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CurioCoreFlowbase and SportsFlow legal

Terms of Service

Flowbase and SportsFlow · Effective {EFFECTIVE_DATE}

These Terms of Service ("Terms") are a contract between you and CurioCore, a company organized under the laws of {STATE} ("Company," "we," "us"). They govern your use of Flowbase and SportsFlow, including joinflowbase.com, sportsflow.ai, our mobile apps, FlowCoach and related services (together, the "Services").

PLEASE READ SECTION 24. IF YOU LIVE IN THE UNITED STATES, IT REQUIRES MOST DISPUTES TO BE RESOLVED BY INDIVIDUAL ARBITRATION AND WAIVES CLASS ACTIONS, UNLESS YOU OPT OUT WITHIN 30 DAYS.

1. Agreement

1.1 By creating an account, making a purchase or using the Services, you agree to these Terms and to our Privacy Policy. If you do not agree, do not use the Services.

1.2 Additional terms apply to certain features and are part of these Terms: the Club Operating Agreement (for clubs), the Safeguarding Policy, and any rules we publish for a competition or league. If additional terms conflict with these Terms, the additional terms control for that feature.

2. The Services

2.1 Flowbase includes training logs, erg and on-water results, rankings (including Speed Order), leagues and challenges, race schedules and results, club management tools, boat reservations (BoatBay), events, coach and athlete messaging, highlight reels, and fundraising.

2.2 SportsFlow includes wellbeing and performance questionnaires, readiness indicators, wearable integrations, the SportsFlow library, coach education courses, and FlowCoach, our AI coaching assistant.

2.3 Some features are free. Others require a paid subscription or purchase. Features may differ between the websites and the apps.

2.4 Accounts. Flowbase and SportsFlow each have their own accounts. You may use one or both. If you have both, you may link them so that one sign-in and one profile work across the two. These Terms apply to both, whether used separately or linked. Your privacy settings apply in both.

2.5 Screening questionnaires. Clinical screening questionnaires are available only through clubs that have signed the Club Operating Agreement. They are not available to individual accounts or through creators at this time.

3. Eligibility and Accounts

3.1 You must be at least 13 years old to create an account.

3.2 If you are under 18, you may use the Services only after your parent or legal guardian approves your account under Section 4.

3.3 You must give accurate information, including your date of birth, and keep it current. You are responsible for activity on your account and for keeping your password secure. Tell us promptly at {SUPPORT_EMAIL} if you believe your account has been accessed without permission.

3.4 You may not create an account if we have previously terminated yours, or if you are barred from receiving services under applicable law.

4. Users Under 18

4.1 A parent or legal guardian must approve an under-18 account before any personal information is stored. By approving, the guardian agrees to these Terms on the minor's behalf and accepts responsibility for the minor's use of the Services, including purchases.

4.2 Guardians receive a copy of every message between the minor and a coach. The minor is told this before sending a first message.

4.3 A guardian may review, download or delete the minor's information, change settings, or withdraw approval at any time.

5. Subscriptions, Trials and Purchases

5.1 Plans. Paid plans, prices and included features are shown at the point of purchase. Prices may differ between the web and the App Store. Taxes may apply.

5.2 Automatic renewal. SUBSCRIPTIONS RENEW AUTOMATICALLY AT THE END OF EACH BILLING PERIOD (MONTHLY OR ANNUAL) AT THE THEN-CURRENT PRICE, AND YOUR PAYMENT METHOD WILL BE CHARGED UNTIL YOU CANCEL. You can cancel at any time. Cancellation takes effect at the end of the current billing period.

5.3 Free trials. If you start a free trial, you will be charged when it ends unless you cancel before then. We will remind you before a trial converts where the law requires.

5.4 How to cancel. App Store subscriptions: cancel in your Apple account settings. Web subscriptions: cancel in your account settings on our website, or email {SUPPORT_EMAIL}.

5.5 Price changes. We will notify you at least 30 days before a price increase takes effect. If you do not agree, you may cancel before the new price applies.

5.6 FlowCoach usage. Paid plans include a FlowCoach usage allowance. Additional usage may be purchased. Allowances and top-ups are described at the point of purchase and expire as stated there.

5.7 One-time purchases. Highlight reel bundles and similar purchases are consumable. Purchased reels remain available until used. Free monthly allowances do not carry over.

5.8 Courses and certificates. Coach education courses are licensed for your personal use. A certificate records that you completed a course. It is not a professional license or accreditation. If you choose to make a certificate public, its page shows your name, the course and the completion date.

5.9 Refunds. App Store purchases are refunded only by Apple under its policies. For web purchases, fees are non-refundable except where required by law or stated in Section 26.

5.10 Purchases by guardians. A person without a subscription, including a parent, may buy reels and other one-time items.

6. Fundraising and Donations

6.1 Clubs may run fundraisers through the Services. Payments are processed by Stripe. Clubs receive funds through a Stripe connected account and must accept Stripe's terms.

6.2 We charge a platform fee of 5% of each donation, in addition to payment processing fees, as shown before the donor pays.

6.3 We are not a charity and do not receive donations on our own behalf. The club running a fundraiser is responsible for its purpose, its use of funds, any tax receipts, and its compliance with charitable solicitation and tax laws. Whether a donation is tax-deductible depends on the club's status, not ours.

6.4 Donation refunds are at the club's discretion, except where the law requires otherwise or a payment was unauthorized. Platform fees on refunded donations are refunded where Stripe returns its fees.

7. Rankings, Results, Leagues and Challenges

7.1 Your submissions. When you log, upload or submit a result, you confirm it is accurate and was performed by the person named. Results uploaded by clubs or organizers are their responsibility.

7.2 Public display. Race results, league standings and ranking entries are public. They show name, club, category and result. Any user, or a guardian for a minor, may switch their public display to first name and last initial in settings.

7.3 Rankings and handicaps. Speed Order ratings, handicaps and projections are statistical estimates. They are not official national or governing-body rankings unless we say so.

7.4 Integrity. We may verify, correct, hide or remove results that appear inaccurate or fraudulent, and remove users from rankings or leagues for manipulation.

7.5 Prizes. Leagues and challenges carry no prizes unless official rules published for that competition say otherwise. Any prize competition is governed by its official rules.

8. Health and Safety

8.1 Exercise carries risk. Consult a qualified health professional before starting or changing a training program, especially if you have a medical condition. You participate in any training, test or competition at your own risk.

8.2 Not medical advice. THE SERVICES ARE FOR GENERAL FITNESS, TRAINING AND WELLNESS PURPOSES. THEY ARE NOT A MEDICAL DEVICE AND DO NOT PROVIDE MEDICAL, PSYCHOLOGICAL OR PSYCHIATRIC ADVICE, DIAGNOSIS OR TREATMENT.

8.3 Calculators and estimates. Training calculators, readiness indicators, scores and projections are estimates based on published formulas and your own data. They do not predict injury, illness, performance or results.

8.4 Screening questionnaires. Wellbeing screening questionnaires indicate when talking to someone may help. A result is not a diagnosis.

8.5 Not an emergency service. THE SERVICES ARE NOT MONITORED 24 HOURS A DAY. IN AN EMERGENCY, CONTACT LOCAL EMERGENCY SERVICES. Crisis resources by country are listed in our Safeguarding Policy.

9. FlowCoach and AI Features

9.1 FlowCoach generates responses using artificial intelligence provided by a third-party model provider. Responses may be inaccurate, incomplete or unsuitable for you. You are responsible for how you use them.

9.2 FlowCoach is designed not to diagnose, predict outcomes, compare you with other people, or speculate about information another person has not shared. If FlowCoach detects language suggesting a crisis, it will show crisis resources. It does not notify any person.

9.3 Do not rely on FlowCoach for medical, mental health, safety or emergency decisions.

10. Coaches, Clubs and Creators

10.1 Coaches may access athlete information only as the athlete permits in the Services, and only to support that athlete's training and wellbeing.

10.2 Coaches may not use athlete wellbeing information, or the absence or withholding of it, in any decision about selection, lineups, roster status, scholarships, compensation, employment or other standing.

10.3 Coaches may not request or pressure an athlete to share more than the athlete has chosen to share.

10.4 Clubs that use club features agree to the Club Operating Agreement. Creators who publish programs agree to the creator terms shown when they enroll.

10.5 Athletes may share data with more than one coach and follow more than one program. An athlete who leaves a coach, creator or club keeps their own account and history. Coaches and creators lose access to it.

11. Your Content

11.1 "Your Content" means anything you submit, including results, training logs, questionnaire answers, messages, videos, images, programs and reels.

11.2 You keep ownership of Your Content. You grant us a worldwide, non-exclusive, royalty-free license to host, store, reproduce, process, adapt for display, and display Your Content, solely to operate, secure and improve the Services and as you direct through your settings. For content you make public, such as results or published reels, the license includes displaying it publicly. The license ends when Your Content is deleted, except for public results under Section 7 and de-identified data described in the Privacy Policy.

11.3 You are responsible for Your Content. You confirm you have all rights needed to submit it, including rights in any music, footage or images in a reel, and the permission of any person shown in it. Music from your personal library may only be used as your license for that music allows.

11.4 Reels carry the Flowbase logo.

12. Acceptable Use

You agree not to: (a) access another person's account or data without permission; (b) submit false results or complete questionnaires for someone else; (c) harass, threaten, bully, exploit or discriminate against anyone; (d) post content that is sexual, violent, hateful or illegal, or that sexualizes or endangers a minor; (e) contact a minor through the Services other than in a legitimate coaching or club capacity; (f) infringe anyone's intellectual property or privacy; (g) upload malware or interfere with the Services; (h) scrape, copy, reverse engineer or resell the Services; (i) attempt to bypass FlowCoach's safeguards or extract its instructions; or (j) use the Services in violation of law or of your club's or governing body's rules.

13. Reporting, Moderation and Appeals

13.1 You can report content or conduct from within the Services or at {SAFEGUARDING_EMAIL}. Reports involving a risk to a minor are prioritized.

13.2 We may remove content, restrict features, or suspend or close accounts that violate these Terms. We decide based on the report, the content and its context, using human review for decisions affecting accounts.

13.3 Where the law requires, we tell you what we did and why, and you may appeal by replying to our notice within 6 months. Users in the EU may also use an out-of-court dispute settlement body certified under the Digital Services Act.

13.4 Single point of contact for EU authorities and users under the Digital Services Act: {LEGAL_EMAIL}, in English.

If you believe content on the Services infringes your copyright, send a notice with the information required by 17 U.S.C. § 512(c)(3) to our designated agent: {COPYRIGHT_AGENT}. We remove infringing content and terminate the accounts of repeat infringers in appropriate circumstances. If your content was removed, you may send a counter-notice as the law permits.

15. Third-Party Services and Devices

The Services connect with third-party services, including Concept2, Garmin, Polar, WHOOP, Oura, Apple Health, Stripe and results providers. Your use of them is governed by their terms. We are not responsible for their availability, accuracy or practices, and a connection may stop working if a third party changes its service.

16. Our Intellectual Property

16.1 The Services, including their software, questionnaires, scoring methods, ranking and handicap models, library content and design, are owned by Company or its licensors and protected by intellectual property laws. Certain methods are the subject of pending patent applications. Third-party questionnaires are used under their licenses.

16.2 We grant you a limited, personal, non-exclusive, non-transferable, revocable license to use the Services under these Terms. "Flowbase," "SportsFlow," "FlowCoach," "Speed Order" and "BoatBay" are our trademarks.

16.3 If you send us feedback, we may use it without obligation to you.

17. Privacy

Our Privacy Policy and Consumer Health Data Notice explain how we handle personal information. You control which of your information coaches can see, subject to the defaults and the safeguarding notification described there.

18. Changes to the Services

We may add, change or remove features. If we remove a material part of a paid plan during your billing period, we will give you a prorated refund or a comparable replacement.

19. Changes to These Terms

We will give you at least 30 days' notice of material changes by email or in the Services. Changes do not apply to disputes that arose before they took effect. If you do not agree, stop using the Services and cancel any subscription before the change applies.

20. Termination

20.1 You may close your account at any time in settings. If you have linked Flowbase and SportsFlow accounts, you may close either one or both. Closing one does not close the other unless you choose.

20.2 We may suspend or close your account if you materially or repeatedly breach these Terms, if required by law, or to protect another user. Except in urgent cases, we will give notice and the reason.

20.3 On closure, your data is handled as described in the Data Retention Schedule. Sections 6.3, 11.2 (for public results), 16, 21 to 25 and 28 survive.

21. Disclaimers

TO THE EXTENT PERMITTED BY LAW, THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE." WE DISCLAIM ALL IMPLIED WARRANTIES, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, ACCURACY AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT THEY WILL DETECT ANY HEALTH CONDITION OR RISK. THIS SECTION DOES NOT LIMIT RIGHTS YOU HAVE UNDER CONSUMER LAWS THAT CANNOT BE EXCLUDED (SEE SECTION 26).

22. Limitation of Liability

TO THE EXTENT PERMITTED BY LAW: (A) WE ARE NOT LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, OR LOST PROFITS OR DATA; AND (B) OUR TOTAL LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICES IS LIMITED TO THE GREATER OF THE AMOUNT YOU PAID US IN THE 12 MONTHS BEFORE THE CLAIM AROSE OR US$100. THESE LIMITS DO NOT APPLY TO LIABILITY FOR DEATH OR PERSONAL INJURY CAUSED BY OUR NEGLIGENCE, FOR FRAUD, OR TO ANY OTHER LIABILITY THAT CANNOT BE LIMITED BY LAW.

23. Indemnity

If you use the Services as a coach, club or creator, or on behalf of a business, you will indemnify us against third-party claims arising from your breach of these Terms or your misuse of another person's data. This section does not apply to consumers where local law prohibits it.

24. Dispute Resolution for US Users

24.1 Informal resolution first. Before starting a claim, contact {LEGAL_EMAIL} with a description of the dispute. Both sides will try in good faith to resolve it within 60 days.

24.2 Arbitration. If not resolved, you and we agree that any dispute relating to the Services will be resolved by binding individual arbitration administered by the American Arbitration Association under its Consumer Arbitration Rules. The arbitration may be held by video or in your county of residence. We will pay the filing, administration and arbitrator fees beyond the amount you would pay to file in court, unless the arbitrator finds the claim frivolous.

24.3 Class action waiver. Claims may be brought only individually, not as a plaintiff or class member in any class, collective or representative proceeding.

24.4 Exceptions. Either side may bring an individual claim in small claims court, or seek an injunction in court for intellectual property misuse. This Section 24 does not apply to claims by or on behalf of a person under 18.

24.5 Mass filings. If 25 or more similar demands are filed by or with the same counsel, they will be administered in batches under the AAA's Mass Arbitration Supplementary Rules.

24.6 Opt-out. You may opt out of this Section 24 by emailing {LEGAL_EMAIL} within 30 days of first accepting these Terms, with your name, account email and a statement that you opt out.

24.7 Severability. If the class action waiver is found unenforceable for a claim, that claim proceeds in court and not in arbitration.

25. Governing Law and Venue

For US users, these Terms are governed by California law and the Federal Arbitration Act, without regard to conflict-of-laws rules. Claims not subject to arbitration will be heard in the state or federal courts located in Santa Clara County, California. Users outside the US: see Section 26.

26. Regional Terms

26.1 EU and EEA. Nothing in these Terms limits your rights under mandatory consumer law of your country of residence. You may bring claims in the courts of your country. Section 24 does not apply to you. You have a statutory warranty for digital content and services. For digital content supplied immediately, you agree that supply starts right away and acknowledge that you lose your 14-day right of withdrawal once it starts. Subscriptions may be withdrawn within 14 days of purchase, with a proportionate charge for use before withdrawal.

26.2 United Kingdom. The same applies as in 26.1 under the Consumer Rights Act 2015 and related regulations. The courts of your part of the UK have jurisdiction.

26.3 Australia. Our services come with guarantees that cannot be excluded under the Australian Consumer Law. For major failures you are entitled to cancel and receive a refund for the unused portion, or compensation for any other reasonably foreseeable loss. Sections 21 and 22 apply only to the extent permitted by the Australian Consumer Law.

26.4 New Zealand. If you use the Services as a consumer, the Consumer Guarantees Act 1993 applies and nothing in these Terms limits it. If you use the Services for business, the Act does not apply.

26.5 Canada and Quebec. Nothing in these Terms limits rights under provincial consumer protection law. For Quebec residents, Section 24 does not apply, the Consumer Protection Act prevails where it conflicts with these Terms, and Quebec courts have jurisdiction.

27. App Store Terms

If you downloaded our app from the Apple App Store: (a) these Terms are between you and us, not Apple, and Apple is not responsible for the app or its content; (b) Apple has no obligation to provide maintenance or support; (c) if the app fails to conform to any warranty, you may notify Apple for a refund of its purchase price, and Apple has no other warranty obligation; (d) Apple is not responsible for product liability, legal compliance or intellectual property claims relating to the app; (e) you confirm you are not in a country subject to a US embargo or on a US prohibited parties list; and (f) Apple and its subsidiaries are third-party beneficiaries of these Terms and may enforce them against you.

28. General

These Terms, with the documents they reference, are the entire agreement between you and us about the Services. If a provision is unenforceable, the rest remains in effect. Our failure to enforce a provision is not a waiver. You may not assign these Terms. We may assign them to a successor in a merger, acquisition or sale of assets, with notice. Neither party is liable for delays caused by events beyond its reasonable control. Notices to you may be sent by email or in the Services.

29. Contact

CurioCore, {ADDRESS} · Support: {SUPPORT_EMAIL} · Legal: {LEGAL_EMAIL}