Last Updated: January 12, 2026
These Terms of Service ("Terms") constitute a legally binding agreement between you and Magic Spark Builders, LLC, a Delaware limited liability company ("Pitlandia," "we," "us," or "our"), concerning your access to and use of the Pitlandia mobile application and related services (collectively, the "Service").
By accessing or using the Service, you agree to be bound by these Terms. If you do not agree to these Terms, you may not access or use the Service.
You must be at least 16 years of age to use the Service. By using the Service, you represent and warrant that you are at least 16 years old and have the legal capacity to enter into these Terms.
If you are using the Service on behalf of an organization, you represent and warrant that you have the authority to bind that organization to these Terms.
To access certain features of the Service, you must register for an account. You agree to:
SMS Authentication: By registering, you consent to receive text messages (SMS) from Pitlandia to your mobile phone number for authentication and login purposes only. These messages will contain one-time passcodes and account security notifications. Standard message and data rates may apply. You may opt out of SMS login by discontinuing use of the Service.
You agree not to:
Service Content: All content, features, and functionality of the Service, including but not limited to text, graphics, logos, software, and design, are owned by Pitlandia or its licensors and are protected by copyright, trademark, and other intellectual property laws.
User-Submitted Content: By submitting race picks, predictions, comments, or any other content to the Service ("User Content"), you hereby assign and transfer to Pitlandia all right, title, and interest in and to such User Content, including all intellectual property rights therein. Pitlandia shall have the exclusive right to use, reproduce, modify, adapt, publish, distribute, and display such User Content in any manner and for any purpose without compensation to you.
You retain the right to delete your account, but previously submitted User Content (including race picks) may be retained by Pitlandia in anonymized form to maintain the integrity of historical leaderboards and statistical data.
The Service offers both free and paid features, including premium subscriptions and one-time purchases. By purchasing a subscription or paid feature, you agree to pay all applicable fees and charges.
Billing: Subscription fees are billed in advance on a recurring basis (e.g., monthly or annually) and will automatically renew unless you cancel your subscription before the renewal date. You authorize us to charge your payment method for all fees.
Price Changes: We reserve the right to change our pricing at any time. Price changes will not affect your current billing cycle but will apply to future renewals. We will provide reasonable notice of any price changes.
Cancellation: You may cancel your subscription at any time through your account settings or by contacting us at legal@pitlandia.com. Cancellation will take effect at the end of your current billing period, and you will retain access to paid features until that time.
All sales are final. Except as required by applicable law, all purchases of subscriptions, premium features, and in-app purchases are non-refundable. We do not provide refunds or credits for partial subscription periods or unused features.
In certain circumstances where required by law (such as consumer protection laws in your jurisdiction), we may provide refunds at our sole discretion. To request a refund under applicable law, contact us at legal@pitlandia.com within 7 days of your purchase.
Your Right to Terminate: You may terminate your account at any time by using the account deletion feature in the Service or by contacting us at legal@pitlandia.com. Upon termination, your access to the Service will cease immediately.
Our Right to Terminate: We reserve the right to suspend or terminate your access to the Service at any time, with or without cause, with or without notice, for any reason including but not limited to:
Effect of Termination: Upon termination, all rights granted to you under these Terms will immediately cease. We may retain anonymized User Content for historical leaderboard integrity. Paid subscription fees are non-refundable upon termination except as required by law.
THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR COURSE OF PERFORMANCE.
PITLANDIA DOES NOT WARRANT THAT:
You acknowledge that Pitlandia is a parody and entertainment service and that any race predictions, statistics, or leaderboards are for entertainment purposes only.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL PITLANDIA, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM:
IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL CLAIMS RELATING TO THE SERVICE EXCEED THE AMOUNT YOU PAID TO PITLANDIA IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM, OR ONE HUNDRED DOLLARS ($100), WHICHEVER IS GREATER.
Some jurisdictions do not allow the exclusion or limitation of certain damages, so some of the above limitations may not apply to you.
You agree to indemnify, defend, and hold harmless Pitlandia, its affiliates, officers, directors, employees, agents, and licensors from and against any and all claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising from:
PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR RIGHTS AND WILL HAVE A SUBSTANTIAL IMPACT ON HOW CLAIMS YOU AND PITLANDIA HAVE AGAINST EACH OTHER ARE RESOLVED.
Agreement to Arbitrate: You and Pitlandia agree that any dispute, claim, or controversy arising out of or relating to these Terms or the Service (collectively, "Disputes") will be settled by binding arbitration, except that each party retains the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of a party's copyrights, trademarks, trade secrets, patents, or other intellectual property rights.
Arbitration Rules: The arbitration will be administered by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules then in effect, except as modified by this Section. The AAA Rules are available at www.adr.org or by calling 1-800-778-7879.
Arbitration Process: The arbitration will be conducted by a single arbitrator. The arbitrator shall be bound by these Terms and shall have the authority to award any relief available in court. The arbitrator's decision will be final and binding, and judgment on the award may be entered in any court of competent jurisdiction.
CLASS ACTION WAIVER: YOU AND PITLANDIA AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Unless both you and Pitlandia agree otherwise, the arbitrator may not consolidate more than one person's claims and may not otherwise preside over any form of a representative or class proceeding.
Location: Any arbitration hearing will take place in Oakland, California, unless we agree otherwise. If you reside outside the United States, the arbitrator shall give the parties reasonable notice of the date, time, and place of any oral hearings.
Fees: Payment of all filing, administration, and arbitrator fees will be governed by the AAA Rules, unless otherwise stated in these Terms. If the value of your claim does not exceed $10,000, Pitlandia will pay all filing, administration, and arbitrator fees, provided your claim is not frivolous.
Opt-Out: You may opt out of this arbitration agreement by notifying Pitlandia in writing within 30 days of first accepting these Terms. Your opt-out notice must be sent to legal@pitlandia.com and include your name, address, and a clear statement that you wish to opt out of this arbitration agreement.
These Terms shall be governed by and construed in accordance with the laws of the State of Delaware, without regard to its conflict of law principles. To the extent arbitration does not apply, you agree to submit to the personal and exclusive jurisdiction of the state and federal courts located in Oakland, California.
We reserve the right to modify these Terms at any time. If we make material changes, we will notify you by email (if you have provided one) or by posting a notice on the Service prior to the effective date of the changes. Your continued use of the Service after the effective date of the revised Terms constitutes your acceptance of the changes.
If you do not agree to the modified Terms, you must stop using the Service and may terminate your account.
Entire Agreement: These Terms constitute the entire agreement between you and Pitlandia regarding the Service and supersede all prior agreements and understandings.
Severability: If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions will remain in full force and effect.
Waiver: No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term.
Assignment: You may not assign or transfer these Terms or your rights hereunder without our prior written consent. We may assign or transfer these Terms without restriction.
Force Majeure: Pitlandia shall not be liable for any failure or delay in performance due to causes beyond our reasonable control, including but not limited to acts of God, war, strikes, or Internet service failures.
If you have any questions about these Terms, please contact us:
Magic Spark Builders, LLC
1440 Broadway Ste 200-513
Oakland, CA 94612
United States
Email: legal@pitlandia.com
By using Pitlandia, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service.