App End User Agreement

License Grant

Subject to the terms of this Agreement, Company grants you a limited, non-exclusive, and nontransferable license to: download, install, and use the Applications for your personal, non-commercial use on devices owned or otherwise controlled by you ('Devices') strictly in accordance with the Applications' documentation.

License Restrictions

You shall not: copy the Applications, except as expressly permitted by this license; modify, translate, adapt, or otherwise create derivative works or improvements, whether or not patentable, of the Applications; reverse engineer, disassemble, decompile, decode, or otherwise attempt to derive or gain access to the source code of the Applications or any part thereof; remove, delete, alter, or obscure any trademarks or any copyright, trademark, patent, or other intellectual property or proprietary rights notices from the Applications, including any copy thereof; rent, lease, lend, sell, sublicense, assign, distribute, publish, transfer, or otherwise make available the Applications, or any features or functionality of the Applications, to any third party for any reason, including by making the Applications available on a network where they are capable of being accessed by more than one device at any time; or remove, disable, circumvent, or otherwise create or implement any workaround to any copy protection, rights management, or security features in or protecting the Applications.

Reservation of Rights

You acknowledge and agree that the Applications are provided under license, and not sold, to you. You do not acquire any ownership interest in the Applications under this Agreement, or any other rights thereto other than to use the Applications in accordance with the license granted, and subject to all terms, conditions, and restrictions, under this Agreement. Company and its licensors and service providers reserve and shall retain their entire right, title, and interest in and to the Applications, including all copyrights, trademarks, and other intellectual property rights therein or relating thereto, except as expressly granted to you in this Agreement.

Collection and Use of Your Information

You acknowledge that when you download, install, or use the Applications, Company may use automatic means (including, for example, cookies and web beacons) to collect information about your Devices and about your use of the Applications. To use the Applications or some of the resources they offer, you may be asked to provide certain registration details or other information. It is a condition of your use of the Applications that all the information you provide on the Applications is correct, current, and complete.

We may from time to time provide you with the option to register with the Applications through your account with certain third-party services such as Google or Facebook (collectively, 'TPS'). When you register through your TPS account, you will be asked to login to the Applications using your TPS account credentials. By creating an Account via your account with a TPS, you are allowing the Company to access your TPS account information and you are agreeing to abide by the applicable terms and conditions of your TPS in your use of the Applications via such TPS. You have the option to disable the connection between your Company account and TPS account at any time by accessing the TPS account and disconnecting access to the Services.

You agree that all information you provide to register with the Applications or otherwise, including, but not limited to, through the use of any interactive features on the Applications, is governed by our Privacy Policy https://www.1tul.com/privacypolicy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.

If you choose, or are provided with, a user name, password, or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to your account on the Applications or portions of them using your user name, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.

Updates

Company may from time to time in its sole discretion develop and provide Application updates, which may include upgrades, bug fixes, patches, other error corrections, and/or new features (collectively, including related documentation, 'Updates'). You agree that Company has no obligation to provide any Updates or to continue to provide or enable any particular features or functionality. Based on your Device settings, when your Devices are connected to the internet either the Applications will automatically download and install all available Updates; or you may receive notice of or be prompted to download and install available Updates.

You shall promptly download and install all Updates and acknowledge and agree that the Applications or portions thereof may not properly operate should you fail to do so. You further agree that all Updates will be deemed part of the Applications and be subject to all terms and conditions of this Agreement.

Third-Party Materials

The Applications may display, include, or make available third-party content (including data, information, applications, and other products, services, and/or materials) or provide links to third-party websites or services, including through third-party advertising ('Third-Party Materials'). You acknowledge and agree that Company is not responsible for Third-Party Materials, including their accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality, or any other aspect thereof. Company does not assume and will not have any liability or responsibility to you or any other person or entity for any Third-Party Materials. Third-Party Materials and links thereto are provided solely as a convenience to you, and you access and use them entirely at your own risk and subject to such third parties' terms and conditions.

Sharing Features

These Applications may provide certain sharing or other social media features that enable you to: Link from the Applications or third-party services to certain content generated by the Applications, including your Character Card, and information contained in your Character Card. Send emails or other communications with certain content, or links to certain content, on the Applications. Cause limited portions of content on the Applications to be displayed or appear to be displayed on the Applications or certain third-party services.

You may use these features solely as they are provided by us and solely with respect to the content they are displayed with. Subject to the foregoing, you must not cause the Applications or portions of them to be displayed on, or appear to be displayed by, any other site, for example, framing, deep linking, or in-line linking, or otherwise take any action with respect to the content or materials on the Applications that is inconsistent with any other provision of this EULA. We may disable all or any sharing features and any links at any time without notice at our discretion. As with any profile information, you should exercise caution when sharing content with third parties.

Text Messaging

The Applications may send you text (SMS) messages, but only to phone numbers that have opted in — for example, one-time verification codes used to sign in or confirm a phone number, and team invitations sent by a coach to an athlete they have a relationship with. Message frequency varies, and message and data rates may apply. You can reply STOP to any message to unsubscribe at any time, or HELP for help. We do not sell or share your mobile phone number, SMS opt-in, or consent with any third parties or affiliates for marketing or promotional purposes; mobile information is used solely to deliver the messages you requested. Your use of these messages is also governed by our Privacy Policy.

Term and Termination

The term of Agreement commences when you download the Applications and acknowledge your acceptance and will continue in effect until terminated by you or Company. You may terminate this Agreement by deleting the Applications and all copies thereof from your Devices. Company may terminate this Agreement at any time without notice if it ceases to support the Applications, which Company may do in its sole discretion. Company may, in its sole discretion, suspend, disable, or delete your account (or any part thereof) or block or remove any content that you submitted, for any lawful reason, including if Company determines that you have violated these Terms or that your conduct or content would tend to damage Company’s reputation or goodwill. Upon termination all rights granted to you under this Agreement will also terminate; and you must cease all use of the Applications and delete all copies of the Applications from your Devices and account. Termination will not limit either party’s rights or remedies at law or in equity.

Disclaimer of Warranties

THE APPLICATIONS ARE PROVIDED TO END USER 'AS IS' AND WITH ALL FAULTS AND DEFECTS WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, COMPANY, ON ITS OWN BEHALF AND ON BEHALF OF ITS AFFILIATES AND ITS AND THEIR RESPECTIVE LICENSORS AND SERVICE PROVIDERS, EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, WITH RESPECT TO THE APPLICATIONS, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, AND WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE, OR TRADE PRACTICE. WITHOUT LIMITATION TO THE FOREGOING, COMPANY PROVIDES NO WARRANTY OR UNDERTAKING, AND MAKES NO REPRESENTATION OF ANY KIND THAT THE APPLICATIONS WILL MEET YOUR REQUIREMENTS, ACHIEVE ANY INTENDED RESULTS, BE COMPATIBLE, OR WORK WITH ANY OTHER SOFTWARE, APPLICATIONS, SYSTEMS, OR SERVICES, OPERATE WITHOUT INTERRUPTION, MEET ANY PERFORMANCE OR RELIABILITY STANDARDS, OR BE ERROR-FREE, OR THAT ANY ERRORS OR DEFECTS CAN OR WILL BE CORRECTED.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON IMPLIED WARRANTIES OR THE LIMITATIONS ON THE APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO SOME OR ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.

Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL COMPANY OR ITS AFFILIATES, OR ANY OF ITS OR THEIR RESPECTIVE LICENSORS OR SERVICE PROVIDERS, HAVE ANY LIABILITY ARISING FROM OR RELATED TO YOUR USE OF OR INABILITY TO USE THE APPLICATIONS OR THE CONTENT AND SERVICES. SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS OF LIABILITY SO SOME OR ALL OF THE ABOVE LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU.

Indemnification

You agree to indemnify, defend, and hold harmless Company and its officers, directors, employees, agents, affiliates, successors, and assigns from and against any and all losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs, or expenses of whatever kind, including reasonable attorneys' fees, arising from or relating to your use or misuse of the Applications or your breach of this Agreement, including but not limited to the content you submit or make available through these Applications.

Geographic Restrictions

The Applications are based in and operate from servers located in the United States. We make no claims that the Applications or any of their content is accessible or appropriate outside of the United States. Access to the Applications may not be legal by certain persons or in certain countries. If you access the Services from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.

Export Regulation

The Applications may be subject to US export control laws, including the Export Control Reform Act and its associated regulations. You shall not, directly or indirectly, export, re-export, or release the Applications to, or make the Applications accessible from, any jurisdiction or country to which export, re-export, or release is prohibited by law, rule, or regulation. You shall comply with all applicable federal laws, regulations, and rules, and complete all required undertakings (including obtaining any necessary export license or other governmental approval), prior to exporting, re-exporting, releasing, or otherwise making the Applications available outside the US.

Severability

If any provision of this Agreement is illegal or unenforceable under applicable law, the remainder of the provision will be amended to achieve as closely as possible the effect of the original term and all other provisions of this Agreement will continue in full force and effect.

Governing Law

This Agreement is governed by and construed in accordance with the internal laws of the State of California without giving effect to any choice or conflict of law provision or rule. Any legal suit, action, or proceeding arising out of or related to this Agreement or the Applications shall be instituted exclusively in the federal courts of the United States or the courts of the State of California in each case located in San Diego County. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

Entire Agreement

This Agreement and our Privacy Policy constitute the entire agreement between you and Company with respect to the Applications and supersede all prior or contemporaneous understandings and agreements, whether written or oral, with respect to the Applications.

Waiver

No failure to exercise, and no delay in exercising, on the part of either party, any right or any power hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any right or power hereunder preclude further exercise of that or any other right hereunder. In the event of a conflict between this Agreement and any applicable purchase or other terms, the terms of this Agreement shall govern.

Your Comments and Concerns

These Services are operated by Athlete Management Technologies, LLC. All other feedback, comments, requests for technical support, and other communications relating to the Services should be directed to: support@1tul.com.