AthesAI Terms of Use

Welcome to Athes. We are glad to have you as part of our community of athletes, coaches, and parents. Please read this Terms of Use carefully before using our app. It describes the collection and processing of information collected on the app. When you use Athes, you are agreeing to this Terms of Use and our Privacy Policy. Please review these carefully and note that you are entering into a legally-binding agreement with us.

Please keep in mind that this Terms of Use applies to Athes and our app (collectively, “Athes”) only. It does not apply to any third-party websites, apps, or platforms that you may have used to find, download, or access Athes. It also does not apply to any websites or apps linked to from Athes. Please see Section 7 below for more information.

To further accessibility, this Terms of Use utilizes a two-column format. The official terms for using Athes is on the left. A helpful explanatory note is included on the right. In the event of any conflict or ambiguity, the official terms on the left control.

Last Revised: June 28,2023

When you use Athes, you enter into a legal agreement with us and agree to all of this Terms of Use and our Privacy Policy.

1. Using Athes

1. Who may access Athes. You may access Athes only if you are a registered user (a “Registrant”). To apply to be a Registrant, check the requirements in paragraphs b. and c. below. We may approve or deny your request to register in our sole discretion. We may also suspend, block, or terminate your access to Athes for any reason, including violation of this Terms of Use or the Privacy Policy.

   We love when people use Athes but do have some limits on who may register.

2. Registrant requirements - Location. You must be located in the United States to be a Registrant. Although Athes is accessible worldwide, it is not necessarily appropriate for use outside the United States. Athes and your registration are void where prohibited. If you choose to access Athes from outside the United States, you do so on your own initiative and you are solely responsible for complying with applicable local laws.

   While Athes may be accessible via the Internet from Albania to Zambia, it is not designed for use in all countries.

3. Registrant requirements - Age To request to be a Registrant, you must meet one of the following criteria: (a) be 18 years of age or older; (b) be age 13 through 17 and certify that you and your parent or guardian have reviewed and agreed to this Terms of Use and our Privacy Policy together and that your parent or guardian consented to you being a Registrant; or (c) be ages 11 or 12 with verifiable parental consent received in accordance with our Children’s Privacy Policy.

   Different requirements apply to individuals of different ages. If you are 17 years of age or younger, parental consent is required to use Athes.

4. Account. Upon approval as a Registrant, and subject to this Terms of Use and the Privacy Policy, we grant you permission and a limited, non-exclusive, non-transferable, and revocable license to use Athes.

   You must follow the rules in this Terms of Use and the Privacy Policy when using Athes.

2. Content

1. Uploading and sharing content. Athes allows you to upload and share content, including personal and athletic information about yourself, members of your team, or others. Anything that you upload or otherwise make available on Athes is referred to as “Your Content.” You retain all rights in, and are solely responsible for, Your Content. You are solely responsible for obtaining any and all consents or permissions to upload or make available Your Content and have sole responsibility for complying with any and all laws regarding Your Content. Once you elect to share Your Content through Athes, it cannot always be withdrawn or returned to you.

   You are responsible for what you upload and share, and once it’s uploaded and shared, it cannot always be taken back.

2. How we can use Your Content. You grant Athes a nonexclusive, royalty-free, transferable, sublicensable, worldwide license to use, store, display, reproduce, modify, create derivative works, perform, and distribute Your Content on the app for the purposes of operating, developing, providing, and using the app. Nothing in this Terms of Use shall restrict other legal rights Athes may have to Your Content. We reserve the right to remove or modify Your Content for any reason, including when we believe it violates this Terms of Use or our Privacy Policy.

   You own your content, but you give us permission to use it in order to operate and provide the app.

3. How long we keep Your Content. Except as set forth in the Privacy Policy, following termination or deactivation of your account, or if you remove any of Your Content from Athes, we may retain Your Content for a commercially reasonable period of time for backup, archival, or audit purposes. Furthermore, Athes may retain and continue to use, store, display, reproduce, modify, create derivative works, perform, and distribute any of Your Content that you have shared and that others have received and/or stored through Athes.

   If you close your account or remove content, we may keep a copy of it for certain business purposes.

4. Feedback you provide. If you choose to submit comments, ideas or feedback to us, you agree that we are free to use them without any restriction or compensation to you. By accepting your submission, Athes does not waive any rights to use similar or related feedback previously known to Athes, or developed by its employees, or obtained from sources other than you.

   We love feedback and your ideas, and if you submit a comment to us, we may use it however we want.

5. Athes Content. As between you and Athes, we own the “Athes Content,” which includes but is not limited to visual interfaces, interactive features, graphics, design, compilation, including, but not limited to, our compilation of Your Content and other Athes Content, computer code, products, software, and all other elements and components of Athes excluding any third-party content. We also own the copyrights, trademarks, service marks, trade names, and other intellectual and proprietary rights throughout the world (“IP Rights”) associated with the Athes Content and Athes, which are protected by copyright, trade dress, patent, trademark laws and all other applicable intellectual and proprietary rights and laws. As such, you may not modify, reproduce, distribute, create derivative works or adaptations of, publicly display or in any way exploit any of the Athes Content in whole or in part except as expressly authorized by us. Except as expressly and unambiguously provided herein, we do not grant you any express or implied rights, and all rights in and to Athes and the Athes Content are retained by us.

   We own what we developed and everything that makes up Athes.

3. Privacy

1. General Athes is a platform that permits Registrants to voluntarily upload and share information, including personal and athletic information. You are at all times in full control of what personal information, if any, is uploaded and shared by you through Athes.

   Athes is a platform for building community. You are in full control of what (if anything) you decide to share on Athes.

2. Privacy Policy. Use of Athes is subject to the Privacy Policy that is incorporated into this Terms of Use.

   Use of Athes is also subject to our Privacy Policy.

4. Acceptable Use.

Athes has established certain basic requirements for the use of our app and we require you to adhere to them. The purpose of these requirements is to set forth how you may use Athes and certain behavior and actions that are prohibited. When using Athes, you are not allowed to upload or share anything that:

1. Is sexually explicit or pornographic, creates a genuine risk of physical injury or property damage, or promotes self-harm or drug abuse

2. Attacks, bullies or harasses or includes hate speech.

   
   

3. Infringes anyone’s intellectual property, privacy or other rights.

4. Is fraudulent or deceptive.

5. Contains any information or content that is illegal or knowingly false.

Further, you are not allowed to:

1. Share your log-in credentials (i.e. user name and password) with any third party (other than a parent or guardian).

2. Provide access to Athes to third parties (other than a parent or guardian), such as by allowing third parties to view the information contained within Athes.

3. Upload information about an individual when you do not have authorization or permission to do so.

4. Access, tamper with or use non-public areas of Athes, our systems or our technical providers’ systems.

5. Break or circumvent our security measures or otherwise test the vulnerability of our systems or networks.

6. Use any undocumented or unsupported method to access, search, scrape, download or change Athes or anything on it.

7. Try to reverse engineer any of our software.

8. Try to interfere with any other Registrant.

9. Do anything that violates applicable law or regulations.

10. Encourage or help anyone do any of the things on this list.

You must comply with these rules when using Athes. These rules are our community standards and help keep Athes safe and enjoyable for all users.

Keep in mind the following:

1. Be nice. Be safe. Be respectful.

2. Don’t share you user name and password with your friends or people you don’t know.

5. Notification of Claims of Infringement

A copyright owner or an agent thereof who believes that content infringes upon such copyright owner’s copyrights may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing Athes’s Copyright Agent (identified below) with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):

1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;

2. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;

   
   

3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the Copyright Agent to locate the material;

4. Information reasonably sufficient to permit the Copyright Agent to contact the owner or its agent, such as an address, telephone number, and, if available, an electronic mail address;

5. A statement that the owner has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law;

6. A statement that the information in the notification is accurate, and under penalty of perjury, that the copyright owner or its agent is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Athes’s designated Copyright Agent to receive notifications of claimed infringement is: 

Athes LLC info@athes.com

Email: info@athes.com

NOTE: If the owner or its agent fails to comply with all of the requirements of this section, the DMCA notice may not be valid.

We take copyright law very seriously, and if you have a concern about what you see on Athes, please let us know.

6. Security

We care about the security of our Registrants. While we work to protect the security of Your Content and account, Athes cannot guarantee that unauthorized third parties will not be able to defeat our security measures. Please notify us immediately of any compromise or unauthorized use of your account.

In this day and age, no application is 100% secure but we take reasonable measures to protect your content and your account.

7. Third-Party Links, Sites, and Services

Athes may contain links to third-party websites, services, offers, or other events or activities that are not owned or controlled by Athes. We do not endorse or assume any responsibility for any such third-party sites, information, materials, products, or services. If you access any such third party website, service, or content, you do so at your own risk and you agree that Athes will have no liability arising from your use of or access to any third-party website, service, or content.

Sometimes, Athes may contain links to a website that is not ours.

We don’t endorse and are not responsible for those other websites

8. Indemnity

You agree to indemnify and hold us harmless from and against any claims, liabilities, damages, losses, and expenses, including without limitation, reasonable attorney’s fees and costs, arising out of or in any way connected with any of the following (including as a result of your direct activities using Athes): (i) Your Content or your access to or use of Athes or the information of any other Registrant; (ii) your breach or alleged breach of this Terms of Use or the Privacy Policy; (iii) your violation of any third-party right, including without limitation, any intellectual property right, publicity, confidentiality, property or privacy right; (iv) your violation of any laws, rules, regulations, codes, statutes, ordinances or orders of any governmental and quasi-governmental authorities; or (v) any misrepresentation made by you. You will cooperate as fully required by Athes in the defense of any claim.

If we are sued because of something you have done, you have to pay our costs.

9. Disclaimers

Athes and all included content, applications, and technologies are provided on an “as is” basis without warranty of any kind, whether express or implied. ATHES SPECIFICALLY DISCLAIMS ANY AND ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. Athes takes no responsibility and assumes no liability for Your Content or your use of it or the use of it by another Registrant. Athes further takes no responsibility and assumes no liability for the actions or omissions of Registrants.

This is our disclaimer of liability for the quality, service, operation or reliability of Athes.

10. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, ATHES SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, YOUR CONTENT, USE, GOOD-WILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (A) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE ATHES; (B) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON ATHES, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER REGISTRANTS OR THIRD PARTIES; OR (C) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR YOUR CONTENT. IN NO EVENT SHALL ATHES’S AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO ATHES EXCEED ONE HUNDRED U.S. DOLLARS (U.S. $100.00).

Our liability is limited to $100.00 and we aren’t liable for many costs or damages that you may incur.

11. Arbitration

For any dispute you have with Athes, you agree to first contact us and attempt to resolve the dispute with us informally. If Athes has not been able to resolve the dispute with you informally, we each agree to resolve any claim, dispute, or controversy (excluding claims for injunctive or other equitable relief) arising out of or in connection with or relating to this Terms by binding arbitration by the American Arbitration Association (“AAA”) under the Commercial Arbitration Rules and Supplementary Procedures for Consumer Related Disputes then in effect for the AAA, except as provided herein. Unless you and Athes agree otherwise, the arbitration will be conducted in Connecticut. Each party will be responsible for paying any AAA filing, administrative and arbitrator fees in accordance with AAA rules, except as otherwise required by AAA rules or applicable law. The award rendered by the arbitrator shall include costs of arbitration, reasonable attorneys’ fees and reasonable costs for expert and other witnesses, and any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Nothing in this section shall prevent either party from seeking injunctive or other equitable relief from the courts for matters related to data security, intellectual property or unauthorized access to Athes.

If there is a dispute between you and us, we hope we can work it out. If not, the dispute will be resolved through this arbitration process.

12. Governing Law and Jurisdiction

This Terms of Use shall be governed by the laws of the State of Connecticut, without respect to its conflict of laws principles. We each agree to submit to the personal jurisdiction of a state court located in Fairfield County, Connecticut or the United States District Court for the District of Connecticut, for any actions not subject to Section 11 (Arbitration). Athes is controlled and operated from the United States, and we make no representations regarding compliance with the laws of any foreign jurisdiction.

If we have a dispute, we will use Connecticut law and any lawsuits will be heard in Connecticut.

13. How to Contact Us

If you have questions about this Terms of Use, you can contact us by email at support@athes.com

Questions? This is how you can contact us.

14. General Terms

1. Term and Termination. This Terms of Use continues in effect until terminated by us or your account is deactivated. Upon termination or deactivation, you continue to be bound by Sections 7 - 12 and 14 of this Terms of Use and shall not have the right to continue to access or use Athes. We have no obligation to store or maintain Your Content after termination or deactivation. We reserve the right to terminate your use of Athes or deactivate your account for any reason.

   If your use of Athes is terminated or you deactivate your account, we have no obligation to store your content.

2. Notification Procedures and Changes to this Terms of Use. From time to time, we may change this Terms of Use. We will provide notice to you if these changes are material. Notice may be by email to you at the last email address you provided us, by posting notice of such changes on our app, or by other means, consistent with applicable law. Your continued use of Athes following such notice constitutes your acceptance of such changes. If you do not agree to the new terms, we ask that you discontinue using Athes and deactivate your account.

   We may change this Terms of Use from time to time. If the change is important, we will let you know.

3. Assignment. This Terms of Use, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Athes without restriction. Any attempted transfer or assignment in violation hereof shall be null and void.

   Sections c through f contain important legal items about this Terms of Use and your use of the app.

4. Entire Agreement/Severability. This Terms of Use, together with the Privacy Policy and policies linked to it, constitute the entire agreement between you and Athes concerning the app. If any provision of this Terms of Use is deemed invalid, then that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions of this Terms of Use will remain in full force and effect.

5. No Waiver. No waiver of any term of this Terms of Use shall be deemed a further or continuing waiver of such term or any other term, and our failure to assert any right or provision under this Terms of Use shall not constitute a waiver of such right or provision.

6. Limitation on Legal Action. YOU AND ATHES AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE APP MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.

DISCLAIMER: Athes is an AI application that is trained based on publicly available preexisting material. While Athes draws from many sources, only limited information is derived from each such source. The purpose of Athes is to provide educational videos for youth athletes, with additional curation and capabilities. Athes is not intended to replace the preexisting material, and only provided for interactive purposes.