Athlete Den LLC Terms of Service Effective Date: January 29, 2026

These Terms of Service (“Terms”) govern your use of Athlete Den LLC’s website athleteden.com, mobile application (“App”), and related services (collectively, “Services”). By accessing or using our Services, you agree to these Terms. If you do not agree, do not use the Services.

Beta / Early Access Phase Notice These Terms apply to your use of Athlete Den LLC during the beta/early access phase and continue to apply after full public launch unless we notify you otherwise.

During the beta/early access phase:

• The Services are experimental and pre-release. Features, functionality, user interface, and performance may change, be removed, limited, or become unavailable at any time without notice.
• Metrics and AI-generated outputs (e.g., exit velocity, pitch velocity, launch angle, spin rate) are preliminary estimates only and may contain errors, inaccuracies, inconsistencies, or significant deviations due to video quality, lighting, camera angle, device capabilities, environmental conditions, or other factors.
• We may reset, delete, archive, or not carry over user accounts, uploaded videos, processed sessions, metrics history, or other data when transitioning to full launch. We will provide reasonable notice (via email, in-app notification, or website posting) if a data reset or major change is planned.
• Your participation in beta helps us improve the product. By using the Services during beta, you consent to providing feedback, bug reports, or suggestions, which we may use (anonymously or aggregated) for product development and improvement.
• The Services are provided “as is” during beta with no additional warranties beyond those stated in these Terms. See Sections 8 (AI and Metrics Disclaimer), 9 (Modifications to Services), and 10 (Disclaimer of Warranties) for further details on limitations and risks during this phase.

1. Eligibility You must be at least 13 years old to use our Services independently. Users under 13 may only use the Services with verifiable parental or legal guardian consent, in accordance with our Privacy Policy and applicable laws (including the Children’s Online Privacy Protection Act – COPPA).

2. User Accounts

• You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account.
• You must notify us immediately at support@athleteden.com of any unauthorized access or use of your account.
• We may suspend or terminate accounts for violations of these Terms, suspected fraudulent activity, or at our sole discretion.

3. Social Networking Features You agree to use any social or community features respectfully and lawfully, avoiding defamatory, harassing, harmful, infringing, or otherwise objectionable content, and respecting others’ privacy and intellectual property rights.

4. User-Generated Content You retain ownership of content you upload (e.g., videos, swing/pitch footage). By uploading content, you grant Athlete Den LLC a worldwide, non-exclusive, royalty-free, sublicensable, transferable license to use, reproduce, modify, distribute, display, perform, and store such content solely to provide, maintain, improve, and operate the Services (including AI processing, analytics generation, storage, and support).

• You represent and warrant that your content complies with these Terms and all applicable laws and does not infringe any third-party rights.
• We may review, remove, or disable access to content that violates these Terms, at our sole discretion. We do not claim ownership of your uploaded videos or personal performance data. Processed metrics and AI-generated outputs are derived from your content and provided for your informational use only.

5. Prohibited Conduct You may not:

• Use the Services for any illegal, fraudulent, or unauthorized purpose.
• Harass, discriminate against, threaten, or harm other users.
• Upload malware, viruses, or any harmful code.
• Attempt to hack, scrape, reverse-engineer, interfere with, or disrupt the Services (including our AI/ML models or patent-pending technology).
• Misrepresent your identity, age, or affiliations.
• Impersonate scouts, coaches, professionals, or use generated metrics for commercial scouting, recruitment, or endorsement purposes without our express written permission.

6. Subscriptions and Payments Paid features or subscriptions are governed by our separate Purchasing Terms. All payments are non-refundable except as required by law. We may modify pricing or discontinue features with reasonable notice.

7. Intellectual Property All content and technology in the Services (excluding your user-generated content), including text, graphics, AI models, algorithms, code, designs, outputs, and processed metrics, are owned by Athlete Den LLC or its licensors and protected by United States and international copyright, trademark, patent, and other intellectual property laws. “Athlete Den LLC” is a registered trademark. Certain features are subject to pending patent applications. You may not copy, reproduce, distribute, create derivative works from, reverse-engineer, decompile, or use our intellectual property without prior written permission, except as expressly permitted by law (e.g., limited fair use). Permission requests: support@athleteden.com.

8. AI and Metrics Disclaimer Our Services use artificial intelligence and machine learning to analyze uploaded videos and generate performance metrics (e.g., exit velocity, pitch velocity, launch angle). These metrics are estimates derived from advanced video processing technology and are designed to provide insights that closely resemble those produced by professional-level, expensive hardware systems. We are confident in the quality and utility of these results for personal training and performance tracking purposes when used under optimal conditions.

However, these metrics are not official professional-grade scouting reports, medical or biomechanical advice, guarantees of athletic performance, or substitutes for evaluation by qualified coaches, scouts, or medical professionals.

Accuracy and reliability can be influenced by factors such as video quality, lighting, camera angle, device model, frame rate, motion blur, environmental conditions, or subject positioning. During beta/early access, these factors may have a more pronounced impact due to ongoing development and testing.

We do not warrant the absolute accuracy, completeness, reliability, timeliness, or fitness for any particular purpose (including high-stakes decisions) of any metrics, insights, or outputs. Athletes, parents, coaches, and scouts should use Athlete Den LLC outputs as a supportive tool alongside professional guidance—not as the sole basis—for decisions related to training, health, recruitment, competition, or development. Always consult qualified professionals as needed.

9. Modifications to Services We may modify, suspend, or discontinue any part of the Services (including features, access levels, or data storage) at any time, with or without notice, without liability to you. Beta users should expect frequent changes, including potential discontinuation of access or data resets.

10. Disclaimer of Warranties The Services are provided “AS IS” and “AS AVAILABLE” without warranties of any kind, express or implied, including but not limited to warranties of accuracy, reliability, availability, merchantability, fitness for a particular purpose, non-infringement, or uninterrupted operation. Especially during beta, no warranty is made regarding bug-free operation, data persistence, accuracy of AI outputs, or uninterrupted access. We specifically disclaim any warranty regarding the performance or accuracy of AI-generated metrics.

11. Limitation of Liability To the fullest extent permitted by law, Athlete Den LLC and its affiliates, officers, directors, employees, and agents shall not be liable for any indirect, incidental, special, consequential, punitive, or exemplary damages (including data loss, lost profits, personal injury claims, or loss of use), even if advised of the possibility of such damages. Our total aggregate liability to you shall not exceed the amount you paid us in the twelve (12) months preceding the claim (or $100 USD if no payment was made).

12. Indemnification You agree to indemnify, defend, and hold harmless Athlete Den LLC and its affiliates from any claims, losses, liabilities, damages, costs, and expenses (including reasonable attorneys’ fees) arising from your use of the Services, your uploaded content, your violation of these Terms, or your violation of any third-party rights or applicable laws.

13. Governing Law and Dispute Resolution These Terms are governed by the laws of the State of New York, without regard to conflict of laws principles. Any disputes arising out of or related to these Terms or the Services shall be resolved exclusively through binding arbitration in Nassau County, New York, under the rules of the American Arbitration Association (AAA), except for small claims court actions or requests for injunctive relief. You waive any right to a jury trial or to participate in a class action lawsuit.

14. Changes to Terms We may update these Terms from time to time. We will provide notice of material changes (e.g., via email, in-app notification, or a prominent notice on the website). Your continued use of the Services after such changes constitutes acceptance of the updated Terms.

15. Contact Us Email: support@athleteden.com

Address: Long Island, NY