Terms of Service

Dark Horse Stables Effective Date: 27 April 2026 Version: 2.4

1. Agreement to Terms

These Terms of Service ("Terms") constitute a binding legal agreement between you (the "User," "You," or "Club Member") and AI Brain Forge (ABN 45 453 612 253) ("Company," "We," "Us," or "Our"). By accessing, downloading, or using Dark Horse Stables ("the App"), you agree to be bound by these Terms. If you do not agree to any part of these Terms, you may not use the App.

2. Service Description

2.1 Overview

Dark Horse Stables is a mobile and web-based social fantasy-sport competition designed for groups of friends to participate in horse racing prediction competitions, track results, and compete for bragging rights within private clubs. Dark Horse Stables is not a gambling service. The App does not accept, facilitate, process, or settle wagers, bets, stakes, or any form of real-money gaming.

2.2 Key Features

2.3 Service Availability

We endeavor to maintain 99.5% uptime for the App. Scheduled maintenance will be announced with 48 hours' notice when possible. Emergency maintenance may occur without notice.

3. Club Membership and Participation

3.1 Club Types

3.2 Membership Terms

3.3 Club Administrator Rights

4. User Responsibilities and Acceptable Use

4.1 Account Creation

4.2 Acceptable Use

You agree to use the App only for lawful purposes and in accordance with these Terms. You agree NOT to: - Use the App to transmit viruses, malware, or harmful code - Attempt to gain unauthorized access to the App or systems - Reverse-engineer, decompile, or disassemble the App - Collect or harvest personal data without consent - Use the App for illegal activities or commercial promotions - Use the App to organise, promote, facilitate or settle any form of wagering, betting, sweepstake, or real-money pool outside the App - Misrepresent your identity or affiliation - Engage in harassment, abuse, or threatening behavior toward other members - Post or transmit defamatory, obscene, or discriminatory content - Share explicit or inappropriate material - Manipulate results, rig competitions, or engage in fraudulent practices - Spam or flood the app with repetitive messages - Attempt to circumvent age verification or access controls

4.3 Racing Content Responsibility

4.4 Competition Integrity

5. No Gambling, No Real-Money Pools

5.1 Not a Gambling Service

Dark Horse Stables is a social fantasy-sport competition for entertainment purposes. The App: - Does not accept entry fees, stakes, or wagers of any kind - Does not hold, pool, escrow, or distribute real money between users - Does not award cash, cash-equivalent, or redeemable-for-cash prizes - Does not constitute a "gambling service" or "interactive gambling service" under the Interactive Gambling Act 2001 (Cth), and is not offered as one

5.2 Competition Points

5.3 Club-Level Side Arrangements

Members may, outside the App, choose to reward the winner of a private club with informal gifts or trophies among friends. Any such arrangement: - Is made entirely between private club members, off-platform - Is not organised, hosted, endorsed, facilitated, or administered by AI Brain Forge - Must comply with all applicable Australian laws, including state and Commonwealth gambling, lottery, and consumer-protection laws - Is the sole responsibility of the members involved, and AI Brain Forge accepts no liability for it

5.4 Cosmetic Items

The App includes a cosmetic store. Cosmetic items (silks, badges, effects, emotes, flair, themes and similar) are unlocked directly by in-app purchase or earned in-app — the App has no virtual currency, wallet, coin or token balance. Cosmetic items: - May be earned in-app or purchased via in-app purchase (see Section 6) - Are a limited, personal, non-transferable, revocable licence to use in-app cosmetic features - Have no monetary value, cannot be redeemed for cash, and cannot be transferred between accounts

6. Paid Features and In-App Purchases

6.1 Paid Features

Some features of the App may be offered on a paid basis, including optional premium tiers and cosmetic packs purchased through in-app purchase ("IAP").

6.2 Payment Processing

6.3 Subscriptions and Auto-Renewal

As of the effective date of this version, Dark Horse Stables does not offer any subscription products. All in-app purchases are non-consumable, one-time unlocks (the Stable Owner unlock and a small set of cosmetic packs). Each purchase grants a permanent account-level entitlement that can be restored on a new device through Apple or Google's standard restore-purchases flow.

Should we introduce a subscription product in the future: - The subscription will automatically renew at the end of each billing period unless cancelled at least 24 hours before the end of the current period - You can manage and cancel subscriptions in your Apple ID or Google Play account settings - Cancelling a subscription stops future renewals; access to paid features continues until the end of the current paid period - We will update these Terms before any subscription product becomes available, and notify you in-app

6.4 Refunds

6.5 Price Changes

We may change the price of paid features or subscriptions. Price changes for an active subscription will take effect at the next renewal and will be notified in accordance with platform rules.

7. Intellectual Property Rights

7.1 Ownership

The App, including all software, source code, design, graphics, and documentation, is the exclusive property of AI Brain Forge and is protected by copyright and intellectual property laws.

7.2 Licence Grant

We grant you a limited, non-exclusive, non-transferable, revocable licence to use the App for personal entertainment and club competition purposes only, subject to these Terms.

7.3 Restrictions

You may not: - Copy, modify, or create derivative works - Sell, licence, or redistribute the App - Remove copyright or proprietary notices - Use the App to develop competing services - Reverse-engineer or attempt to extract source code

7.4 Your Content

You retain ownership of any messages, comments, or picks you post in the App. By posting content, you grant us a worldwide, royalty-free licence to store, display, and use it within the App to provide the service, and to display it to other club members as part of the competition platform.

7.5 User-Generated Content

8. Warranties and Disclaimers

8.1 As-Is Basis

Subject to Section 8.4 and Section 15, the App is provided on an "as-is" and "as-available" basis. We make no warranties about: - The suitability for a particular purpose - Uninterrupted service availability - Freedom from errors or bugs - The accuracy of race data, field information, or results - The integrity of competition scoring

8.2 No Warranty of Fitness

We do not warrant that the App will meet your specific entertainment requirements or that it will operate uninterrupted or error-free.

8.3 Race Data Accuracy

8.4 Australian Consumer Law

Nothing in these Terms excludes, restricts, or modifies any consumer guarantee, right, or remedy conferred by the Australian Consumer Law (Schedule 2, Competition and Consumer Act 2010 (Cth)) or any other law which cannot be lawfully excluded.

9. Limitation of Liability

9.1 Limitation

To the maximum extent permitted by law, and subject to Section 8.4, AI Brain Forge is not liable for: - Loss of profits, revenue, or business opportunities - Loss of data or corruption of data - Indirect, incidental, or consequential damages - Damages arising from service interruptions - Errors in competition scoring or race results - Third-party claims or actions - Disputes between club members or administrators - Any losses associated with real-money arrangements made by club members off-platform (see Section 5.3)

9.2 Cap on Liability

To the maximum extent permitted by law, our total liability to you in aggregate shall not exceed the greater of (a) the total amount you have paid to us through in-app purchase in the 12 months preceding the claim, or (b) AUD $100.

10. Indemnification

You agree to indemnify and hold harmless AI Brain Forge from any claims, damages, or losses arising from: - Your violation of these Terms - Your use of the App in violation of law - Content you post or share in the App - Any off-platform real-money arrangements you enter into with other members - Third-party claims related to your account activities - Your breach of club rules or other members' rights

11. Termination and Suspension

11.1 Termination by You

You may terminate your account at any time by: - Accessing your account settings and selecting "Delete Account" - Sending written notice to: support@aibrainforge.com.au - Account deletion is permanent and cannot be reversed - Cancelling any active subscription must be done through Apple or Google as described in Section 6.3

11.2 Termination by Us

We may suspend or terminate your account immediately if: - You violate these Terms or applicable laws - You engage in fraudulent or manipulative activity - You use the App to facilitate real-money wagering in breach of Section 4.2 or Section 5 - You harass, abuse, or threaten other members - You repeatedly violate club rules - You breach data security requirements - We determine the account poses a risk to our services

11.3 Effects of Termination

12. Data Export and Portability

12.1 Right to Export

Upon request and within 30 days, we will provide your personal data in a standard format (CSV or JSON) suitable for import into other systems.

12.2 Data Deletion

Upon account termination, you have 30 days to request a complete data export. After 30 days, data is permanently deleted, except where we are required to retain it by law.

13. Confidentiality

13.1 Your Information

We treat your account information as confidential and will handle it in accordance with our Privacy Policy.

13.2 Club Information

Competition picks and results are visible to other club members as part of the platform's functionality. You should not expect privacy within your club regarding your picks and competition activity.

13.3 Our Confidential Information

You agree to keep our trade secrets, source code, and business information confidential.

14. Changes to Terms and Service

14.1 Changes to Terms

We may modify these Terms at any time. Changes take effect upon posting to the App with a revised "Effective Date." Material changes will be communicated via email or in-app notice at least 30 days in advance where practicable.

14.2 Changes to Service

We may modify or discontinue features with reasonable notice.

15. Dispute Resolution

15.1 Governing Law

These Terms are governed by and construed in accordance with the laws of the State of New South Wales, Australia, without regard to conflicts of law principles.

15.2 Jurisdiction

Both parties agree to submit to the exclusive jurisdiction of the courts of New South Wales for any dispute arising from these Terms.

15.3 Informal Resolution

Before initiating formal proceedings, the parties agree to attempt to resolve disputes through good faith negotiation.

15.4 Club Disputes

Disputes between club members or regarding club administration should be escalated to club administrators first. AI Brain Forge is not responsible for resolving club-level disputes.

15.5 Complaints

For service complaints, contact: support@aibrainforge.com.au

16. Australian Consumer Law Compliance

16.1 Consumer Rights

If you acquire the App as a consumer under Australian Consumer Law, you have statutory guarantees that cannot be excluded, including: - Right to goods and services of acceptable quality - Right to goods and services fit for purpose - Right to repair, replacement, or refund of defective goods or services

16.2 Remedy for Breaches

If the App fails to comply with consumer guarantees, we will repair, replace, or refund the service in accordance with Australian Consumer Law.

17. Support and Contact

17.1 Technical Support

Support is available via: - Email: support@aibrainforge.com.au - Response time: Within 2 business days for normal inquiries

17.2 Feature Requests

We welcome feedback and suggestions through our in-app feedback mechanism.

18. Entire Agreement

These Terms, together with our Privacy Policy and any other policies referenced in the App, constitute the entire agreement between you and us and supersede all prior agreements, understandings, and negotiations.

19. Severability

If any provision of these Terms is found to be unenforceable, that provision will be modified to the minimum extent necessary to make it enforceable, and the remaining Terms will remain in full effect.

20. Waiver

Our failure to enforce any provision of these Terms does not constitute a waiver of that provision or the right to enforce it in the future.

21. Acknowledgment

By using Dark Horse Stables, you acknowledge that: - You have read and understood these Terms of Service - You agree to be bound by them - You are at least 18 years of age - You have the authority to enter into this agreement - You will comply with all applicable laws and regulations - You understand this is a social fantasy-sport competition for entertainment purposes only, and not a gambling service


Questions? If you have any questions about these Terms of Service, please contact:

AI Brain Forge Email: legal@aibrainforge.com.au

Last Updated: 27 April 2026 Version: 2.4