Last updated: September 27, 2026
These Terms take effect on the date shown above.
These Terms of Service ("Terms") are a legal agreement between you and MyAthlete360 LLC, located at 3809 S General Bruce Dr, Ste 103, Temple, TX 76502 ("MyAthlete360," "we," "us," or "our"). They apply to the MyAthlete360 mobile app for iOS and Android, the website at https://myathlete360.net, the web app at https://pro.myathlete360.net, and any related features, messages, or services we offer (together, the "Services").
PLEASE READ THESE TERMS CAREFULLY. THEY INCLUDE A LIMITATION OF OUR LIABILITY (SECTION 29), A RELEASE (SECTION 30), YOUR PROMISE TO INDEMNIFY US (SECTION 31), AN INFORMAL DISPUTE RESOLUTION REQUIREMENT (SECTION 34), A TEXAS GOVERNING LAW AND VENUE PROVISION (SECTION 35), AND A BINDING INDIVIDUAL ARBITRATION AGREEMENT WITH A CLASS ACTION AND JURY TRIAL WAIVER (SECTION 36). YOU MAY OPT OUT OF ARBITRATION WITHIN 30 DAYS (SECTION 36.6).
1.1 Agreement. By creating an account, clicking "I agree" (or a similar button), downloading the app, or otherwise using the Services, you agree to these Terms and to our Privacy Policy at https://myathlete360.net/privacy-policy/, which is part of these Terms. If you do not agree, do not use the Services.
1.2 Agreeing for a minor. If you are a parent or legal guardian and you allow your child or ward to use the Services (including by creating a profile for them, giving consent for a child under 14, or accepting a teen's invitation as an Invited Parent), you agree to these Terms on your own behalf and on behalf of that child, and you are responsible for the child's use of the Services.
1.3 If you are under 18. If you are under 18, you may use the Services only with the permission and involvement of your parent or legal guardian, as described in Section 4. Please read these Terms with your parent. Your parent must agree to these Terms for you.
1.4 Agreeing for a business. If you use the Services on behalf of a business (for example, a training facility, club, or counseling practice), you represent that you have authority to bind that business to these Terms, and "you" includes that business.
1.5 Additional terms. Some features may have extra terms (for example, promotions, beta features, or payment terms of Stripe, Apple, or Google). Those terms are part of our agreement with you. If they conflict with these Terms, the additional terms control for that feature only.
In these Terms:
3.1 We are a marketplace and advertising platform. MyAthlete360 helps Parents discover and connect with Providers primarily in Central Texas. We provide tools such as Provider profiles, search and matching, links to Providers' Instagram, Facebook, and websites, an Ad Board, messaging, and optional booking and payment tools.
3.2 We do not provide Provider Services. MyAthlete360 does not coach, train, tutor, counsel, diagnose, treat, or supervise anyone. We do not control how, when, or where Providers perform their services, what they charge, or the quality or safety of their work.
3.3 Providers are independent. Providers are independent businesses or individuals. They are not employees, agents, partners, or joint venturers of MyAthlete360. Any agreement for Provider Services is between the Client and the Provider only. MyAthlete360 is not a party to that agreement.
3.4 No endorsement. Listing a Provider, showing a Provider in search results, or displaying a badge does not mean we endorse, recommend, or guarantee that Provider. See Section 22 for what our credential review and verification do and do not mean.
4.1 How signup works. When you sign up, you choose how you are registering (Parent/Athlete, Coach/Trainer, Tutor, or Counselor). If you choose Parent/Athlete, you then choose who you are: Parent (to create and manage your child's profile), Under 14, 14–17, 18 or older, or Invited Parent (joining at your teen's request). You must choose truthfully. Our Privacy Policy explains what information we collect in each case.
4.2 Adults. You must be at least 18 years old (and able to form a binding contract) to create a Parent, Invited Parent, adult Athlete, or Provider account. All Providers (coaches, trainers, tutors, and counselors) must be 18 or older.
4.3 Children under 14. A child under 14 may use the Services only (a) through a profile that a Parent creates and manages inside the Parent's own account, or (b) through an Under 14 account that is activated only after a parent or guardian gives verifiable parental consent. Until a parent consents, we collect from the child only the information needed to contact the parent and request consent, and the child cannot use the Services. If consent is not given within a reasonable time, we delete that information. After a parent consents, a Child User may use only the features we make available for that age group, and the parent may review, change, or delete the child's account and information at any time. Our line of 14 is stricter than the federal children's privacy law (COPPA), which applies to children under 13.
4.4 Teens 14–17. A teen aged 14 to 17 may create a Teen User account, but must enter a parent or guardian's contact information so we can invite that parent. The account must be linked to an Invited Parent who confirms they are the teen's parent or legal guardian, agrees to these Terms, and consents to the teen's use. Until the Invited Parent accepts, the teen's account stays in a limited mode, and features such as messaging with Providers, Bookings, and purchases are restricted. If no parent accepts within a reasonable time, we may delete the pending account and the parent contact information the teen provided. The linked parent can supervise the teen's account as described in Section 11 and our Privacy Policy, and may disable or delete it at any time.
4.5 Parent responsibility for Minor Users. A Parent who creates a child profile, consents to a Child User account, or accepts a teen's invitation is responsible for the Minor User's use of the Services and for any Bookings or purchases made through that account, and agrees to these Terms on the Minor User's behalf.
4.6 Truthful age and relationship. Do not select an Age Band that is not yours, and do not accept a teen's invitation unless you are that teen's parent or legal guardian. If we learn that a user's Age Band is wrong, or that an Invited Parent is not the teen's parent or guardian, we may suspend or change the account, require parental consent, or delete information, as described in our Privacy Policy.
4.7 Age information from app stores. Where required by law (including the Texas App Store Accountability Act), we may rely on age-category and parental-consent information provided by Apple or Google, and we may limit features, require parental consent, or block access based on that information. If that information conflicts with the Age Band a user selected, we may apply the younger age.
4.8 Other restrictions. You may not use the Services if (a) we have previously removed you from the Services, (b) you are listed on any state or national sex offender registry, (c) you have been convicted of, or are currently charged with, a crime involving violence against or exploitation of a child, or (d) you are prohibited from receiving services under U.S. law.
4.9 Service area. The Services are intended for users in the United States, with an initial focus on Central Texas. Features may not be available everywhere.
5.1 Accurate information. You agree to give us true, accurate, current, and complete information and to keep it updated.
5.2 Security. You are responsible for keeping your login credentials confidential and for all activity under your account. Tell us right away at contact@myathlete360.net if you believe your account has been accessed without permission.
5.3 One person, one account. Do not share your account, create accounts for others without authority (other than Athlete profiles for your own children or wards), or impersonate anyone. Providers may not create multiple profiles to manipulate search results, lead pricing, or complimentary offers.
5.4 Account deletion. You can delete your account using the account deletion option in the app, or by emailing contact@myathlete360.net from the email address on your account with the subject "Delete My Account." A Parent may delete a linked Minor User's account or profile at any time, and a Teen User may also contact us to ask that their account be deleted. Deleting the app does not delete your account or cancel an app-store subscription (see Section 19). Some information may be kept as described in our Privacy Policy or as required by law.
You agree not to:
7.1 You own your content. You keep ownership of your User Content.
7.2 License to us. You give MyAthlete360 a non-exclusive, worldwide, royalty-free, transferable, and sublicensable (only to our service providers and as needed to operate the Services) license to host, store, copy, display, reproduce, adapt (for example, resizing or formatting), distribute, and publish your User Content for the purpose of operating, providing, improving, and promoting the Services. For Providers, this includes displaying your profile, photos, ads, and business name in the app, on our website, and in our marketing and social media about MyAthlete360. We will not use a minor's name, image, or likeness in our marketing without separate written permission from the minor's parent or guardian. This license ends when your content is deleted from the Services, except (a) for content others have already shared or copied, (b) for reasonable backup and archive copies, and (c) where we must keep it for legal reasons.
7.3 Your promises. You represent that you own or have all rights needed to post your User Content and to give us the license above, and that your User Content does not violate these Terms, the law, or anyone's rights (including copyright, trademark, privacy, and publicity rights). If your content includes images of other people, especially minors, you must have their permission (or their parent's permission, for minors).
7.4 We may remove content. We are not required to monitor User Content, but we may review, refuse, edit for formatting, or remove any content at any time for any reason, including if we believe it violates these Terms or puts anyone at risk.
8.1 Honest reviews only. Reviews must reflect your own genuine, first-hand experience with the Provider. Do not post reviews of yourself, your family members, your employer, or your competitors.
8.2 No paid or pressured reviews. Providers may not offer money, discounts, free sessions, or anything else of value in exchange for a review or a positive review, may not threaten or pressure anyone over a review, and may not ask Users to remove negative reviews in exchange for anything of value. These rules are consistent with the Federal Trade Commission's rules on fake reviews and testimonials.
8.3 Reviews involving minors. Do not include a minor's full name, photo, school, or other identifying details in a review.
8.4 Our role. We do not verify every review, and reviews are the opinions of the Users who post them, not of MyAthlete360. We may remove reviews that violate these Terms or that we reasonably believe are fake, misleading, or unlawful. We will not remove reviews simply because they are negative.
8.5 Testimonials on the Services. Any testimonials we publish about MyAthlete360 will reflect real users' honest experiences.
9.1 In-app messaging. Messages you send through the Services are not confidential from MyAthlete360. We may review, scan, and keep messages to protect users (especially minors), investigate reports, enforce these Terms, and comply with the law. Our messaging is not designed to protect health information, and MyAthlete360 is not a healthcare provider. Do not share medical, mental health, or other sensitive details in messages.
9.2 Messages from us. You agree we may send you service-related messages (such as account, security, booking, and billing notices) by email, push notification, or in-app message. We may send a parent messages about a linked Minor User's account (such as consent requests, invitations, and safety notices). We will send marketing emails or texts only as allowed by law, you can opt out at any time, and we do not send marketing to Minor Users. If we send text messages, we will get any consent the law requires before sending automated marketing texts, and you can reply STOP to opt out. Message and data rates may apply.
9.3 Electronic communications. You agree that notices, agreements, and disclosures we provide electronically satisfy any requirement that they be in writing.
10.1 Your decision, your responsibility. You are solely responsible for deciding whether a Provider is right and safe for your child or yourself. Before hiring a Provider, we strongly encourage you to:
10.2 Information on profiles. Provider profiles, credentials, prices, and availability are provided by Providers. We do not guarantee that this information is accurate, complete, or current.
11.1 You are responsible for supervising your child's use of the Services (including any Child User or Teen User account linked to you) and their participation in any Provider Services, including transportation, attendance, and safety arrangements. We encourage you to use the parent tools we provide, such as reviewing your teen's profile and Bookings, and to talk with your child about safe online communication.
11.2 You are responsible for giving any consents that a Provider legally needs to serve your minor child (for example, consent to counseling or medical-related services under Texas law).
11.3 You confirm that your child is physically and medically able to participate in the athletic or training activities you book, and you are responsible for sharing relevant health information (such as allergies, conditions, or injuries) directly with the Provider when appropriate.
12.1 Minors and payments. Minor Users may not make purchases or Bookings, or enter payment information, without the linked Parent's consent.
12.2 Paying for Provider Services. If a Provider offers in-app booking, payments are processed by our payment processor, Stripe, Inc. ("Stripe"). By making a payment, you authorize the charge shown at checkout, and you agree to Stripe's applicable terms and privacy policy. MyAthlete360 does not store your full card number.
12.3 Prices, cancellations, and refunds. Each Provider sets its own prices, cancellation policy, and refund policy, which should be shown before you book. If a Provider has not posted a policy, ask the Provider about it before you book. Refund requests for Provider Services should go to the Provider first.
12.4 Fees. If any service or processing fee applies to a Booking on top of the Provider's price, it will be shown at checkout before you pay.
12.5 Payment disputes. If you have a problem with a Booking, contact the Provider first, then us at contact@myathlete360.net. Please contact us before filing a chargeback with your card issuer so we can try to help. We may, but are not required to, help mediate disputes between Clients and Providers.
12.6 Off-platform payments. Payments you make to a Provider outside the Services (cash, Venmo, Zelle, etc.) are entirely between you and the Provider, and we cannot help with refunds or disputes for those payments.
To list services on MyAthlete360, you (and each individual who will work with Clients on your behalf) must:
14.1 Truthful profiles. Everything on your profile and Ad Board must be true and not misleading, including your experience, certifications, licenses, education, affiliations, results, and prices. Do not claim credentials you do not currently hold, and do not use titles (such as "licensed," "certified," "therapist," or "Dr.") you are not legally entitled to use.
14.2 Proof of credentials. You agree to give us, on request, copies or verifiable details of any license, certification, or insurance you list, and to notify us promptly if any license or certification is suspended, revoked, restricted, or expires, or if you are arrested for, charged with, or convicted of any crime (other than minor traffic offenses).
14.3 We may verify, but are not required to. We may check the credentials you list, but we are not responsible for verifying them, and we may remove any credential or badge we cannot verify.
15.1 Credential review. We currently review the credentials that Providers submit, such as licenses and certifications (for example, counselor licenses and coaching certifications), for example before a profile becomes publicly visible or before a badge is displayed, and again from time to time. You agree to cooperate fully and to provide accurate, current information and documents.
15.2 Scope and limits. Our review is limited to the credentials you submit and, where available, the issuing agency's public records. We do not currently run background checks (such as criminal records searches). Our review does not cover everything, relies on documents and records that can be incomplete or out of date, and does not guarantee any Provider's safety, qualifications, or the quality of their services.
15.3 Future background screening. If we add background screening in the future, it will be done by a third-party screening company only with your separate written consent, and we will update these Terms and our Privacy Policy before it begins.
15.4 Results and decisions. We may decline, suspend, or remove any Provider, or remove any credential or badge, if we cannot verify a credential you list or if our review shows that a credential is not current, consistent with applicable law.
15.5 Your own safety practices. You agree to follow good youth-safety practices, including those in Section 21, and to comply with all mandatory child-abuse reporting laws (in Texas, Texas Family Code Chapter 261).
16.1 No employment relationship. You are an independent business. Nothing in these Terms makes you an employee, agent, partner, or joint venturer of MyAthlete360. You decide whether to accept Clients, when and where you work, how you perform your services, and what you charge. You are not entitled to wages, benefits, workers' compensation, or unemployment benefits from MyAthlete360. You may not bind MyAthlete360 to any agreement or hold yourself out as our representative.
16.2 Your staff. If you use employees, assistants, or subcontractors, you are fully responsible for them, including making sure each one meets Section 13 and completes any credential review we require before working with Clients you met through the Services.
16.3 Insurance. You are responsible for carrying the insurance appropriate for your services, such as general liability, professional liability (malpractice), abuse and molestation coverage, and commercial auto insurance if you transport Clients. We may require minimum insurance coverage for some Provider types, and if we do, we will tell you the requirements and you agree to meet them.
16.4 Taxes. You are responsible for all taxes on your income and services, including sales tax if applicable. Stripe or we may be required to collect tax information from you and to issue tax forms (such as Form 1099-K) as required by law.
16.5 Legal compliance. You are responsible for complying with all laws that apply to your business, including licensing, consumer protection, privacy, anti-discrimination, facility and permit rules, health and safety requirements, and professional ethics rules.
16.6 Your agreements with Clients. You may use your own client agreements, waivers, and policies with Clients, as long as they do not conflict with these Terms or the law. MyAthlete360 is not a party to them.
17.1 Licensure. If you provide any service that requires a license in Texas — including professional counseling, marriage and family therapy, social work, psychology, or any mental or behavioral health treatment — you must hold a current, unrestricted license in good standing from the appropriate Texas agency (for example, the Texas Behavioral Health Executive Council) and must display your license type and number on your profile. We may check your license status when you join and at any time after that.
17.2 Non-licensed counselors. Academic, college-admissions, career, or life counselors who are not licensed mental health professionals must clearly say so on their profile, must not use protected titles (such as "Licensed Professional Counselor" or "LPC"), and must not offer or advertise diagnosis or treatment of mental health conditions.
17.3 Professional obligations. You are solely responsible for complying with all laws and professional rules that apply to you, including informed consent (and parental consent for minors where required under Texas law), confidentiality, recordkeeping, HIPAA (if applicable), duty-to-warn and mandatory reporting obligations, telehealth rules, and any rules on advertising and payment for referrals. You must not use in-app messaging to deliver counseling or to exchange protected health information.
17.4 Crisis situations. You must have your own procedures for responding to clients in crisis and must direct anyone in immediate danger to 911 or the 988 Suicide & Crisis Lifeline.
17.5 Lead credits are advertising fees. Amounts you pay for Lead credits (Section 19.4) are paid for advertising and access to inquiries, not for the referral of any particular patient or client, and do not depend on whether a Lead becomes a client or on the fees you charge.
18.1 Links to your pages. Your profile may link to your Instagram, Facebook, website, and other pages. You are responsible for everything on those pages, and you must comply with the terms of those platforms. We may remove links that go to content that violates these Terms.
18.2 Ad Board. Your profile includes an Ad Board with up to four (4) ad slots. Some advertising features may depend on your plan. Ads on your Ad Board must:
18.3 Our rights. We may review, reject, or remove any ad at any time. We do not guarantee any number of views, clicks, Leads, or Bookings. We may change the number, size, placement, or format of ad slots. If we offer paid advertising plans, their features and prices are described at purchase.
19.1 Plans and prices. Some Provider features require payment. The plan, price, billing period, and features that apply to you are the plan and price shown to you at the time of purchase. Our current standard pricing model is:
We may offer other plans (such as monthly plans or plans that include ad campaigns) from time to time.
19.2 How you are billed.
19.3 Automatic renewal. Subscriptions renew automatically at the end of each billing period for the same length of time and at the then-current price, unless you cancel before the renewal date. For Apple and Google purchases, you must cancel at least 24 hours before the end of the current period to avoid being charged for the next period. We will tell you before any price increase takes effect, and you can cancel before it applies to you.
19.4 Counselor Leads and Lead credits. Counselors join free, and there is no fee to join or to be verified as a Counselor. Your first five (5) Leads are on us. After that, you can choose to buy additional Lead credits for your account whenever you want more Leads. Buying Lead credits is optional. Prices for additional Lead credits are shown in the app. Complimentary Leads have no cash value and are limited to one set per Counselor/practice. You may ask for a credit for an invalid Lead (for example, a duplicate, obvious spam, or a request clearly outside your stated services or area) by contacting us promptly after receiving it; we decide credit requests in good faith. We do not guarantee that any Lead will become a Client.
19.5 How to cancel.
When you cancel, you keep access to paid features until the end of the period you already paid for. Deleting the app or your account does not by itself cancel an Apple or Google subscription.
19.6 Refunds.
19.7 Free trials and promotions. If we offer a free trial or promotion, its terms will be shown when you sign up. Unless you cancel before the trial ends, your paid subscription may start automatically at the price shown.
19.8 Late or failed payments. If a payment fails, we may suspend paid features or your profile until payment is made.
19.9 Taxes on our fees. Fees do not include taxes unless stated. You are responsible for any applicable taxes, which we may collect where required.
20.1 Stripe Connected Account. To accept in-app Booking payments, you must create a connected account with Stripe. Payment processing services for Providers on MyAthlete360 are provided by Stripe and are subject to the Stripe Connected Account Agreement, which includes the Stripe Services Agreement and related terms (together, the "Stripe Services Agreement"). By agreeing to these Terms or continuing to accept payments as a Provider on MyAthlete360, you agree to be bound by the Stripe Services Agreement, as Stripe may modify it from time to time. As a condition of MyAthlete360 enabling payment processing services through Stripe, you agree to provide MyAthlete360 accurate and complete information about you and your business, and you authorize MyAthlete360 to share that information and transaction information related to your use of the payment processing services provided by Stripe.
20.2 Zero commission. MyAthlete360 does not take a commission or percentage of your Booking revenue. Stripe's payment processing fees may apply, and how they are handled is shown to you when you set up payments or at checkout. Payout timing is set by Stripe.
20.3 Your role as seller. You are the seller of your Provider Services. You are responsible for delivering the services you are paid for, honoring your posted cancellation and refund policy, and handling Client refunds.
20.4 Refunds, chargebacks, and disputes. You are responsible for refunds, chargebacks, reversals, and related fees for your Bookings. You agree to respond promptly to any dispute and provide information requested by us or Stripe. If a chargeback or refund is charged back to MyAthlete360 because of your Booking, you agree to repay us, and you authorize us to recover that amount, including from future payouts where Stripe permits it or by charging a payment method you have on file with us.
20.5 No circumvention of safety features. You may accept payments outside the Services, but those payments are your sole responsibility and are not protected by any MyAthlete360 dispute-help process.
21.1 Our commitment. Protecting young athletes is central to MyAthlete360. Everyone who uses the Services agrees to the rules in this Section. Violating them may result in immediate removal and a report to law enforcement.
21.2 Prohibited conduct with minors. Providers and all other Users must never:
21.3 Communicating with minors. Providers must arrange services with the Parent, not directly with a minor. Providers must not message a Child User (under 14) directly, and may message a Teen User only through in-app messaging after the teen's account is linked to a Parent, and only about legitimate Provider Services the Parent knows about. Providers should include the Parent on messages whenever practical.
21.4 Caution about off-platform communication. Once you move a conversation off MyAthlete360 (for example, to personal texts, Instagram or Facebook direct messages, or other apps), we cannot see it, help with it, or act on it. Parents: be cautious about letting a Provider communicate privately with your child off the platform, and monitor those communications. Providers: do not ask minors to connect with you on personal social media or private messaging apps without the Parent's knowledge and consent.
21.5 Reporting. If you see or suspect a violation of this Section or any other safety concern:
21.6 Our right to act. We may, at any time and without advance notice, investigate, suspend, restrict, hide, or permanently remove any Provider, profile, or User, and may preserve information and cooperate with law enforcement, child protective services, and licensing boards, if we believe it is necessary to protect minors or other users — even if a violation has not been proven. We are not required to give reasons where doing so could put someone at risk or interfere with an investigation.
22.1 What it means. When we describe a Provider as "vetted" or display a badge or label (such as "verified"), it means only that, as of the date we performed the review and depending on the badge or label shown:
We do not currently run background checks, so no description, badge, or label means that a Provider has been background-checked.
22.2 What it does not mean. Vetting, verification, and credential review:
22.3 Not all Providers are reviewed the same way. Our review may differ by Provider type (for example, counselor licenses and coaching certifications) and may not be complete for every Provider.
23.1 Not an emergency service. MyAthlete360 is not an emergency, crisis, medical, or mental health service, and we do not monitor messages in real time. Do not use the Services to seek help in an emergency.
23.2 No medical or professional advice from MyAthlete360. Content on the Services, including Provider profiles, ads, and articles, is for general information only and is not medical, mental health, nutritional, legal, or other professional advice from MyAthlete360. Talk to a qualified healthcare professional before starting any new training, fitness, or nutrition program, and seek appropriate medical clearance for your child.
23.3 Risks of athletic activity. Sports, training, and fitness activities involve inherent risks, including serious injury, concussion, illness, and in rare cases death. You understand and accept these risks for yourself and, as a Parent, on behalf of your child, to the extent permitted by law.
24.1 Third-party services. The Services link to or work with third-party services we do not control, including Instagram and Facebook (Meta Platforms, Inc.), Providers' websites, Stripe, Apple, and Google. Your use of those services is governed by their own terms and privacy policies. We are not responsible for their content, availability, security, or practices.
24.2 Links are not endorsements. A link to a Provider's social media page or website does not mean we endorse or have reviewed its content.
24.3 Not affiliated. Instagram and Facebook are trademarks of Meta Platforms, Inc.; Apple and App Store are trademarks of Apple Inc.; Google Play and Android are trademarks of Google LLC; and Stripe is a trademark of Stripe, Inc. MyAthlete360 is not affiliated with, sponsored by, or endorsed by any of them.
Our Privacy Policy explains how we collect, use, and share information, including information about minors. By using the Services, you acknowledge the Privacy Policy, available at https://myathlete360.net/privacy-policy/.
26.1 Our property. The Services, including our software, design, text, graphics, logos, the name "MyAthlete360," and other trademarks, are owned by MyAthlete360 or our licensors and are protected by intellectual property laws. Except for your User Content, we and our licensors keep all rights in the Services.
26.2 Your license to use the Services. Subject to these Terms, we give you a limited, personal, non-exclusive, non-transferable, revocable license to download and use the app on devices you own or control, and to use the Services, for their intended purpose. Providers may use the Services for their business purposes as described in these Terms.
26.3 Feedback. If you send us ideas or suggestions, we may use them without any obligation to you.
We respect intellectual property rights. If you believe content on the Services infringes your copyright, send a written notice to our designated agent that includes:
Designated Copyright Agent: Copyright Agent, MyAthlete360 LLC, 3809 S General Bruce Dr, Ste 103, Temple, TX 76502; email: contact@myathlete360.net (subject line "Copyright Notice"); phone: 254-278-7799.
If your content was removed and you believe it was a mistake or misidentification, you may send a counter-notice as described in 17 U.S.C. § 512(g). We will terminate the accounts of repeat infringers in appropriate circumstances. Knowingly false claims may result in liability for damages.
TO THE FULLEST EXTENT PERMITTED BY LAW, THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
MYATHLETE360 DOES NOT PROVIDE, AND IS NOT RESPONSIBLE FOR, ANY PROVIDER SERVICES. WE DO NOT WARRANT OR GUARANTEE THE IDENTITY, BACKGROUND, CREDENTIALS, LICENSURE, QUALIFICATIONS, CONDUCT, OR SAFETY OF ANY PROVIDER OR USER, OR THE QUALITY, SAFETY, OR LEGALITY OF ANY PROVIDER SERVICES. WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE, OR THAT ANY INFORMATION ON THE SERVICES IS ACCURATE.
Some jurisdictions do not allow certain warranty disclaimers, so some of the above may not apply to you.
29.1 TO THE FULLEST EXTENT PERMITTED BY LAW, MYATHLETE360 AND ITS OWNERS, OFFICERS, EMPLOYEES, AGENTS, AND CONTRACTORS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, DATA, OR GOODWILL, ARISING OUT OF OR RELATING TO THE SERVICES OR THESE TERMS.
29.2 TO THE FULLEST EXTENT PERMITTED BY LAW, MYATHLETE360 IS NOT LIABLE FOR THE ACTS, OMISSIONS, OR CONDUCT OF ANY PROVIDER, CLIENT, OR OTHER USER OR THIRD PARTY, WHETHER ONLINE OR OFFLINE, INCLUDING ANY PERSONAL INJURY, EMOTIONAL DISTRESS, OR PROPERTY DAMAGE RESULTING FROM PROVIDER SERVICES.
29.3 TO THE FULLEST EXTENT PERMITTED BY LAW, OUR TOTAL LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE SERVICES OR THESE TERMS WILL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID TO MYATHLETE360 (NOT INCLUDING AMOUNTS PAID TO PROVIDERS) IN THE 12 MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED DOLLARS ($100).
29.4 These limitations apply regardless of the legal theory (contract, tort, negligence, strict liability, or otherwise), even if we were told the damages were possible. Nothing in these Terms limits liability that cannot be limited under applicable law, including liability for our gross negligence, fraud, or intentional misconduct.
TO THE FULLEST EXTENT PERMITTED BY LAW, YOU (AND, IF YOU ARE A PARENT, YOUR CHILD) RELEASE MYATHLETE360 AND ITS OWNERS, OFFICERS, EMPLOYEES, AND AGENTS FROM ALL CLAIMS, DEMANDS, AND DAMAGES OF EVERY KIND ARISING OUT OF OR CONNECTED WITH ANY DISPUTE WITH, OR ANY ACT OR OMISSION OF, A PROVIDER, CLIENT, OR OTHER USER, INCLUDING CLAIMS ARISING FROM PROVIDER SERVICES.
You agree to defend, indemnify, and hold harmless MyAthlete360 and its owners, officers, employees, agents, and contractors from any claims, losses, liabilities, damages, fines, and expenses (including reasonable attorneys' fees) arising out of or related to: (a) your use of the Services; (b) your User Content; (c) your violation of these Terms or of any law or third-party right; and (d) if you are a Provider, your Provider Services, your conduct with Clients, your employees or subcontractors, your taxes, and any claim that you are MyAthlete360's employee or agent. We may take over the defense of any claim at our own expense, and you will cooperate with us. You may not settle any claim that affects us without our written consent.
32.1 By you. You may stop using the Services and delete your account at any time. Cancel any subscription as described in Section 19.5.
32.2 By us. We may suspend, restrict, or terminate your account or access to any part of the Services at any time, with or without notice, if we believe you have violated these Terms, created risk or possible legal exposure for us or others (especially minors), failed license or certification verification, failed to pay fees, or if we discontinue the Services. Where appropriate and safe, we will try to give you notice and an opportunity to respond.
32.3 Effect. When your account ends, your right to use the Services stops. Sections that by their nature should survive (including Sections 7.2 for content already shared, 8, 12.5, 16, 19.6, 20.4, 22, 23, and 26–39) will survive.
33.1 Services. We may add, change, or remove features of the Services at any time.
33.2 Terms. We may update these Terms from time to time. If we make material changes, we will notify you by email, in-app notice, or by posting a notice on the Services at least 30 days before the changes take effect (except where changes are required sooner by law or to address safety). Changes will not apply retroactively or to disputes that arose before the change. If you keep using the Services after the changes take effect, you accept the updated Terms. If you do not agree, stop using the Services and cancel any subscription before the changes take effect.
Most concerns can be resolved quickly. Before starting any arbitration or lawsuit, you and MyAthlete360 each agree to first try to resolve the dispute informally. The party with the concern must send a written notice describing the issue and the requested resolution — to us at contact@myathlete360.net and by mail to MyAthlete360 LLC, Attn: Legal, 3809 S General Bruce Dr, Ste 103, Temple, TX 76502, or to you at the email address on your account. The parties will then talk in good faith (including, if requested, by phone or video call) for at least 60 days. Any deadline for filing a claim is paused during this period. This Section does not prevent either party from seeking emergency injunctive relief or reporting safety concerns to authorities.
These Terms and any dispute between you and MyAthlete360 are governed by the laws of the State of Texas, without regard to conflict-of-law rules, and, where applicable, federal law. Any Claim that is not resolved in arbitration under Section 36 (for example, a small claims case, a Claim by someone who has opted out of arbitration, or a Claim a court decides is not subject to arbitration) must be brought exclusively in the state or federal courts located in Bell County, Texas (including the U.S. District Court for the Western District of Texas, Waco Division), and you and MyAthlete360 consent to personal jurisdiction there. Either party may bring an individual claim in a justice court in Bell County, Texas, if the claim qualifies.
PLEASE READ THIS SECTION CAREFULLY. IT REQUIRES YOU AND MYATHLETE360 TO RESOLVE MOST DISPUTES THROUGH BINDING INDIVIDUAL ARBITRATION INSTEAD OF IN COURT, AND IT WAIVES CLASS ACTIONS AND JURY TRIALS. YOU MAY OPT OUT WITHIN 30 DAYS AS DESCRIBED IN SECTION 36.6.
36.1 Agreement to arbitrate. If a dispute is not resolved during the 60-day informal resolution period in Section 34, you and MyAthlete360 agree that any dispute, claim, or controversy arising out of or relating to these Terms or the Services, including their formation, interpretation, or enforceability ("Claim"), will be resolved by binding individual arbitration rather than in court, except as described in Section 36.2. The Federal Arbitration Act (9 U.S.C. § 1 et seq.) governs the interpretation and enforcement of this Section. Otherwise, Texas law applies as stated in Section 35.
36.2 Exceptions: small claims court and urgent relief. Either party may instead bring in court: (a) an individual Claim in small claims court (in Texas, a justice court) if the Claim qualifies and stays in that court on an individual basis; and (b) a request for injunctive relief to stop infringement or misuse of intellectual property, or to protect the safety of any person, especially a minor. Nothing in this Section prevents anyone from reporting a safety concern, a crime, or suspected child abuse to law enforcement or a government agency.
36.3 Rules and arbitrator. The arbitration will be administered by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules (or, for a Claim between MyAthlete360 and a Provider that arises from the Provider's business, its Commercial Arbitration Rules), as modified by this Section. The AAA's rules are available at https://www.adr.org. A single arbitrator will decide the Claim. The arbitrator may award the same individual relief a court could award, but only in favor of the individual party seeking relief and only to the extent needed to resolve that party's individual Claim. The arbitrator decides all questions about whether a Claim must be arbitrated, except that a court decides any dispute about whether Section 36.5 or Section 36.8 can be enforced.
36.4 Location, hearings, and fees. The arbitration will take place in Bell County, Texas, or in the county where you live, or by video conference, phone, or written submissions if the parties agree or the AAA rules allow. Filing, administrative, and arbitrator fees will be paid as the applicable AAA rules provide, and the Consumer Arbitration Rules limit the fees a consumer pays. If you show that the cost of arbitration would be prohibitive compared with the cost of going to court, MyAthlete360 will pay as much of your filing, administrative, and arbitrator fees as the arbitrator decides is necessary to prevent that. Each party pays its own attorneys' fees and costs unless applicable law or the AAA rules allow the arbitrator to award them.
36.5 CLASS ACTION AND JURY TRIAL WAIVER. YOU AND MYATHLETE360 AGREE THAT EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, CONSOLIDATED, PRIVATE ATTORNEY GENERAL, OR REPRESENTATIVE PROCEEDING. THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON'S CLAIMS OR PRESIDE OVER ANY CLASS OR REPRESENTATIVE PROCEEDING, EXCEPT FOR THE BATCH ADMINISTRATION OF MASS FILINGS DESCRIBED IN SECTION 36.8. TO THE EXTENT ANY CLAIM PROCEEDS IN COURT RATHER THAN IN ARBITRATION, YOU AND MYATHLETE360 EACH WAIVE THE RIGHT TO A JURY TRIAL. If a court decides that this class action waiver cannot be enforced for a particular Claim or request for relief, that Claim or request (and only that one) will be severed and decided in court under Section 35, and all other Claims will still be arbitrated.
36.6 Your right to opt out within 30 days. You may opt out of this arbitration agreement by sending us written notice within 30 days after you first accept these Terms (including by continuing to use the Services after these Terms take effect). Send your notice by email to contact@myathlete360.net with the subject line "Arbitration Opt-Out," or by mail to MyAthlete360 LLC, Attn: Arbitration Opt-Out, 3809 S General Bruce Dr, Ste 103, Temple, TX 76502. Include your name, the email address and phone number on your account, and a clear statement that you want to opt out of arbitration. If you opt out, Claims between you and MyAthlete360 will be decided in court under Section 35. Opting out does not affect any other part of these Terms, including the informal dispute resolution requirement in Section 34.
36.7 Parents and minors. If you are a Parent or guardian who agrees to these Terms on behalf of a Minor User (Sections 1.2 and 4.5), this Section applies to Claims you bring on your own behalf and, to the extent permitted by law, to Claims brought on behalf of that Minor User. A Parent's opt-out under Section 36.6 also applies to the Minor User accounts and profiles linked to that Parent. If applicable law does not allow this Section to bind a Minor User, that Minor User's Claims will be decided in court under Section 35. Nothing in this Section limits any right of a minor that cannot be waived under Texas law.
36.8 Mass filings. If 25 or more similar demands for arbitration are filed against MyAthlete360 by or with the help of the same or coordinated counsel or organizations, the AAA's Mass Arbitration Supplementary Rules and related fee schedules will apply to those demands, in addition to the rules in Section 36.3.
36.9 Changes to this Section. If we make a material change to this Section, the change will not apply to any Claim you notified us about before the change, and you may reject the change by sending notice in the way described in Section 36.6 within 30 days after the change is posted. If you reject it, the most recent version of this Section that you accepted will continue to apply.
36.10 Survival and severability. This Section survives the end of your account and of these Terms. Except as stated in Section 36.5, if any part of this Section is found unenforceable, the rest of this Section still applies.
If you downloaded the app from the Apple App Store, the following also applies:
If you downloaded the app from Google Play, your use of the app is also subject to the Google Play Terms of Service. Google is not responsible for the app or for support. Purchases made through Google Play are subject to Google Play's billing and refund policies.
39.1 Entire agreement. These Terms, the Privacy Policy, and any additional terms referenced in them are the entire agreement between you and MyAthlete360 about the Services and replace all earlier versions and agreements.
39.2 Severability. If any part of these Terms is found unenforceable, the rest stays in effect, and the unenforceable part will be enforced to the maximum extent permitted.
39.3 No waiver. Our failure to enforce any part of these Terms is not a waiver of our right to do so later.
39.4 Assignment. You may not transfer these Terms without our written consent. We may transfer them in connection with a merger, acquisition, reorganization, or sale of assets, or by operation of law.
39.5 Force majeure. We are not responsible for delays or failures caused by events beyond our reasonable control, such as natural disasters, severe weather, power or internet outages, third-party service failures, labor disputes, government actions, or public health emergencies.
39.6 No third-party beneficiaries. Except for Apple as described in Section 37, and our owners, officers, employees, and agents as described in Sections 29–31, there are no third-party beneficiaries of these Terms.
39.7 Relationship. Nothing in these Terms creates a partnership, joint venture, employment, or agency relationship between you and MyAthlete360.
39.8 Notices. We may give you notice by email to the address on your account, by in-app notice, or by posting on the Services. You must send legal notices to us by email at contact@myathlete360.net and by mail to the address in Section 40.
39.9 Headings and interpretation. Headings are for convenience only. "Including" means "including without limitation."
39.10 Language. These Terms are written in English. Any translation is for convenience only, and the English version controls.
MyAthlete360 LLC
3809 S General Bruce Dr, Ste 103
Temple, TX 76502
Phone: 254-278-7799
Email: contact@myathlete360.net
Website: https://myathlete360.net
App (iOS and Android): https://pro.myathlete360.net/user/ODU4
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