CoachMate Terms of Service

1. Introduction and Acceptance

These Terms of Service ("Terms") form a binding agreement between the entity or individual creating an account ("Customer," "you") and CoachMate LLC ("CoachMate," "we," "us"). By creating an account, starting a trial, or using the platform, you confirm that:

• You are at least 18 years old;
• You have the legal authority to bind your organization; and
• You agree to these Terms, the Privacy Policy, the Acceptable Use Policy, and the Data Processing Addendum (collectively, the "Agreement").

If you do not agree, do not use CoachMate.

2. Platform Scope — Software Only

CoachMate provides cloud-based software tools for sports organizations, including registration, scheduling, communication, payment processing, waivers, and reporting.

CoachMate does NOT:

• Operate, supervise, manage, or control any sports program, practice, game, tryout, or tournament;
• Employ, vet, or background-check any coach, volunteer, official, or staff;
• Own, inspect, or maintain any facility, field, or equipment;
• Arrange, supervise, or insure any transportation;
• Guarantee the safety or well-being of any participant; or
• Provide legal, medical, insurance, or compliance advice.

Waiver templates, policy templates, and compliance tools are provided for convenience only and do not constitute legal advice. Customer must obtain independent legal counsel to ensure documents are enforceable in its jurisdiction.

No Duty of Care; No Special Relationship. CoachMate owes no duty of care to participants, parents, guardians, spectators, coaches, volunteers, officials, staff, or any other third party. Use of the Service does not create any special, fiduciary, custodial, supervisory, protective, in loco parentis, or similar relationship between CoachMate and any person. Nothing in the Service makes CoachMate an organizer, co-organizer, promoter, co-promoter, operator, co-operator, sponsor, host, supervisor, coach, trainer, instructor, referee, official, chaperone, employer, joint employer, partner, joint venturer, or agent of any Customer, league, organization, team, or participant.

3. Customer Responsibilities

Customer is solely and exclusively responsible for:

• Program Operations — all programs, events, training, games, and tournaments;
• Safety & Supervision — participant safety, adequate supervision, and appropriate staffing;
• Background Checks — conducting background checks on all staff, coaches, and volunteers as required by law;
• Facilities & Equipment — ensuring safe facilities, fields, and equipment;
• Legal Compliance — compliance with all applicable federal, state, and local laws, including youth protection laws, COPPA, child abuse reporting mandates, Title IX, anti-discrimination laws, and applicable state athletic association rules;
• Waivers & Consents — collecting legally sufficient waivers, medical authorizations, photo/video releases, and parental/guardian consents enforceable in Customer's jurisdiction;
• Messaging Compliance — obtaining all legally required opt-ins and consents before sending email, SMS, or other communications through CoachMate, including compliance with CAN-SPAM, TCPA, and applicable state laws;
• Insurance — maintaining, at Customer's own expense and throughout its use of the Service, commercially reasonable insurance appropriate to its activities, including where applicable:
  • Commercial General Liability of at least $1,000,000 per occurrence and $2,000,000 in the aggregate;
  • Participant accident coverage where customary or appropriate to the activity;
  • Sexual Abuse and Molestation (SAM) coverage where Customer serves minors or youth participants;
  • Workers' compensation and employer's liability where required by law.
  Customer remains solely responsible for determining whether additional or higher-limit coverage is required for its operations. Upon reasonable request (including for enterprise or higher-risk customers), Customer will provide certificates of insurance and, where available under its liability coverage, will name CoachMate as an additional insured;
• Content — all content uploaded, sent, or published through CoachMate.

4. Acceptable Use

Customer will comply with the Acceptable Use Policy. CoachMate may remove content or suspend/terminate access for violations without prior notice.

5. Accounts and Security

Customer is responsible for maintaining the confidentiality of account credentials and for all activities under its account. Customer must promptly notify CoachMate of any unauthorized access. CoachMate is not liable for losses arising from compromised credentials.

6. Billing, Payments, and Fees

(a) Plans and Pricing. Plan pricing, billing cycle, renewal, and cancellation terms are presented at checkout or in the applicable order form.

(b) Auto-Renewal. Subscriptions automatically renew at the end of each billing period unless cancelled before renewal.

(c) Non-Refundable. Platform subscription fees are non-refundable except as required by applicable law or expressly stated in writing by CoachMate.

(d) Registration Fees. CoachMate charges a per-transaction platform fee on participant registrations as disclosed at checkout. Payment processor fees (Stripe) apply separately.

(e) Chargebacks. Customer must contact CoachMate support before initiating a chargeback or payment dispute. CoachMate may suspend accounts for abusive disputes, unpaid amounts, or excessive chargebacks.

(f) Taxes. Customer is responsible for all applicable taxes. CoachMate may collect and remit taxes where required by law.

7. Participant Registration Payments

CoachMate facilitates payment collection between organizations and participants via Stripe. CoachMate is NOT a party to the transaction between Customer and participant. Customer is solely responsible for setting accurate pricing and refund policies, processing refunds, resolving billing disputes with participants, and compliance with PCI-DSS requirements (handled by Stripe for card data).

8. Data and Privacy

Customer controls participant and registration data submitted through the platform. CoachMate processes this data as a service provider/processor on Customer's behalf. See our Privacy Policy and Data Processing Addendum for details.

Customer is responsible for providing legally adequate privacy notices to participants and parents and for obtaining all required consents for data collection, particularly for minors.

9. Intellectual Property

(a) CoachMate IP. CoachMate retains all rights, title, and interest in the platform, software, documentation, trademarks, and related intellectual property. These Terms grant no ownership rights to Customer.

(b) Customer Content. Customer retains ownership of data and content submitted to the platform. Customer grants CoachMate a non-exclusive, worldwide, royalty-free license to use, store, process, display, and transmit Customer content solely to provide and improve the Service.

(c) Feedback. If Customer provides feedback or suggestions, CoachMate may use them without restriction or compensation.

10. Third-Party Services

CoachMate integrates with third-party providers (Stripe, Supabase, SendGrid, Cloudflare, and others). CoachMate is not responsible for third-party outages, data practices, policy changes, or service interruptions. Customer's use of third-party services is subject to those providers' terms.

11. Indemnification

Customer will defend, indemnify, and hold harmless CoachMate and its owners, officers, directors, employees, contractors, agents, affiliates, licensors, and technology partners (the "CoachMate Parties") from and against any and all claims, demands, lawsuits, losses, liabilities, damages, costs, and expenses (including reasonable attorneys' fees and court costs) arising from or related to:

• Customer's programs, events, activities, and participant injuries or damages;
• Customer's content, communications, or use of the Service;
• Customer's breach of these Terms or any applicable law;
• Customer's failure to obtain adequate waivers, consents, insurance, or parental permissions;
• Any claim by a participant, parent, guardian, or third party arising from Customer's programs;
• Any employment, contractor, or volunteer dispute involving Customer's personnel.

This indemnification obligation survives termination of these Terms.

12. Disclaimer of Warranties

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE. COACHMATE SPECIFICALLY DISCLAIMS ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. COACHMATE DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION.

13. Limitation of Liability

(a) Cap. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, COACHMATE'S TOTAL AGGREGATE LIABILITY ARISING FROM OR RELATED TO THESE TERMS OR THE SERVICE WILL NOT EXCEED THE AMOUNTS ACTUALLY PAID BY CUSTOMER TO COACHMATE IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO LIABILITY.

(b) Exclusions. IN NO EVENT WILL COACHMATE BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR LOSS OF PROFITS, REVENUE, DATA, GOODWILL, OR BUSINESS OPPORTUNITY, REGARDLESS OF THE THEORY OF LIABILITY, EVEN IF COACHMATE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

(c) Essential Purpose. THE LIMITATIONS IN THIS SECTION APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

(d) Exceptions. Nothing in these Terms limits liability for fraud, willful misconduct, or liability that cannot be excluded under applicable law.

14. Dispute Resolution and Binding Arbitration

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.

(a) Informal Resolution First. Before filing any claim, the complaining party must send a written notice describing the dispute to the other party (for CoachMate: support@coachmatesports.com) and allow 60 days for informal resolution.

(b) Binding Arbitration. If the dispute is not resolved informally, it will be resolved exclusively through binding arbitration administered by JAMS under its Streamlined Arbitration Rules and Procedures. The arbitration will be conducted by a single neutral arbitrator in San Diego County, California (or virtually, at the arbitrator's discretion).

(c) CLASS ACTION WAIVER. ALL DISPUTES MUST BE BROUGHT IN THE PARTIES' INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION. THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON'S CLAIMS AND MAY NOT PRESIDE OVER ANY FORM OF CLASS OR REPRESENTATIVE PROCEEDING.

(d) Exceptions. Either party may seek injunctive or equitable relief in any court of competent jurisdiction to protect intellectual property rights or prevent imminent harm.

(e) Opt-Out. Customer may opt out of this arbitration provision by sending written notice to support@coachmatesports.com within 30 days of first accepting these Terms. The opt-out notice must include Customer's organization name, contact name, email, and a clear statement of intent to opt out.

15. Governing Law and Venue

These Terms are governed by and construed in accordance with the laws of the State of California, without regard to conflict of law principles. For disputes not subject to arbitration, the exclusive venue is the state and federal courts located in San Diego County, California, and Customer consents to personal jurisdiction in those courts.

16. Suspension and Termination

(a) By Customer. Customer may cancel its subscription per plan terms. Upon cancellation, access continues through the end of the paid billing period.

(b) By CoachMate. CoachMate may suspend or terminate access immediately and without notice for: breach of these Terms, security risk, fraud, abuse, legal requirements, non-payment, or excessive chargebacks.

(c) Effect of Termination. Upon termination, Customer's right to use the Service ceases. Customer may request data export within 30 days of termination, after which CoachMate may delete Customer data.

(d) Survival. Sections 11 (Indemnification), 12 (Disclaimer), 13 (Limitation of Liability), 14 (Arbitration), 15 (Governing Law), and this survival clause survive termination.

17. Force Majeure

Neither party is liable for failure or delay in performance due to causes beyond its reasonable control, including natural disasters, pandemics, epidemics, government orders, war, terrorism, riots, labor disputes, internet or infrastructure failures, power outages, or acts of God. If a force majeure event continues for more than 90 days, either party may terminate these Terms upon written notice.

18. Modifications to Terms

CoachMate may update these Terms at any time. Material changes will be communicated via email or in-platform notice at least 30 days before taking effect. Continued use of the Service after the effective date constitutes acceptance. For material changes, CoachMate may require explicit re-acceptance through the platform.

19. General Provisions

(a) Entire Agreement; Order of Precedence. These Terms, together with the Privacy Policy, Acceptable Use Policy, DPA, and any applicable order form or subscription agreement signed by the parties (each, an "Order Form"), constitute the entire agreement between the parties and supersede all prior or contemporaneous understandings. In the event of a conflict between these Terms and an Order Form, these Terms control, except that an Order Form controls solely with respect to commercial terms expressly stated in it — namely price, plan, billing cycle, capacity or usage limits, and SLA/support level. No term contained in any Customer-issued purchase order, procurement portal, vendor onboarding portal, click-through, or other Customer form will have any force or effect, and all such terms are expressly rejected, unless countersigned in writing by an authorized officer of CoachMate.

(b) Severability. If any provision is found unenforceable, that provision will be modified to the minimum extent necessary to be enforceable, and the remaining provisions will continue in full force and effect.

(c) Waiver. Failure to enforce any right or provision is not a waiver of future enforcement.

(d) Assignment. Customer may not assign these Terms without CoachMate's prior written consent. CoachMate may assign these Terms freely in connection with a merger, acquisition, or sale of assets.

(e) No Third-Party Beneficiaries. These Terms do not create third-party beneficiary rights, except that CoachMate Parties are intended third-party beneficiaries of the indemnification and limitation of liability provisions.

(f) Notices. Notices to CoachMate must be sent to support@coachmatesports.com. Notices to Customer will be sent to the email on file.

20. Contact

For questions about these Terms: support@coachmatesports.com