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Terms of Use

TERMS AND CONDITIONS


Athlete.ai, Inc. (“Athelete.ai,” “us”, “our”, or “we”) own and operate the website Athlete.ai.com (and collectively with any affiliate mobile application (“App”), the “Site”. The site is intended to facilitate the provision of Services to registered users. These terms and conditions of use (“Terms of Use”) describe your rights and responsibilities regarding the Site that you may use to receive Services. Your access to and use of the Site is subject to these Terms of Use, our Privacy Policy, as well as all applicable laws and regulations. In these Terms of Use, the terms “you” and “yours” refer to the person using the Services. Even though you may have arrived to the Site through a website or mobile application operated or controlled by a third party you understand and agree that these Terms of Use are entered into between you and Athlete.ai. If you do not accept and agree to be bound by these Terms of Use, you are not authorized to access or otherwise use the Site, Services, or any information or Content provided through the Site or Services. The Site and Services are continually under development, and Athlete.ai reserves the right to review or remove any part of these Terms of Use in its sole discretion at any time and without prior notice to you. You should check the Terms of Use from time to time when you use the Site or Services to determine if any changes have been made. Any changes to these Terms of Use are effective upon posting to the Site. Unless otherwise indicated, any new Content added to the Services is also subject to these Terms of Use upon posting to the Site. If you disagree with these Terms of Use, your sole and exclusive remedy is to discontinue your use of the Site and/or Services. Your continued use after a change has been posted constitutes your acceptance of the changes.

PRIVACY AND SECURITY DISCLOSURE

Please review Athlete.ai’s Privacy Policy on Athlete.ai.com. Athlete.ai reserves the right to modify its Privacy Policy at its reasonable discretion from time to time.

PAYMENT METHODS

We accept U.S.-issued credit and debit cards:

  • Visa
  • MasterCard
  • American Express

When placing an order online, you will need:

  • The address the card’s statement is sent to (billing address).
  • The card number and expiration date.
  • The 3 or 4-digit code found only on the card (CVV2 code).

Credit card orders can be placed online over our TLS 1.3 encrypted connection. The same credit card may be used only three (3) times in one processing day.

You are entering into a legally binding agreement with Athlete.ai located at 901 Sam Rayburn Hwy, Melissa, TX, 75454. The official website for Athlete.ai, Inc., and its affiliates is Athlete.ai.com. Athlete.ai has the registered address of:

Athlete.ai, Inc.

901 Sam Rayburn Highway

Melissa, TX, 75454

Athlete.ai.com

REFUND POLICY


Once initiated by you, payment obligations are non-refundable. We do not issue refunds of any Fees for early cancellation or termination of the Services, or for any other reason. To the extent any return or refund is required by law for Fees paid, it will be provided in credits for paid portions of the Services unless we are legally required to issue a refund or otherwise choose to do so in our sole discretion. If you have a question or issue with the charges applicable to your Account, please contact us immediately. You agree to notify us of any Fee dispute within thirty (30) days of it being due and must cooperate with us in good faith to promptly resolve any such dispute. If the charges were made in error, we will credit your Account or payment method for the appropriate amount. You agree to reimburse us for all reasonable costs and expenses incurred in collecting delinquent amounts.

MONTHLY MEMBERSHIP OR SERVICES CANCELLATION

Please email to cancel or modify your monthly subscription at any time at Athlete.ai.com without penalty. You can also modify or cancel your order at any time through your portal at Athlete.ai.com. You are also authorizing Athlete.ai, to charge your credit card for the services you have ordered on a monthly basis. You may cancel at any time without obligation and without penalty by emailing Athlete.ai.com or canceling the order through the Athlete.ai.com portal. All cancellations must be performed or delivered to Athlete.ai within three (3) business days of the next subscription fee to guarantee cancellation of that shipment.

ELECTRONIC COMMUNICATIONS

When you visit the Athlete.ai Site or send emails, feedback, or chats to Athlete.ai, you are communicating with Athlete.ai electronically. You consent to receive communications from Athlete.ai electronically. Athlete.ai will communicate with you by email or by posting notices on the Athlete Site. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. Any feedback you provide at this Athlete.ai Site will be deemed non-confidential. Athlete.ai will be free to use such feedback on an unrestricted basis.

ATHLETE.AI INTELLECTUAL PROPERTY

The Athlete.ai Site and the Athlete.ai products and services available on or through the Athlete.ai Site, as well as all content included on the Athlete.ai Site, such as text, graphics, logos, button icons, images, audio clips, video, digital downloads, data compilations, and software, (together, “Athlete.ai” Intellectual Property”) are the property of Athlete.ai or its content providers and is protected by United States and international copyright, trademark, patent, trade secret and other intellectual property laws. Without limiting the foregoing, Agile Sports Technologies, Athlete.ai, the Athlete.ai logo, and all related names, logos, product and service names, designs, and slogans are trademarks of Athlete.ai, protected under U.S. and international law, and may not be used without Athlete.ai’s prior written permission. Other parties’ trademarks used, depicted, or identified on the Athlete.ai Site are the property of their respective owners, used here by permission, and may be registered in one or more countries. Use on the Athlete.ai Site of the trademark(s) (including, but not limited to, names and logos) of any other party is not intended to imply Athlete.ai’s affiliation with or endorsement of that party, or that party’s sponsorship or endorsement of Athlete.ai and their products or services.

REQUIREMENTS FOR USE

You must have compatible computing and/or mobile devices, access to the Internet, and certain necessary software in order to use the Site. Fees and charges may apply to your use of the mobile services and to the Internet and Athlete.ai is not responsible for those fees/charges.

‘JAILBREAKING’ THE MOBILE APP

The App is intended for use only on a mobile phone that runs an unmodified manufacturer-approved operating system. Using the App on a mobile phone with a modified operating system may undermine security features that are intended to protect your information from unauthorized or unintended disclosure. Use of the App on a mobile phone with a modified operating system is a material breach of these Terms of Use.


YOUR RESPONSIBILITIES


With regard to any content you post through the Services, such as personal information, User Content, or User Data, you represent, warrant, and covenant to us that you have received any legally required consents from relevant individuals or entities, and will not stream or otherwise post anything associated with an individual or entity who has lawfully objected to such posting.
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If you post any User Content relating to a minor under the age of 13 (a “Minor”) including without limitation Player Data and video recordings (collectively, “Minor Data”), you represent, warrant, and covenant that either (i) you are the parent or guardian of such Minor and consent to the use of such Minor Data by us and the Services consistent with the Terms, or (ii) you have obtained verifiable consent from a parent or guardian of such Minor accordingly, and will provide proof of such consent to us upon request. In the event the parent or guardian of a Minor withdraws consent, (i) you will promptly remove the Minor Data from the Services, and/or (ii) if they or the relevant user notifies us we will endeavor to remove the Minor Data from the Services. If we discover that Minor Data was posted to the Services without any legally required consent, we will endeavor to remove the Minor Data from the Services.

NCAA REGULATIONS/OTHER REGULATIONS

Athlete.ai is in no way affiliated with or sponsored by the NCAA. You are responsible for your own activities in connection with the Athlete.ai Site, including your use of any Athlete.ai products or services. Accordingly, you are responsible for knowing and complying with the NCAA’s rules, regulations, and laws or other similar rules, regulations, and laws (collectively, “NCAA Regulations”). Athlete.ai is not responsible if you do not abide by NCAA Regulations (or any other similar rules or regulations) in connection with your use of the Athlete.ai Site, and/or any Athlete.ai products or services. If you act in violation of the NCAA Regulations, Athlete.ai may take reasonable steps in response, including, but not limited to, termination of your access to and use of the Athlete.ai Site and/or reporting of such conduct to the NCAA, the authorities, or other appropriate entity. Athlete.ai does not knowingly promote any violations of NCAA Regulations (or any other similar rules or regulations).

PROHIBITED ACTIVITIES

You agree that the Services will be used solely for the purposes and functions permitted under the Terms, and may not: (a) decompile, reverse engineer, disassemble, modify, reduce to human readable form or create derivative works based upon the Services or any part thereof; (b) disable any licensing or control features of the Services; (c) introduce into the Services any virus or other code or routine intended to disrupt or damage the Services, or alter, damage or delete any Materials , or retrieve or record information about the Services or its Users except as we expressly permit; (d) merge the Services or Materials with another program or create derivative works based on the Services or Materials; (e) remove, obscure, or alter any notice of the copyright or other proprietary legends on the Services or Materials; (f) sublicense, assign, translate, rent, lease, lend, resell for profit, distribute or otherwise assign or transfer the Materials or access to the Services to others; (g) use, or allow the use of, the Services or the Materials in violation of any applicable laws or regulations; (h) otherwise act in a fraudulent, illegal, misleading, malicious or negligent manner when using the Services; (i) post violent, defamatory, libelous, indecent, sexually explicit, discriminatory, unlawful, infringing, hateful or other inappropriate photos or other content, including without limitation any posts intended for defaming, stalking, bullying, abusing, harassing, threatening, impersonating, harming, or intimidating people or entities; (j) create, solicit, transmit, or procure the sending of, any unwanted, unsolicited or harassing comments or communications, including without limitation, advertising or promotional material, without our prior written consent, including without limitation, any “junk mail,” “chain letter,” “spam” or any other similar solicitation; (k) access or use the Services by means of any automated program, expert system, electronic agent or bot; (l) give any other person or entity unauthorized access to the Services; (m) engage, or enable another person or entity to engage, in any scraping, copying, republishing, licensing, or selling the data or information on the Services for commercial purposes; or (n) otherwise violate the rights of a third party. In response to any actual or suspected violations of the foregoing, we may suspend or terminate your access to the Services, pursue legal action, and/or report the violation to law enforcement.

LINKS TO THIRD-PARTY HYPERLINKS AND WEBSITE

The Site may contain hyperlinks or references to other websites, including without limitation TikTok or Instagram (“Linked Site”) operated by third parties. You will be responsible for any edits, alterations, or modifications to any data you repost on any social media websites or Linked Sites as Athete.ai is not responsible and cannot control third parties. You acknowledge that Athlete.ai is not liable when third-party services use information you provide them. The Linked Site may not be under our control, therefore, we are not responsible for the information, products, or services described thereon, or for the content of any Linked Site, including, without limitation, any link contained in a Linked Site, or any changes or updates to a Linked Site. We are providing these Linked Sites to you only as a convenience, and the inclusion of any link does not necessarily imply endorsement of the Linked Site or any association with its operators. Your use of these Linked Sites is at your own risk, and we are not liable to you in any way, either directly or indirectly, for any content, errors, damage, or loss caused by or in connection with the use of or reliance on information contained in or provided to Linked Site. You understand and agree that we are not responsible for the information, products, or services described on those Linked Sites and only these Terms of Use will apply to your use of or access to the Site.

TERMINATION

The Terms of Use will remain in full force and effect as long as you continue to access or use the Site or Services. You may terminate the Terms of Use at any time by discontinuing the use of the Site. Your permission to use the Site automatically terminates if you violate these Terms of Use. Athllete.ai may terminate or suspend any of the rights granted by these Terms of Use and your access to and use of the Site or Services with or without prior notice, for any reason, and at any time. The following provisions survive the expiration or termination of these Terms of Use for any reason whatsoever: Disclaimer of Warranties; Limitation of Liability; Indemnification; Governing Law, Dispute Resolution, Venue, Severability of Provisions; No Waiver; and Assignment. Subject to applicable law, Athlete.ai reserves the right to maintain, delete, or destroy all communications and materials posted or uploaded to the Site pursuant to its internal record retention and/or content destruction policies. After such termination, Athlete.ai will have no further obligation to provide the Services. You agree that if your use of the Services is terminated pursuant to these Terms of Use, you will not attempt to use the Services in any way, and further agree that if you violate this restriction after such termination, you will indemnify and hold Athlete.ai harmless from any and all liability that Athlete.ai may incur therefore.

DISCLAIMER OF WARRANTIES

YOU EXPRESSLY AGREE THAT THE USE OF THE SITE IS AT YOUR SOLE RISK. YOU ACKNOWLEDGE AND AGREE THAT THE SITE AND ANY SERVICES ARE PROVIDED THROUGH THE SITE ON AN “AS IS” AND “AS AVAILABLE” BASIS. ATHLETE.AI AND ITS AFFILIATES, INCLUDING WITHOUT LIMITATION ALL AFFILIATED PROFESSIONAL ENTITIES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, MANAGERS, PARTNERS, MEMBERS, EMPLOYEES, AND AGENTS (COLLECTIVELY “RELATED PERSONS”) MAKE NO REPRESENTATIONS OR WARRANTIES AND EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, WITH RESPECT TO THE SITE AND SERVICES INCLUDING, BUT NOT LIMITED TO, ANY REPRESENTATIONS OR WARRANTIES WITH RESPECT TO MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, NONINFRINGEMENT, TITLE, AVAILABILITY, SECURITY, OPERABILITY, CONDITION, QUIET ENJOYMENT, VALUE, ACCURACY OF DATA, FREEDOM FROM VIRUSES OR MALWARE, COMPLETENESS, TIMELINESS, FUNCTIONALITY, RELIABILITY, SEQUENCING OR SPEED OF DELIVERY OR SYSTEM INTEGRATION.  WE MAKE NO WARRANTIES OR REPRESENTATIONS THAT YOUR USE OF THE SITE OR SERVICES WILL NOT INFRINGE THE RIGHTS OF THIRD PARTIES. TO THE FULLEST EXTENT OF APPLICABLE LAW, NEITHER ATHLETE.AI NOR ITS RELATED PERSONS WILL BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY YOUR RELIANCE ON INFORMATION OBTAINED THROUGH THE SITE. IT IS YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS, TIMELINESS, RELIABILITY, OR USEFULNESS OF THE SITE. FURTHERMORE, ATHLETE.AI DOES NOT GUARANTEE THAT THE SITE WILL BE UNINTERRUPTED, OR FREE FROM ERROR, DEFECT, LOSS, DELAY IN OPERATION, CORRUPTION, CYBER ATTACK, VIRUSES, INTERFERENCE, HACKING, MALWARE, OR OTHER SECURITY INTRUSION, AND ATHLETE.AI DISCLAIMS ANY LIABILITY RELATING THERETO. YOU UNDERSTAND AND AGREE THAT ANY CONTENT, MATERIAL AND/OR INFORMATION OBTAINED THROUGH THE USE OF THE SITE ARE USED AT YOUR SOLE RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER OR MOBILE PHONE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH CONTENT, MATERIAL AND/OR INFORMATION.

LIMITATION OF LIABILITY YOU UNDERSTAND THAT TO THE EXTENT PERMITTED UNDER APPLICABLE LAW AND EXCEPT AS SET FORTH IN THIS SECTION, IN NO EVENT WILL ATHLETE.AI, ITS RELATED PERSONS OR LICENSORS BE LIABLE TO YOU OR TO ANY PARTY FOR ANY CLAIMS, LIABILITIES, LOSSES, COSTS OR DAMAGES UNDER ANY LEGAL OR EQUITABLE THEORY, WHETHER IN TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY), CONTRACT, WARRANTY, STATUTE OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF REVENUES, PROFITS, GOODWILL, USE OR DATA, SERVICE INTERRUPTION, COMPUTER OR MOBILE PHONE DAMAGE, OR SYSTEM FAILURE, OR THE COST OF SUBSTITUTE PRODUCTS OR SERVICES, OR FOR ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS, INCLUDING DEATH, ARISING OUT OF OR IN CONNECTION WITH ANY ACCESS, USE OF (OR INABILITY TO USE) THE SITE OR ANY SERVICES PROVIDED THROUGH THE SITE, OR OTHER INTANGIBLE LOSSES ARISING OUT OF OR RELATED TO YOUR USE OF THE SITE. THIS IS TRUE EVEN IF ATHLETE.AI OR RELATED PERSONS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES. To the extent that we may not, as a matter of applicable law, disclaim any implied warranty or limit liabilities, the scope and duration of such warranty and the extent of our liability will be the minimum permitted under such applicable law.

INDEMNIFICATION

You agree to indemnify, defend, and hold harmless Athlete.ai, its affiliates, subsidiaries, and their directors, officers, employees, contractors, licensors, suppliers, representatives, proprietors, partners, shareholders, servants, principals, agents, predecessors, successors, assigns, accountants, and attorneys harmless from and against any and all third-party suits, actions, claims, proceedings, damages, settlements, judgments, injuries, liabilities, obligations, losses, risks, costs, and expenses (including, without limitation, reasonable attorneys’ fees, litigation expenses, and accounting fees), relating to or arising from, or alleged to arise from, your use of materials or features available on the Site in an unauthorized manner, fraud, violation of law, or willful misconduct, or any breach by you of these Terms of Use.

MODIFICATIONS TO THE SITE

Athlete.ai reserves the right at any time and for any reason to modify, or temporarily or permanently discontinue, the Site or Services or any portion thereof, with or without notice. You agree that Athlete.ai shall not be liable to you or to any third party for any modification, suspension, or discontinuance of the Site or Services.

GOVERNING LAW; DISPUTE RESOLUTION; VENUE; SEVERABILITY OF PROVISIONS

This Agreement shall be governed by Texas law and controlling United States federal law, without regard to the choice or conflicts of law provisions of any jurisdiction, and any disputes, actions, claims or causes of action arising out of or in connection with this Agreement or the Service shall be subject to the exclusive jurisdiction of the state and federal courts located in Texas. If any provision of this Agreement is held by a court of competent jurisdiction to be invalid or unenforceable, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the invalid or unenforceable provision(s), with all other provisions remaining in full force and effect. No joint venture, partnership, employment, or agency relationship exists between you and Athlete.ai as a result of this agreement or use of the Site or Services. The failure of Athlete.ai to enforce any right or provision in this Agreement shall not constitute a waiver of such right or provision unless acknowledged and agreed to by Athlete.ai in writing. This Agreement, together with any applicable policies, comprises the entire agreement between you and Athlete.ai and supersedes all prior or contemporaneous negotiations, discussions, or agreements, whether written or oral, between the parties regarding the subject matter contained herein.

REPORTING COPYRIGHT INFRINGEMENT

Athlete.ai reserves the right to remove any content or any other material or information available on or through our Site, at any time, for any reason. Notification of Claimed Copyright Infringement. If you have objections to copyrighted content or material made available on or through our Site, you may submit a notification to DOMAIN. Any notification to Athlete.ai under 17 U.S.C. § 512(c) alleging copyright infringement must include the following information:

An electronic or physical signature of the person authorized to act on behalf of the owner of the exclusive right being infringed;

An identification of the copyrighted work or other intellectual property that you claim has been infringed or, if multiple copyrighted works are covered by a single notification, a representative list of such works;

An identification of the content or material that you claim is infringing and where it is located on our Site;

Information sufficient for Athlete.ai to contact you, such as your address, telephone number, and/or email address;

A statement by you that you have a good-faith belief that the use of the content or material of which you are complaining is not authorized by the copyright owner, its agent, or the law; and

A signed statement by you that the above information in your notice is accurate and that, under penalty of perjury, you are the copyright owner or authorized to act on the copyright owner’s behalf.

Athlete.ai.com is the official website for Athlete.ai, Inc., and its affiliates. Athlete.ai, Inc. has the registered address of: Athlete.ai, inc., Inc. 901 Sam Rayburn Melissa, Texas 75454.

NOTICE FOR CALIFORNIA USERS

Under California Civil Code Section 1789.3, California Website users are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 N. Market Blvd., Suite S-202, Sacramento, California 95834, or by telephone at (800) 952-5210.

QUESTIONS OR ADDITIONAL INFORMATION

If you have questions regarding this information or wish to obtain additional information, please send an e-mail to compliance@athlete.ai.com.