Terms of Service

1. Eligibility

1.1 You must be at least 18 years old to use the Service. By using the Service, you represent that you are 18 or older.

1.2 You must be located in, or a resident of, a jurisdiction where use of the Service is lawful. You are solely responsible for ensuring your access complies with applicable law in your jurisdiction.

1.3 We may require you to verify your age or identity through a third-party identity verification service. Providing false information as to your age or identity is a material breach of these Terms and grounds for immediate termination without refund.

1.4 We may restrict access from any jurisdiction, or block IP ranges, where we reasonably consider that the Service may not lawfully be offered.

1.5 BetStop and self-exclusion. The National Self-Exclusion Register (“BetStop”) applies to licensed Australian wagering service providers. TurfIntel is not a wagering service provider, and BetStop registration does not automatically block access to the Service. If you are currently registered on BetStop or subject to any self-exclusion order from a licensed wagering operator, we strongly recommend you do not subscribe. We may suspend accounts we reasonably believe are being used to circumvent such exclusion.

2. Nature of the Service - Information Only

2.1 TurfIntel is an information, analytics, and commentary platform. We publish racing data, comparative runner rankings, statistical outputs, modelled ratings, analytical commentary, and AI-generated analysis relating to Australian thoroughbred horse racing.

2.2 TurfIntel provides racing intelligence and analysis. We do not accept bets, place bets on your behalf, hold customer funds, or facilitate wagering transactions.

2.3 Comparative runner rankings reflect the model’s assessment of available racing information. They are provided with analytical commentary to help you compare runners and understand race factors. Rankings do not guarantee race outcomes and are not instructions to place a bet or stake a particular amount.

2.4 All content provided through the Service - including data, comparative runner rankings, statistical outputs, modelled ratings, analytical commentary, and AI-generated analysis - is for general informational, educational, and entertainment purposes only. It does not constitute:

• (a) financial advice, financial product advice, or a financial service within the meaning of Chapter 7 of the Corporations Act 2001 (Cth);
• (b) wagering advice, tipping, or any form of betting recommendation; or
• (c) a professional recommendation of any kind.

2.5 You acknowledge and agree that:

• (a) past performance of any horse, jockey, trainer, model, strategy, or analytical output is not indicative of future results;
• (b) horse racing outcomes are inherently uncertain and cannot be reliably predicted;
• (c) any decision to place a wager is solely and exclusively yours; and
• (d) the Service is provided on an “as is” basis, subject to clause 10, with no guarantee of accuracy, completeness, timeliness, or profitability.

3. Responsible Gambling

3.1 Gambling involves risk. You may lose money. Only gamble with money you can afford to lose.

3.2 If you choose to use information from the Service to inform wagering decisions, you do so entirely at your own risk. Subject to clause 10, TurfIntel accepts no responsibility for any financial, personal, or other loss you may incur from such decisions.

3.3 If you believe you may have a gambling problem, or gambling is having a negative impact on your life or the lives of others, free confidential help is available:

• Gambling Help Online: 1800 858 858 | gamblinghelponline.org.au
• Lifeline: 13 11 14

4. No Gambling Advertising or Affiliate Relationships

4.1 As at the Last Updated date, TurfIntel does not receive affiliate revenue, referral fees, commissions, rebates, or other paid consideration from any licensed wagering operator, bookmaker, or betting exchange in exchange for preferential, promotional, or any editorial treatment of wagering products.

4.2 The Service does not constitute “gambling advertising” within the meaning of the Interactive Gambling Act 2001 (Cth), the National Consumer Protection Framework for Online Wagering, or any equivalent State or Territory regime.

4.3 If the Service at any time contains paid advertising of a licensed wagering operator, that content will be clearly and conspicuously labelled as an advertisement. We will update this clause 4 if our affiliate or advertising arrangements change materially.

5. AI-Generated Content

5.1 Portions of the Service use third-party artificial intelligence models to generate analysis, summaries, and commentary (“AI Content”). AI Content is labelled or otherwise identified where reasonably practicable.

5.2 You acknowledge that AI Content may be inaccurate, incomplete, biased, outdated, or fabricated (including so-called “hallucinated” outputs), and that we do not independently verify every output. You must not rely on AI Content as the sole basis for any decision, including any wagering decision.

5.3 You must not use AI Content in any manner that would breach the terms applicable to the underlying third-party model provider(s) we use from time to time. In particular, you must not use AI Content to train any competing AI model.

5.4 Subject to clause 10, we exclude to the maximum extent permitted by law all liability for loss arising from your reliance on AI Content.

6. Accounts

6.1 To access subscription features, you must register an account and provide accurate, current, and complete information.

6.2 You are responsible for keeping your account credentials confidential and for all activity that occurs under your account. You must notify us immediately at support@turfintel.ai of any unauthorised use.

6.3 Accounts are personal to you. You may not share, transfer, or sublicense your account.

6.4 We may suspend or close accounts that we reasonably believe have been used in breach of these Terms, applicable law, or to harm TurfIntel, other users, or third parties. Termination for cause is dealt with in clause 15.

7. Subscriptions, Billing, and Refunds

7.1 Access to certain features requires a paid subscription. Fees, billing frequency, and included features are displayed at the point of purchase and are inclusive of GST unless stated otherwise.

7.2 Subscriptions are billed in advance and automatically renew at the end of each billing period unless you cancel before the renewal date.

7.3 All payments are processed by our payment processor, Stripe. By subscribing, you agree to be bound by Stripe’s terms of service and privacy policy. TurfIntel does not store your card details.

7.4 Refunds and cancellations are governed by our Cancellation Policy. Except as required by the Australian Consumer Law or other non-excludable law, fees are non-refundable.

7.5 Nothing in this clause limits your rights under the Australian Consumer Law, including rights to a refund, repair, or replacement where a consumer guarantee is not met. For further information, see the ACCC guidance at accc.gov.au.

7.6 Price changes. We may change subscription fees on at least thirty (30) days’ written notice to your registered email address. If you do not accept a price increase, you may cancel before the increase takes effect and receive a pro-rata refund of prepaid fees for any unused portion of the then-current billing period.

7.7 Free trial. New users may be eligible for a one-time free trial that provides access to subscription features for seven (7) days or ten (10) race analyses, whichever occurs first. No payment card is required to start the trial; race analyses do not carry over, and the trial ends automatically when either limit is reached. The trial is limited to one per person, and we may decline or revoke trials we reasonably determine to be duplicate or abusive. After the trial ends you may subscribe to continue access, and you will not be charged unless and until you choose to subscribe.

8. Acceptable Use

8.1 You must not:

• (a) use the Service for any unlawful purpose or in breach of any applicable law (including gambling, tax, and anti-money-laundering laws);
• (b) share, resell, sublicense, redistribute, or commercially exploit the Service or its content;
• (c) scrape, crawl, harvest, or otherwise extract data from the Service by automated means;
• (d) reverse engineer, decompile, or attempt to derive source code from the Service;
• (e) interfere with the operation, security, or integrity of the Service, or probe for vulnerabilities without our prior written authorisation;
• (f) impersonate any person or misrepresent your affiliation;
• (g) use the Service to facilitate, promote, or market any illegal gambling, betting exchange, or unlicensed wagering operation;
• (h) use the Service to harass, abuse, defame, or harm any other person; or
• (i) republish, retransmit, rebroadcast, or otherwise redistribute Service content (including on Discord servers, Telegram channels, X/Twitter threads, SMS groups, or similar) in a manner that holds the content out as “tips”, “selections”, or a tipping or racing-information service.

8.2 Nothing in clause 8.1 restricts conduct expressly permitted by the Copyright Act 1968 (Cth) or other applicable law.

8.3 Breach of this clause 8 is grounds for immediate termination under clause 15 without refund.

9. Intellectual Property

9.1 All content, data, software, design, branding, and other materials comprising the Service (the “TurfIntel IP”) are owned by TurfIntel or our licensors and are protected by Australian and international copyright, trademark, and other intellectual property laws.

9.2 We grant you a limited, non-exclusive, non-transferable, revocable licence to access and use the Service for your personal, non-commercial use, subject to these Terms.

9.3 User content. You retain ownership of any content you submit to the Service (“User Content”). You grant us a worldwide, royalty-free, non-exclusive licence to host, reproduce, adapt, and display your User Content solely to the extent necessary to operate, secure, and improve the Service. This licence continues for as long as we retain the content in accordance with our Privacy Policy and any legal retention obligation, and terminates when the content is deleted except where we must retain it to comply with law.

9.4 We will not use your User Content to train any third-party AI model without your express consent. We may use aggregated, de-identified metrics derived from your use of the Service to improve the Service.

10. Consumer Guarantees, Disclaimers, and Limitation of Liability

10A. Consumer guarantees

10A.1 Certain rights and guarantees under the Australian Consumer Law (Schedule 2 of the Competition and Consumer Act 2010 (Cth)) and other laws cannot lawfully be excluded, restricted, or modified. Nothing in these Terms does, or attempts to do, so.

10A.2 Where our liability for breach of a consumer guarantee can be limited (but not excluded), our liability is limited, at our option, to:

• (a) re-supplying the Service; or
• (b) refunding the fees paid by you for the affected subscription period.

10B. Disclaimers

10B.1 Subject to clause 10A, and to the maximum extent permitted by law, the Service and all content are provided “as is” and “as available”, without warranties of any kind, whether express or implied, including as to merchantability, fitness for purpose, accuracy, timeliness, profitability, or non-infringement.

10B.2 We do not warrant that the Service will be uninterrupted, error-free, timely, secure, or virus-free, or that any content will be accurate, complete, or reliable.

10C. Limitation of liability

10C.1 Subject to clause 10A, to the maximum extent permitted by law, TurfIntel, its directors, officers, employees, contractors, and agents will not be liable to you for any:

• (a) indirect, incidental, special, consequential, exemplary, or punitive damages;
• (b) loss of profits, revenue, savings, goodwill, data, or business opportunity;
• (c) losses, costs, or damages arising from wagering, betting, or gambling activity of any kind, whether or not such activity was informed by content from the Service; or
• (d) losses arising from reliance on any content, statistical output, modelled rating, analytical commentary, or AI Content provided through the Service,

however caused (including by our negligence) and even if TurfIntel was advised of the possibility of such loss.

10C.2 Subject to clause 10A, TurfIntel’s aggregate liability to you arising out of or in connection with the Service or these Terms is limited to the total fees paid by you to TurfIntel in the twelve (12) months immediately preceding the event giving rise to the claim.

10C.3 Nothing in clause 10B or 10C excludes or limits liability for: (a) fraud or fraudulent misrepresentation; (b) conduct that contravenes section 18 or section 29 of the Australian Consumer Law; or (c) any other liability that cannot lawfully be excluded.

11. Indemnity

11.1 You indemnify TurfIntel and its directors, officers, employees, and contractors against any loss, damage, cost, or expense (including reasonable legal costs on a party-and-party basis) to the extent arising out of or in connection with:

• (a) your fraudulent, unlawful, or wilfully wrongful conduct;
• (b) your material breach of clause 8 (Acceptable Use);
• (c) infringement of a third party’s intellectual property rights by User Content you submit; or
• (d) your breach of gambling, tax, or anti-money-laundering laws.

11.2 The indemnity in clause 11.1 does not apply to the extent loss is caused or contributed to by TurfIntel’s own breach of these Terms, negligence, or wilful misconduct.

11.3 As a condition of this indemnity, we must:

• (a) promptly notify you of the claim;
• (b) allow you to assume the defence with counsel reasonably acceptable to us; and
• (c) reasonably mitigate the loss.

12. Privacy and Data Breaches

12.1 Our collection, use, and disclosure of your personal information is governed by our Privacy Policy. By using the Service, you consent to the handling of your personal information in accordance with the Privacy Policy.

12.2 We handle personal information in accordance with the Privacy Act 1988 (Cth) and the Australian Privacy Principles.

12.3 Where an eligible data breach occurs under Part IIIC of the Privacy Act 1988 (Cth), we will notify affected individuals and the Office of the Australian Information Commissioner as required by law.

13. Third-Party Services

13.1 The Service integrates with or links to third-party services, including (without limitation) Stripe (payments), Supabase (infrastructure), and third-party AI providers.

13.2 We do not control and are not responsible for the availability, accuracy, or content of third-party services. Your use of those services is governed by their own terms, which you should review.

14. Complaints and Dispute Resolution

14.1 If you have a complaint about the Service, email support@turfintel.ai with a description of the issue.

14.2 We will:

• (a) acknowledge your complaint within five (5) business days;
• (b) aim to resolve it within thirty (30) days; and
• (c) keep you reasonably informed of progress.

14.3 If the complaint is not resolved to your satisfaction, you may refer the matter to the Australian Competition and Consumer Commission, Consumer Affairs Victoria, or commence proceedings in a court of competent jurisdiction. Neither party is required to engage in mediation or arbitration before commencing proceedings, but both parties agree to consider reasonable alternative dispute resolution proposals in good faith.

15. Suspension and Termination

15.1 For cause. We may suspend or terminate your access immediately, with or without notice, if:

• (a) you are in material breach of these Terms;
• (b) we reasonably suspect fraud, abuse, or security risk; or
• (c) we are required to do so to comply with law or a regulatory direction.

15.2 For convenience. We may terminate your account for convenience on thirty (30) days’ written notice, in which case we will refund the unused portion of any prepaid subscription fees on a pro-rata basis.

15.3 You may cancel subscription renewal at any time. Cancellation keeps paid access available until the end of the current billing period and does not close your account. To close your account, contact support@turfintel.ai. We verify the request and handle closure through our support procedure, as explained in our Cancellation Policy and Privacy Policy.

15.4 Clauses that by their nature should survive termination - including clauses 9 (IP), 10 (Consumer guarantees, disclaimers, and limitation of liability), 11 (Indemnity), 12 (Privacy), 14 (Complaints), 16 (Changes), 17 (Governing law), and 18 (General) - survive termination.

16. Changes to the Terms

16.1 We may change these Terms from time to time.

16.2 For changes that materially reduce your rights or increase your obligations, we will give you at least thirty (30) days’ prior written notice by email to your registered address.

16.3 If you do not accept a material change, you may terminate your subscription before the change takes effect and receive a pro-rata refund of prepaid fees for the unused portion of the then-current billing period.

16.4 Non-material changes (for example, clarifications or contact updates) take effect on posting, with the “Last Updated” date amended accordingly.

17. Governing Law and Jurisdiction

17.1 These Terms are governed by the laws of the State of Victoria, Australia.

17.2 Each party irrevocably submits to the exclusive jurisdiction of the courts of the State of Victoria and the Commonwealth of Australia.

18. General

18.1 Entire agreement. These Terms, together with the Privacy Policy and the Cancellation Policy, constitute the entire agreement between the parties in relation to the Service, other than (a) rights and remedies that cannot lawfully be excluded; and (b) any express written agreement signed by an authorised officer of TurfIntel.

18.2 No waiver. A failure or delay in enforcing any provision is not a waiver of that provision.

18.3 Severability. If any provision is held invalid or unenforceable, the remaining provisions remain in full force, and the invalid provision will be read down to the minimum extent necessary to preserve its enforceability.

18.4 Assignment. You may not assign your rights or obligations under these Terms without our written consent. We may assign these Terms in connection with a merger, acquisition, corporate restructure, or sale of substantially all of our assets.

18.5 No agency. Nothing in these Terms creates a partnership, joint venture, agency, or employment relationship.

18.6 Force majeure. Neither party is liable for any failure or delay in performance (other than a payment obligation) to the extent caused by events beyond its reasonable control, including natural disasters, pandemics, failure of third-party infrastructure, cyber-attack, or government action. The affected party must mitigate and resume performance as soon as practicable.

19. Contact

For questions about these Terms, or to raise a complaint:

Email: support@turfintel.ai

Entity: Turf Kings Interactive Pty Ltd ACN 697 487 719, ABN 13 697 487 719, trading as TurfIntel, incorporated in Victoria, Australia.