Terms of Service

1. Agreement Structure; Acceptance; Order of Precedence

1.1 Who accepts. For an Organization Account, the school, school district, club, league, team, or other entity identified in an Order Form or authorized account record is the “Customer,” and the adult accepting these Terms represents that the adult has authority to bind Customer. For a Parent Account or other direct adult account, the adult account holder is the contracting user. For a limited Coach-only product evaluation under Section 3.6 before a school, district, team, or other Organization becomes a Customer, the adult Coach accepting these Terms does so solely in the Coach’s individual capacity (an “Evaluation Coach”) and is the contracting user for that evaluation. The Evaluation Coach does not represent or bind the school, district, team, or other Organization, and no such entity becomes a Customer merely because the Evaluation Coach uses its name, branding, or an evaluation workspace. An Evaluation Coach is an authorized User only for the limited evaluation scope in Section 3.6. Except for an Evaluation Coach acting under Section 3.6, Coaches, Student-Athletes, and other invited users may use the Services only within the permissions established by the applicable Customer or Parent.

1.2 Acceptance method. An adult accepts these Terms by signing an Order Form, checking the required acceptance box and selecting the corresponding acceptance button, or otherwise electronically signing a record that expressly incorporates these Terms. An Evaluation Coach’s acceptance binds only that Coach in the Coach’s individual capacity and does not bind any school, district, team, or other Organization. Lyvboard may require separate institutional acceptance before converting or activating an evaluation workspace as an Organization Account. Merely viewing a link, receiving an invitation, using a team code, or possessing a school email address does not by itself establish authority to bind an Organization or consent for a child.

1.3 Incorporated documents. These Terms incorporate the Privacy Policy, each applicable Order Form, Student Data Protection Addendum (“DPA”), Parent or Guardian Consent, Media Authorization, product-specific terms, and any state or district supplement that expressly references these Terms. Policies governing acceptable use or safeguarding may also apply if identified in the applicable Order Form or Organization configuration.

1.4 Order of precedence. If documents conflict, the following order controls only to the extent of the conflict: (a) a signed Order Form as to commercial terms expressly stated to override these Terms; (b) the DPA and any executed state or district supplement as to Student Data; (c) a separate written agreement signed by Lyvboard and Customer; (d) these Terms; and (e) the Privacy Policy. A Parent Media Authorization controls whether the child's media may be made public, but it does not expand a school's authority, waive a district policy, or override the DPA.

1.5 Changes. Lyvboard may update these Terms prospectively. Material changes will be presented through a legally sufficient notice and, when required, renewed affirmative acceptance. Changes to the DPA, Student Data uses, child-disclosure practices, renewal terms, or other provisions requiring specific consent will not be implemented solely through passive website posting.

2. Defined Terms

3. Eligibility, Authority, and Role-Based Access

3.1 Adults and entities. An individual who creates an adult account, purchases a plan, accepts these Terms, or administers an Organization Account must be at least 18 years old and legally capable of entering this agreement. Customer represents that it is duly authorized to procure and use the Services and to instruct Lyvboard regarding Customer Data.

3.2 Institutional authority. Customer is responsible for identifying its authorized Administrators, assigning the least privileges reasonably necessary, validating Coach and staff affiliations, removing access promptly when roles end, and ensuring that its use complies with applicable law, collective-bargaining obligations, school policy, athletics-association rules, and safeguarding requirements.

3.3 Role limitations. Administrators may manage Organization settings and access; Coaches may access only teams, athletes, and functions assigned to them; Parents may access only linked children and parent-authorized functions; and Student-Athletes may access only age-appropriate functions made available by the applicable Organization and Parent. Lyvboard may technically restrict, log, or suspend role changes and elevated permissions.

3.4 No authority by appearance. A team code, invitation link, roster match, title, Organization-branded page, or team-level approval may establish routing or a relationship within a team, but does not independently prove legal guardianship, employment, procurement authority, or authority to consent for a child. For school-directed accounts, Customer must confirm and maintain the applicable student, Parent, and staff relationships and resolve conflicting or disputed claims. Lyvboard may restrict or suspend access pending verification.

3.5 No eligibility or NIL determinations. Lyvboard provides administrative tools and does not determine athletic eligibility, amateur status, name-image-and-likeness compliance, playing time, team selection, health clearance, scholarship eligibility, recruiting compliance, or disciplinary outcomes. Public profiles, publicity uses, endorsement activity, and compensation opportunities may be subject to school, district, league, or athletics-association rules. Customer, Parent, and the applicable Student-Athlete are responsible for confirming the current rules governing the relevant activity; Lyvboard does not provide eligibility or NIL advice.

3.6 Coach-only evaluations before institutional authorization. An Evaluation Coach accepts and is bound by these Terms solely on the Coach’s own behalf. Provisions expressly imposing obligations on a Customer or Organization do not bind the school, district, team, or other Organization unless and until that entity separately accepts an Order or other agreement and becomes a Customer. Lyvboard may designate an account or Organization workspace as a limited Coach-only product evaluation before a school or district has formally approved Lyvboard. Such an evaluation is not a school- or district-approved pilot, does not establish Customer authority, and does not authorize Player or Parent access or Student Data processing. Until Lyvboard records the applicable school or district authorization, an Evaluation Coach may use only synthetic or genuinely de-identified demonstration data and non-student content that the Coach is independently authorized to provide. An Evaluation Coach may not upload or cause Lyvboard to process an identifiable roster, student name or contact information, student film or media, student performance or learning data, Student Data, Education Records, or other records about an identifiable student. School- or team-confidential playbooks, film, or other materials may be uploaded only if the Evaluation Coach has express authority to disclose them to Lyvboard and they contain no prohibited Student Data. Lyvboard may remove or quarantine prohibited data and suspend the evaluation pending institutional authorization.

4. Accounts, Invitations, Age Determination, and Consent Paths

4.1 Accurate information. Each adult User must provide accurate, current information and protect login credentials. Shared adult credentials are prohibited. Customer and Parent are responsible for promptly correcting relationship, age, roster, and permission information.

4.2 Age determination before child data. Player signup requests birth month and year before other Student-Athlete profile information, and the server-side signup function calculates and records the applicable age band. The entered birth month and year are not intended to remain in long-lived account metadata; Lyvboard retains the age-band/routing result and necessary security evidence. New Google/OAuth account creation is blocked for this pathway, and role, URL, browser-storage, API, or session changes must not bypass the server-side age and authorization controls. Before Lyvboard enables Player or Parent access for a school-associated Organization, the applicable school or district authorization must also be recorded and that Organization expressly activated for the relevant account type.

4.3 School-authorized Player and Parent activation; under-13 path. No existing Coach-only evaluation authorizes Player or Parent access. Before Lyvboard enables those account types for a school-associated Organization, an authorized school or district representative must approve the covered deployment through a written DPA/NDPA, pilot agreement, Order, or equivalent authorization identifying the approving entity and representative, covered team or roster, permitted use, and effective period. An under-13 Student-Athlete may then use only the school-directed functions within that authorization. A Coach’s title, team code, invitation, roster match, or evaluation status alone is insufficient and may not bypass the activation restriction.

4.4 Direct Parent path. Direct under-13 accounts are not enabled for the launch model. Lyvboard must block an under-13 User from creating or converting to a direct consumer account outside an authorized school environment. If Lyvboard later enables such a pathway, it must first update the Privacy Policy and consent package, implement an approved verifiable-parental-consent method and a stronger step-up method for any public or non-integral disclosure, verify the Parent relationship, and obtain counsel approval of the live flow.

4.5 Users ages 13–17. A Student-Athlete under 18 may use only features authorized by the applicable Organization and Parent. The Parent remains the contracting adult for direct consumer features, public media permissions, purchases, and any other legally material consent. Lyvboard may require renewed Parent verification when the child's age, role, team, or feature access changes.

4.6 Consent records. Lyvboard may retain records of the notices shown, consent method, consenting adult, authority basis, child and team linkage, terms and policy versions, timestamps, device and transaction identifiers, feature permissions, and later withdrawals to demonstrate authorization and administer the Services.

4.7 No child purchases. A minor may not purchase subscriptions, initiate coaching payments, enter paid service arrangements, or submit payment credentials. Adult confirmation is required before any charge or auto-renewing plan is activated.

5. Platform License and Organization Administration

5.1 Limited license. Subject to these Terms and payment of applicable fees, Lyvboard grants Customer and authorized Users a limited, non-exclusive, non-transferable, non-sublicensable, revocable right during the applicable term to access and use the Services for lawful internal athletics administration and permitted personal participation. No source code, ownership interest, or implied license is transferred.

5.2 Customer administration. Customer controls its team structure, roles, roster visibility, communications groups, content proposals, recruiting options, and data instructions to the extent enabled. Customer must configure the Services consistently with the DPA, Parent permissions, age-based defaults, and its own policies. No Student-Athlete or Coach selection may itself publish a minor’s recruiting profile or media; public availability requires the recorded Parent authorization and Organization approval described in Section 9.

5.3 Invited Users. Customer is responsible for its invited adult Users and for providing role-appropriate training and oversight. Customer may not grant a Coach or volunteer broader access than needed or continue access after the relationship ends.

5.4 Technical limits. Lyvboard may impose reasonable technical, storage, bandwidth, content, message, or API limits stated in an Order Form or plan description. Lyvboard will not materially reduce paid core functionality during a committed term without a contractual right, Customer agreement, or reasonable substitute, except as needed for safety, security, legal compliance, or third-party platform changes.

6. Permitted Use, Conduct, and Safeguarding

6.1 Lawful and authorized use. Users may access only accounts, teams, children, data, and communications they are authorized to access. Users must comply with applicable law, Organization policy, league rules, copyright and publicity rights, and reasonable safety instructions.

6.2 Prohibited conduct. A User may not: impersonate another person; defeat permissions or age controls; scrape or sell data; use Student Data for advertising, commercial profiling, recruiting solicitation outside the authorized workflow, or general-purpose artificial-intelligence training; upload malware; probe security without authorization; harass, groom, exploit, threaten, discriminate against, or sexualize a minor; post illegal, defamatory, obscene, or infringing content; disclose another person's sensitive data without authority; or use the Services to evade mandatory reporting or emergency procedures.

6.3 Adult-minor communications - Organization Accounts. Organizations must establish and enforce appropriate adult-minor communication rules, supervision, retention, escalation, and reporting for Organization-controlled channels. Where enabled, Lyvboard may provide group messaging, Parent visibility, administrative access, reporting, or audit tools, but those tools do not replace Customer's safeguarding duties.

6.3A Adult-minor messaging restrictions. One-to-one adult-minor messaging is not offered in the initial launch configuration. Coach-created groups must include at least two Players. Organization message records are stored and may be reviewed by authorized School Administrators; Parents receive only content expressly designated as Parent-visible and do not automatically participate in every team group. Users may not solicit a minor’s personal contact information or use the Services to move communications with a minor to an unmonitored channel. Lyvboard does not represent that it automatically detects off-platform solicitation; reported content may be reviewed and handled under the safeguarding process.

6.4 Playbooks and competitive information. Customer is responsible for limiting access to confidential playbooks, strategy, video, health, and performance information. Users may not share another team's confidential materials or use Lyvboard to facilitate unauthorized scouting or competitive misconduct.

6.5 Reporting. Users should report suspected abuse, exploitation, unauthorized access, or illegal content to safety@lyvboard.com and to the Organization’s designated official. Gavin Nomberg is Lyvboard’s current internal owner for child-safety escalation and preservation. The safety channel must complete operational monitoring, routing, backup-responder, and escalation testing before Player or Parent access. Lyvboard may preserve and disclose information where reasonably necessary to protect a child, comply with law, or cooperate with authorized investigations. Where Lyvboard obtains the knowledge that triggers a mandatory report under 18 U.S.C. § 2258A or another applicable law, Lyvboard will follow its applicable reporting and preservation obligations. Nothing in these Terms limits a mandatory reporting or preservation duty.

7. Communications, Messaging, and Notifications

7.1 Service communications. Lyvboard may send account, authentication, security, consent, roster, schedule, team, billing, and other transactional communications reasonably necessary to provide the Services. Marketing communications require the consent and opt-out mechanisms required by law.

7.2 User communications. Customer and Users are responsible for the content, recipients, timing, and legal basis of communications they initiate. They must not use the Services for spam, unauthorized recruiting, harassment, or disclosure of sensitive information to unintended recipients.

7.3 No emergency or real-time response channel. The Services and any support or safety-reporting channel are not a substitute for 911, emergency services, a mandated-reporting procedure, or an Organization's official crisis, abuse, or medical-response process. Reports submitted to Lyvboard may not be reviewed in real time. Users must use emergency services and the Organization's official safeguarding channels when immediate action is required.

7.4 Records and monitoring. To provide security, moderation, support, and Organization administration, Lyvboard and authorized Administrators may process and retain message content and metadata as described in the Privacy Policy and DPA. Users should not expect personal privacy in Organization-controlled channels beyond applicable law and policy.

8. Student Data, FERPA, COPPA, and Privacy Allocation

8.1 DPA controls. Lyvboard will process Student Data for an Organization only under the applicable DPA, documented instructions, and law. As between Lyvboard and Customer, Customer retains control of Student Data and Lyvboard acts as a service provider, contractor, school official, or similar restricted processor only to the extent specified in the DPA.

8.2 Customer responsibilities. Customer is responsible for determining whether data submitted to the Services are education records, obtaining required procurement approvals and notices, designating Lyvboard as a school official where appropriate, establishing direct control, and issuing lawful instructions regarding access, correction, export, retention, deletion, and disclosure.

8.3 Lyvboard restrictions. Lyvboard will not sell Student Data; use it for targeted or behavioral advertising; build a commercial profile unrelated to the Services; disclose it except as authorized; or retain it longer than permitted by the DPA, documented instructions, or law. Product improvement using Student Data is permitted only to the extent stated in the DPA and must not create an independent commercial use or identifiable training corpus.

8.4 Direct Account Data. The Privacy Policy governs Direct Account Data. Parent Accounts currently link to Organization roster records and receive only Parent-visible information for the linked child. That linkage, team approval, or a Parent’s direct acceptance does not convert Student Data into Direct Account Data, establish legal guardianship, transfer ownership of Organization-controlled Student Data, or authorize disclosure contrary to an Organization’s instructions. Where the same information may fall in both categories, Lyvboard will apply the more protective applicable restriction and resolve conflicting instructions before acting.

8.4A Conversion between data categories. Student Data does not become Direct Account Data merely because an Order or DPA ends, a Student-Athlete graduates, transfers, leaves a team, or reaches age 18. A conversion may occur only after the Parent or a Student-Athlete who is at least 18 affirmatively initiates a new direct relationship and Lyvboard records the applicable notice, adult acceptance or consent, identity and relationship basis, and legal basis for the requested feature. Converted data do not inherit prior school permissions, media authorizations, public settings, or commercial-use consents. Until a lawful conversion is completed, the DPA and the Organization's instructions continue to govern the affected Student Data.

8.5 Parent rights. Subject to identity and authority verification and the applicable Organization process, Parents may request access, correction, deletion, or withdrawal of direct consent as described in the Privacy Policy and consent package. A withdrawal may disable affected features and does not require deletion of records lawfully retained for security, legal compliance, or proof of consent.

8.6 No re-identification. Users may not attempt to re-identify de-identified or aggregated data or combine it with other information to identify a student.

9. User Content, Athletic Media, and Recruiting Profiles

9.1 Ownership. As between the parties, Customer or the applicable content owner retains ownership of User Content. Customer and each adult submitting content represent that they have the rights and authority necessary to submit, use, and instruct Lyvboard to process it.

9.2 Service license. Customer and the submitting adult grant Lyvboard a non-exclusive, worldwide, royalty-free license during the applicable retention period to host, reproduce, adapt for technical formatting, transmit, display, and otherwise process User Content solely to provide, secure, support, and administer the Services and comply with law. This license does not permit sale of Student Data, targeted advertising, unrelated commercial exploitation, or use of a Student-Athlete's name, portrait, picture, voice, or likeness for Lyvboard advertising or purposes of trade. Any such use requires the separate written consent described in Section 9.4.

9.3 Private by default for minors. Minor profiles, rosters, photos, videos, performance information, schedules, locations, and recruiting materials must be private by default and accessible only to authorized Users. A Student-Athlete or authorized Coach may propose or upload profile content, but neither action may make it public. Publication requires the required Parent authorization and Organization approval to be recorded for the selected content, audience, purpose, identifying fields, and duration.

9.4 Public media and commercial publicity authorization. A Parent Media Authorization permits only the media, audience, purpose, duration, and identifying information selected in that authorization. Use of a Student-Athlete's name, portrait, picture, voice, or likeness for Lyvboard advertising, sales, case-study, investor, fundraising, or other trade purposes requires a separate written Commercial Publicity Consent in the consent package and is not granted by acceptance of these Terms, an Organization authorization, a directory-information designation, or a platform visibility setting. Lyvboard will obtain any additional consent of the minor required by applicable law before the use. No authorization permits an implied endorsement, third-party sale or licensing, biometric identification, facial recognition, or synthetic or AI-generated media without a new, specific written authorization.

9.5 Recruiting profiles. A recruiting profile for a minor may be made public only after the applicable Parent and Organization complete the configured authorization flow. A Student-Athlete or Coach may select proposed content but may not independently activate public access. The authorizing adults are responsible for verifying the profile, limiting contact and location information, complying with current school, athletics-association, recruiting, publicity, and NIL rules, and removing outdated material. Lyvboard does not guarantee visibility, recruitment, scholarship, eligibility, accuracy, or compliance by viewers and does not advise on a Student-Athlete’s eligibility or NIL status.

9.6 Removal and moderation. Lyvboard may remove, restrict, preserve, or report User Content that violates these Terms, creates a safety or legal risk, or is subject to a credible rights complaint. Removal from active display may not immediately remove content from backups, audit logs, legal holds, or third-party recipients previously authorized by the User.

9.7 Copyright notices and DMCA status. Lyvboard has not yet registered a designated DMCA agent with the U.S. Copyright Office and does not represent that it has done so. Before Lyvboard relies on the 17 U.S.C. § 512(c) safe harbor for qualifying user-hosted content, it must register and maintain a designated agent and publish matching notice, counter-notice, repeat-infringer, restoration, and evidence-preservation procedures. Until that process is completed, copyright complaints may be sent to legal@lyvboard.com for review, but that address is not represented as the registered statutory agent.

9.8 Counter-notices and repeat infringers. Before public launch of the applicable user-content functionality, Lyvboard will adopt and publish a legally compliant process for copyright notices, counter-notices, restoration, repeat infringers, and standard technical measures. The process must be tested and the published designated-agent information must match the U.S. Copyright Office record before Lyvboard represents that the statutory safe-harbor procedures are operational.

10. Lyvboard Materials, Feedback, and Product Data

10.1 Lyvboard Materials. Lyvboard and its licensors own the Services, software, interfaces, documentation, trademarks, designs, workflows, and other materials supplied by Lyvboard (“Lyvboard Materials”). Except for the limited license in Section 5, all rights are reserved.

10.2 Restrictions. Users may not copy, modify, reverse engineer, decompile, frame, resell, sublicense, create a substitute service from, or access the Services to develop a competing product, except to the limited extent a restriction is prohibited by law.

10.3 Feedback. An adult User may provide suggestions. Lyvboard may use feedback without restriction or compensation, provided it does not disclose Customer Confidential Information or identify a student. A minor is not asked to assign rights in feedback.

10.4 De-identified and operational data. Lyvboard may use service telemetry, security data, and data that have been de-identified or aggregated in accordance with the DPA and applicable law to operate, secure, analyze, and improve the Services. Lyvboard will not attempt to re-identify such data or use Student Data to train a general-purpose model unless separately authorized and lawful.

11. Third-Party Services and Integrations

11.1 Authorized providers. Lyvboard may use hosting, storage, authentication, communications, support, security, analytics, e-signature, payment, and other subprocessors identified in the Privacy Policy or DPA. Lyvboard remains responsible for its subprocessors to the extent required by the applicable agreement and law.

11.2 Customer-enabled integrations. If Customer or a User enables an integration, Customer authorizes the data exchange necessary for that integration. Third-party services may have separate terms and privacy practices. Lyvboard is not responsible for a third party outside Lyvboard's control, but Lyvboard will not use this provision to avoid obligations for a subprocessor engaged by Lyvboard.

11.3 External links and public destinations. Content sent to a public recruiting page, social network, email recipient, or other external destination may be copied or redistributed outside Lyvboard. The enabling adult must consider that risk before authorizing publication.

12. Subscription Fees, Renewal, Payment Processing, and Taxes

Activation condition As of August 17, 2026, Lyvboard is in its current free Coach-only evaluation period. Those evaluations are accepted by individual Evaluation Coaches on their own behalf and are not school- or district-approved pilots or deployments. Stripe and automated checkout remain disabled. The contemplated initial paid use is an institutional school/district subscription purchased by an authorized representative. No Parent, Coach, Student-Athlete, coaching-service, marketplace, or transaction-payment flow is included at initial launch. Any payment activation requires separate review of the live plan, checkout, cancellation, refund, processor, PCI, and applicable renewal requirements.

12.1 Plans and Orders. Fees, billing cycle, user or roster limits, included features, term, renewal, taxes, and cancellation rights will be stated in the applicable Order Form or checkout record. Except as expressly stated, fees are in U.S. dollars and are non-refundable after the applicable service period begins, subject to mandatory law and Lyvboard's documented refund policy.

12.2 Adult payment authorization. Only an adult or authorized Customer representative may provide a payment method and authorize charges. The payer represents that the payer may use the method and authorizes Lyvboard and its processor to charge stated fees, taxes, adjustments, and authorized renewal charges.

12.3 Automatic renewal and continuous service. Before an automatically renewing or continuing purchase, Lyvboard will clearly disclose the renewal or continuing-service price or calculation method, billing frequency, term, cancellation deadline, cancellation method, and any free-trial or promotional conversion. Lyvboard will obtain affirmative consent and provide an acknowledgment that can be retained. Lyvboard will provide a cancellation mechanism at least as easy to use as enrollment and available through, at a minimum, each method by which the purchase may be initiated, to the extent required by applicable law. Required reminder or renewal notices will be sent before the applicable renewal or trial conversion. These commitments apply to monthly and longer continuing plans and to a small-business purchaser to the extent applicable law treats that purchaser as a consumer.

12.4 Cancellation and effect. Cancellation stops future renewal charges but does not retroactively cancel the current paid period unless the applicable Order Form, refund policy, or law provides otherwise. Customer remains responsible for exporting data and coordinating deletion before access ends.

12.5 Processor and card data. Lyvboard does not currently have an active payment processor or functional checkout and does not process or store payment-card information. If payment functionality is later enabled, payments are intended to be processed through Stripe or another identified processor using hosted or tokenized components, and Lyvboard will not intentionally receive or store full payment-card numbers or card security codes. The payer’s payment data will also be subject to the processor’s terms and privacy notice.

12.6 PCI responsibilities. Lyvboard will maintain the payment integration, policies, access controls, vendor oversight, and applicable merchant validation reasonably required for its payment flow. Use of a PCI-compliant processor does not by itself make Lyvboard compliant or shift all security responsibility to the processor.

12.7 Failed payments. Lyvboard may retry an authorized payment, request an updated method, suspend paid features after reasonable notice, or collect undisputed amounts. Lyvboard will not charge a minor or use Student Data for debt collection unrelated to the responsible adult or Customer.

12.8 Taxes. Fees exclude sales, use, excise, and similar transaction taxes, except taxes based on Lyvboard's net income. Customer is responsible for applicable taxes unless it provides a valid exemption certificate. Lyvboard may collect and remit taxes where required.

12.9 Price changes. A price increase will apply prospectively at the next renewal or as stated in an Order Form, after the notice required by contract and law. Lyvboard will not materially change the price or renewal term of a committed institutional Order during its stated term except as expressly permitted.

13. Future Coaching-Payment Features

13.1 Not enabled by these Terms alone. A feature that enables Users to pay coaches, trainers, camps, organizations, or other providers requires separate feature terms, disclosures, underwriting, processor arrangements, and operational review. Publication of this draft does not authorize or launch that feature.

13.2 No employment or agency conclusion. Unless a separate written agreement expressly states otherwise, Lyvboard does not employ, credential, supervise, or endorse a coach and is not the coach's agent. The parties must separately determine provider classification, tax reporting, licensing, safeguarding, insurance, refund, chargeback, and dispute responsibilities.

13.3 No custody or money-transmission representation. Lyvboard will not represent that it holds client funds, operates escrow, or provides regulated money-transmission services unless the live payment structure and applicable law support that statement. A third-party processor may hold and settle funds under its own terms.

13.4 Adult-only transaction. A Parent or other adult must authorize any paid coaching transaction for a minor. Public Student Data may not be used for unsolicited paid-service marketing or commercial profiling.

14. Service Changes, Support, and Beta Features

14.1 Changes. Lyvboard may improve, replace, or discontinue features. For a paid committed term, Lyvboard will provide reasonable advance notice of a material discontinuation of core functionality when practicable and will honor any express Order Form remedy.

14.2 Availability. Unless an Order Form includes a service-level commitment, the Services are provided without a guaranteed uptime or response time. Planned maintenance, emergencies, internet failures, third-party outages, force majeure, and safety or security actions may affect availability.

14.3 Support. Support requests may be submitted to support@lyvboard.com or through an in-product support channel made available by Lyvboard. No service level or response time applies unless stated in an Order Form. Support is not a substitute for emergency, medical, cybersecurity-incident, or child-safety response.

14.4 Beta features. A feature identified as beta, pilot, preview, or evaluation may be changed or discontinued and may not be suitable for production or regulated data unless expressly authorized. Student Data may not be used in a beta feature unless the DPA, security review, and Customer instructions permit it.

15. Suspension, Termination, Export, and Deletion

15.1 Term. These Terms begin upon valid adult acceptance and continue until the applicable account and all Orders terminate. A paid Order continues for its stated term unless terminated under that Order, these Terms, or law.

15.2 Suspension. Lyvboard may suspend access to address a security incident, child-safety concern, unlawful use, material breach, nonpayment, excessive technical risk, or legal requirement. When practicable, Lyvboard will limit the suspension to the affected User or function and notify the responsible adult or Customer.

15.3 Termination by Customer. Customer may terminate as stated in the applicable Order. A Parent may close a direct account and withdraw consent through the Privacy Policy process. Termination does not automatically cancel an Organization's lawful record-retention duties or another authorized account's access to its own data. An Evaluation Coach may stop using a free Coach-only evaluation at any time; Lyvboard may suspend or terminate that evaluation under Section 15.2.

15.4 Export. An authorized Organization may request an export before Organization deletion. Lyvboard may verify the requesting representative’s authority, require identification of the affected Organization, team, and data scope, and use a secure delivery method. Available formats, timing, and included transition assistance will be stated in the DPA or Order Form; extraordinary transformation or migration work may be separately scoped.

15.5 Deletion. Removing a User from an Organization or team must end that User’s access promptly, but does not by itself delete the underlying Organization record. Individual-account deletion and full Organization deletion are separate processes. A full Organization deletion requires authenticated authority, review and preview of the affected data, explicit confirmation, and any applicable export opportunity. Lyvboard will then delete or de-identify data according to the DPA, Privacy Policy, confirmed retention and backup schedule, legal holds, security needs, and applicable law, and will not retain identifiable Student Data for unrelated business purposes.

15.6 Survival. Payment obligations accrued before termination, ownership, confidentiality, authorized evidence and legal-hold retention, disclaimers, indemnification, liability limits, dispute provisions, and provisions that by their nature should survive will survive. Student Data restrictions survive for as long as Lyvboard retains Student Data.

16. Confidentiality and Security Responsibilities

16.1 Confidential information. Each party may receive nonpublic business, technical, security, financial, or personal information of the other. The receiving party will use it only for the agreement, protect it with reasonable care, and disclose it only to personnel and providers with a need to know and appropriate duties, subject to lawful process and the DPA.

16.2 Exclusions. Confidential Information excludes information the recipient can document was lawfully known without restriction, becomes public without breach, is received lawfully from a third party without duty, or is independently developed without use of the discloser's information. Student Data is not excluded merely because some related information is public.

16.3 Lyvboard security. Lyvboard will maintain the security program and incident-response commitments in the DPA and Privacy Policy. No security measure eliminates all risk, and Customer must evaluate whether the Services meet its requirements before submitting highly sensitive data.

16.4 Customer security. Customer must use supported browsers and devices, protect credentials, configure least privilege, review access logs when available, promptly remove former Users, train personnel, and notify Lyvboard promptly of suspected compromise. Customer may not direct Lyvboard to weaken legally required child or Student Data controls.

17. Disclaimers; Athletics and Emergency Limitations

17.1 Service disclaimer. EXCEPT FOR EXPRESS WARRANTIES IN A SIGNED ORDER OR DPA, THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” TO THE MAXIMUM EXTENT PERMITTED BY LAW, LYVBOARD DISCLAIMS IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, AND DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR SUITABLE FOR EVERY DISTRICT, SPORT, DEVICE, OR LEGAL REQUIREMENT.

17.2 No professional advice. The Services do not provide medical, athletic-training, legal, recruiting, educational, psychological, nutrition, emergency, or safety advice. Data, analytics, templates, and performance records require review by qualified personnel and should not be used as the sole basis for health, eligibility, discipline, or safety decisions.

17.3 Athletic risk. Participation in sports and exercise involves risks that exist independently of the Services. Lyvboard does not organize, supervise, inspect, or control physical activities, facilities, equipment, transportation, weather decisions, medical clearance, or emergency response. This acknowledgment is not a release of any claim by any person and is not intended or represented to operate as one. It does not replace Customer's participation, medical-authorization, emergency, concussion, or insurance documentation, which Customer must obtain and have reviewed under the law of the state where the activity occurs. The enforceability of a pre-injury release varies materially by state; Virginia does not enforce a pre-injury release of negligence claims for personal injury.

17.4 Public content and third parties. Lyvboard cannot guarantee that authorized public content will not be copied, indexed, downloaded, or misused by third parties. Lyvboard is not responsible for independent conduct of schools, coaches, recruiters, payment processors, or external sites, except to the extent Lyvboard has a nonwaivable legal obligation or contractual responsibility for an engaged subprocessor.

17.5 Mandatory rights. Nothing in these Terms disclaims a warranty, remedy, privacy right, consumer right, or duty that applicable law does not permit the parties to waive.

18. Indemnification

18.1 Customer indemnity. To the extent permitted by law, Customer will defend and indemnify Lyvboard and its directors, officers, and employees from third-party claims arising from Customer's or its adult Users' unlawful instructions, lack of authority to submit Customer Data, infringement by Customer-provided content, or material breach of Sections 3, 6, or 9. This obligation does not apply to the extent a claim results from Lyvboard's breach, negligence, willful misconduct, or violation of law.

18.2 No minor indemnity. A Student-Athlete or other minor has no defense, indemnification, reimbursement, or attorneys' fee obligation under these Terms. A Parent does not indemnify Lyvboard merely because the Parent consented to a child's account or media setting.

18.3 Lyvboard intellectual-property indemnity. For a paid Organization Order, Lyvboard will defend Customer from a third-party claim that Customer's authorized use of Lyvboard's unmodified Services infringes a United States patent, copyright, or trademark, and will pay finally awarded damages or approved settlements. Lyvboard may procure continued use, modify or replace the affected portion, or terminate it and refund prepaid fees for the unused portion. This obligation does not cover Customer Data, unauthorized combinations, Customer modifications, continued use after notice, or use outside the agreement.

18.4 Procedure. The indemnified party must promptly notify the indemnifying party, permit control of the defense and settlement, and provide reasonable cooperation. A settlement may not admit fault by, impose nonmonetary obligations on, or restrict the rights of the indemnified party without consent. Delay excuses obligations only to the extent of material prejudice.

18.5 Public entities. A public school or district does not waive sovereign immunity, appropriations limits, statutory defenses, or restrictions on indemnification by accepting these Terms. The parties will use the applicable state or district supplement to address mandatory public-entity constraints.

19. Limitation of Liability

19.1 Excluded damages. TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER PARTY WILL BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES, OR FOR LOST PROFITS, REVENUE, GOODWILL, OR BUSINESS INTERRUPTION, ARISING FROM THE AGREEMENT, EVEN IF ADVISED OF THE POSSIBILITY. THIS EXCLUSION DOES NOT LIMIT REMEDIES THAT CANNOT LAWFULLY BE EXCLUDED.

19.2 General cap. EXCEPT FOR THE EXCLUDED MATTERS IN SECTION 19.3, EACH PARTY'S AGGREGATE LIABILITY ARISING FROM OR RELATING TO THESE TERMS, AN ORDER, OR A COACH-ONLY EVALUATION WILL NOT EXCEED (A) FOR A PAID ORDER, THE AMOUNTS PAID OR PAYABLE UNDER THE AFFECTED ORDER DURING THE TWELVE MONTHS BEFORE THE EVENT GIVING RISE TO LIABILITY, (B) FOR A FREE COACH-ONLY EVALUATION UNDER SECTION 3.6, US$1,000, OR (C) FOR A FREE DIRECT ACCOUNT, US$1,000.

19.3 Excluded matters. The cap in Section 19.2 does not apply to: payment obligations; a party's fraud, willful misconduct, or gross negligence to the extent not waivable; Customer's intentional unlawful disclosure or sale of Student Data; Lyvboard's obligations under Section 18.3; or liability that law does not permit to be capped. Liability for confidentiality, security incidents, and privacy violations may be subject to a separate cap in an Order Form or DPA; absent one, the general cap applies to the maximum lawful extent.

19.4 Allocation. The parties agree that these limitations allocate risk and are reflected in pricing or, for free access, in Lyvboard’s decision to provide access without charge. Each limitation applies independently and to all theories of liability. A limitation will be reformed only to the minimum extent necessary if unenforceable.

19.5 No minor waiver. Nothing in this Section requires a minor to waive a nonwaivable claim. Claims by or concerning a minor remain subject to applicable law, including rules governing parental authority and court approval.

20. Governing Law, Disputes, Notices, and General Terms

20.1 Governing law. Virginia law governs these Terms without regard to conflict-of-laws rules, except that a signed state or district supplement may apply mandatory law to a public Customer and federal law governs federal questions. The Uniform Computer Information Transactions Act, if otherwise applicable, is excluded to the extent the parties may exclude it.

20.2 Forum. Subject to mandatory public-entity law, the state courts in Henrico County, Virginia and the United States District Court for the Eastern District of Virginia, Richmond Division, have exclusive jurisdiction. Each adult contracting party consents to those courts. These Terms do not require a Parent or minor to arbitrate, waive a jury, or waive class procedures merely as a condition of school-authorized access.

20.3 Good-faith escalation. Before filing a nonemergency commercial claim, the adult contracting parties will provide written notice describing the dispute and allow thirty days for good-faith business escalation. This does not delay requests for emergency injunctive relief, child-safety action, breach response, legal deadlines, or nonwaivable consumer remedies.

20.4 Notices. Legal notices to Lyvboard must be sent to Lyvboard, Inc., 11357 Nuckols Road, Suite 103, Glen Allen, Virginia 23059, Attention: Legal, with a copy to legal@lyvboard.com. Lyvboard may send notices to the account, email, or address in its records. Routine support, privacy, security, and child-safety requests must use the channels stated in the Privacy Policy.

20.5 Electronic records. The parties consent to conduct covered transactions electronically and to receive these Terms, notices, Order Forms, consents, and records in electronic form, subject to applicable disclosure and withdrawal rights. Electronic acceptance is attributable to the accepting adult through the account, authentication, transaction, and audit records reasonably associated with the action. Lyvboard will provide a retainable copy of the accepted terms and material consents.

20.6 Assignment. Customer may not assign an Order without Lyvboard's prior written consent, not to be unreasonably withheld for a successor in a merger or sale of substantially all relevant assets that assumes the agreement and satisfies applicable student-data restrictions. Lyvboard may assign the agreement to a successor in a merger, reorganization, financing, or sale of substantially all relevant assets, subject to the DPA, notice requirements, and any Customer termination right required by law.

20.7 Subcontracting. Lyvboard may use subcontractors subject to the DPA and remains responsible for delegated contractual duties. Subcontracting does not create a direct contract between Customer and the subcontractor.

20.8 Force majeure. Neither party is liable for delay caused by events beyond reasonable control, except payment already due, confidentiality, security response, child-safety duties, or obligations that by their nature cannot be excused. The affected party will use reasonable efforts to mitigate and resume performance.

20.9 Independent parties. The parties are independent contractors. These Terms do not create an employment, agency, fiduciary, partnership, franchise, or joint-venture relationship. No User is a third-party beneficiary except indemnified persons expressly protected and data subjects to the extent a DPA or law grants enforceable rights.

20.10 Entire agreement; waiver; severability. The documents identified in Section 1 are the entire agreement on the Services and supersede prior proposals on that subject. An amendment or waiver must be in a legally sufficient record by an authorized adult. A waiver on one occasion is not a continuing waiver. An unenforceable provision will be reformed to the minimum extent necessary, and the remainder will continue.

20.11 Headings and interpretation. Headings are for convenience. “Including” means “including without limitation.” A requirement not to do an act includes not permitting or assisting it. No provision is construed against a party merely because that party drafted it.

20.12 Contact. Questions about these Terms may be sent to legal@lyvboard.com. Privacy and child-data requests must be sent through the process stated in the Privacy Policy so Lyvboard can verify identity, authority, and the applicable Organization relationship.