Terms of Use

These Terms apply to your use of the public-facing OpenSport website, including where you:

• browse the Site;
• review marketing or informational content;
• submit an inquiry;
• request a demo;
• apply for a pilot program;
• download a white paper or other materials; or
• otherwise interact with OpenSport through the Site.

These Terms do not by themselves govern:

• paid products or services;
• pilot program agreements;
• software subscriptions;
• enterprise platform access;
• API access;
• customer-uploaded data;
• athlete, team, wearable, performance, medical, or other operational data processed on behalf of customers; or
• any separate commercial relationship with OpenSport.

Those matters may be governed by separate agreements, order forms, pilot agreements, API terms, customer terms, data processing agreements, or other written terms.

You may use the Site only if you are legally capable of entering into a binding agreement under applicable law.

If you access or use the Site on behalf of a company, team, club, league, organization, or other entity, you represent and warrant that you have authority to bind that entity to these Terms. In that case, "you" and "your" refer both to you individually and to that entity.

We may update these Terms from time to time in our discretion. If we do, we will post the updated version on the Site and revise the "Effective Date" or "Last Updated" date above.

Your continued use of the Site after updated Terms are posted constitutes your acceptance of the revised Terms, to the extent permitted by applicable law.

Subject to these Terms, OpenSport grants you a limited, revocable, non-exclusive, non-transferable, non-sublicensable right to access and use the Site for your lawful internal informational and business purposes.

You may use the Site to learn about OpenSport, evaluate whether OpenSport may be relevant to your organization, contact us, request information, and submit legitimate business inquiries.

You agree that you will not:

• use the Site in violation of any applicable law or regulation;
• use the Site for fraudulent, misleading, or unlawful purposes;
• interfere with or disrupt the Site, servers, or networks connected to the Site;
• attempt to gain unauthorized access to any part of the Site or related systems;
• copy, scrape, crawl, harvest, mirror, frame, or index the Site or its content through automated means without our prior written consent, except as permitted by applicable law;
• introduce viruses, malware, malicious code, or other harmful material;
• use the Site to send spam or unauthorized communications;
• impersonate any person or entity or misrepresent your affiliation with any person or entity;
• submit false, inaccurate, or misleading information through the Site;
• remove, alter, or obscure copyright, trademark, or other proprietary notices; or
• use the Site or any content from the Site to build, train, benchmark, or improve any competing product, service, model, or dataset without our express written permission.

If you submit information through the Site, including by applying for a pilot program, requesting a demo, downloading a white paper, joining a waitlist, or contacting us, you agree that:

• the information you submit will be truthful, accurate, and not misleading;
• you will not submit information you do not have the right to provide;
• you will not submit confidential, proprietary, sensitive, medical, biometric, or athlete-specific data through public forms unless we have expressly requested it through an appropriate channel; and
• your submission does not create any obligation on OpenSport to accept you into any pilot, provide services, or enter into any commercial relationship.

By submitting information to us through the Site, you grant us the right to use that information for the purposes described in our Privacy Policy and to respond to your request.

OpenSport may, in its sole discretion:

• accept or reject any inquiry, request, application, or submission;
• change, suspend, or discontinue any part of the Site;
• modify or remove any content on the Site; or
• restrict access to the Site, in whole or in part, at any time and without liability.

Nothing on the Site constitutes a binding offer to provide any service, product, pilot program, commercial engagement, or future functionality.

The Site and all content, materials, features, functionality, software, interfaces, text, graphics, logos, images, videos, downloads, page layouts, trademarks, service marks, trade names, and other materials made available through the Site (collectively, "Content") are owned by OpenSport, its affiliates, licensors, or content providers and are protected by copyright, trademark, and other intellectual property laws.

Except as expressly permitted in these Terms, you may not:

• reproduce, modify, distribute, transmit, display, perform, publish, license, create derivative works from, sell, or exploit any Content; or
• use any OpenSport name, logo, brand element, or mark without prior written permission.

You may download or print a reasonable number of copies of publicly available Site materials solely for your internal, non-commercial evaluation of OpenSport, provided you do not remove proprietary notices and do not modify the materials.

If you provide OpenSport with ideas, suggestions, comments, proposals, or feedback regarding the Site, OpenSport, or any of our products or services ("Feedback"), you agree that we may use, disclose, reproduce, modify, adapt, publish, translate, create derivative works from, and otherwise exploit that Feedback for any lawful purpose, without restriction, compensation, or obligation to you, except where prohibited by law.

The Site may contain links to third-party websites, platforms, social media pages, documents, or resources. These links are provided for convenience only.

OpenSport does not control and is not responsible for the content, availability, security, or practices of third-party sites or resources. Accessing any third-party site is at your own risk, and you should review any applicable terms and privacy policies.

The Site is provided for general informational and business purposes only.

Content on the Site does not constitute medical advice, healthcare advice, sports medicine advice, training advice, performance advice, legal advice, financial advice, or any other professional advice. You should not rely on Site content as a substitute for professional judgment, expert review, or qualified advice tailored to your circumstances.

Any decisions involving athlete health, safety, readiness, training, recovery, competition, or medical treatment must be made by appropriately qualified professionals using their own independent judgment.

The Site may describe OpenSport's concepts, vision, workflows, product direction, or anticipated capabilities. Unless expressly stated otherwise in a separate written agreement, references to features, roadmaps, integrations, alerts, recommendations, AI capabilities, platform functionality, or future offerings are illustrative only and do not create any binding commitment to deliver specific functionality on any timeline.

The Site and all Content are provided on an "as is," "as available," and "with all faults" basis.

To the maximum extent permitted by law, OpenSport disclaims all representations, warranties, and conditions, whether express, implied, statutory, or collateral, including any implied warranties or conditions of merchantability, merchantability of computer programs, fitness for a particular purpose, title, non-infringement, quiet enjoyment, accuracy, completeness, performance, security, availability, or that the Site will be uninterrupted, error-free, or free of harmful components.

Without limiting the foregoing, OpenSport does not warrant that:

• the Site or any content will meet your requirements or expectations;
• the Site will always be available, timely, secure, or error-free;
• any defects will be corrected;
• any content is complete, current, or free from inaccuracies; or
• access to or use of the Site will produce any particular business, operational, athletic, or commercial outcome.

To the maximum extent permitted by applicable law, in no event shall OpenSport or its affiliates, licensors, service providers, directors, officers, employees, contractors, agents, or representatives be liable for any indirect, incidental, special, consequential, exemplary, aggravated, or punitive damages, or for any loss of profits, revenue, business, data, goodwill, use, or opportunity, arising out of or relating to the Site, the Content, these Terms, or your access to or use of or inability to use the Site, however caused and under any theory of liability, even if advised of the possibility of such damages.

To the maximum extent permitted by applicable law, the total aggregate liability of OpenSport for all claims arising out of or relating to the Site or these Terms shall not exceed one hundred Canadian dollars (CAD $100).

Some jurisdictions do not allow certain limitations of liability, so some of the above may not apply to you. In such cases, liability shall be limited to the maximum extent permitted by law.

You agree to defend, indemnify, and hold harmless OpenSport and its affiliates, licensors, service providers, directors, officers, employees, contractors, agents, and representatives from and against any claims, demands, actions, proceedings, liabilities, damages, losses, judgments, settlements, penalties, costs, and expenses, including reasonable legal fees, arising out of or relating to:

• your use of the Site;
• your breach of these Terms;
• your violation of applicable law;
• your submission of information, content, or materials through the Site; or
• your infringement or misappropriation of any rights of any person or entity.

Your use of the Site is also subject to our Privacy Policy, which explains how we collect, use, disclose, and protect personal information.

We may suspend or terminate your access to the Site at any time, with or without notice, if we believe you have violated these Terms, if required by law, for security reasons, or for any other reason in our discretion.

Sections of these Terms that by their nature should survive termination will survive, including those relating to intellectual property, disclaimers, limitations of liability, indemnity, governing law, dispute resolution, and general provisions.

These Terms and any dispute, claim, or controversy arising out of or relating to the Site or these Terms shall be governed by and construed in accordance with the laws of the Province of British Columbia and the federal laws of Canada applicable therein, without regard to conflict of law principles.

Subject to any rights you may have under applicable consumer protection laws, you agree that the courts located in British Columbia, Canada shall have exclusive jurisdiction over any dispute arising out of or relating to these Terms or the Site, and you attorn to the jurisdiction of those courts.

If any provision of these Terms is held invalid, illegal, or unenforceable, that provision shall be severed and the remaining provisions shall remain in full force and effect.

Our failure to enforce any provision of these Terms shall not constitute a waiver of that provision or any other provision.

These Terms, together with our Privacy Policy and any other terms expressly incorporated by reference, constitute the entire agreement between you and OpenSport regarding your use of the Site, unless superseded by a separate written agreement.

You may not assign these Terms without our prior written consent. We may assign these Terms in connection with a merger, acquisition, corporate reorganization, or sale of assets, or by operation of law.

If you have questions about these Terms, please contact: