Version 1.0 — draft
DRAFT — PENDING COUNSEL REVIEW. This document is not effective until published by an authorized TendyIQ administrator after legal review.
Version 1.0 — Draft
These Terms of Service ("Terms") govern access to and use of TendyIQ, a goaltender performance and development platform provided by TendyIQ [COUNSEL: insert legal entity name] ("TendyIQ," "we," "us," or "our"). By creating an account, accepting an invitation to join a club or team on TendyIQ, or otherwise accessing the service, you agree to these Terms. If you do not agree, do not use TendyIQ.
1.1 TendyIQ is an invite-only platform. Accounts are created by invitation from a club, team, or league administrator, or by TendyIQ directly.
1.2 Accounts may only be held by adults. You must be at least 18 years old to create or hold a TendyIQ account. TendyIQ is not designed for direct use by minors, and no account credentials should be issued to or used by a child. Where a goaltender or other athlete is a minor, their performance data, statistics, and any associated photos or video are administered on their behalf by a parent, guardian, coach, club representative, or other authorized adult acting through the club's account structure.
1.3 By creating an account or accepting an invitation, you represent that you are at least 18 years old and that you have the legal capacity to agree to these Terms.
1.4 If you are creating, uploading, or administering information on behalf of a minor — including as a parent, guardian, coach, scorer, or club official — you represent that you are authorized to do so and, where applicable, that you hold or have confirmed the consent described in the Club Certification (Section 6).
1.5 If you are accepting these Terms on behalf of a club, team, or league (an "Organization"), you represent that you have authority to bind that Organization, and "you" in these Terms refers to both you individually and the Organization.
2.1 TendyIQ is a goaltender performance platform. It allows clubs, teams, and leagues to record in-game shot and save data, derive goaltender statistics and trends from that data (including from processed game video, as described in Section 6 and the Privacy Policy), and present that information to coaches, goaltenders, and parents through the web and mobile applications.
2.2 TendyIQ may offer features on a tiered or paid basis. Features, statistics methodologies, and the mobile and web applications may change, be added, or be removed over time.
2.3 TendyIQ is a tool to support athlete development and coaching decisions. It is not a substitute for a coach's, trainer's, or medical professional's judgment, and TendyIQ makes no guarantee that any statistic, trend, or derived insight is complete, error-free, or predictive of future performance.
3.1 You are responsible for maintaining the confidentiality of your account credentials and for all activity that occurs under your account.
3.2 You agree to provide accurate information when creating your account and to keep it current.
3.3 You must notify us promptly at [COUNSEL: confirm contact address, e.g. security@tendyiq.com] if you become aware of any unauthorized use of your account or any other breach of security.
3.4 Account access is scoped by role (for example, club administrator, coach, scorer, or parent) and by club, team, or league membership. You agree not to attempt to access data, features, or accounts outside the scope granted to your role.
3.5 TendyIQ may suspend or terminate an account that we reasonably believe has been compromised, used to violate these Terms, or used in a manner inconsistent with the representations in Section 1.
4.1 You agree to use TendyIQ only for its intended purpose of recording, processing, and reviewing goaltender and team performance data, and you agree not to:
(a) upload or enter information about a rostered athlete, including a minor, without the authorization described in Section 1 and, for clubs, the Club Certification;
(b) upload content that is unlawful, defamatory, harassing, obscene, or that infringes a third party's intellectual property, privacy, or publicity rights;
(c) attempt to gain unauthorized access to any account, data, or system, or to interfere with or disrupt the service, including through scraping, automated data extraction outside any provided API, or reverse engineering;
(d) use the service to build a competing product; or
(e) misrepresent your role, affiliation, or authority with respect to a club, team, league, or athlete.
4.2 We may remove content or suspend accounts that violate this Section 4, with or without notice, where reasonably necessary to protect the service, other users, or athletes (including minors).
5.1 "User Content" means the rosters, performance data, statistics inputs, game video, photographs, comments, and other content that you or your Organization upload to or create within TendyIQ.
5.2 You retain ownership of your User Content. You grant TendyIQ a limited, non-exclusive, worldwide, royalty-free license to host, store, reproduce, process, display, and transmit your User Content solely as necessary to operate, maintain, and improve the service — for example, to compute derived statistics, render dashboards, and generate signed URLs for private media storage.
5.3 This license does not grant TendyIQ any right to use a minor's name, image, or likeness for marketing, promotional, or other purposes outside operating the service. Any such name/image/likeness ("NIL") or promotional use of an athlete's photo or video, including a minor's, requires a separate, affirmative grant obtained through the Media / NIL Release, not this Section 5. Clubs certify that they hold the underlying parental or guardian consent for such uploads through the Club Certification described in Section 6.
5.4 You represent that you have the rights necessary to upload your User Content and to grant the license in this Section 5, and that your User Content does not violate any third party's rights or applicable law.
5.5 We may remove User Content that violates these Terms or upon a valid request described in Section 6 (guardian revocation) or the Privacy Policy.
6.1 Much of the data on TendyIQ concerns minors — youth hockey goaltenders and players. TendyIQ does not knowingly permit minors to hold accounts; instead, adults administer minors' data on their behalf, as described in Section 1.
6.2 Clubs and Organizations that roster minor athletes on TendyIQ are required to execute the Club Certification, under which the club represents that it has obtained and maintains parent or guardian consent — including consent to the collection of performance data and, where applicable, name/image/likeness and photo/video release — for every rostered minor whose information or likeness is uploaded to TendyIQ, including media uploaded before the certification existed.
6.3 If a parent or guardian revokes consent previously given to a club, the club is responsible for promptly removing the corresponding content and notifying TendyIQ, as further described in the Club Certification. TendyIQ will act on a verified revocation notice by disabling or removing the affected content.
6.4 If you believe a minor's information has been provided to TendyIQ without proper authorization, contact us at [COUNSEL: confirm contact address, e.g. privacy@tendyiq.com] and we will investigate and take appropriate action, which may include removing the content.
7.1 Some TendyIQ plans require payment of fees, which are described at the time of purchase or in your Organization's agreement with TendyIQ.
7.2 Fees are invoiced and collected through our payment processor, Stripe. You agree to provide accurate billing information and to pay all fees when due. Late or unpaid invoices may result in suspension of access to paid features.
7.3 Fees are non-refundable except as required by law or as expressly stated at the time of purchase.
8.1 TendyIQ IS PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
8.2 TendyIQ does not warrant that the service will be uninterrupted, secure, or error-free, that derived statistics or trends will be accurate or complete, or that any defects will be corrected.
8.3 [COUNSEL: confirm scope and any state-specific carve-outs to this disclaimer, e.g. jurisdictions that do not permit exclusion of certain implied warranties.]
9.1 TO THE MAXIMUM EXTENT PERMITTED BY LAW, TendyIQ AND ITS OFFICERS, EMPLOYEES, AND AGENTS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF DATA, REVENUE, OR PROFITS, ARISING OUT OF OR RELATED TO YOUR USE OF THE SERVICE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
9.2 [COUNSEL: confirm liability cap — e.g. TendyIQ's total liability for any claim arising out of or relating to these Terms will not exceed the amount you paid TendyIQ in the twelve (12) months preceding the claim, or a fixed dollar amount if no fees were paid.]
9.3 Some jurisdictions do not allow the exclusion or limitation of certain damages, so some of the above limitations may not apply to you.
10.1 You agree to indemnify, defend, and hold harmless TendyIQ and its officers, employees, and agents from and against any claims, damages, losses, and expenses (including reasonable attorneys' fees) arising out of or related to: (a) your User Content; (b) your breach of these Terms, including the representations in Sections 1 and 5; or (c) your violation of any applicable law or third party right.
10.2 Clubs and Organizations additionally indemnify TendyIQ as described in the Club Certification for uploads made in breach of the consent representations made there.
11.1 You may stop using TendyIQ at any time. An Organization administrator may deactivate individual accounts within its Organization.
11.2 We may suspend or terminate your access to TendyIQ, in whole or in part, if you violate these Terms, if required by law, or if we discontinue the service, with notice where reasonably practicable.
11.3 Sections of these Terms that by their nature should survive termination — including Sections 5.4 (representations), 8, 9, 10, and 12 — will survive.
12.1 These Terms are governed by the laws of the State of Illinois, without regard to its conflict-of-laws principles, and any dispute arising out of or relating to these Terms will be subject to the exclusive jurisdiction of the state and federal courts located in Illinois.
[COUNSEL: confirm governing law + venue — Illinois is a placeholder pending confirmation of TendyIQ's state of formation/principal place of business and any arbitration or class-action-waiver provisions counsel recommends.]
13.1 We may update these Terms from time to time. If we make a material change, we will provide notice (such as an in-app notice or email) and require re-acceptance through the same click-through consent mechanism used when you first agreed to these Terms. Continued use of TendyIQ after a non-material update constitutes acceptance of the updated Terms.
13.2 We will maintain a record of which version of these Terms you accepted and when, as described in the Privacy Policy's consent ledger section.
[COUNSEL: insert legal entity name] — Terms of Service v1.0 (Draft). Not effective until published following legal review.