Athletify Mobile Application and Web Platform Terms of Service

Last Updated: October 3, 2026

These Terms of Service (the "Agreement") are a binding agreement between you and Athletify, Inc. ("Athletify," "we," "us," or "our") and govern your use of the Athletify website, mobile application, platform, documentation, and related services (collectively, the "Application"). The Application is licensed, not sold.

If you accept this Agreement for an organization, you represent that you are authorized to bind that organization (the "Customer"). The Customer is responsible for its users' compliance with this Agreement and for the Customer's payment and indemnification obligations. Individual authorized users are bound by the license and use restrictions that apply to their use of the Application. If Customer and Athletify have a signed agreement, order form, or data processing addendum that conflicts with this Agreement, that signed agreement controls to the extent of the conflict.

BY CLICKING "AGREE," CREATING AN ACCOUNT, OR USING THE APPLICATION, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THIS AGREEMENT AND AGREE TO BE LEGALLY BOUND BY IT. IF YOU DO NOT AGREE, DO NOT USE THE APPLICATION.

1. License Grant

Subject to this Agreement, Athletify grants Customer and its authorized users a limited, non-exclusive, non-transferable, non-sublicensable right to access and use the Application for Customer's internal business, governmental, educational, or community operations during the applicable subscription term. Individual users may use the Application only as authorized by their Customer.

Users must be at least 14 years old. Customer is responsible for authorizing only eligible users and for obtaining any notices, permissions, or consents required for its users' access to or use of the Application.

2. License Restrictions

Except as expressly permitted by applicable law or this Agreement, you shall not:

3. Reservation of Rights

The Application is provided under license, not sold. Athletify and its licensors and service providers retain all right, title, and interest in and to the Application, including all intellectual-property rights, except for the limited rights expressly granted in this Agreement.

4. Customer Data and Responsibilities

"Customer Data" means information, content, and Personal Information that Customer or its users submit to, store in, or create through the Application. As between Athletify and Customer, Customer retains its rights in Customer Data. Customer grants Athletify the right to host, copy, transmit, display, and process Customer Data as necessary to provide, protect, support, maintain, and improve the Application, comply with law, and enforce this Agreement.

Customer is responsible for Customer Data, including obtaining all rights, notices, and consents required to submit Customer Data and send communications through the Application. Customer is also responsible for its record-retention, public-records, employment, tax, child-labor, and other legal obligations. The Application is not legal, records-management, or regulatory-compliance advice, and Athletify does not represent that use of the Application will satisfy any Customer legal requirement.

Customer must not submit Social Security numbers, payment-card numbers, government identification numbers, biometric identifiers, medical or health information, or other highly sensitive information unless Athletify has expressly agreed in writing to support that use. Customer is responsible for obtaining any consent required to send SMS messages, emails, notifications, or other communications through the Application, including consent for recipients invited by Customer.

Customer is responsible for supervising its users and communications and configuring the Application as appropriate for its operations. Athletify has no general obligation to monitor Customer Data or communications. We may, but are not required to, investigate, remove, or restrict content or access that we reasonably believe violates this Agreement, creates risk, or is unlawful. Athletify may preserve, use, or disclose Customer Data when required by applicable law, legal process, or a valid government request, or when Athletify reasonably believes it is necessary to protect the Application, its users, or the public, prevent fraud or abuse, or cooperate with lawful law-enforcement investigations, in each case to the extent permitted by law.

Athletify does not use Customer Data for third-party advertising. Athletify may use aggregated or de-identified information for business and product-improvement purposes.

5. Collection and Use of Information

When you use the Application, Athletify may collect information about you, your device, and your use of the Application. All information we collect through or in connection with the Application is handled as described in our Privacy Policy.

6. Fees and Payment

Fees, payment terms, and any subscription term are stated in the applicable checkout, order form, signed agreement, or other agreement with Customer. Except as stated there, fees are non-refundable. Athletify may suspend or terminate access for failure to pay amounts due under an applicable checkout, order form, signed agreement, or other agreement with Customer.

7. Geographic Restrictions

Athletify is based in Utah in the United States, and the Application is intended for access and use by persons located in the United States. If you use the Application outside the United States, you are responsible for compliance with local laws.

8. Updates and Third-Party Materials

Athletify may develop and provide Application updates, including upgrades, bug fixes, patches, error corrections, and new features. Athletify has no obligation to provide any update or to continue to provide or enable any particular feature or functionality. Updates are part of the Application and are subject to this Agreement.

The Application may display, include, make available, or link to third-party content, products, services, or websites ("Third-Party Materials"). Athletify is not responsible for Third-Party Materials, and you use them at your own risk and subject to the third party's terms and policies.

9. Termination and Customer Data

This Agreement begins when you accept it or first use the Application and continues until terminated by you or Athletify. You may terminate by stopping use of the Application and, if applicable, closing your account in accordance with the available account procedures.

Athletify may suspend or terminate this Agreement or access to the Application at any time, with or without notice, if Athletify reasonably believes it is necessary to protect the Application, address a security issue, comply with law, prevent abuse or fraud, respond to failure to pay amounts due under an applicable agreement with Customer, or enforce this Agreement. Athletify may also discontinue the Application or any feature at any time in its discretion.

Unless access is suspended or terminated because of a security incident, unlawful use, fraud, failure to pay amounts due under an applicable agreement with Customer, or a legal requirement, Athletify will make its then-current self-service export functionality available to Customer for 30 days after termination or planned discontinuation of the Application. Customer is responsible for exporting and retaining the Customer Data it needs during that period. Athletify is not required to create a custom export, provide migration services, continue the Application after the export period, or retain Customer Data after the period ends, unless a signed agreement states otherwise. Following the export period, Customer Data may be unavailable and Athletify may delete or de-identify it in accordance with the Privacy Policy, applicable law, and any signed agreement.

Upon termination, all rights granted under this Agreement end and you must stop using the Application. Termination does not limit any of Athletify's rights or remedies at law or in equity.

10. Disclaimer of Warranties

THE APPLICATION IS PROVIDED "AS IS" AND "AS AVAILABLE," WITH ALL FAULTS AND DEFECTS AND WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ATHLETIFY, ITS AFFILIATES, LICENSORS, AND SERVICE PROVIDERS DISCLAIM ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, AND WARRANTIES ARISING FROM COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE, OR TRADE PRACTICE.

ATHLETIFY DOES NOT WARRANT THAT THE APPLICATION WILL MEET YOUR REQUIREMENTS, ACHIEVE ANY INTENDED RESULT, BE COMPATIBLE WITH OTHER SOFTWARE OR SERVICES, OPERATE WITHOUT INTERRUPTION, MEET ANY PERFORMANCE OR RELIABILITY STANDARD, BE ERROR-FREE, OR THAT ERRORS OR DEFECTS WILL BE CORRECTED.

SOME JURISDICTIONS DO NOT ALLOW CERTAIN WARRANTY EXCLUSIONS, SO SOME OR ALL OF THESE EXCLUSIONS MAY NOT APPLY TO YOU.

11. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL ATHLETIFY OR ITS AFFILIATES, LICENSORS, OR SERVICE PROVIDERS HAVE ANY LIABILITY ARISING FROM OR RELATED TO YOUR USE OF OR INABILITY TO USE THE APPLICATION OR THE CONTENT AND SERVICES FOR PERSONAL INJURY, PROPERTY DAMAGE, LOST PROFITS, COST OF SUBSTITUTE GOODS OR SERVICES, LOSS OF DATA, LOSS OF GOODWILL, BUSINESS INTERRUPTION, COMPUTER FAILURE OR MALFUNCTION, OR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, OR PUNITIVE DAMAGES.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ATHLETIFY'S TOTAL LIABILITY ARISING FROM OR RELATED TO THE APPLICATION OR THIS AGREEMENT WILL NOT EXCEED THE AMOUNT ACTUALLY PAID BY YOU OR CUSTOMER TO ATHLETIFY FOR THE APPLICATION.

THE FOREGOING LIMITATIONS APPLY WHETHER DAMAGES ARISE FROM BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, AND WHETHER OR NOT ATHLETIFY WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS, SO SOME OR ALL OF THESE LIMITATIONS MAY NOT APPLY TO YOU.

12. Indemnification

To the extent permitted by applicable law, Customer shall indemnify, defend, and hold harmless Athletify and its officers, directors, employees, agents, affiliates, successors, and assigns from and against any losses, damages, liabilities, claims, actions, judgments, settlements, penalties, fines, costs, or expenses, including reasonable attorneys' fees, arising from or relating to Customer's or its users' use or misuse of the Application, Customer Data, or Customer's breach of this Agreement.

13. Export Regulation

The Application may be subject to United States export-control laws. You shall not directly or indirectly export, re-export, or make the Application available in violation of applicable law.

14. U.S. Government Rights

The Application is a commercial product consisting of commercial computer software and documentation, as defined in 48 C.F.R. § 2.101. If you are an agency of the United States Government or a contractor, you receive only the rights granted to all other users under this Agreement, in accordance with 48 C.F.R. §§ 227.7201–227.7204 and 48 C.F.R. § 12.212, as applicable.

15. Severability

If any provision of this Agreement is illegal or unenforceable, that provision will be modified to the minimum extent necessary to make it enforceable, and the remaining provisions will continue in full force and effect.

16. Governing Law

This Agreement is governed by and construed in accordance with the laws of the State of Utah, without regard to conflict-of-law rules. Any legal suit, action, or proceeding arising out of or related to this Agreement or the Application must be instituted exclusively in the federal or state courts located in Salt Lake City, Utah. You waive objections to jurisdiction and venue in those courts.

17. Limitation of Time to File Claims

TO THE EXTENT PERMITTED BY LAW, ANY CAUSE OF ACTION OR CLAIM ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE APPLICATION MUST BE COMMENCED WITHIN ONE YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, IT IS PERMANENTLY BARRED.

18. Entire Agreement; Changes

This Agreement and the Privacy Policy constitute the entire agreement between you and Athletify with respect to the Application and supersede prior or contemporaneous understandings about the Application, except for any signed agreement that controls under the introduction to this Agreement.

Athletify may modify this Agreement at any time by posting an updated version or otherwise providing notice. Updated Terms apply prospectively on the stated effective date. Athletify may require acceptance of updated Terms before continued use of the Application. Continued use after the effective date constitutes acceptance to the extent permitted by law. An update to this Agreement does not itself create consent to a new Personal Information practice; those practices remain subject to the Privacy Policy and applicable law.

19. Waiver

No failure or delay by Athletify in exercising a right under this Agreement operates as a waiver of that right. Any waiver must be in writing and signed by Athletify.