Terms of Service

MotoGust.com

Effective Date: July 18, 2026 Last Updated: July 18, 2026

1. Introduction and Acceptance of These Terms

Welcome to MotoGust. These Terms of Service (the "Terms") govern your access to and use of the website located at MotoGust.com, together with any related subdomains, mobile or desktop applications, community forums, chat features, content feeds, and other online services that link to or reference these Terms (collectively, the "Service").

The Service is operated by DiscoverySmith LLC, an Illinois limited liability company ("DiscoverySmith," "MotoGust," "we," "us," or "our"). MotoGust.com is a property and brand of DiscoverySmith LLC.

These Terms are a binding legal agreement between you and DiscoverySmith LLC. By accessing or using the Service, creating an account, uploading or sharing content, participating in chat or community discussions, or otherwise interacting with the Service, you agree to be bound by these Terms and by our Privacy Policy, which is incorporated by reference. If you do not agree to these Terms, do not access or use the Service.

Please read Section 15 (Binding Arbitration and Class Action Waiver) carefully. It affects your legal rights and requires that most disputes between you and us be resolved through individual arbitration rather than in court.

2. Changes to These Terms

We may modify these Terms from time to time to reflect changes in the Service, in the law, or in our business practices. When we make material changes, we will update the "Last Updated" date above and, where appropriate, provide additional notice (such as a statement on the Service or a message to the email address associated with your account). Changes become effective when posted unless we state otherwise.

Your continued use of the Service after changes take effect constitutes your acceptance of the revised Terms. If you do not agree to the revised Terms, you must stop using the Service and may close your account.

3. Eligibility and Age Requirements

The Service is intended for a general audience of motorsport enthusiasts. To create an account or use interactive features (such as uploading content or participating in chat), you must meet the minimum age requirements described below.

Minimum age. You must be at least 13 years old to create an account or use the interactive features of the Service. Users under 13 are not permitted to register, upload content, or participate in community or chat features.

Users between 13 and the age of majority. If you are at least 13 but under the age of legal majority in your place of residence (18 in most U.S. states), you may use the Service only with the involvement, supervision, and consent of a parent or legal guardian, who agrees to be bound by these Terms on your behalf. A parent or guardian who allows a minor to use the Service is responsible for that minor's activity on the Service.

Local law. You are responsible for ensuring that your use of the Service is permitted under the laws of the country, state, or other jurisdiction in which you reside. If the law of your jurisdiction requires a higher minimum age to use an online service or to consent to the processing of your personal data, then that higher age applies to you, and you may use the Service only if you meet that age or have the required parental or guardian consent. By using the Service, you represent that you meet the applicable age requirements and that you have the legal capacity to enter into these Terms.

Accuracy of age. You agree not to misrepresent your age. We may suspend or terminate any account we reasonably believe belongs to a person who does not meet these age requirements. If you believe a child under 13 has provided us personal information, please contact us using the details in Section 20 so that we can take appropriate action.

4. Your Account

Some features of the Service require you to create an account. When you register, you agree to provide accurate, current, and complete information and to keep that information up to date.

You are responsible for safeguarding your login credentials and for all activity that occurs under your account. You agree not to share your password, let anyone else access your account, or do anything that might jeopardize the security of your account. Notify us promptly at the contact address in Section 20 if you suspect any unauthorized use of your account or any other breach of security.

We reserve the right to reclaim or require you to change a username, to refuse registration, or to cancel an account, in our reasonable discretion, including where a username is inappropriate, infringes the rights of others, or impersonates another person.

5. Permissible Use of the Service

You may access and use the Service only for lawful purposes and in accordance with these Terms. We grant you a limited, personal, non-exclusive, non-transferable, revocable license to access and use the Service for your own personal, non-commercial enjoyment of motorsport news, schedules, results, standings, community discussion, and related features, subject to your compliance with these Terms.

5.1 Acceptable Use

When using the Service, you agree to:

Comply with all applicable local, state, national, and international laws and regulations, including those relating to intellectual property, privacy, data protection, export control, and sanctions;
Respect the rights of others, including their privacy, publicity, and intellectual property rights;
Use the community, chat, and content-sharing features respectfully and in good faith; and
Provide accurate information and not impersonate any person or entity or misrepresent your affiliation with any person or entity.

5.2 Prohibited Conduct

You agree that you will not, and will not attempt to, and will not assist or permit any person to:

Use the Service in any way that violates any applicable law or regulation, or that promotes any illegal or harmful activity;
Upload, post, share, transmit, or otherwise make available any content that is unlawful, defamatory, libelous, harassing, abusive, threatening, hateful, obscene, sexually explicit, pornographic, invasive of another's privacy, or otherwise objectionable;
Post content that sexualizes, endangers, or exploits minors in any way;
Harass, bully, stalk, intimidate, or threaten any other user or any DiscoverySmith personnel;
Post or transmit spam, chain letters, pyramid schemes, or unsolicited advertising or promotional material, or use the Service to send bulk or automated messages;
Upload or transmit any viruses, malware, worms, time bombs, or other malicious or harmful code, or otherwise interfere with or disrupt the integrity or performance of the Service;
Attempt to gain unauthorized access to the Service, other users' accounts, or any systems or networks connected to the Service, or breach or circumvent any security or authentication measures;
Reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code of any part of the Service, except to the extent this restriction is prohibited by applicable law;
Use any robot, spider, scraper, or other automated means to access, monitor, copy, or harvest content or data from the Service without our prior written permission;
Frame, mirror, or otherwise incorporate any part of the Service into another website or service without our prior written permission;
Collect or store personal data about other users without their consent;
Misrepresent the source, ownership, or authorship of any content, or remove, obscure, or alter any proprietary notices;
Use the Service for any commercial purpose (including advertising, solicitation, or sale of goods or services) without our prior written consent; or
Encourage, enable, or induce any other person to do any of the foregoing.

5.3 Don't Abuse Our Services or Systems

Most people who access or use the Service understand the general rules that keep the internet safe and open. Unfortunately, a small number of people don't respect those rules, so we're describing them here to protect the Service and our users from abuse. In that spirit, you must not abuse, harm, interfere with, or disrupt the Service or our systems — for example, by:

introducing malware;
spamming, hacking, or bypassing our systems or protective measures;
accessing or using the Service or its content in fraudulent or deceptive ways, such as:
- phishing;
- creating fake accounts or content, including fake reviews;
- misleading others into thinking that generative AI content was created by a human;
- providing services that appear to originate from you (or someone else) when they actually originate from us;
- providing services that appear to originate from us when they do not;
using the Service (including the content it provides) to violate anyone's legal rights, such as intellectual property or privacy rights;
reverse engineering the Service or its underlying technology, such as our machine learning models, to extract trade secrets or other proprietary information, except as allowed by applicable law;
using automated means to access content from the Service in violation of the machine-readable instructions on our web pages (for example, robots.txt files that disallow crawling, training, or other activities);
using AI-generated content from the Service to develop machine learning models or related AI technology;
hiding or misrepresenting who you are in order to violate these Terms; or
providing services that encourage others to violate these Terms.

We reserve the right, but are not obligated, to monitor use of the Service and to investigate and take appropriate action against anyone who, in our sole discretion, violates these Terms, including removing content, suspending or terminating accounts, and reporting activity to law enforcement.

6. User Content

The Service allows registered users to create, upload, post, share, store, and transmit content, including text, images, comments, chat messages, forum posts, links, and other materials (collectively, "User Content"). This Section explains who owns User Content and the rights you grant us when you share it.

6.1 Ownership of Your Content

You retain ownership of any intellectual property rights that you hold in your User Content. We do not claim ownership of your User Content. These Terms do not transfer any ownership of your User Content to us.

6.2 License You Grant to Us

To operate, provide, and promote the Service, we need your permission to use the User Content you share. When you upload, post, share, or otherwise make User Content available through the Service, you grant DiscoverySmith LLC a worldwide, non-exclusive, royalty-free, sublicensable, and transferable license to host, store, cache, reproduce, publish, display, perform, distribute, modify (for example, to reformat for different devices), create derivative works of, and otherwise use that User Content, in whole or in part, for the limited purposes of operating, developing, providing, improving, and promoting the Service.

This license exists only for as long as your User Content is available on the Service (and for a reasonable period afterward to allow for removal from backups and caches), except that content you have shared with others who have copied or re-shared it, or content we are required to retain by law, may persist. You may remove your User Content at any time by deleting it, subject to these limitations.

The rights you grant in this license are for the limited purposes described above. This means, for example, that we may display your forum post to other users, include your community contribution in a feed, or feature public User Content in materials that promote the Service.

6.3 Your Representations About Your Content

You are solely responsible for your User Content and the consequences of sharing it. By making any User Content available, you represent and warrant that:

You own or have obtained all rights, licenses, consents, and permissions necessary to grant the license in Section 6.2 and to make the User Content available on the Service;
Your User Content, and our use of it in accordance with these Terms, does not and will not infringe, misappropriate, or violate any third party's intellectual property rights, privacy or publicity rights, or any applicable law or regulation; and
Your User Content does not violate the acceptable use requirements in Section 5.

6.4 Our Right to Remove Content

We are not obligated to host, store, display, or continue to make available any User Content. We may, in our sole discretion and without notice, refuse, remove, restrict access to, or disable any User Content that we believe violates these Terms, is otherwise objectionable, or may expose us or others to liability. We are not responsible for, and do not endorse, any User Content shared by users.

6.5 Feedback

If you send us suggestions, ideas, or other feedback about the Service, you agree that we may use that feedback without any obligation or compensation to you.

7. Community, Chat, and Interactive Features

The Service may include forums, chat rooms, comment threads, and other interactive features that let users communicate with one another. These features are provided for civil, good-faith discussion of motorsport and related topics.

When you use these features, you are interacting with other users and, potentially, the public. Do not share information you expect to keep private. You are responsible for your interactions with other users. While we may moderate community spaces, we do not and cannot review all communications, and we are not responsible for the conduct of any user or the content of any communication. We reserve the right, but assume no obligation, to moderate, edit, remove, or refuse any communication and to suspend or ban users who violate these Terms or community guidelines we may publish.

8. Our Content and Intellectual Property

The Service and all content and materials made available through it that are not User Content — including news articles, schedules, results, standings, data compilations, text, graphics, logos, icons, images, audio and video, software, and the design, selection, and arrangement of the foregoing (collectively, "MotoGust Content") — are owned by DiscoverySmith LLC or its licensors and are protected by copyright, trademark, and other intellectual property laws.

Subject to your compliance with these Terms, we grant you a limited, personal, non-exclusive, non-transferable, revocable license to view and use MotoGust Content solely for your personal, non-commercial use of the Service. Except as expressly permitted, you may not copy, reproduce, republish, distribute, publicly display, modify, create derivative works from, sell, or exploit any MotoGust Content without our prior written permission.

"MotoGust," the MotoGust logo, and other DiscoverySmith names, logos, and marks are trademarks of DiscoverySmith LLC. You may not use these marks without our prior written consent. Third-party names, logos, and marks (including the names and marks of racing series, teams, and events) are the property of their respective owners and are used for identification and informational purposes only; their use does not imply endorsement.

9. Copyright Complaints (DMCA)

We respect the intellectual property rights of others and expect users to do the same. If you believe that content on the Service infringes your copyright, you may send a notice under the Digital Millennium Copyright Act ("DMCA") to our designated agent at the contact address in Section 20. Your notice should include: (a) your physical or electronic signature; (b) identification of the copyrighted work claimed to be infringed; (c) identification of the material claimed to be infringing and its location on the Service; (d) your contact information; (e) a statement that you have a good-faith belief that the use is not authorized by the copyright owner, its agent, or the law; and (f) a statement, under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or authorized to act on the owner's behalf. We may remove allegedly infringing material and may terminate the accounts of repeat infringers.

10. Third-Party Links, Content, and Services

The Service may contain links to third-party websites, content, advertisements, or services that are not owned or controlled by DiscoverySmith LLC, and may display data or content sourced from third parties. We provide these links and materials for convenience and information only. We do not endorse, and are not responsible for, the content, accuracy, policies, or practices of any third party. Your dealings with, and access to, third-party sites and services are solely between you and the third party, and are governed by that third party's terms and policies. We encourage you to review them.

11. Accuracy of Information; No Reliance

MotoGust provides motorsport news, schedules, results, standings, and related information for general informational and entertainment purposes. While we strive to keep this information accurate and up to date, we do not warrant that it is complete, accurate, current, or error-free. Schedules, results, and standings may change and may contain errors or delays. You should not rely on the Service as your sole source for any decision, and you should independently verify information before relying on it. The Service does not provide betting, wagering, medical, legal, financial, or other professional advice.

12. Disclaimer of Warranties

The Service, including all MotoGust Content and User Content, is provided on an "as is" and "as available" basis, without warranties of any kind, whether express, implied, or statutory. To the fullest extent permitted by applicable law, DiscoverySmith LLC and its affiliates, officers, employees, agents, suppliers, and licensors disclaim all warranties, including any implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement, and any warranties arising out of course of dealing or usage of trade.

Without limiting the foregoing, we do not warrant that the Service will be uninterrupted, secure, timely, or error-free; that defects will be corrected; that the Service or the servers that make it available are free of viruses or other harmful components; or that any content or information obtained through the Service will be accurate or reliable. Any material obtained through the Service is accessed at your own discretion and risk, and you are solely responsible for any resulting damage.

Some jurisdictions do not allow the exclusion of certain warranties, so some of the above exclusions may not apply to you. In that case, such warranties are limited to the minimum scope and duration permitted by law.

13. Limitation of Liability

To the fullest extent permitted by applicable law, in no event will DiscoverySmith LLC or its affiliates, officers, directors, employees, agents, suppliers, or licensors be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for any loss of profits, revenues, data, goodwill, or other intangible losses, arising out of or relating to your access to or use of, or inability to access or use, the Service, whether based on warranty, contract, tort (including negligence), statute, or any other legal theory, and whether or not we have been advised of the possibility of such damages.

To the fullest extent permitted by applicable law, the total aggregate liability of DiscoverySmith LLC and the parties listed above for all claims arising out of or relating to these Terms or the Service will not exceed the greater of (a) one hundred U.S. dollars (US $100), or (b) the total amount you paid us, if any, to use the Service during the twelve (12) months immediately preceding the event giving rise to the liability.

These limitations do not apply to liability that cannot be excluded or limited under applicable law, such as liability for gross negligence, willful misconduct, or fraud. Some jurisdictions do not allow the exclusion or limitation of certain damages, so some of the above may not apply to you.

14. Indemnification

To the fullest extent permitted by applicable law, you agree to defend, indemnify, and hold harmless DiscoverySmith LLC and its affiliates, and their respective officers, directors, employees, agents, and licensors, from and against any claims, liabilities, damages, losses, and expenses, including reasonable attorneys' fees and costs, arising out of or in any way connected with: (a) your access to or use of the Service; (b) your User Content; (c) your violation of these Terms; or (d) your violation of any law or the rights of any third party. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which case you agree to cooperate with our defense of that claim.

15. Binding Arbitration and Class Action Waiver

Please read this Section carefully. It requires you and DiscoverySmith LLC to resolve most disputes through individual binding arbitration and waives your right to a jury trial and to participate in class actions.

15.1 Agreement to Arbitrate

You and DiscoverySmith LLC agree that any dispute, claim, or controversy arising out of or relating to these Terms or the Service (a "Dispute") that cannot be resolved informally will be resolved exclusively by final and binding individual arbitration, rather than in court, except as provided in Section 15.5. This agreement to arbitrate is governed by the Federal Arbitration Act.

15.2 Informal Resolution First

Before starting an arbitration, you agree to first contact us at the address in Section 20 and provide a written description of the Dispute and the relief you seek. You and we will attempt in good faith to resolve the Dispute for at least sixty (60) days before initiating arbitration.

15.3 Arbitration Procedure

The arbitration will be administered by a nationally recognized arbitration provider (such as the American Arbitration Association) under its consumer arbitration rules then in effect, as modified by these Terms. The arbitration will be conducted by a single neutral arbitrator. Unless you and we agree otherwise, any in-person arbitration hearing will take place in a location reasonably convenient to your residence, and arbitration may also be conducted by telephone, video, or on written submissions. The arbitrator's decision will be final and binding and may be entered as a judgment in any court of competent jurisdiction.

15.4 Class Action Waiver

You and DiscoverySmith LLC agree that each may bring claims against the other only in an individual capacity, and not as a plaintiff or class member in any purported class, collective, consolidated, or representative proceeding. The arbitrator may not consolidate more than one person's claims and may not preside over any form of a class or representative proceeding. If this class action waiver is found to be unenforceable as to a particular claim or request for relief, then that claim or request for relief will be severed and adjudicated in court, and all other claims will remain in arbitration.

15.5 Exceptions

Notwithstanding the above, either party may (a) bring an individual claim in small-claims court if it qualifies, and (b) seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of intellectual property rights.

15.6 Right to Opt Out

You may opt out of this arbitration agreement (except the informal-resolution requirement) by sending us written notice within thirty (30) days after you first accept these Terms. Your notice must include your name, the email or account associated with your use of the Service, and a clear statement that you want to opt out of arbitration. Send your opt-out notice to the address in Section 20. If you opt out, Section 16 (Governing Law and Venue) will govern the resolution of Disputes.

16. Governing Law and Venue

These Terms and any Dispute arising out of or relating to them or the Service are governed by the laws of the State of Illinois, without regard to its conflict-of-laws principles, and, where applicable, by the Federal Arbitration Act and other applicable U.S. federal law. To the extent any Dispute is not subject to arbitration under Section 15 and is not brought in small-claims court, you and DiscoverySmith LLC agree to submit to the exclusive jurisdiction of the state and federal courts located in Illinois, and you consent to personal jurisdiction and waive any objection based on inconvenient forum. Nothing in this Section limits any consumer-protection rights that you may have under the mandatory laws of your place of residence.

17. Suspension and Termination

You may stop using the Service and close your account at any time. We may suspend or terminate your access to all or part of the Service, remove your User Content, or close your account, at any time and for any reason, including if we reasonably believe that you have violated these Terms, that your conduct may harm us, other users, or third parties, or that suspension or termination is required by law. Where reasonable and lawful, we will provide notice.

Upon termination, the licenses granted to you in these Terms end, and you must stop using the Service. Sections that by their nature should survive termination — including provisions on User Content licenses, intellectual property, disclaimers, limitation of liability, indemnification, arbitration, governing law, and these general terms — will survive.

18. Modifications to the Service

We are continually improving the Service and may add, change, suspend, or discontinue any part of the Service, including features and content, at any time and without liability to you. We may also impose limits on certain features or restrict access to parts or all of the Service without notice or liability.

19. General Terms

Entire agreement. These Terms, together with the Privacy Policy and any additional terms or guidelines we may publish, constitute the entire agreement between you and DiscoverySmith LLC regarding the Service and supersede any prior agreements on that subject.

Severability. If any provision of these Terms is held to be invalid or unenforceable, that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions will remain in full force and effect.

No waiver. Our failure to enforce any provision of these Terms is not a waiver of our right to do so later. Any waiver must be in writing to be effective.

Assignment. You may not assign or transfer these Terms or your rights under them without our prior written consent. We may assign these Terms, in whole or in part, to any affiliate or successor, including in connection with a merger, acquisition, or sale of assets.

Relationship. No agency, partnership, joint venture, or employment relationship is created by these Terms.

Force majeure. We are not liable for any failure or delay in performance caused by events beyond our reasonable control.

Notices. We may provide notices to you by posting on the Service or by sending to the email associated with your account. You may provide notices to us using the contact information in Section 20.

20. Contact Us

If you have questions about these Terms, or need to send a legal notice, an age-related concern, a copyright complaint, or an arbitration opt-out or notice, please contact us at:

DiscoverySmith LLC (operating as MotoGust)
Attn: Privacy
680 N Lake Shore Dr
Suite 110 - 2452
Chicago, IL 60611
Email: support@motogust.com