that you are at least 13 years old. If you are under the age of majority in your jurisdiction, you represent that your parent or legal guardian has reviewed and agrees to these Terms on your behalf.

3.2 Account Registration

To access certain features of the Service, you must register for an account. You agree to:

• Provide accurate, current, and complete information during registration
• Maintain and promptly update your account information
• Maintain the security of your account credentials
• Notify us immediately of any unauthorized access to your account
• Accept responsibility for all activities that occur under your account

3.3 Account Termination

We reserve the right to suspend or terminate your account at any time for violation of these Terms, fraudulent activity, or any other reason at our sole discretion. You may delete your account at any time through the account settings within the mobile application or by contacting us at support@gokanic.com.

4. Vendor Responsibilities

If you register as a vendor on GoKanic, you agree to the following additional terms:

• You have the legal right and authority to offer the services you list
• Your service listings are accurate, complete, and not misleading
• You will maintain all necessary licenses, permits, and insurance for your services
• You will comply with all applicable laws and regulations in your jurisdiction
• You will respond promptly to customer inquiries and fulfill your service commitments
• You will handle customer data in accordance with applicable privacy laws
• You are solely responsible for collecting and remitting any applicable taxes

GoKanic does not verify vendor qualifications or the quality of services offered. Vendors are solely responsible for the services they provide.

5. Marketplace Terms

5.1 Overview

GoKanic provides a peer-to-peer marketplace where users can list kart equipment, parts, and accessories for sale. Sellers set their own prices and terms.

5.2 Transaction Disclaimer

5.3 User Responsibilities

• Sellers must provide accurate descriptions, images, pricing, and condition information
• Sellers must remove or update listings once an item is no longer available
• Buyers assume all risk associated with purchasing items from other users
• Users must comply with all applicable laws regarding the sale and purchase of goods

6. Subscriptions and Payments

6.1 Subscription Plans

GoKanic offers optional paid subscription plans that unlock additional features. Subscription details, including pricing and features, are displayed within the Service before purchase. Core features of GoKanic are available without a subscription.

6.2 Auto-Renewal

All subscriptions automatically renew at the end of each billing period unless cancelled before the renewal date. Your account will be charged for renewal within 24 hours prior to the end of the current period at the then-current subscription price.

6.3 Payment Processing

Subscription payments are processed by third-party payment processors. Your payment information is handled directly by these processors and is not stored by GoKanic. On iOS, subscriptions may be processed through Apple In-App Purchase and are subject to Apple's terms and conditions. Payment will be charged to your Apple ID account at confirmation of purchase.

6.4 Cancellation

You may cancel your subscription at any time. Upon cancellation, your subscription remains active until the end of the current billing period. For Apple In-App Purchase subscriptions, you can manage and cancel your subscriptions by going to your account settings on the App Store after purchase. For other subscriptions, manage via the subscription management portal accessible in your account settings. Refunds for Apple IAP subscriptions are handled by Apple per their refund policy.

7. Messaging

Users may send messages, including text and media, to other users through the Service. GoKanic stores messages to provide the messaging service and to enable notification delivery.

GoKanic reserves the right to review messages in connection with reports of abuse, harassment, or other violations of these Terms. Users may delete their own messages; however, GoKanic may retain certain data as required by law or for safety and fraud prevention purposes.

8. User-Generated Content and Moderation

8.1 User-Generated Content

Users may create and share content through the Service, including service listings, marketplace listings, reviews, ratings, photos, profile information, and messages.

8.2 Content Standards

User-generated content must not contain:

• Spam, unsolicited promotions, or commercial solicitation
• Offensive, obscene, defamatory, or hateful material
• Harassment, threats, or intimidation of other users
• Fraudulent, misleading, or deceptive content
• Personally identifiable information of others without their consent
• Content that infringes on the intellectual property rights of others
• Content that violates any applicable law or regulation

8.3 Reporting and Moderation

Users may report content they believe violates these Terms. GoKanic reviews reports and may take action including content removal, user warnings, or account suspension or termination. GoKanic reserves the right to remove any content at its sole discretion, with or without notice.

8.4 User Blocking

Users may block other users. Blocking prevents all communication between the users, including messaging and inquiries.

8.5 Content License

You retain ownership of content you submit to the Service. By submitting content, you grant GoKanic a worldwide, non-exclusive, royalty-free license to use, display, reproduce, and distribute your content in connection with operating and promoting the Service.

You represent and warrant that you have all necessary rights to the content you submit and that your content does not infringe on the rights of any third party.

9. Push Notifications

GoKanic may send push notifications to your mobile device for new messages, updates, and other service-related communications. You may disable push notifications at any time through your device settings.

10. Prohibited Conduct

When using the Service, you agree not to:

• Violate any applicable laws, regulations, or these Terms
• Infringe on the intellectual property rights of others
• Post false, misleading, or deceptive content
• Impersonate another person or entity
• Engage in fraud, scams, or deceptive practices
• Harass, abuse, or harm other users
• Post content that is defamatory, obscene, or offensive
• Post marketplace listings for items you do not own or do not intend to sell
• Use the messaging system to harass, spam, or solicit other users
• Submit false or malicious reports against other users or content
• Circumvent subscription features or access paid features without authorization
• Attempt to gain unauthorized access to the Service or other users' accounts
• Use automated means to access the Service without our permission
• Interfere with the proper functioning of the Service
• Collect or harvest user information without consent
• Use the Service for any illegal or unauthorized purpose

11. Intellectual Property

The Service, including its design, features, content, and technology, is owned by GoKanic and protected by copyright, trademark, and other intellectual property laws. You may not copy, modify, distribute, or create derivative works from any part of the Service without our express written permission.

12. Third-Party Services

The Service integrates with third-party services including authentication providers, payment processors, cloud infrastructure, email delivery, push notification services, and location services. These third-party services are governed by their own terms and privacy policies. A complete list of third-party services and their privacy policies is available in our Privacy Policy.

GoKanic is not responsible for the content, policies, or practices of third-party services. Your use of such services is at your own risk.

13. Disclaimers

To the fullest extent permitted by law, GoKanic disclaims all warranties, including:

• Warranties of merchantability, fitness for a particular purpose, and non-infringement
• Warranties that the Service will be uninterrupted, error-free, or secure
• Warranties regarding the accuracy, reliability, or completeness of any content
• Warranties regarding the quality, safety, legality, or availability of services or items listed by users

GoKanic does not endorse, verify, or guarantee any user, vendor, service, item, or transaction. You assume all risks associated with using the Service and interacting with other users.

Release of Claims Between Users

To the fullest extent permitted by law, you release GoKanic from any and all claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with disputes between you and one or more other users of the Service, including marketplace transactions, service engagements, and communications.

14. Limitation of Liability

To the fullest extent permitted by law, GoKanic and its officers, directors, employees, and agents shall not be liable for:

• Any indirect, incidental, special, consequential, or punitive damages
• Any loss of profits, revenue, data, or goodwill
• Any damages arising from your use of or inability to use the Service
• Any damages arising from any interaction with other users or vendors
• Any damages arising from marketplace transactions between users
• Any damages arising from unauthorized access to your account or data

In no event shall GoKanic's total liability exceed the greater of (a) the amount you paid to GoKanic in the twelve months preceding the claim, or (b) $100 CAD.

15. Indemnification

You agree to indemnify, defend, and hold harmless GoKanic and its officers, directors, employees, agents, and affiliates from any claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising from: (a) your use of the Service; (b) your violation of these Terms; (c) your violation of any rights of another party; (d) your content or services listed on the platform; or (e) any marketplace transaction you participate in.

16. Dispute Resolution

16.1 Informal Resolution

Before initiating any formal dispute resolution, you agree to first contact us at support@gokanic.com and attempt to resolve the dispute informally for at least 30 days.

16.2 Mandatory Binding Arbitration

If the dispute is not resolved informally, you and GoKanic agree that any dispute, claim, or controversy arising out of or relating to these Terms or the Service shall be resolved by binding individual arbitration, rather than in court, except that either party may bring claims in small claims court if eligible.

16.3 Class Action Waiver

16.4 Opt-Out

You may opt out of the arbitration and class action waiver provisions by sending written notice to support@gokanic.com within 30 days of creating your account. If you opt out, disputes will be resolved in court as described below.

16.5 Small Claims Exception

Either party may bring qualifying claims in small claims court in the jurisdiction where the defendant resides, provided the claim falls within the court's jurisdictional limits.

16.6 Governing Law and Jurisdiction

These Terms shall be governed by and construed in accordance with the laws of the Province of Ontario and the federal laws of Canada applicable therein, without regard to conflict of law principles. If the arbitration provision above does not apply, any disputes shall be subject to the exclusive jurisdiction of the courts located in Ontario, Canada.

17. Copyright and DMCA

GoKanic respects the intellectual property rights of others and expects users to do the same.

17.1 Takedown Notices

If you believe that content on GoKanic infringes your copyright, you may submit a takedown notice to our designated agent with the following information:

• Identification of the copyrighted work claimed to have been infringed
• Identification of the infringing material and its location on the Service
• Your contact information (name, address, phone number, email)
• A statement that you have a good faith belief that use of the material is not authorized
• A statement, under penalty of perjury, that the information in the notice is accurate and that you are the copyright owner or authorized to act on their behalf
• Your physical or electronic signature

Send notices to: support@gokanic.com with the subject line "DMCA Takedown Notice."

17.2 Counter-Notices

If you believe your content was removed in error, you may submit a counter-notice with: identification of the removed material, a statement under penalty of perjury that the material was removed by mistake, your contact information, and consent to the jurisdiction of the courts in Ontario, Canada.

17.3 Repeat Infringers

GoKanic will terminate the accounts of users who are repeat copyright infringers in appropriate circumstances.

18. Apple App Store Terms

If you access the Service through an Apple device, the following additional terms apply:

• These Terms are between you and GoKanic only, and not with Apple Inc. ("Apple"). GoKanic, not Apple, is solely responsible for the Service and its content.
• Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Service.
• In the event of any failure of the Service to conform to any applicable warranty, Apple's maximum liability is limited to the refund of the purchase price of the application, if any. GoKanic is solely responsible for any other claims, losses, liabilities, damages, costs, or expenses related to the Service.
• Apple is not responsible for addressing any claims relating to the Service, including product liability claims, consumer protection claims, or intellectual property infringement claims.
• You must comply with any applicable third-party terms when using the Service (e.g., your wireless data service agreement).
• Apple and Apple's subsidiaries are third-party beneficiaries of these Terms and, upon your acceptance, will have the right to enforce these Terms against you as a third-party beneficiary.

19. Termination

We may terminate or suspend your access to the Service at any time, with or without cause and with or without notice. Upon termination:

• Your right to access and use the Service will immediately cease
• We may delete your account and associated data
• Provisions of these Terms that should survive termination will remain in effect, including Sections 13-17

You may delete your account at any time through the account settings within the mobile application or by contacting us at support@gokanic.com.

19.1 Termination for Cause — No Refund

If your account is suspended or terminated by GoKanic due to a violation of these Terms — including but not limited to violations of the Content Standards (§8.2), Prohibited Conduct (§10), or any fraudulent activity — you forfeit any right to a refund of fees previously paid, including any unused portion of a prepaid subscription period. This forfeiture applies regardless of when in the billing period the termination occurs.

20. General Provisions

20.1 Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and GoKanic regarding the Service and supersede all prior agreements.

20.2 Severability

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

20.3 Waiver

Our failure to enforce any provision of these Terms shall not constitute a waiver of that provision or any other provision.

20.4 Assignment

You may not assign or transfer these Terms or your rights under them without our prior written consent. We may assign our rights and obligations under these Terms without restriction.

21. Contact Us

If you have any questions about these Terms, please contact us: