Terms of Service

The Service is offered to gymnastics facilities and similar businesses ("Facilities") and to the people they invite: staff, coaches, and the parents or guardians of enrolled athletes. You must be at least 18 years old to create a Facility account or to accept these Terms on behalf of a Facility. If you accept on behalf of a Facility, you represent that you have authority to bind it, and "you" includes that Facility.

Student and athlete accounts, where offered, are created and controlled by the Facility or by a parent or guardian, not by the child.

Each Facility controls its own workspace in the Service and decides what information to collect about its athletes, families, and staff. The Facility is the data controller and the operator of its program. Stick10 provides the software and stores data on the Facility's behalf as a service provider.

The Facility is solely responsible for:

• obtaining any consent required to collect and store information about athletes, including verifiable parental consent for children under 13 as required by the Children's Online Privacy Protection Act (COPPA) and any comparable state law;
• the accuracy and lawfulness of the data it enters or imports;
• the content of waivers, contracts, policies, and messages it sends through the Service, including whether they are enforceable in its jurisdiction;
• the safety and supervision of athletes, the qualification of its staff, and compliance with its sport governing body's rules;
• who it grants access to, and keeping those people's credentials secure.

Stick10 does not run gymnastics programs, supervise athletes, or verify the identity or background of any Facility user.

You must provide accurate information and keep it current. You are responsible for everything that happens under your account and for keeping your password confidential. Tell us promptly at [email protected] if you believe your account has been compromised. We may suspend an account that we reasonably believe is being misused.

Email notifications are a condition of use. By creating an account you agree to receive email from us about your account and profile, about changes to the Service, these Terms, or the Privacy Policy, about security matters, and about the beta program, including requests for feedback and notice of resets or shutdowns. These are service messages, not marketing, and you cannot opt out of them while your account is open. You may close your account at any time to stop them. Marketing email, if we ever send it, will be separate and optional.

The Service is currently offered as a beta, released for feedback only. It is provided free of charge during the beta period so that you can try it and tell us what works and what does not. It is not a finished product and is not offered as a substitute for your existing systems.

• Features may change, be added, or be removed without notice, and the Service may contain errors or be interrupted.
• We may reset, migrate, or delete beta data before launch. Do not rely on the Service as your only copy of any record: export your data regularly.
• We may end the beta, or end your access to it, at any time, with or without notice.
• Any feedback you give us may be used to improve the Service without obligation to you.

By using the Service during the beta you accept these conditions and agree that our liability for the beta is limited as set out in Section 10.

When paid plans launch, we will publish prices and give you advance notice before anything is billed. Paid subscriptions renew automatically until cancelled and are non-refundable except where the law requires otherwise. Taxes are your responsibility.

If a Facility uses the Service to charge its own customers, the Facility does so through its own payment-processor account (for example, Stripe). The Facility's agreement with that processor governs those charges. Stick10 is not a party to transactions between a Facility and its customers, does not hold funds, and is not responsible for chargebacks, refunds, or disputes between them.

You own the data you and your users enter into the Service ("Customer Data"). You grant us a licence to host, copy, process, transmit, and display Customer Data solely to provide, secure, and improve the Service and as described in the Privacy Policy. We do not sell Customer Data.

You represent that you have the rights and consents needed to submit Customer Data, and that doing so does not violate any law or third-party right.

You may export your data at any time using the export tools in the Service. When an account is closed we retain data for the period described in the Privacy Policy and then delete or anonymise it.

You agree not to:

• use the Service to break the law or to infringe anyone's rights;
• access another Facility's data, or attempt to;
• upload malware, probe or test the security of the Service without written permission, or interfere with its operation;
• send spam or unsolicited messages through the Service;
• collect information about a child in violation of COPPA or other privacy law;
• resell, sublicense, reverse engineer, or copy the Service except as the law allows;
• use the Service to harass, threaten, or harm anyone.

The Service, including its software, design, and content that we provide, belongs to Stick10 and its licensors and is protected by intellectual-property law. These Terms give you a limited, non-exclusive, non-transferable right to use the Service for your Facility's internal business. Feedback you send us may be used without obligation to you.

The Service is provided "as is" and "as available", without warranty of any kind. To the fullest extent permitted by law, Stick10 disclaims all warranties, express or implied, including merchantability, fitness for a particular purpose, title, non-infringement, and any warranty arising from course of dealing or usage of trade. We do not warrant that the Service will be uninterrupted, error-free, secure, or that data will not be lost.

Some jurisdictions do not allow the exclusion of implied warranties, so some of the above may not apply to you.

To the fullest extent permitted by law, Stick10 and its owners, employees, and contractors will not be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for lost profits, revenue, data, or goodwill, arising out of or related to the Service or these Terms, even if advised of the possibility. Stick10 is not liable for any injury, illness, or death of any athlete or other person, or for any act or omission of a Facility, its staff, or its customers.

Our total liability for all claims arising out of or related to the Service or these Terms will not exceed the greater of (a) the amount you paid us in the twelve months before the claim arose and (b) one hundred US dollars ($100).

These limits apply regardless of the legal theory and are an essential part of the bargain between us. Some jurisdictions limit these exclusions, so some may not apply to you.

You will defend, indemnify, and hold harmless Stick10 and its owners, employees, and contractors from any claim, loss, liability, and expense (including reasonable legal fees) arising out of or related to: (a) Customer Data; (b) your or your users' use of the Service; (c) your Facility's programs, premises, staff, athletes, or customers, including any personal injury; (d) your breach of these Terms or of any law, including privacy law; or (e) any dispute between a Facility and its customers or staff.

These Terms are governed by the laws of the State of [STATE — confirm with counsel], United States, without regard to conflict-of-law rules.

Informal resolution first. Before filing a claim, you agree to contact us at [email protected] and try in good faith to resolve the dispute for at least 30 days.

Arbitration. Any dispute not resolved informally will be settled by binding individual arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules, rather than in court, except that either party may bring an individual claim in small-claims court or seek an injunction to protect intellectual property. The arbitrator's award may be entered in any court with jurisdiction.

No class actions. You and Stick10 agree to bring claims only in an individual capacity, not as a plaintiff or class member in any class, consolidated, or representative proceeding.

You may opt out of this arbitration agreement by emailing us within 30 days of first accepting these Terms, stating that you opt out. If the class-action waiver is found unenforceable for a particular claim, that claim must be brought in court, and the courts located in the State of [STATE — confirm with counsel], United States will have exclusive jurisdiction.

You may close your account at any time. We may suspend or terminate your access if you breach these Terms, if required by law, if the Service or beta ends, or if your account is inactive for more than 12 months, and we will try to give reasonable notice where practical. On termination your right to use the Service ends; Sections 6 and 9 through 14 survive.

We may update these Terms from time to time. When we do, we will change the version date at the top of this page and ask you to review and accept the new Terms the next time you sign in. Continued use after accepting constitutes agreement. If you do not agree to a change, stop using the Service and close your account.

These Terms and the Privacy Policy are the entire agreement between you and Stick10 about the Service. If any provision is unenforceable, the rest remains in effect. Our failure to enforce a provision is not a waiver. You may not assign these Terms without our consent; we may assign them in connection with a merger, acquisition, or sale of assets. Notices to you may be sent to the email on your account. Contact us at [email protected].