Terms of Service

Last Updated: July 20, 2026

Please read these terms carefully. They govern your use of athletical.ly.

These Terms of Service constitute a legally binding agreement between Athletically LLC, a Delaware limited liability company registered as a foreign entity in Texas, with an address at 5000 Plaza on the Lake, Suite 100 #3014, Austin, Texas 78746, United States ("athletical.ly," "we," "us," or "our"), and each person or entity that accesses or uses the Platform.

By accessing the Platform, creating an Account, accepting an invitation, joining an Organization, using the Scorekeeper App, processing a payment, submitting Content, or otherwise using any part of the Services, you agree to these Terms. When you use the Services on behalf of an Organization, you represent that you have authority to bind that Organization, and "you" includes both you and the Organization.

1. Definitions

1.1 Account means a platform-level user account created through an approved OAuth provider, an email magic link, or another authentication method made available by athletical.ly.

1.2 Authorized User means a person whom an Organization permits to access or use its administrative functions, records, teams, leagues, schedules, communications, or other Organization-controlled areas of the Platform.

1.3 Game means a sporting event created or recorded through the Platform.

1.4 Game Participation means each unique combination of one Player and one Game recorded as Final, where, at any time on or after commencement of that Game, the Platform recorded:

  • (a) the Player on a Game Roster for that Game;
  • (b) the Player as present for that Game; or
  • (c) the Player as a participant in any game event recorded for that Game.

Multiple plays, substitutions, statistics, or recorded events involving the same Player in the same Game constitute one Game Participation.

1.5 Organization means a league, club, school, association, tournament operator, sports program, business, or other entity that uses the Platform to manage recreational sports activities.

1.6 Organization Content means information, documents, branding, rules, schedules, registrations, waivers, communications, media, and other materials uploaded, created, or administered by or for an Organization.

1.7 Platform means the athletical.ly website, public league websites, administrative dashboard, application programming interfaces, mobile applications, including the Scorekeeper App, and related services operated by athletical.ly.

1.8 Platform-Generated Data means records, compilations, calculations, statistics, reports, rankings, schedules, game events, derived information, AI-generated materials, and other outputs created, structured, calculated, or generated by the Platform.

1.9 Player means an individual included on a roster, player profile, registration, Game record, or statistical record.

1.10 Scorekeeper App means athletical.ly's mobile application used by authorized referees, scorekeepers, officials, employees, and other personnel to record and manage Games.

1.11 Services means the functions, content, software, technology, and services made available through the Platform.

1.12 User Content means text, photographs, videos, audio, files, messages, posts, logos, graphics, and other materials submitted by a user, excluding Platform-Generated Data.

2. Scope of the Services

2.1 athletical.ly provides recreational sports-management software through which Organizations may create and manage leagues, divisions, conferences, seasons, teams, rosters, venues, schedules, officials, scorekeepers, registrations, payments, rules, awards, communications, media, and related operations.

2.2 Public league websites may display schedules, results, live scoreboards, standings, box scores, play-by-play records, team profiles, Player profiles, statistics, league leaders, records, awards, photographs, videos, news, blog posts, and AI-generated recaps.

2.3 The Scorekeeper App permits authorized personnel to record scores, plays, penalties, clocks, substitutions, corrections, attendance, and other Game information. Offline functionality may temporarily store information on a device and synchronize it when connectivity becomes available.

2.4 athletical.ly provides software infrastructure only. athletical.ly does not organize, supervise, officiate, insure, approve, or assume responsibility for any sporting event, participant, facility, coach, official, Organization, or real-world activity.

2.5 Features may differ by Organization, device, jurisdiction, account role, operating system, subscription status, implementation stage, or technical availability. athletical.ly may add, modify, restrict, or discontinue features in accordance with these Terms.

3. Eligibility and Authority

3.1 You may use the Platform only if you can lawfully enter into these Terms or use the Platform under the valid authorization and supervision of a parent, legal guardian, school, Organization, or other authorized adult.

3.2 A person accepting these Terms for an Organization represents and warrants that:

  • (a) the Organization has been validly formed or lawfully operates in its jurisdiction;
  • (b) the person has authority to bind the Organization;
  • (c) all registration, tax, licensing, safeguarding, and operational information provided is accurate; and
  • (d) the Organization's use of the Platform complies with applicable law.

3.3 You may not use the Platform when prohibited by applicable trade controls, export restrictions, or economic sanctions. athletical.ly may screen Organizations, representatives, transactions, or accounts and may restrict access where required by sanctions administered by the United States Department of the Treasury's Office of Foreign Assets Control or another competent authority.

4. Minors

4.1 Children and other minors may participate in Organizations using the Platform, subject to applicable law and the safeguards established by athletical.ly and the relevant Organization.

4.2 A child under 13 may not independently accept these Terms. Access by or on behalf of a child under 13 must be authorized by a parent or legal guardian through a legally valid consent process made available or approved by athletical.ly.

4.3 A user who has not reached the age of legal majority in the applicable jurisdiction may use the Platform only with the permission and supervision of a parent, legal guardian, or another person lawfully authorized to act for the minor.

4.4 Each Organization must obtain and maintain all parental permissions, participant authorizations, school approvals, privacy notices, publicity releases, and other consents required before it:

  • (a) registers a minor;
  • (b) creates or imports a minor's profile;
  • (c) uploads a minor's photograph, video, voice recording, or personal information;
  • (d) publishes information about a minor on a public page;
  • (e) communicates directly with a minor;
  • (f) collects or processes information concerning a minor; or
  • (g) asks a minor to sign a waiver or other legal document.

4.5 Before making or leaving a minor's profile publicly accessible, the Organization must hold valid authorization covering the public display of the minor's name, photograph, age, jersey number, position, team, Game participation, statistics, awards, and related information.

4.6 athletical.ly may request evidence of age, authority, parental consent, or organizational permission. Failure to provide satisfactory evidence may result in restricted visibility, removal of information, suspension, or termination.

4.7 The Children's Online Privacy Protection Act and its implementing rule impose specific obligations when an online service is directed to children under 13 or has actual knowledge that it collects personal information from a child under 13. athletical.ly's handling of children's information is further addressed in the Privacy Policy.

5. Accounts and Authentication

5.1 Some public content may be viewed without an Account. Administrative functions, registration, messaging, profile management, scorekeeping, and other restricted features require an Account or authorized access.

5.2 Accounts may be created through Google, Apple, Facebook, an email magic link, or another authentication method approved by athletical.ly. Use of an external authentication provider is also governed by that provider's terms.

5.3 You must provide accurate, current, and complete information and must promptly update information that changes.

5.4 Accounts are personal and may not be sold, transferred, shared, rented, or made available to an unauthorized person. An Organization may assign roles and permissions to Authorized Users but remains responsible for those assignments.

5.5 You are responsible for:

  • (a) maintaining control of your email account, connected OAuth accounts, devices, and active sessions;
  • (b) reviewing Account activity;
  • (c) signing out of shared devices;
  • (d) preventing unauthorized use; and
  • (e) promptly notifying athletical.ly of suspected compromise.

5.6 athletical.ly may revoke sessions, require reauthentication, disable an authentication method, or restrict an Account where security, fraud, legal compliance, or unauthorized access concerns arise.

6. Organization Administration

6.1 An Organization controls its leagues, teams, schedules, staff assignments, registrations, communications, waivers, public pages, and Organization Content, subject to athletical.ly's administrative rights and applicable law.

6.2 Each Organization is solely responsible for:

  • (a) the accuracy of its rosters, schedules, fees, rules, registrations, results, and public information;
  • (b) selecting and supervising its employees, contractors, referees, scorekeepers, volunteers, and administrators;
  • (c) assigning appropriate permissions;
  • (d) removing access when a person's role ends;
  • (e) resolving disputes among its participants;
  • (f) administering refunds owed to participants;
  • (g) providing customer service for its sports programs; and
  • (h) complying with sports, employment, safeguarding, accessibility, tax, consumer, and privacy laws applicable to its activities.

6.3 An Organization must not give administrative access to a person who lacks a legitimate operational need.

6.4 athletical.ly may rely on instructions submitted through an Organization owner's or administrator's Account. athletical.ly is not required to resolve internal ownership, management, employment, or authority disputes among persons associated with an Organization.

6.5 When an Organization submits a dataset containing existing members, participants, Players, or contacts, it represents that it has the lawful authority to provide the information, direct athletical.ly to process it, and register those individuals with the Organization.

7. Game Rosters and Scorekeeping

7.1 The Organization and its scorekeepers are responsible for confirming the correct Game Roster before and during each Game.

7.2 A Player may generate a Game Participation even if the Player:

  • (a) does not remain on the final roster;
  • (b) is later marked absent;
  • (c) is removed after the Game begins;
  • (d) participates only briefly;
  • (e) has no final statistic; or
  • (f) appears in an event that is later corrected,

provided that the requirements in the definition of Game Participation were met.

7.3 Roster errors, duplicate entries, failure to remove ineligible Players before commencement, or inaccurate scorekeeping may generate additional billed usage.

7.4 Organizations must review rosters and Game records before marking a Game as Final. Finalizing a Game confirms that the Organization has reviewed the record and authorizes athletical.ly to calculate usage from the Platform's underlying records.

7.5 athletical.ly does not guarantee that scores, statistics, clocks, play-by-play records, rankings, or other Game information are complete or accurate. Organizations must independently verify information used for official, disciplinary, eligibility, wagering, medical, legal, or safety-related decisions.

8. Usage-Based Fees

8.1 athletical.ly's current business billing model is based on usage rather than a fixed recurring subscription fee. Unless a separate written agreement states otherwise, an Organization is charged USD 0.99 for each Game Participation.

8.2 athletical.ly may change pricing by providing advance notice through the Platform, by email, or through an updated order, pricing page, or service agreement. A price change applies prospectively and does not alter fees already accrued.

8.3 Game Participation counts are determined from the Platform's records, including rosters, attendance records, Game events, status history, timestamps, audit logs, and related underlying data.

8.4 Organizations must not remove, alter, suppress, omit, falsify, backdate, or manipulate records for the purpose of avoiding or reducing fees.

8.5 athletical.ly may reconstruct or redetermine Game Participations from the Platform's underlying records and may invoice any resulting shortfall.

8.6 When athletical.ly reasonably suspects circumvention or identifies a material discrepancy, athletical.ly may request records reasonably necessary to verify billed usage. The Organization must cooperate and provide responsive records within 10 business days.

8.7 Any usage review will be limited to information reasonably related to billing verification. athletical.ly will ordinarily conduct no more than one such review during a 12-month period unless a prior review identified a material discrepancy, fraud is suspected, or further review is legally required.

8.8 A discrepancy of 5% or more in athletical.ly's favor requires the Organization to pay the shortfall and reasonable external review costs, to the extent permitted by law.

9. Invoices, Payment, and Taxes

9.1 athletical.ly ordinarily calculates usage at the end of each calendar month and issues an electronic invoice to the Organization.

9.2 Payment is due by the date stated on the invoice. The Organization authorizes athletical.ly and Stripe to use the payment method associated with the Organization's billing account as disclosed during checkout, card setup, or invoice payment.

9.3 Card information is entered and processed through Stripe-hosted payment interfaces. athletical.ly does not receive or store full payment-card numbers.

9.4 The Organization must maintain an active, valid, and adequately funded payment method and must promptly update expired or inaccurate billing information.

9.5 Fees are exclusive of sales, use, value-added, withholding, goods and services, and similar taxes unless expressly stated otherwise. The Organization is responsible for taxes arising from its purchase or use of the Services, excluding taxes imposed on athletical.ly's net income.

9.6 athletical.ly may charge late interest at 1.5% per month or the maximum lawful rate, whichever is lower, from the due date until payment.

9.7 athletical.ly may restrict features, suspend administrative access, prevent new Games, withhold exports, or terminate an Organization for material nonpayment after providing any notice required by law.

9.8 The Organization remains responsible for accrued fees during a suspension and for reasonable collection costs, including attorneys' fees, where recoverable by law.

10. Billing Disputes and athletical.ly Refunds

10.1 An Organization must notify athletical.ly of a disputed invoice within 30 days after the invoice date. The notice must identify the invoice, disputed amount, relevant Game or Player records, and basis of the dispute.

10.2 Undisputed amounts remain payable by the due date.

10.3 athletical.ly will correct verified billing errors by issuing a credit, reducing an unpaid balance, or refunding the affected amount.

10.4 athletical.ly may issue a refund or service credit for a material service failure, an incorrect sales representation, duplicate billing, or another circumstance athletical.ly determines warrants adjustment.

10.5 Except where required by law or expressly stated in a separate agreement, fees are nonrefundable merely because an Organization did not use available features, entered inaccurate records, failed to manage rosters, or stopped using the Platform during a billing period.

11. Registration Payments and Stripe Connect

11.1 An Organization may elect to use Stripe Connect to accept registration payments for its real-world sports programs.

11.2 Stripe Connect onboarding may require the Organization and its representatives or beneficial owners to provide identity, business, tax, banking, sanctions-screening, or verification information directly to Stripe.

11.3 Stripe, rather than athletical.ly, collects and verifies the onboarding information required for Stripe's regulated payment services. athletical.ly may receive connected-account identifiers, account status information, transaction records, and other information made available through Stripe Connect.

11.4 Registration payments are routed through Stripe to the Organization's connected Stripe account. athletical.ly does not receive, possess, or hold the Organization's registration funds as custodian, trustee, escrow agent, bank, or money transmitter.

11.5 The Organization is the merchant of record for registrations, participation fees, memberships, and other goods or services it sells to participants unless Stripe documentation expressly states otherwise.

11.6 Each Organization is responsible for:

  • (a) accurately describing its sports programs;
  • (b) setting prices and refund terms;
  • (c) delivering the purchased participation or service;
  • (d) issuing receipts;
  • (e) handling participant inquiries, refunds, disputes, and complaints;
  • (f) paying taxes;
  • (g) maintaining its connected Stripe account; and
  • (h) complying with payment, consumer, and commercial laws.

11.7 A participant's payment dispute is between the participant, the Organization, and the applicable payment provider. athletical.ly may provide technical assistance but does not decide whether an Organization must issue a refund.

11.8 Use of Stripe is subject to the applicable Stripe Services Agreement and, where Stripe Connect is enabled, the Stripe Connected Account Agreement. Stripe's agreement confirms that connected users remain responsible for goods and services supplied to their customers, customer-service obligations, refunds, complaints, and legal compliance.

11.9 Stripe may reject, suspend, restrict, reverse, or delay a transaction or connected account under its own rules. athletical.ly is not liable for Stripe's independent decisions or service availability.

12. Participant Refunds

12.1 Organizations may issue refunds to participants through available Platform functions at their discretion and subject to their own published policies and applicable law.

12.2 athletical.ly does not establish an Organization's refund policy and does not guarantee that a participant will receive a refund.

12.3 Processing fees, platform fees, chargeback fees, foreign-exchange costs, and other third-party amounts may be nonrefundable where permitted by law.

12.4 A participant seeking a refund for registration, cancellation, removal from a team, a postponed Game, a facility closure, or an Organization's failure to provide services must contact the relevant Organization.

13. Waivers, Agreements, and Electronic Signatures

13.1 Organizations may use the Platform to present waivers, releases, consent forms, codes of conduct, image and likeness permissions, acknowledgments, and other agreements to users.

13.2 Each such agreement is between the Organization and the signing user unless the document expressly identifies athletical.ly as a party.

13.3 athletical.ly does not prepare, approve, interpret, validate, or guarantee the enforceability of an Organization's agreement. Each Organization is responsible for ensuring that its documents are lawful, accurate, appropriate for the activity, and properly presented to the correct signer.

13.4 Electronic acceptance, typed names, checkboxes, timestamps, authentication records, and similar electronic processes may constitute electronic signatures where permitted by the federal E-SIGN Act and the Delaware Uniform Electronic Transactions Act.

13.5 An Organization must not represent that athletical.ly has approved a waiver or that use of the Platform eliminates the Organization's legal, insurance, safety, or safeguarding obligations.

14. User Content and Communications

14.1 Users may submit messages, photographs, videos, files, blog posts, news, logos, profile images, GIF searches, comments, and other User Content where the relevant feature is available.

14.2 You retain any intellectual-property rights you lawfully hold in your User Content.

14.3 By submitting User Content, you grant athletical.ly a worldwide, nonexclusive, royalty-free, transferable, sublicensable license to host, store, reproduce, format, adapt, transmit, display, distribute, and otherwise process that User Content to operate, secure, improve, and provide the Services.

14.4 The license continues for as long as the User Content remains on the Platform and for a reasonable period in backups, audit records, legal holds, or technical archives.

14.5 You represent and warrant that:

  • (a) you own the User Content or hold all required permissions;
  • (b) submission and use of the User Content will not infringe intellectual-property, privacy, publicity, confidentiality, or contractual rights;
  • (c) required consents have been obtained for every identifiable person, including minors; and
  • (d) the User Content complies with these Terms and applicable law.

14.6 Direct messages are visible to their intended participants and must not be treated as confidential communications with athletical.ly. Recipients may copy, disclose, or misuse information despite Platform controls.

14.7 athletical.ly does not undertake to monitor all communications. athletical.ly may investigate reports, preserve evidence, restrict access, or remove content where reasonably necessary for safety, legal compliance, security, support, or enforcement.

14.8 Administrative or operational communications may be sent through features that display a message as originating from, or being sent on behalf of, athletical.ly or an Organization.

15. Platform-Generated Data and Statistics

15.1 As between athletical.ly and each user or Organization, athletical.ly owns all rights, title, and interest in the Platform, its software, database structures, data models, statistical systems, scoring logic, compilations, reports, interfaces, and Platform-Generated Data, to the fullest extent permitted by law.

15.2 Platform-Generated Data includes Game statistics and derived records generated when an Organization's scorekeeper records physical events and the Platform structures, calculates, aggregates, or transforms those records.

15.3 Performing an action during a sporting event does not grant a Player ownership of the Platform's database, calculation methods, statistical compilations, or generated records.

15.4 To the extent that a user or Organization acquires any transferable intellectual-property right in Platform-Generated Data, that party assigns the right to athletical.ly upon creation and agrees to execute documents reasonably required to confirm the assignment.

15.5 Nothing in this clause transfers ownership of a person's personal information or limits privacy rights granted by applicable law.

15.6 athletical.ly grants each Organization a limited, revocable, nonexclusive, nontransferable right to access and use Platform-Generated Data for its legitimate internal sports-management activities while its Account remains active.

15.7 Users may view personal statistics made available through the Platform but may not scrape, resell, license, aggregate commercially, or create a competing database from Platform-Generated Data without written permission.

16. Artificial Intelligence Features

16.1 The Platform may offer an AI assistant, generated Game recaps, summaries, navigation assistance, or other machine-generated outputs.

16.2 AI outputs may be incomplete, inaccurate, misleading, outdated, or unsuitable for a particular purpose.

16.3 Users must independently review AI outputs before publishing, relying on, or acting upon them.

16.4 AI functions must not be used as a substitute for legal, medical, safety, financial, employment, disciplinary, officiating, or safeguarding judgment.

16.5 athletical.ly may send prompts, context, user messages, role information, Organization information, and relevant activity records to third-party AI providers as described in the Privacy Policy.

16.6 Users must not submit confidential, regulated, or highly sensitive information to an AI feature unless the submission is lawful and necessary for an authorized Platform function.

17. Prohibited Conduct

17.1 You must not:

  • (a) use the Platform for an unlawful, fraudulent, deceptive, abusive, or illegitimate purpose;
  • (b) impersonate another person or misrepresent authority;
  • (c) harass, threaten, exploit, groom, bully, or endanger another person;
  • (d) upload unlawful, defamatory, obscene, infringing, malicious, or deceptive content;
  • (e) publish personal information without lawful authority;
  • (f) manipulate rosters, Game records, attendance, or statistics to reduce fees or falsify results;
  • (g) interfere with security, authentication, rate limits, tenant isolation, or access controls;
  • (h) probe, scan, test, or exploit a vulnerability without prior written authorization;
  • (i) introduce malware, destructive code, or automated traffic that burdens the Platform;
  • (j) scrape, crawl, harvest, copy, or extract Platform data except through an authorized feature;
  • (k) reverse engineer, decompile, disassemble, or attempt to derive source code, except where law prohibits restriction;
  • (l) use the Platform or its outputs to build or train a competing product or model;
  • (m) access another Organization's information without permission;
  • (n) remove proprietary notices; or
  • (o) assist another person in prohibited conduct.

17.2 athletical.ly may investigate suspected violations and cooperate with courts, regulators, payment providers, and law-enforcement authorities where legally permitted or required.

18. Third-Party Services

18.1 The Platform may depend on hosting, cloud storage, email, authentication, analytics, payment, AI, calendar, GIF, mobile-distribution, notification, and other third-party services.

18.2 Third-party services are governed by their own agreements and privacy practices. athletical.ly does not control and is not responsible for a third party's systems, content, outages, security, pricing, decisions, or continued availability.

18.3 Links to third-party websites do not constitute endorsement.

18.4 athletical.ly may replace, add, restrict, or discontinue an integration without liability where necessary for security, legal compliance, service quality, provider changes, or commercial reasons.

19. Intellectual Property

19.1 The Platform, including its software, source code, object code, interfaces, designs, documentation, trademarks, logos, databases, workflows, statistical systems, and original content, is owned by athletical.ly or its licensors.

19.2 Subject to these Terms, athletical.ly grants you a limited, revocable, nonexclusive, nontransferable, nonsublicensable license to use the Platform for its intended purpose.

19.3 No right is granted by implication, estoppel, or otherwise.

19.4 Feedback, ideas, suggestions, or proposals submitted to athletical.ly may be used without restriction or compensation, provided that athletical.ly does not publicly identify the contributor without permission.

20. Copyright Complaints

20.1 A person who believes that material on the Platform infringes copyright may send a written notice to info@athletical.ly.

20.2 The notice must include:

  • (a) identification of the copyrighted work;
  • (b) identification and location of the allegedly infringing material;
  • (c) the complaining party's name, address, telephone number, and email address;
  • (d) a good-faith statement that the disputed use is not authorized by the copyright owner, its agent, or law;
  • (e) a statement, made under penalty of perjury, that the information is accurate and that the complaining party is authorized to act; and
  • (f) a physical or electronic signature.

20.3 athletical.ly may remove or disable access to disputed material, notify the submitting user, and terminate repeat infringers in appropriate circumstances.

20.4 Notices and counter-notices may be handled under 17 U.S.C. § 512 where applicable.

21. Suspension and Termination

21.1 You may stop using the Platform at any time.

21.2 athletical.ly may suspend, restrict, or terminate an Account or Organization where:

  • (a) these Terms are breached;
  • (b) fees remain materially overdue;
  • (c) fraud, abuse, circumvention, or unauthorized access is suspected;
  • (d) use creates security, safety, legal, or reputational risk;
  • (e) an Organization fails to maintain required Stripe eligibility;
  • (f) a competent authority or service provider requires restriction; or
  • (g) continued provision is no longer commercially or technically practicable.

21.3 athletical.ly may act immediately where delay could expose a person, athletical.ly, or a third party to harm. In other circumstances, athletical.ly may provide notice and an opportunity to cure.

21.4 Termination does not eliminate accrued payment obligations, indemnities, ownership rights, liability limitations, dispute provisions, or other clauses that by their nature survive.

21.5 Data deletion, anonymization, retention, export, and Organization closure are governed by the Privacy Policy and applicable law.

22. Disclaimer of Warranties

22.1 TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE PLATFORM AND SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE."

22.2 ATHLETICALLY DISCLAIMS ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, AVAILABILITY, SECURITY, AND QUIET ENJOYMENT.

22.3 ATHLETICALLY DOES NOT WARRANT THAT:

  • (a) THE PLATFORM WILL BE UNINTERRUPTED OR ERROR-FREE;
  • (b) DATA WILL ALWAYS SYNCHRONIZE, DISPLAY, OR CALCULATE CORRECTLY;
  • (c) CONTENT WILL BE PRESERVED WITHOUT LOSS;
  • (d) THIRD-PARTY SERVICES WILL REMAIN AVAILABLE;
  • (e) GAME INFORMATION WILL BE OFFICIAL OR COMPLETE; OR
  • (f) THE PLATFORM WILL MEET EVERY ORGANIZATION'S LEGAL OR OPERATIONAL REQUIREMENTS.

22.4 SPORTS ACTIVITIES INVOLVE INHERENT RISKS OF INJURY, PROPERTY DAMAGE, DISABILITY, AND DEATH. ATHLETICALLY DOES NOT CONTROL THOSE ACTIVITIES AND DOES NOT ASSUME RESPONSIBILITY FOR THEM.

22.5 Some jurisdictions do not permit certain warranty exclusions. Rights that cannot lawfully be excluded remain unaffected.

23. Limitation of Liability

23.1 TO THE MAXIMUM EXTENT PERMITTED BY LAW, ATHLETICALLY AND ITS MEMBERS, MANAGERS, EMPLOYEES, CONTRACTORS, AFFILIATES, AND LICENSORS WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES, OR FOR LOST PROFITS, LOST REVENUE, LOST DATA, BUSINESS INTERRUPTION, LOSS OF GOODWILL, PERSONAL INJURY, OR SUBSTITUTE-SERVICE COSTS.

23.2 THE EXCLUSION APPLIES REGARDLESS OF THE THEORY OF LIABILITY AND EVEN IF ATHLETICALLY WAS ADVISED THAT DAMAGE WAS POSSIBLE.

23.3 ATHLETICALLY'S TOTAL AGGREGATE LIABILITY ARISING FROM OR RELATING TO THE PLATFORM, SERVICES, OR THESE TERMS WILL NOT EXCEED:

  • (a) for an Organization, the fees paid or payable by that Organization to athletical.ly during the 12 months preceding the event giving rise to the claim; or
  • (b) for a user who paid no fees directly to athletical.ly, USD 100.

23.4 The limitations do not apply to liability that cannot lawfully be limited, including liability for fraud or willful misconduct where exclusion is prohibited.

23.5 A claim must be commenced within one year after the claimant knew or reasonably should have known of the facts giving rise to it, unless a longer period is required by law.

24. Indemnification

24.1 Each Organization will defend, indemnify, and hold harmless athletical.ly and its members, managers, employees, contractors, affiliates, and licensors from claims, damages, losses, judgments, penalties, liabilities, and reasonable attorneys' fees arising from:

  • (a) the Organization's sports activities;
  • (b) injury, death, or property damage connected with an event;
  • (c) Organization Content;
  • (d) registrations, refunds, taxes, or participant disputes;
  • (e) actions of Authorized Users, employees, officials, volunteers, or contractors;
  • (f) failure to obtain consent concerning a minor;
  • (g) violation of law; or
  • (h) breach of these Terms.

24.2 Each user will indemnify the protected parties from third-party claims arising from the user's unlawful conduct, infringing User Content, unauthorized disclosure of personal information, or material breach of these Terms.

24.3 athletical.ly will provide prompt notice of an indemnified claim and reasonable cooperation. The indemnifying party may control the defense but may not settle a claim in a manner that admits fault by, imposes nonmonetary obligations on, or fails to release athletical.ly without athletical.ly's written consent.

25. Informal Dispute Resolution

25.1 Before filing arbitration or litigation, the claimant must send a written notice describing:

  • (a) the claimant's name and contact details;
  • (b) the relevant Account or Organization;
  • (c) the factual and legal basis of the dispute; and
  • (d) the relief requested.

25.2 Notices to athletical.ly must be sent to info@athletical.ly and Athletically LLC, 5000 Plaza on the Lake, Suite 100 #3014, Austin, Texas 78746, United States.

25.3 The parties will attempt in good faith to resolve the dispute for 30 days after receipt of the notice. A limitations period is suspended during that 30-day period where permitted by law.

26. Binding Arbitration and Class-Action Waiver

26.1 Except for the claims identified in Clause 26.7, every dispute arising from or relating to these Terms, the Platform, the Services, an Account, an invoice, or the relationship between the parties will be resolved by binding individual arbitration.

26.2 The Federal Arbitration Act, 9 U.S.C. §§ 1 to 16, governs the interpretation and enforcement of this arbitration agreement.

26.3 A dispute involving an individual acting primarily for personal, family, or household purposes will be administered by the American Arbitration Association under its Consumer Arbitration Rules. A business-to-business dispute will be administered under the AAA's Commercial Arbitration Rules.

26.4 Arbitration will be conducted by one neutral arbitrator. Business-to-business arbitration will take place in Wilmington, Delaware, unless the parties agree to remote proceedings. Consumer arbitration may occur remotely, through documents, or at another location required by the applicable AAA rules.

26.5 The arbitrator may award any individual remedy available in court but may not consolidate unrelated claims or preside over a class, collective, coordinated, or representative proceeding except where the applicable AAA rules require coordinated administration without authorizing class relief.

26.6 EACH PARTY WAIVES THE RIGHT TO A JURY TRIAL AND THE RIGHT TO PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN A CLASS, COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE ACTION.

26.7 Either party may bring:

  • (a) an individual claim within the jurisdiction of a small-claims court;
  • (b) an action for temporary or preliminary injunctive relief concerning unauthorized access, cybersecurity, confidentiality, or intellectual-property infringement; or
  • (c) a claim that applicable law prohibits from being arbitrated.

26.8 If the AAA declines to administer a consumer dispute because athletical.ly failed to comply with applicable AAA requirements, the consumer may elect to pursue the claim in a court of competent jurisdiction.

26.9 An arbitration award may be entered and enforced in any court having jurisdiction.

27. Governing Law and Courts

27.1 These Terms are governed by the laws of the State of Delaware, without regard to conflict-of-law principles.

27.2 Court proceedings permitted under Clause 26 must be brought in the state or federal courts located in Delaware, and each party consents to their personal jurisdiction and venue.

27.3 Mandatory consumer rights and nonwaivable protections applicable in a user's country or state remain unaffected.

28. Electronic Communications

28.1 You consent to receive agreements, invoices, notices, disclosures, confirmations, and other communications electronically, including by email, in-app notification, or posting through the Platform.

28.2 Electronic communications satisfy legal writing requirements to the extent permitted by the E-SIGN Act and applicable electronic-transactions law.

28.3 You must maintain a valid email address and review communications associated with your Account.

28.4 Notices are considered received when sent to the Account email address, displayed through the Platform, or delivered to the physical address supplied by the recipient.

29. Changes to the Terms

29.1 athletical.ly may amend these Terms to reflect legal developments, new features, pricing changes, security requirements, provider changes, or business operations.

29.2 Material changes will be communicated by email, Platform notice, or another reasonable method before they take effect, except where immediate changes are required for law, security, fraud prevention, or an urgent operational matter.

29.3 Continued use after the effective date of revised Terms constitutes acceptance. When law requires express consent, athletical.ly may require renewed acceptance before further use.

29.4 A person who does not agree to revised Terms must stop using the Platform.

30. General Provisions

30.1 Assignment: You may not assign these Terms without athletical.ly's written consent. athletical.ly may assign them in connection with a merger, financing, reorganization, sale of assets, change of control, or transfer of the Platform.

30.2 Force Majeure: athletical.ly is not liable for delay or failure caused by events beyond its reasonable control, including natural disasters, utility failures, internet disruptions, labor disputes, civil unrest, war, epidemics, governmental action, cyberattacks, or third-party infrastructure failures.

30.3 Severability: If a provision is held unenforceable, it will be modified to the minimum extent necessary, and the remaining provisions will remain effective.

30.4 No Waiver: Failure to enforce a provision does not waive the right to enforce it later.

30.5 Entire Agreement: These Terms, the Privacy Policy, the Cookie Policy, applicable order forms, and any signed service agreement constitute the entire agreement concerning the Services. A signed service agreement controls over these Terms to the extent of a direct conflict.

30.6 No Third-Party Beneficiaries: Except for indemnified parties expressly identified in these Terms, no person receives third-party beneficiary rights.

30.7 Relationship: The parties are independent contractors. Nothing creates a partnership, franchise, fiduciary relationship, employment relationship, agency, joint venture, escrow relationship, or payment-custody relationship.

30.8 Headings: Headings are provided for organization and do not alter interpretation.

30.9 Language: The English version controls where a translation conflicts with it, except where applicable law requires otherwise.

31. Contact Information

Questions, notices, complaints, and support requests may be directed to:

Athletically LLC

5000 Plaza on the Lake

Suite 100 #3014

Austin, Texas 78746

United States

Email: info@athletical.ly

Website: https://athletical.ly