Terms of Service

1. Who we are and what these Terms cover

These Terms form a binding agreement between you and Athlete Profile Inc. ("Athlete Profile", "we", "us", "our") for your use of our website, mobile experiences, APIs, and any related services (collectively, the "Service"). By creating an account, accessing the Service, or paying for a subscription, you accept these Terms and our Privacy Policy. If you do not accept them, do not use the Service.

2. Eligibility, age, and parental consent

You must be old enough to use the Service in your jurisdiction. We require verifiable parental consent for athletes under 13 (US - COPPA), under the applicable digital-consent age in the EU/UK (13–16 by member state under GDPR/UK GDPR Art. 8), and for athletes under 18 resident in Illinois, Texas, or Washington whose biometric data is processed (BIPA, CUBI, MHMDA). Our age-gate enforces these thresholds at signup. Misrepresenting age, including by a minor circumventing the age-gate, terminates the account and entitles us to delete the data.

Coaches, academies, and parents who create accounts on behalf of an athlete represent that they have authority to do so and that the athlete (or, where required, the athlete's parent or guardian) has consented.

3. Description of the Service and AI-generated content

The Service captures performance test data (counter-movement jump, 40m sprint, lateral shuffle, balance, throw), extracts pose keypoints and biomechanical features from your videos, computes percentile-ranked scores, and generates sport-fit, position-fit, and development guidance - including AI-generated training notes, nutrition guidance, and team reports.

AI-generated content disclaimer. Some outputs are generated by third-party AI models (currently xAI/Grok, with optional Anthropic Claude for selected enterprise features). AI outputs may contain inaccuracies, omissions, or recommendations that are not appropriate for you specifically. Treat AI outputs as advisory only. Review any training, nutrition, or recovery suggestion with a qualified coach, dietitian, or healthcare professional before acting on it. We disclaim all liability for any harm arising from your reliance on AI outputs without that professional review (subject to the limits in Section 13).

Probabilistic, not deterministic. Sport-fit scores, position recommendations, and loading-pattern observations are statistical estimates based on a limited test battery and self-reported anthropometrics. They are not predictions of future success, do not guarantee outcomes, and should never be the sole basis for an athletic, scholarship, or selection decision.

Not a medical device.The Service does not diagnose, treat, prevent, monitor, or predict any disease or injury. Where the platform describes "common loading patterns observed" in a sport, those descriptions are educational summaries of published cohort literature - descriptive, not diagnostic, and not specific to any individual athlete.

4. Accounts, security, and acceptable use

You must provide accurate registration information, keep your password confidential, and tell us promptly if your credentials are compromised. You are responsible for activity under your account.

You agree not to:

• upload videos of any person who has not consented to the upload;
• use the Service to make medical, hiring, scholarship, insurance, or admissions decisions;
• scrape, mass-download, or train AI models on data obtained from the Service;
• reverse-engineer, decompile, or attempt to bypass technical access controls;
• upload malware, attempt to interfere with the Service, or probe its security without our written permission.

5. Subscriptions, billing, and auto-renewal

Athlete Profile offers a free tier and the following paid plans, each charged in US dollars unless local law requires another currency: Athlete Pro ($12.99/month or $99/year - save 36%), Coach / Team ($39/month or $349/year, up to 25 athletes; additional coach seats $9/month each; includes a 14-day card-on-file trial), Academy Pro (custom annual pricing), and the one-time Single AI Team Report ($19, with a 30-day credit toward Pro).

5.1 Auto-renewal - clear and conspicuous disclosure (US ROSCA, FTC, California ARL).

All paid subscriptions automatically renew at the end of each billing period (monthly or annual) at the same price and on the same payment method, until you cancel.By subscribing you authorise us, through our payment processor (Stripe), to charge your payment method on each renewal. Renewal pricing applies unless we notify you of a price change at least 30 days in advance, in which case the new price applies on the next renewal after notice. We comply with the US Restore Online Shoppers' Confidence Act (ROSCA), FTC negative-option and Click-to-Cancel rules, and the California Automatic Renewal Law (Cal. Bus. & Prof. Code §17602): the auto-renewal terms above are presented clearly and conspicuously before purchase, your affirmative consent to auto-renewal is captured at checkout, and a written acknowledgement of the auto-renewal terms is sent by email after purchase.

5.2 Cancellation - at least as easy as signup (FTC Click-to-Cancel).

You can cancel any subscription at any time from Dashboard → Billing. Cancellation takes one click - no phone call, no save-attempt screens, no chat queue. Cancellation stops the next renewal; the subscription remains active through the end of the current paid period.

5.3 Free trials.

The Coach / Team plan starts with a 14-day card-on-file trial. We email you a reminder before the trial converts. If you do not cancel before day 14, your card will be charged $39 (monthly) on day 14, and on each monthly anniversary thereafter, until you cancel.

5.4 Refunds.

US customers: subscription fees are non-refundable except where required by law or where we have charged you in error. EU / UK / EEA customers: see Section 6 for your statutory right of withdrawal. We always honour mandatory consumer-protection rights that cannot be waived.

6. EU / UK / EEA consumers - pre-contract disclosure and the 14-day right of withdrawal

This Section 6 applies to consumers ordinarily resident in the EU, EEA, or UK and is provided in compliance with the EU Consumer Rights Directive 2011/83/EU (as amended by Directive (EU) 2019/2161 - the "Omnibus Directive"), the EU Digital Content Directive (EU) 2019/770, and the UK Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 read with the Consumer Rights Act 2015 and the UK Digital Markets, Competition and Consumers Act 2024.

6.1 Pre-contract information.

Before you order, you are shown: the trader's identity (Athlete Profile Inc., contact: [email protected]); the main characteristics of the Service (Section 3); the total price and currency; the duration and minimum commitment of the contract (monthly or annual, with auto-renewal as described in Section 5.1); the procedure to terminate (one-click in the dashboard, Section 5.2); and these withdrawal terms.

6.2 14-day right of withdrawal.

You have the right to withdraw from the contract within 14 days, without giving any reason. The withdrawal period expires 14 days after the day on which the contract is concluded. To exercise the right, send an unequivocal statement to [email protected], or use the model withdrawal form below. We will refund all payments received from you, without undue delay and not later than 14 days after the day on which we are informed of your decision, using the same means of payment as for the original transaction.

6.3 Express request to start the digital service before the withdrawal period ends - and waiver.

Athlete Profile is supplied as a digital service. Most users want immediate access, so at checkout we ask you to expressly request that we begin supplying the Service immediately and to acknowledge that you will lose your right of withdrawal once performance has begun (Article 16(m) of the Consumer Rights Directive; reg. 37 of the UK 2013 Regulations). You can decline the waiver at checkout - in that case the Service will not start until day 15, you keep your full 14-day cancellation right, and any access during the 14 days is treated as not yet supplied.

6.4 Statutory consumer guarantees.

Nothing in these Terms limits or excludes the statutory rights you have as a consumer under the EU Digital Content Directive, the UK Consumer Rights Act 2015, the UK Digital Markets, Competition and Consumers Act 2024, or any other mandatory consumer-protection law. We are responsible for supplying a service of satisfactory quality, fit for purpose, and as described.

6.5 Model withdrawal form.

To: Athlete Profile Inc., [email protected]
I/We hereby give notice that I/we withdraw from my/our contract for the supply
of the following service:
  - Service: __________________________
  - Ordered on: ________________________
  - Name of consumer(s): _______________
  - Address of consumer(s): ____________
  - Email used to order: _______________
  - Date: ______________________________
  - Signature (only if this form is sent on paper): ____________________

7. User content and intellectual property

You retain ownership of your videos, profile data, and other content you upload. You grant Athlete Profile a worldwide, non-exclusive, royalty-free licence to host, process, analyse, and display your content solely to operate and improve the Service for you. We do not use your raw videos or biometric data to train third-party AI models.

The Service itself, including software, design, scoring algorithms, sport content, and methodology, remains the exclusive property of Athlete Profile and its licensors. Your subscription grants you a personal, non-transferable licence to use the Service and the reports we generate for your own (or, in Coach / Team and Academy Pro plans, your roster's) use. You may not resell or sublicence reports without our written consent.

8. Third-party services

The Service relies on processors listed in our Privacy Policy (Stripe, Resend, xAI, Anthropic, Microsoft Clarity, Google Analytics, Vercel, our database host). Their use of your data is governed by their own terms and our written DPAs. We are not responsible for outages or actions of third parties beyond our reasonable control.

9. DMCA and EU DSA notice-and-action

If you believe content on the Service infringes your copyright (US DMCA 17 U.S.C. §512) or is otherwise illegal under EU/UK law (Digital Services Act / UK Online Safety Act), email a notice to [email protected] with: (i) your contact details, (ii) the URL or identifier of the content, (iii) the basis of your complaint, and (iv) a good-faith statement and (for DMCA) a sworn declaration. We act on valid notices promptly and offer a counter-notice procedure to the uploader.

10. Termination and account deletion

You can delete your account at any time from Privacy & Data. We delete account, profile, test results, biometric data, and reports within 30 days, subject to retention obligations described in the Privacy Policy. We may suspend or terminate accounts that materially breach these Terms (e.g. fraud, misuse of biometric data, or use of the Service to make selection decisions about minors without keeping a qualified human in the loop). Where we terminate, we will tell you why and give you a chance to appeal - except where law prohibits us from doing so.

11. Privacy and data protection

How we handle personal data - including biometric data, the 48-hour raw-video deletion commitment, GDPR Article 22 automated-decision controls, EU Article 27 representative, processors and SCC transfers, and rights for EU/UK/CA/CO/CT/VA/UT/TX/OR residents - is in our Privacy Policy, which is incorporated into these Terms.

12. Disclaimer of warranties

To the fullest extent permitted by applicable law, the Service is provided "as is" and "as available", without warranties of any kind, express or implied, including warranties of merchantability, fitness for a particular purpose, accuracy, non-infringement, and uninterrupted availability. We do not warrant that AI outputs will be accurate, complete, or suitable for any particular athletic, medical, scholarship, or selection decision. This disclaimer does not exclude statutory consumer guarantees that cannot be excluded under your local law (including those described in Section 6 for EU/UK/EEA consumers).

13. Limitation of liability

To the fullest extent permitted by applicable law: (a) Athlete Profile's aggregate liability arising out of or relating to the Service or these Terms in any 12-month period will not exceed the greater of the fees you paid us during that period and US$100; (b) we will not be liable for indirect, incidental, special, consequential, exemplary, or punitive damages, or for lost profits, lost data, lost goodwill, or business interruption, even if advised of the possibility of such damages.

What this section does NOT exclude (these carve-outs always apply): liability for death or personal injury caused by our negligence; liability for fraud or fraudulent misrepresentation; gross negligence or wilful misconduct; statutory consumer guarantees and other liabilities that cannot be excluded under your local law (in the EU/UK, this includes liability under the Product Liability Directive and mandatory consumer-protection law).

14. Indemnity

You will defend and indemnify Athlete Profile from claims arising out of (a) your breach of these Terms; (b) your unauthorised upload of another person's video, likeness, or personal data; or (c) your use of AI outputs to make a medical, scholarship, or selection decision without independent human review. This Section 14 does not apply to consumers where local law forbids consumer indemnities.

15. Governing law and disputes

For US users: these Terms are governed by the laws of the State of Delaware, USA, without regard to conflict-of-laws rules. Disputes will be resolved by binding individual arbitration administered by the American Arbitration Association under its Consumer Arbitration Rules, seated in Wilmington, Delaware. You may opt out of arbitration within 30 days of first acceptance by emailing [email protected]. Small-claims-court actions and injunctive relief for IP claims are not subject to arbitration. No class actions, class arbitrations, or representative proceedings, except where applicable law prohibits this waiver.

For EU / UK / EEA consumers: the laws of your country of habitual residence apply, and you can bring claims in the courts of your country of residence. The mandatory provisions of those laws prevail over any contrary term in these Terms. EU consumers can also use the Online Dispute Resolution platform at ec.europa.eu/consumers/odr.

16. Changes to these Terms

We may update these Terms when our Service changes. We will email active subscribers at least 14 days before material changes take effect. If you do not accept the changes, you can cancel before they take effect; continuing to use the Service after the effective date constitutes acceptance.

17. Contact

Legal: [email protected]. Privacy: [email protected]. Support: [email protected].