Terms of Use

1. Acceptance of Terms

Welcome to Prodemy ("Platform," "Service," "we," "us," or "our"), accessible at prodemy.app. By accessing or using our Platform, you ("User," "you," or "your") agree to be bound by these Terms of Use ("Terms"). If you do not agree to these Terms, you must not access or use the Platform.

These Terms constitute a legally binding agreement between you and Prodemy. By creating an account, accessing any content, or using any feature of the Platform, you acknowledge that you have read, understood, and agree to be bound by these Terms, along with our Privacy Policy, which is incorporated herein by reference.

If you are accessing or using the Platform on behalf of a minor child, you represent that you are the child's parent or legal guardian and that you accept these Terms on their behalf.

2. Description of Service

Prodemy is a multi-activity platform for skill-based coaching and training that connects students, parents, coaches, and club owners across activities including cricket, dance, yoga, painting, music, and more. The Platform provides tools and features including but not limited to:

• Personalized training plans and practice routine recommendations
• Video and photo upload, storage, and analysis of practice techniques
• AI-powered performance analysis, recommendations, and skill assessments
• Session scheduling and management between coaches and students
• Progress tracking, leaderboards, and performance statistics
• Communication tools between coaches, students, and parents
• Payment processing for coaching services and subscriptions
• Club management and administration tools

The Platform is currently operating a pilot program in the Washington, D.C. metropolitan area (DMV) and Florida, United States. Service availability may vary by location.

3. User Accounts and Registration

To access most features of the Platform, you must create an account. When registering, you agree to:

• Provide accurate, current, and complete information during registration
• Maintain and promptly update your account information to keep it accurate and complete
• Maintain the security and confidentiality of your login credentials
• Accept responsibility for all activities that occur under your account
• Notify us immediately of any unauthorized use of your account

You may register using an email address and password or through supported third-party authentication providers (such as Google OAuth). You may not create multiple accounts for the same individual, share your account credentials with others, or use another person's account without authorization.

We reserve the right to suspend or terminate any account that we reasonably believe violates these Terms or poses a risk to the Platform or its users.

4. User Roles

The Platform supports multiple user roles, each with specific rights and responsibilities:

4.1 Students

Students are individuals receiving coaching and training through the Platform. Students may be adults or minors. Minor students (under the age of 13) must have an account created and managed by a parent or legal guardian. Students between the ages of 13 and 17 may create their own accounts with verifiable parental consent.

4.2 Parents and Guardians

Parents and guardians may create and manage accounts on behalf of their minor children. Parents are responsible for monitoring their child's use of the Platform, consenting to the collection of their child's personal information, and managing content uploaded on behalf of their children.

4.3 Coaches

Coaches are individuals who provide coaching and instruction services through the Platform. Coaches must be at least 18 years of age. Coaches are responsible for the accuracy of their professional credentials, qualifications, and experience as presented on the Platform. The Platform does not independently verify coach credentials unless otherwise stated.

4.4 Club Owners

Club owners manage clubs or academies through the Platform. Club owners may add coaches and students to their organizations, manage schedules and facilities, and oversee billing for their clubs. Club owners are responsible for ensuring that all coaches and staff associated with their club comply with applicable laws, including background check requirements and child safety regulations.

5. Acceptable Use Policy

You agree not to use the Platform to:

• Violate any applicable federal, state, local, or international law or regulation
• Harass, abuse, threaten, intimidate, or bully any other user, including minors
• Upload, share, or distribute content that is obscene, defamatory, hateful, discriminatory, or otherwise objectionable
• Impersonate any person or entity, or falsely state or misrepresent your affiliation with any person or entity
• Upload or transmit viruses, malware, or other harmful code
• Attempt to gain unauthorized access to any portion of the Platform, other accounts, or computer systems or networks connected to the Platform
• Use automated scripts, bots, or scrapers to access or collect data from the Platform without our express written consent
• Collect, store, or share personal information of other users, particularly minors, without proper authorization
• Use the Platform for any purpose that is not related to legitimate coaching, training, or education
• Interfere with or disrupt the integrity or performance of the Platform

We reserve the right to investigate and take appropriate action against anyone who, in our sole discretion, violates this Acceptable Use Policy, including removing content, suspending or terminating accounts, and reporting violations to law enforcement authorities.

6. Content and Intellectual Property

The Platform and its original content (excluding User-Generated Content), features, and functionality are owned by Prodemy and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

The Prodemy name, logo, and all related names, logos, product and service names, designs, and slogans are trademarks of Prodemy or its affiliates. You may not use such marks without our prior written permission.

Training plans, drill libraries, AI-generated analyses, educational content, and other proprietary materials provided through the Platform are the intellectual property of Prodemy and may not be reproduced, distributed, or used outside the Platform without our express written consent.

7. User-Generated Content

The Platform allows users to upload, post, and share content including but not limited to videos, photographs, comments, performance data, and profile information ("User-Generated Content" or "UGC").

By uploading or submitting UGC to the Platform, you grant My Prodemy a non-exclusive, worldwide, royalty-free, sublicensable, and transferable license to use, reproduce, modify, distribute, display, and perform your UGC solely in connection with operating and improving the Platform. This license continues until you remove your UGC or delete your account, after which we will make commercially reasonable efforts to remove it, except where retention is required by law or for legitimate business purposes.

You represent and warrant that:

• You own or have the necessary rights to upload the UGC and to grant the rights described above
• Your UGC does not infringe upon the intellectual property, privacy, or other rights of any third party
• Any UGC depicting minors has been uploaded with the express consent of the minor's parent or legal guardian
• Your UGC complies with our Acceptable Use Policy and all applicable laws

We reserve the right to remove or disable access to any UGC that we believe, in our sole discretion, violates these Terms, infringes any intellectual property rights, or is otherwise objectionable.

8. Privacy

Your use of the Platform is also governed by our Privacy Policy, which describes how we collect, use, store, and protect your personal information. By using the Platform, you consent to our collection and use of information as described in the Privacy Policy.

We take the privacy and safety of our users seriously, especially minor users. Please review our Privacy Policy carefully to understand our practices regarding your personal data, including our compliance with the Children's Online Privacy Protection Act (COPPA) and other applicable privacy laws.

9. Minor Users and COPPA Compliance

Prodemy is committed to protecting the privacy and safety of children who use our Platform. We comply with the Children's Online Privacy Protection Act (COPPA) and other applicable child protection laws.

9.1 Children Under 13

Children under the age of 13 may not create accounts directly. A parent or legal guardian must create and manage the account on behalf of the child. We require verifiable parental consent before collecting any personal information from children under 13. Parents may review, modify, or request deletion of their child's personal information at any time by contacting us.

9.2 Users Aged 13 to 17

Users between the ages of 13 and 17 may create accounts with verifiable parental consent. These users may have limited access to certain features as determined by their parent or guardian's preferences. Parents retain the right to manage, restrict, or delete their minor child's account.

9.3 Media Depicting Minors

Videos and photographs depicting minors may only be uploaded by the minor's parent, legal guardian, or an authorized coach with explicit parental consent. All media depicting minors is subject to enhanced privacy protections and restricted sharing. We reserve the right to remove any media depicting minors that does not comply with our policies.

10. Payment Terms

Certain features, services, or subscriptions on the Platform may require payment. All payment processing is handled by our third-party payment processor, Stripe, Inc. ("Stripe"). By making a payment through the Platform, you also agree to Stripe's Terms of Service.

You acknowledge and agree that:

• All prices are displayed in United States Dollars (USD) unless otherwise stated
• You are responsible for providing accurate and complete payment information
• Prodemy does not store your full credit card or banking information; all sensitive payment data is handled directly by Stripe
• Subscription fees are billed in advance on a recurring basis (monthly or annually, as applicable) and are non-refundable except as required by law or as expressly stated in our refund policy
• We reserve the right to change pricing at any time with reasonable notice to affected users
• Failure to make timely payment may result in suspension or termination of your access to paid features

Coaches and club owners who receive payments through the Platform are responsible for their own tax obligations and compliance with applicable financial regulations. Prodemy acts solely as a facilitator of payments and is not responsible for tax withholding or reporting on behalf of coaches or club owners.

11. Coach and Club Owner Responsibilities

Coaches and club owners using the Platform have additional responsibilities, including but not limited to:

• Providing accurate information about their qualifications, certifications, experience, and coaching capabilities
• Complying with all applicable laws and regulations regarding working with minors, including background check requirements where mandated
• Maintaining appropriate insurance coverage for their coaching activities
• Delivering coaching services in a professional, safe, and competent manner
• Respecting the privacy and safety of all students, particularly minor students
• Obtaining appropriate consents before recording, photographing, or sharing media of students
• Complying with all Platform policies and guidelines for coaches
• Reporting any concerns about student safety or wellbeing to the appropriate authorities and to Prodemy

Prodemy does not employ coaches or club owners. Coaches and club owners are independent service providers, and Prodemy is not responsible for the quality, safety, or legality of their services. The Platform serves as a technology intermediary connecting coaches with students and parents.

12. Termination and Account Deletion

You may terminate your account at any time by contacting us at support@prodemy.app or by using the account deletion feature within the Platform, if available.

We may suspend or terminate your account and access to the Platform, in whole or in part, at any time and for any reason, including but not limited to:

• Violation of these Terms or any Platform policies
• Conduct that poses a risk to the safety of other users
• Fraudulent, abusive, or illegal activity
• Extended periods of inactivity
• Failure to pay applicable fees
• At our sole discretion, with or without cause and with or without notice

Upon termination, your right to use the Platform will immediately cease. We will make commercially reasonable efforts to delete your personal data in accordance with our Privacy Policy, except where retention is required by law or for legitimate business purposes such as resolving disputes or enforcing our agreements.

13. Disclaimer of Warranties

THE PLATFORM IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR COURSE OF PERFORMANCE.

Prodemy does not warrant that: (a) the Platform will function uninterrupted, secure, or available at any particular time or location; (b) any errors or defects will be corrected; (c) the Platform is free of viruses or other harmful components; (d) the results of using the Platform, including AI-generated recommendations and analyses, will meet your requirements or be accurate, reliable, or complete; or (e) any coaching services provided by third-party coaches through the Platform will be safe, effective, or suitable for any particular purpose.

AI-powered features, including skill assessments, performance analyses, and training recommendations, are provided for informational and educational purposes only and should not be relied upon as a substitute for professional coaching judgment.

14. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL PRODEMY, ITS DIRECTORS, EMPLOYEES, PARTNERS, AGENTS, SUPPLIERS, OR AFFILIATES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM:

• YOUR ACCESS TO OR USE OF (OR INABILITY TO ACCESS OR USE) THE PLATFORM
• ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE PLATFORM, INCLUDING COACHES, CLUB OWNERS, AND OTHER USERS
• ANY CONTENT OBTAINED FROM THE PLATFORM, INCLUDING AI-GENERATED CONTENT
• UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT
• ANY PHYSICAL INJURY RESULTING FROM COACHING SESSIONS, TRAINING ACTIVITIES, OR DRILLS RECOMMENDED OR FACILITATED THROUGH THE PLATFORM

In no event shall the total liability of Prodemy to you for all claims arising from or relating to the use of the Platform exceed the amount you paid to us, if any, during the twelve (12) months preceding the date of the claim.

15. Indemnification

You agree to defend, indemnify, and hold harmless Prodemy, its officers, directors, employees, agents, licensors, suppliers, and affiliates from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to:

• Your violation of these Terms
• Your use of the Platform
• Your User-Generated Content, including any claims that your UGC infringes upon the rights of any third party
• Your violation of any applicable law, rule, or regulation
• Any coaching services you provide through the Platform (for coaches and club owners)

16. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the Commonwealth of Virginia, United States of America, without regard to its conflict of law provisions.

Any legal action or proceeding arising under these Terms shall be brought exclusively in the federal or state courts located in Fairfax County, Virginia, or, for users located in Florida, in the federal or state courts located in the State of Florida, and you hereby consent to the personal jurisdiction and venue of such courts.

17. Dispute Resolution

In the event of any dispute, claim, or controversy arising out of or relating to these Terms or your use of the Platform, you agree to first attempt to resolve the dispute informally by contacting us at support@prodemy.app. We will attempt to resolve the dispute through good-faith negotiation within thirty (30) days of receiving your notice.

If the dispute cannot be resolved informally, either party may initiate binding arbitration administered by the American Arbitration Association ("AAA") in accordance with its Commercial Arbitration Rules. The arbitration shall take place in Fairfax County, Virginia, unless the parties mutually agree to a different location. The arbitrator's decision shall be final and binding and may be entered as a judgment in any court of competent jurisdiction.

You agree that any dispute resolution proceedings will be conducted on an individual basis and not as a class action, consolidated action, or representative action. You waive your right to participate in a class action lawsuit or class-wide arbitration against Prodemy.

18. Changes to Terms

We reserve the right to modify or replace these Terms at any time at our sole discretion. If a revision is material, we will provide at least thirty (30) days' notice prior to the new terms taking effect. Notice may be provided by posting the updated Terms on the Platform, sending an email to the address associated with your account, or through an in-app notification.

What constitutes a material change will be determined at our sole discretion. By continuing to access or use the Platform after any revisions become effective, you agree to be bound by the revised Terms. If you do not agree to the new Terms, you must stop using the Platform and may request account deletion.

19. Contact Information

If you have any questions about these Terms of Use, please contact us: