TERMS OF SERVICE

Effective on August 3, 2022

Table of Contents:

  1. Terms

  2. Privacy

  3. Use of Services

  4. Rights and Limits

  5. Conduct, General Prohibitions

  6. Participation in Events

  7. Third Party Websites or Resources

  8. Disclaimer of Warranties

  9. Limitation of Liability

  10. Governing Law

  11. General Terms

  12. How to Contact Us

1 Terms

Welcome to Athletix Testing. We specialize in athletic performance testing and data analytics, and we publish performance data, scores and industry trends through our websites and web application (“App”). Please read these Athletix Testing Terms of Service (the “Terms”) carefully, because the Terms govern your interaction with any website we own or operate (“Sites”), purchase of any Athletix merchandise, participation in Athletix Testing events (“Events”), and more generally your use of any Athletix Testing products or services (together with the App, the “Services”)

You agree that by clicking “Sign Up”, registering, accessing or using our Services, you are agreeing to enter into a legally binding contract, as governed by these Terms, with Athletix Testing (even if you are using our Services on behalf of a company). If you do not agree these Terms, do not click “Sign Up” (or similar) and do not access or otherwise use any of our Services. If you wish to terminate this contract, at any time you can do so by closing your account and no longer accessing or using our Services, however the data gathered will be retained for compliance and/or non-personally identifiable aggregation purposes.

You are entering into these Terms with Athletix Testing CZ (also referred to as “we” and “us”) located at the address provide in the Contact Us section below. Athletix Testing may modify these Terms at any time, and if we do, we will notify you by posting the modified Terms on our Sites or in the App. It is important you review any modified Terms before you continue using the Services. If you continue to use the Services, you are bound by the modified Terms. If you don’t agree to be bound by the modified Terms, then you may not use the Services.

If you breach these Terms we may take action against you, including but not limited to terminating your account. You acknowledge that Athletix Testing has no obligation to, and will not, reimburse or refund you for Services lost due to involuntary suspension or termination of your account.

2 Privacy & Data Protection

Please refer to our Privacy Policy to help you understand what information we collect, how we us it and what choices you have when you use our Services.

3 Use of Services

3.1 Who May Use Our Services

Unless stated otherwise for a particular Service, children are not allowed to use our Services. A “Child” is a person (a) under 13 years old (for residents outside EEA); (b) under 16 years old or such age needed to consent to processing of personal data in their country of residence (for residents of the EEA).

For Services that permit Child participation, such as in-person testing Events, parents or legal guardians (“Parents”) must provide verified consent. Prior to allowing a Child to participate in these Events, Parents must provide and verify their consent by signing our in-person Participation Agreement in which they give permission for the Child to participate in the event and consent to the collection, use and processing of their Child’s personal data as stated in our Privacy Policy.

3.2 Your Account

When you register for an account on our App or Sites, you become a “Member”. Member types include, but are not limited to, Adult Athletes, Parents (of Minor Athletes), Professional Users (Coaches/Event Organizers, Sports Organizations), or Industry Partners. The functionality of the App or Site will vary based on your Member type and/or what Events you have participated in. If you have not registered for our Services as a Member, you may access certain features as a “Visitor.”

Members are account holders. As an account holder, you agree to: (1) use a strong password and keep it confidential; (2) not to transfer any part of your account and (3) follow the law and our Conduct and General Prohibitions, as stated in section 5 below. You are responsible for anything that happens through your account unless you close it or report misuse. We reserve the right to terminate any account or modify account status for any reason in our sole discretion.

TO THE EXTENT PERMITTED UNDER APPLICABLE LAW, ATHLETIX TESTING DECLINES ANY RESPONSIBILITY REGARDING ANY ACTIVITIES CONDUCTED BY A CHILD WITH OR WITHOUT THE PERMISSION OF A PARENT. IF YOU ARE A PARENT AND YOU GIVE YOUR PERMISSION FOR YOUR CHILD TO REGISTER FOR ONE OF THE SERVICES, YOU THEREBY AGREE TO THE TERMS RELATING TO USE OF THE SERVICES BY YOUR CHILD.

3.3 Payment

If you buy any of our paid Services (“Premium Services”), you agree to pay us the applicable fees and taxes specific to the paid Services. Failure to pay these fees will result in the termination of your paid Service. Also you agree that:

If you purchase a subscription, your payment method automatically will be charged at the start of each subscription period for the fees and taxes applicable to that period. To avoid future charges, cancel before the renewal date.

We may store and continue billing your payment method (e.g. credit card) even after it has expired, to avoid interruption in your Services and to use to pay other Services you may buy.

Your purchases may be subject to foreign exchange fees or differences in prices based on location (e.g. exchange rates).

We may calculate taxes payable by you based on the billing information that you provide us at the time of purchase.

All purchases of Services are subject to our refund policy

3.4 Account Suspension or Termination

We may suspend, limit, or terminate your access to and use of the Services, at our sole discretion, at any time and without notice to you, including if (a) you fail to comply with these Terms; (b) we suspect fraud, cheating, or misuse by you of Services; or (c) we suspect any other unlawful activity associated with your Account.

You may terminate your account at any time. Upon termination of any Services or your account, the following shall survive termination: (a) our rights to use and disclose your feedback; (b) Members and/or Visitors’ rights to further re-share content and information you shared through the Services; (c) data retained for compliance and/or non-personally identifiable aggregation purposes.

3.5 Notices and Messages

You agree that we will provide notices and messages to you in the following ways: (1) within the Service, or (2) sent to the contact information you provided us (e.g., email, mobile number, physical address). You agree to keep your contact information up to date.

3.6 Service Availability

We may change, suspend or discontinue any of our Services. We may also modify our prices prospectively upon reasonable notices and to the extent allowed by law.

We do not promise to store or keep showing any information and content on our Sites or App. Athletix is not a storage service. You agree that we have no obligation to store, maintain, or provide you a copy of any content or information that you or others provide, except to the extent required by applicable law and as noted in our Privacy Policy.

4 Rights and Limits

4.1 Your License to Athletix Testing

As between you and Athletix Testing, you grant Athletix Testing and our affiliates (i.e., companies controlling, controlled by or under common control with us) a perpetual, worldwide, nonexclusive, transferable, royalty-free, sublicensable right to use, copy, modify, distribute, create derivative works based upon, market, publish and process your information (including data collected during Events) and User Content the services of others, without following consent and/or compensation to you or others. “User Content” means any content a user of a Service provides to be made available through Services.

You and Athletix Testing agree that we may access, store, process and use any information and personal data you provide in accordance with the terms of the Privacy Policy.

By submitting suggestions or other feedback regarding our Services to Athletix Testing, you agree that Athletix Testing can use and share (but does not have to) such feedback for any purpose without compensation to you.

4.2 Limited License to Use

You acknowledge that Athletix Testing uses proprietary systems, algorithms, and reports to process your personal data, body metrics into athletic performance metrics and graphics. Subject to your compliance with these Terms, Athletix Testing grants you a personal, noncommercial, nonexclusive, nonsublicensable, revocable, limited license to download, view, display and use the Content solely for your permitted use within the Services. “Content” means the text, software, scripts, graphics, photos, sounds, music, videos, communications, interactive features, works of authorship of any kind, and information or other materials that are generated (including personal athletic performance scores, data, and metrics) or otherwise made available through the Services, including User Content.

Except as expressly permitted by these Terms or under applicable law, you may not: (a) copy, modify, or create derivative works based on the Apps, or data generated by our Apps; (b) distribute, transfer, sublicense, lease, lend, or rent the Apps, or data generated by our Apps, to any third party; (c) reverse engineer, decompile, or disassemble the Apps; (d) make the functionality of the Apps available to multiple users through any means. Athletix Testing reserves all rights in and to the Apps not expressly granted to you under these Terms.

4.3 Intellectual Property Rights

Athletix Testing and its licensors exclusively own all right, title and interest in and to the Services and Content, including all associated intellectual property rights. You acknowledge that the Services and Content are protected by copyright, trademark and other laws of the United States and foreign countries. You agree not to remove, alter, or obscure any copyright, trademark, service market or other proprietary rights notices incorporated in or accompanying the Services or Content.

4.4 Automated Processing

We use the information and data that you provide and that we have about Members to make recommendations for connections, content and features that may be useful to you. Keeping your profile up to date helps make these recommendations more accurate and relevant.

4.5 Professional Users & Industry Partners

Professional Users (such as Coaches and Event Organizers) and Industry Partners who evaluate the information and data from you and other users of the Services may make decisions that affect you. You understand that these Professional Users and Industry Partners are users of Athletix Services, and are bound to these Terms of Service, but that Athletix does not control their decisions or handling of your data. You agree that Athletix shall not be in any way responsible for decisions that Professional Users make, including any conduct that leads to loss or exposure of your personal information.

5 Conduct and General Prohibitions

You agree that you are responsible for your own conduct and User Content while using the Services, and for any consequences thereof. In addition, you agree not to do any of the following, unless applicable law mandates that you be given the right to do so:

  1. extract, scrape, or index the Services or Content (including information about users or their athletic performance);

  2. collect, store or share any personally identifiable information of other users from the Services without their express permission;

  3. use the Services or Content, or any portion thereof, for any commercial purpose or in a manner not permitted by these Terms, including but not limited to (a) gathering in-App items or resources for sale outside the Apps, (b) performing services in the Apps in exchange for payment outside the Apps, or (c) selling, reselling, or renting the Apps or your Account;

  4. attempt to decipher, decompile, disassemble, or reverse engineer any of the software used to provide the Services or Content;

  5. bypass, remove, deactivate, descramble, or otherwise circumvent any technological measure implemented by Athletix Testing or any of Athletix Testing’s providers or any other third party (including another user) to protect the Services or Content;

  6. post, publish, submit or transmit any Content that infringes, misappropriates, or violates a third party’s patent, copyright, trademark, trade secret, moral right, or other intellectual property rights, or rights of publicity or privacy;

  7. attempt to access or search Services or Content or download Content from the Services through the use of any technology or means other than those provided by Athletix Testing or other generally available third party web browsers (including without limitation automation software, bots, spiders, crawlers, data mining tools, or hacks, tools, agents, engines or devices of any kind);

  8. use, display, mirror, or frame the Services or any individual element within the Services, Athletix Testing’s name, any Athletix Testing trademark, logo, or other proprietary information, or the layout and design of any page or App or Site without Athletix Testing’s express written consent;

  9. access, tamper with, or use nonpublic areas of the Services, Athletix Testing’s computer systems, or the technical delivery systems of Athletix Testing’s providers;

  10. attempt to probe, scan, or test the vulnerability of any Athletix Testing system or network or Service, or breach any security or authentication measures;

  11. interfere with, or attempt to interfere with, the access of any user, host, or network, including without limitation, sending a virus, overlading, flooding, spamming or mailbombing the Services;

  12. use any meta tags or other hidden text or metadata utilizing a Athletix Testing trademark, logo, URL, or product name without Athletix Testing’s express written consent;

  13. forge any TCP/IP packet header or any part of the header information in any email or newgroup posting, or in any way use the Services or Content to send altered, deceptive or false sourcing identifying information;

  14. delete, obscure, or in any manner alter any attribution, warning, or link that appears in the Services or the Content;

  15. violate any applicable law or regulation; or

  16. encourage or enable any other individual to do any of the foregoing.

Although Athletix Testing is not obligated to monitor access to or use of the Services or Content or to review or edit any Content, we have the right to do so for the purpose of operating the Services, to ensure compliance with these Terms and to comply with applicable law or other legal requirements. We reserve the right to remove or disable access to any Content, at any time and without notice. We have the right to investigate violations of these Terms or conduct that affects the services. Athletix Testing may remove content we consider objectionable or in violation of these Terms. We may also consult and cooperate with law enforcement authorities to prosecute users and others who violate the law.

ANY ATTEMPT BY YOU TO DISRUPT OR INTERFERE WITH THE SERVICES, INCLUDING WITHOUT LIMITATION UNDERMINING OR MANIPLATING THE LEGITIMATE OPERATION OF ANY SITE OR APP, IS A BREACH OF ATHLETIX TESTING’S TERMS AND MAY BE A BREACH OR VIOLATION OF CRIMINAL AND CIVIL LAWS.

7 Third Party Websites or Resources

Services may contain links to third party websites or resources. Athletix Testing provides these links only as a convenience and is not responsible for the content, products or services on or available from those websites or resources, or link displayed on such websites. To the extent permitted under applicable law, you acknowledge sole responsibility for and assume all risk arising from, your use of any third party website or resources.

6 Participation in Events

6.1 Event Registration and Cancellation

The term “Event(s)” means any in-person event, gathering, activity or the like which is directly organized, hosted or managed by Athletix Testing. By registering you represent and warrant that the information you provide is true and accurate. If you are registering on behalf of others, you represent and warrant you have all necessary rights and consents to register and provide this information for others.

Reasonably accepted proof of identity, for example a driver’s license or passport, showing the same first and last name as those provided at time of prior registration, may be required to access an Event. Unless otherwise prohibited under applicable law, by attending an Event you acknowledge that Athletix Testing will use your data collected pursuant to the Privacy Policy for providing Event features (both in person and online), including contacting you and giving you updates about the Event, mailing you required materials, or providing emergency or severe weather conditions.

For Events that involve athletic performance testing activities, all participants will be provided a Participation Agreement during the registration process. Adult Athletes and Parents of Minor Athletes must sign an Participation Agreement and accept these Terms prior to being able to participate in the Event.

Event date, time and/or location are subject to change at any time, and Athletix Testing will make a commercially reasonable effort to notify you in advance of any material changes. If an Event is canceled, suspended, or rescheduled and you are not able to attend, you will not be entitled to any compensation other than a refund of your registration fee at its face value with no further liability or compensation from Athletix Testing or any other party. Any travel or accommodation costs incurred are entirely your responsibility.

6.2 Event Conduct and Policies

You shall at all times comply with all applicable laws and any rules and policies provided by Athletix Testing or any other authorized party involved in creating or delivering the Event, including all health and safety policies and procedures and all reasonable instructions of the venue staff and Athletix Testing representatives at the Event.

Athletix Testing and its authorized third parties reserve the right to refuse admission to, or to remove from an Event without refund or compensation of any kind, any person that (a) does not comply with these Terms, (b) engages in disorderly conduct or willful misconduct, or (c) Athletix Testing or its authorized third parties believe will cause a negative effect on the Event, participants, spectators and/or personnel.

6.3 Assumption or Risk

Unless prohibited by applicable law, you agree that by participating in or attending an Event, you willingly, knowingly and voluntarily assume any and all risks occurring before, during and after the Event, including injury by any cause and damage, loss or theft of property. You acknowledge that Events, and certain activities at Events, have inherent and unforeseen risks, including but not limited to (a) contact or collision with persons or objects, (b) obstacles (e.g., water, road and surface hazards), (c) equipment related hazards (e.g., broken, defective or inadequate equipment, unexpected equipment failure), weather related hazards, (e) inadequate first aid and/or emergency measures, and (f) judgement and/or behavior related problems (e.g., erratic or inappropriate participate, co-participant, or spectators behavior or errors in judgement by personnel at the Event). You agree to take reasonable precautions before attending or participating in an Event and its activities, for example consulting with a personal physician and ensuring you are in good physical health, and wearing appropriate attire. You further understand and acknowledge it is your responsibility to inspect the Event grounds, facilities, equipment and areas to be used, and that by participating in the Event, you acknowledge the Event grounds, facilities, equipment, and areas to be used are safe, adequate, and acceptable for participation. If you believe of become aware of any unsafe conditions or unreasonable risks, you agree to immediately notify appropriate personnel and cease participation in the Event.

6.4 Recordings and Use of Likeness

You consent to and approve of Athletix Testing’s recording of your image, likeness, name, dialogue, biographic information, personal characteristics, and voice at Events and the royalty free use of this information subject to the same “Your License to Athletix Testing” above.

8 Disclaimers of Warranties

ATHLETIX TESTING AND ITS AFFILIATES MAKE NO REPRESENTATION OR WARRANTY ABOUT THE SERVICES, INCLUDING ANY REPRESENTATION THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, AND PROVIDE THE SERVICES (INCLUDING CONTENT AND INFORMATION) ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, ATHLETIX TESTING AND ITS AFFILIATES DISCLAIM ANY IMPLIED OR STATUTORY WARRANTY, INCLUDING ANY IMPLIED WARRANTY OF TITLE, ACCURACY OF DATA, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.

YOU ASSUME ALL RISKS RELATING TO YOUR ONLINE OR OFFLINE COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE SERVICES AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SERVICES. ATHLETIX TESTING MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF USERS OF THE SERVICES.

9 Limitation of Liability

TO THE EXTENT PERMITTED UNDER APPLICABLE LAW, NEITHER ATHLETIX TESTING NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SERVICES OR CONTENT WILL BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE SERVICES, ARISING OUT OF OR IN CONNECTION WITH THESE TERMS, OR FROM THE USE OF OR INABILITY TO USE THE SERVICES OR CONTENT, OR FROM ANY COMMUNICATIONS, INTERACTIONS, OR MEETINGS WITH OTHER USERS OF THE SERVICES OR PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT ATHLETIX TESTING HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.

ATHLETIX TESTING AND ITS AFFILIATES WILL NOT BE LIABLE TO YOU IN CONNECTION WITH THIS CONTRACT FOR ANY AMOUNT THAT EXCEEDS (A) THE TOTAL FEES PAID OR PAYABLE BY YOU TO ATHLETIX TESTING FOR THE SERVICES DURING THE TERM OF THIS CONTRACT, IF ANY, OR (B) US $1000. THE EXCLUSIONS AND LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN ATHLETIX TESTING AND YOU.

10 Governing Law and Dispute Resolution

If you live in the European Economic Area (EEA), European Union (EU) and Switzerland, the laws of Czech Republic will govern all claims related to Athletix Testing’s provisions of the Services, but shall not deprive you of the mandatory consumer protections under the law of the country to which we direct your Services where you have habitual residence. With respect to jurisdiction, you and Athletix Testing agree to choose the courts of the county to which we direct your Services where you have habitual residence for all disputes arising out of or relating to this User Agreement, or in the alternative, you may choose the responsible court in Czech Republic.

For others outside the EEA, EU and Switzerland: You and Athletix Testing agree that the laws of the State of Colorado, U.S.A., shall exclusively govern any dispute relating to these Terms and/or the Services. You and Athletix Testing both agree that all claims and disputes can be litigated only in the federal or state courts in Denver County, Colorado, USA and you and Athletix Testing agree to personal jurisdiction in those courts.

11 General Terms

If a court with authority over these Terms finds any part of it unenforceable, you and we agree that the court should modify the terms to make that part enforceable while still achieving its intent. If the court cannot do that, you and we agree to ask the court to remove that unenforceable part and still enforce the rest of these Terms.

If we don’t act to enforce a breach of these Terms, that does not mean that Athletix Testing has waived its right to enforce these Terms. You may not assign nor transfer these Terms (or your membership or use of Services) to anyone without our consent. However, you agree that Athletix Testing may assign these Terms to its affiliates or a party that buys it without your consent. There are no third-party beneficiaries to these Terms.

12 How to Contact Us

For general inquiries, you may contact us at support@athletixtesting.com. For legal notices or service of process, you may write us at these addresses:

For users outside the EEA, EU, and Switzerland:

Athletix s.r.o.

Attn: Legal Department (Privacy Policy and User Agreement)

Masarykovo namesti 1544, Pardubice, 530 02 Czech Republic