Terms & Conditions

Terms of Service

Last updated: Feb 15, 2024 3:55 PM

Please read these Terms of Service (these "Terms" ) carefully before you access our websites located at https://athlytic.io, install or use our Athlytic mobile application, or otherwise use any other software (each separately and collectively, the "Application") supplied by Athlytic, Inc., a corporation formed under the laws of the State of Delaware ("us," "we," "our," or “Athlytic”) as these Terms contains important information regarding your use of the Application and limitations of our liability.

We provide an online marketplace that connects you and other college athletes (each an "Athlete") and businesses (each a "Brand"). The Application permits a Brand to engage one or more Athletes to promote the business, products, and services, either in-person, virtually, and/or through the use of social media platforms, of said Brand. Once a Brand submits a proposal to an Athlete, the Application notifies the applicable Athlete(s) that an opportunity is available, and the Application facilitates the contract between the parties and payments related to the contract and tracks the completion of services to be rendered by the Athlete to the Brand. Athlytic is not a Brand, Athlete, or financial institution.

Your access to and use of the Application is conditional upon your acceptance of and compliance with these Terms. These Terms apply to everyone, including but not limited to visitors, users, and others, who wish to access and use the Application.

NOTE: THESE TERMS CONTAIN A DISPUTE RESOLUTION AND ARBITRATION PROVISION, INCLUDING CLASS ACTION WAIVER THAT AFFECTS YOUR RIGHTS UNDER THESE TERMS AND CONCERNING DISPUTES YOU MAY HAVE WITH ATHLYTIC.

By accessing or using the Application, you hereby represent and warrant that:

you have read, understand and agree to be bound by these Terms; you are at least 18 years of age; you have authority to enter into these Terms personally and, if applicable, on behalf of any organization on whose behalf you have created an account and to bind such organization.

The terms “user” and “users” refer to all individuals and other persons who access or use the Application. If you disagree with any part of these Terms, then you do not have our permission to access or use the Application.

Payment Terms

You agree to pay all applicable fees related to your use of the Application. You are also liable for all applicable transaction taxes on income generated using the Application (other than taxes based on our income). We may suspend or terminate your account and/or access to the Application if our payment is late and/or cannot be processed. By providing a payment method, you expressly authorize us to charge the applicable fees on said payment method as well as taxes and other charges incurred thereto at regular intervals, all of which depend on your particular use and utilized services.

We understand that you might cancel your account, but please know that we will not provide any refund(s) and you will be responsible for paying any balance due on the account. To make things less complicated, you agree that we may charge any unpaid fees to your provided payment method and/or send you a bill for such unpaid fees.

Athletes and Brands Are Independent

You acknowledge and agree that we have no responsibility or liability for the acts or omissions of any Athlete or Brand. We provide a platform to facilitate business relationships between Brands on one hand and Athletes on the other. You agree that we are not responsible for any user’s terms, actions, or practices, and do not verify any user’s compliance with applicable laws, regulations, or policies. We have no responsibility or liability for acts or omissions by any Brand or Athlete.

Purchases

When you make a purchase on the Application, you will be using a third-party payment processor, Stripe, that will collect your payment information and process your payment. We are not responsible for the collection, use, sharing or security of your billing information by Stripe. The following payment method(s) are accepted by the third-party payment processor: American Express, Discover, MasterCard, and Visa.

You hereby represent and warrant that you have the legal right to use the payment method(s) in connection with any purchase and that the information that you supply to us and to the third-party payment processor(s) is true, correct, and complete.

Cancellation Policy

We offer cancellations on purchases made of the services and digital products offered within the Application. We offer cancellations only prior to the performance of the service. You may cancel your order via the Application. You will not be charged a cancellation fee if you cancel your purchase in accordance with the instructions above. We will issue you a refund of the full purchase price that you paid if you cancel your purchase.

We reserve the right to cancel your purchase for any reason, at our sole discretion, including but not limited to fraud, inaccuracies, and unavailability of the items or services purchased. We will provide you with fourteen (14) days' notice prior to canceling your order.

We will issue you a refund of the full purchase price that you paid if we cancel your purchase.

Refund Policy

We do not offer refunds on any purchases made on the Application.

Advance Payments

We may ask you to provide an advance payment on any purchase made of the services and digital products offered within the Application. An advance payment is a partial payment of the total purchase price that will help pay for our actual expenses while providing the services and digital products. We will issue you a refund of the advance payment that you made if we cancel. We will issue you a refund of the advance payment that you made if you cancel.

DISCLAIMER OF WARRANTIES

THE ITEMS OR SERVICES DISPLAYED OR SOLD WITHIN THE APPLICATION ARE PROVIDED “AS IS,” NO WARRANTY, EXPRESS OR IMPLIED (INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, OF SATISFACTORY QUALITY OR FITNESS FOR A PARTICULAR PURPOSE OR USE) SHALL APPLY TO ANY ITEMS OR SERVICES DISPLAYED OR SOLD WITHIN THE APPLICATION, WHETHER ARISING BY LAW, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE OR OTHERWISE.

Remedies

You agree that the remedy for breach of these Terms as it relates to your access to and use of the Application shall be none. You also agree that the remedy for breach of these Terms as it relates to your access to and use of the Application shall be to pursue dispute resolution as provided in the “governing law, severability, dispute resolution, venue and class action waiver” section below. These remedies intended to be your sole and exclusive remedies for any breach of these Terms as it relates to your access to and use of the Application.

Subscriptions

The Application features products or services that are offered via a subscription model. A subscription model requires regular payments to receive a product or service. The initial term of the subscription is one (1) Year. We do not offer the option to revoke your subscription shortly after making your purchase. There is no minimum purchase required to qualify for the subscription.

Automatic Renewals

When you purchase a subscription on the Application, your subscription will automatically renew every six (6) months. We will automatically renew your subscription by using the payment method on file until you cancel your subscription.

You may cancel the automatic renewals of your subscription via your account on the Application. Please note that you will no longer receive the items or services provided by the subscription on your cancellation effective date.

You may cancel the automatic renewals of your subscription via Through the Application. Please note that you will no longer receive the items or services provided by the subscription on your cancellation effective date.

The cancellation of the automatic renewal of your subscription will become effective immediately upon your contacting us.

User Accounts

When you create an account on the Application, you guarantee that you are eighteen (18) years of age or older and that the information that you provide us is accurate, complete, and current at all times. Inaccurate, incomplete, or obsolete information may result in the immediate termination of your account on the Application.

You are solely responsible for maintaining the confidentiality of your account and password, including but not limited to the restriction of access to your computer and/or account. You agree to accept responsibility for any and all activities or actions that occur under your account and/or password, whether your password is with the Application or a third-party service. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account. We will not be liable, and you may be liable for losses, damages, liability, expenses, and fees incurred by us or a third party arising from someone else using your account, regardless of whether you have notified us of such unauthorized use. If you provide any information that is untrue, inaccurate, not current, or incomplete, or we have reasonable grounds to suspect that such information is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Application.

We reserve the right to terminate your account anytime at our sole discretion. You can terminate your account by contacting us.

User Submitted Content

Certain areas of the Application may permit you to submit feedback, information, data, text, software, messages, or other materials (each, a "User Submission"). You agree that you are solely responsible for all of your User Submissions and that any such User Submission is considered both non-confidential and non-proprietary. Further, we do not guarantee that You will be able to edit or delete any User Submission you have submitted.

By submitting any User Submission, you are promising us that:

Unless you have written permission from us stating otherwise, you are not authorized to use the Application to do the following (these are examples only and the list below is not a complete list of everything that you are not permitted to do):

  1. You own all rights in your User Submissions (including, without limitation, all rights to the reproduction and display of your User Submissions) or, alternatively, you have acquired all necessary rights in your User Submissions to enable you to grant to us the rights in your User Submissions as described in these Terms;

  2. You have paid and will pay in full all license fees, clearance fees, and other financial obligations, of any kind, arising from any use or commercial exploitation of your User Submissions;

  3. Your User Submissions do not infringe the copyright, trademark, patent, trade secret, or other intellectual property rights, privacy rights, or any other legal or moral rights of any third party;

  4. You voluntarily agree to waive all "moral rights" that you may have in your User Submission;

  5. Any information contained in your User Submission is not known by you to be false, inaccurate, or misleading;

  6. Your User Submission does not violate any law (including, but not limited to, those governing export control, consumer protection, unfair competition, anti-discrimination, or false advertising);

  7. Your User Submission is not, and may not reasonably be considered to be, defamatory, libelous, hateful, racially, ethnically, religiously, or otherwise biased or offensive, unlawfully threatening, or unlawfully harassing to any individual, partnership, or corporation, vulgar, pornographic, obscene, or invasive of another's privacy;

  8. You were not and will not be compensated or granted any consideration by any third party for submitting your User Submission under these Terms;

  9. Your User Submission does not incorporate materials from a third-party website, or addresses, email addresses, contact information, or phone numbers (other than your own);

  10. Your User Submission does not contain any viruses, worms, spyware, adware, or other potentially damaging programs or files;

  11. Your User Submission does not contain any information that you consider confidential, proprietary, or personal; and

  12. Your User Submission does not contain or constitute any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of solicitation.

By submitting a User Submission, you grant to us an irrevocable, perpetual, transferable, non-exclusive, fully-paid, worldwide, royalty-free license (sublicensable through multiple tiers) to:

  1. Use, distribute, reproduce, modify, adapt, publish, translate, publicly perform, and publicly display your User Submissions (or any modification thereto), in whole or in part, in any format or medium now known or later developed;

  2. Use (and permit others to use) your User Submission in any manner and for any purpose (including, without limitation, commercial purposes) that we deem appropriate in our sole discretion (including, without limitation, to incorporate your User Submission or any modification thereto, in whole or in part, into any technology, product, or service);

  3. Display advertisements in connection with your User Submissions and to use your User Submissions for advertising and promotional purposes.

We may, but are not obligated to, pre-screen User Submissions or monitor any area of the Application through which User Submissions may be submitted or viewed. We are not required to host, display, or distribute any User Submissions on or through the Application and may remove at any time or refuse any User Submissions for any reason. We are not responsible for any loss, theft, or damage of any kind to any User Submissions. Further, you agree that we may freely disclose your User Submission to any third party absent any obligation of confidence on the part of the recipient.

Feedback

Any submissions by you to us (e.g., comments, questions, suggestions, materials) (collectively, “Feedback”) through any communication whatsoever (e.g., call, fax, email) will be treated as both non-confidential and non-proprietary. Except as prohibited by applicable law, you hereby assign all right, title, and interest in, and we are free to use, without any attribution or compensation to you, any ideas, know-how, concepts, techniques, or other intellectual property and proprietary rights contained in the Feedback, whether or not patentable, for any purpose whatsoever, including but not limited to, developing, manufacturing, having manufactured, licensing, marketing, and selling, directly or indirectly, products and services using such Feedback. Where the foregoing assignment is prohibited by law, you hereby grant us an exclusive, transferable, worldwide, royalty-free, fully paid-up license (including the right to sublicense) to use and exploit all Feedback as we may determine in our sole discretion. Notwithstanding the foregoing, you understand and agree that we are not obligated to use, display, reproduce, or distribute any such ideas, know-how, concepts, or techniques contained in the Feedback, and you have no right to compel such use, display, reproduction, or distribution.

Prohibited Uses

We authorize your use of the Application only for authorized purposes. Any other use of the Application beyond the authorized purposes is prohibited and, therefore, constitutes unauthorized use of the Application. This is because as between you and us, all rights in the Application remain our property.

Unless you have written permission from us stating otherwise, you are not authorized to use the Application to do the following (these are examples only and the list below is not a complete list of everything that you are not permitted to do):

  1. Impersonate or attempt to impersonate Athlytic, Inc. or its employees, representatives, subsidiaries or divisions;

  2. Misrepresent your identity or affiliation with any person or entity;

  3. Send or attempt to send any advertising or promotional material, including but not limited to spam, junk mail, chain mail or any similar material;

  4. Engage in any conduct that restricts or inhibits any person’s use or enjoyment of the Application, or which, as determined in our sole discretion, may harm us or the users of this Application or expose us or other users to liability;

  5. Use the Application in any manner that could disable, overburden, damage or impair the Application or interfere with another party’s use of the Application;

  6. Use any robot, spider or other similar automatic technology, process or means to access or use the Application for any purpose, including monitoring or copying any of the material on this Application;

  7. Use any manual process or means to monitor or copy any of the material on this Application or for any other unauthorized purpose;

  8. Use any device, software, means or routine that interferes with the proper working of the Application, including but not limited to viruses, trojan horses, worms, logic bombs or other such materials;

  9. Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Application, the server(s) on which the Application is stored, or any server, computer or database connected to the Application;

  10. Attempt to attack or attacking the Application via a denial-of-service attack or a distributed denial-of-service attack;

  11. Otherwise attempt to interfere with the proper working of the Application;

  12. Use the Application in any way that violates any applicable federal, state or local laws, rules, regulations, policies or these Terms.

NO WARRANTY ON THE APPLICATION

THE APPLICATION IS PROVIDED “AS IS,” NO WARRANTY, EXPRESS OR IMPLIED (INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, OF SATISFACTORY QUALITY OR FITNESS FOR A PARTICULAR PURPOSE OR USE) SHALL APPLY TO THE APPLICATION, WHETHER ARISING BY LAW, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE OR OTHERWISE.

Availability, Errors, and Inaccuracies

We assume no liability for the availability, errors or inaccuracies of the information, products or services provided on the Application. We may experience delays in updating information on the Application. The information, products and services found on the Application may contain errors or inaccuracies or may not be complete or current. Products or services may be incorrectly priced or unavailable. We expressly reserve the right to correct any errors on the Application. The inclusion or offering of any product or service on the Application, or listing of any Brand, Athlete, or other parties within the Application, does not constitute an endorsement or recommendation of such product, service, or party by us.

DAMAGES AND LIMITATION OF LIABILITY

IN NO EVENT SHALL ATHLYTIC, INC. BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF, RELATING TO, OR IN ANY WAY CONNECTED WITH YOUR ACCESS TO, DISPLAY OF OR USE OF THE APPLICATION OR WITH THE DELAY OR INABILITY TO ACCESS, DISPLAY OR USE THE APPLICATION, INCLUDING BUT NOT LIMITED TO YOUR RELIANCE UPON OPINIONS OR INFORMATION APPEARING ON THE APPLICATION; ANY COMPUTER VIRUSES, INFORMATION, SOFTWARE, LINKED WEBSITES OPERATED BY THIRD PARTIES, PRODUCTS OR SERVICES OBTAINED THROUGH THE APPLICATION, WHETHER BASED ON A THEORY OF NEGLIGENCE, CONTRACT, TORT, STRICT LIABILITY, CONSUMER PROTECTION STATUTES OR OTHERWISE, EVEN IF ATHLYTIC, INC. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

THIS LIMITATION OF LIABILITY REFLECTS THE ALLOCATION OF RISK BETWEEN YOU AND US. THE LIMITATIONS SPECIFIED IN THIS SECTION WILL SURVIVE AND APPLY EVEN IF ANY LIMITED REMEDY SPECIFIED IN THESE TERMS OF USE IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. THE LIMITATIONS OF LIABILITY PROVIDED IN THESE TERMS OF USE INURE TO THE BENEFIT OF ATHLYTIC, INC. THE AGGREGATE LIABILITY OF ATHLYTIC, INC. ARISING OUT OF OR RELATING TO THE APPLICATION, WHETHER ARISING OUT OF OR RELATED TO BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE SHALL BE LIMITED TO THE AMOUNT OF FEES YOU PAY ATHLYTIC, INC. DURING THE SIX (6) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO SUCH CLAIM.

Third-Party Interactions

The Application may contain hyperlinks to websites operated by third parties and not by us. We provide such hyperlinks for your reference only. We do not control such websites and are not responsible for their contents or the privacy or other practices of such websites. Further, it is your responsibility to take precautions to ensure that whatever links you click on or software that you download, whether from the Application or other websites or applications, is free of such items as viruses, worms, trojan horses, defects, and other items of a destructive nature. Our inclusion of hyperlinks to such websites does not imply any endorsement of the material on such websites or any association with their operators.

Use of Google Cloud Services

In addition to the services provided directly by Athlytic, Inc., certain functionalities and features of the Application may rely on or be hosted by Google Cloud services ("Google Cloud"). By using the Application, you acknowledge and agree to comply with Google Cloud's terms of service and any additional terms and conditions imposed by Google Cloud.

You understand and acknowledge that Athlytic, Inc. is not responsible for the performance, availability, or security of Google Cloud services. Any issues, interruptions, or breaches related to Google Cloud services are governed solely by Google Cloud's terms and policies.

You agree to indemnify and hold harmless Athlytic, Inc., its officers, directors, employees, agents, and affiliates from any claims, damages, losses, liabilities, and expenses arising out of or related to your use of Google Cloud services in connection with the Application.

Athlytic, Inc. reserves the right to modify, suspend, or terminate access to any features or functionalities of the Application that rely on Google Cloud services, without prior notice or liability.

By continuing to use the Application, you expressly consent to the use of Google Cloud services as described herein.

For more information about Google Cloud services, please visit Google Cloud Terms of Service.

Intellectual Property; DMCA Notice; IP Infringement Claims

All contents of the Application are ©2021 - 2022 Athlytic, Inc. or third parties. All rights reserved. Unless specified otherwise, the Application and all content and other materials on the Application, including, but not limited to, all logos, designs, text, graphics, pictures, information, data, software, sound files, and arrangement thereof (collectively, “Content”) are the proprietary property of Athlytic, Inc. and are either registered trademarks, trademarks or otherwise protected intellectual property of Athlytic Inc. or third parties in the United States and/or other countries.

If you are aware of a potential infringement of our intellectual property, please contact us at contact@athlytic.io.

We respect the intellectual property rights of others. It is our policy to respond to any claim that Content posted on the Application infringes on the copyright, trademark, or other intellectual property rights of any person or entity.

If you believe in good faith that the Content infringes on your intellectual property rights, you or your agent may send us written notice of such infringement titled “Infringement of Intellectual Property Rights - DMCA.” Your notice to us must include the following information:

  1. An electronic or physical signature of the person authorized to act on behalf of the owner of the intellectual property right’s interest;

  2. A description of the work that you claim has been infringed, including the URL (i.e., web page address) of the location where the work exists or a copy of the work;

  3. Your name, email, address and telephone number; and

  4. A statement by you that you have a good faith belief that the disputed use is not authorized by the owner of the work, its agent or the law.

Please note that we will not process your complaint if it is not properly filled out or is incomplete. You may be held accountable for damages, including but not limited to costs and attorneys’ fees for any misrepresentation or bad faith claims regarding the infringement of your intellectual property rights by the Content on the Application.

You may submit your claim to us by contacting us at:

Athlytic, Inc.
contact@athlytic.io
313.673.5251
269 Walker Street
Detroit, MI 48207

Intellectual Property Infringement

We respect the intellectual property rights of others and encourage you to do the same. Accordingly, we have a policy of removing User Submissions that violate the intellectual property rights of others, suspending access to the Application (or any portion thereof) to any user who uses the Application in violation of someone’s intellectual property rights, and/or terminating in appropriate circumstances the account of any user who uses the Application in violation of someone’s intellectual property rights.

Indemnification

You agree to indemnify and hold harmless Athlytic, Inc. and its officers, directors, employees, agents, and affiliates (each, an “Indemnified Party”), from and against any losses, claims, actions, costs, damages, penalties, fines, and expenses, including without limitation, attorneys’ fees and expenses, that may be incurred by an Indemnified Party arising out of, relating to or resulting from (a) your User Submissions; (b) your misuse of the Applications; (c) your breach of these Terms or any representation, warranty or covenant in these Terms; or (d) your violation of any applicable laws, rules or regulations through or related to the use of the Application. In the event of any claim, allegation, suit, or proceeding alleging any matter potentially covered by the agreements in this paragraph, you agree to pay for the defense of the Indemnified Party, including reasonable costs and attorneys’ fees incurred by the Indemnified Party. Athlytic reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Athlytic in asserting any available defenses. This provision does not require you to indemnify any Indemnified Party for any unconscionable commercial practice by such party, or for such party’s negligence, fraud, deception, false promise, misrepresentation or concealment, suppression, or omission of any material fact in connection with the Application. You agree that the provisions in this paragraph will survive any termination of your account, these Terms, or your access to the Application.

No Joint Venture or Partnership

No joint venture, partnership, employment, or agency relationship exists between you, Athlytic, or any third-party provider as a result of these Terms or use of the Application.

Communications with Athlytic

By creating an Athlytic account, you electronically agree to accept and receive communications from Athlytic, Brands, Athletes, or third parties providing services to Athlytic, including via email, text message, calls, and push notifications to the cellular telephone number you provided to us. You understand and agree that you may receive communications generated by automatic telephone dialing systems and/or which will deliver prerecorded messages sent by or on behalf of Athlytic, and its affiliated companies, including but not limited to communications concerning engagements offered within or submitted through the Application. Message and data rates may apply.

Governing Law, Dispute Resolution, Venue and Class Action Waiver

These Terms shall be governed and construed in accordance with the laws of the state of Michigan, without regard to its conflict of laws provisions. These terms shall not be governed by the United Nations convention on contracts for the sale of international goods, the Uniform Commercial Code, or Incoterms.

Our failure to enforce any right or provision of these Terms will not be considered a waiver of that right or provision. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between you and us regarding our Application, and supersede and replace any prior agreements we might have had with you regarding the Application.

Any controversy or claim arising out of or relating to these Terms including but not limited to the interpretation or breach thereof shall be resolved in a court of competent jurisdiction in Wayne County, Michigan.

YOU AND ATHLYTIC, INC. AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION.

Changes to Terms of Service

We reserve the right to make changes to these Terms or other policies applicable to the Application at any time, effective upon posting an updated version of these Terms to the Application. We will notify you immediately of making any changes to these Terms by posting the updated terms of service to the Application. You should regularly review these Terms, as your continued use of the Application after any such constitutes your agreement to such changes.

Questions

If you have any questions about theseTerms, please contact us at contact@athlytic.io.

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