Terms and Services

iSportz Subscription Agreement

Effective Date April 14, 2022; Updated February 1, 2024

Welcome to the Subscription Agreement (the “Subscription Agreement”) for iSportz’s websites, software, mobile applications, contents, hardware, or other online products and services (including all Content therein, the “iSportz Services”). The iSportz Services are made available to you by iSportz, Inc. and its affiliated companies (including successors & assigns, “iSportz,” “we,” “us” or “our”).

This Subscription Agreement sets out the agreement between your sports governing body, federation, league, team, club, or similar entity or organization, that accesses or uses the iSportz Services (the “Organization”) regarding how your Organization and members can use the iSportz Services, and what responsibilities your Organization and iSportz have to each other.

This Subscription Agreement contains important information regarding your Organization’s legal rights including MANDATORY ARBITRATION, NO CLASS RELIEF, AND A WAIVER OF YOUR ORGANIZATION’S RIGHT TO A JURY TRIAL. Please read this Subscription Agreement and any other agreements or terms referenced below carefully. BY USING THE iSportz SERVICES, ON BEHALF OF YOUR ORGANIZATION, YOU ACCEPT AND AGREE THAT YOUR ORGANIZATION WILL BE BOUND AND ABIDE BY THIS AGREEMENT AND OUR PRIVACY POLICY, which describes our privacy practices as they relate to iSportz Data and is incorporated herein by reference.

We trust your Organization and your Members will enjoy what iSportz has to offer.

1. INTRODUCTION

iSportz provides a number of online and mobile software products and services centralizing all the tools and information that Administrators may need to manage an Organization. We provide websites, video and streaming, communication membership & financial management, event, and league/tournament management tools and much more. In addition, for some of our products, we allow Organization’s Members to access the software and services via desktop and mobile apps so they can acquire the benefits of being a member of the Organization, including their schedules, results, attendance, performance tracking functionality and lots more.

This Subscription Agreement applies to all Organizations regardless of the iSportz Services being used. As of the date stated above, iSportz operates the following brands/businesses:iSportz 360, iSportz Sports Management, iSportz Sports Engagement and iSportz Sports Entertainment.

2. GENERAL

2.1 Acceptance of the Subscription Agreement. You and your Organization may access the iSportz Services in accordance with this Subscription Agreement. You represent that you have read, understood, and that your Organization agrees to be bound by this Subscription Agreement in connection with your Organization’s access to and/or use of the iSportz Services. By using the iSportz Services, your Organization will be deemed to have agreed to this Subscription Agreement. The terms “Administrator” (as defined below), “you” and “your,” as used throughout the Agreements, apply to both you and the Organization together. You represent that you have the authority to bind your Organization and by accessing or using the iSportz Services, you acknowledge that the Organization accepts and agrees to be bound by the Agreements. If you do not agree with (or cannot comply with) the Agreements, then you should not proceed, and the Organization may not use or access the iSportz Services.

2.2 Definitions. The following definitions apply throughout the Agreements:

Organization: the sports governing body, federation, league, team, club, or similar entity or organization, that accesses or uses the iSportz Services.

Administrator(s): the person(s) nominated by the Organization that is responsible for or has control over the use and administration of the Organization’s use of the iSportz Services and includes anyone who is given administrative access to the iSportz Services.

Member(s): members of the Organization including athletes, parents/legal guardians of athletes, the Organization’s workforce (which includes volunteers, coaches, managers, and Administrators) or other associated persons of the Organization that benefit as end-users of the iSportz Services.

Organization Data: means any Personal Data that relates to the Organization’s Members that iSportz processes in relation to iSportz’s provision of the iSportz Services and that is not iSportz Data. For avoidance of doubt, Organization Data does not include iSportz Data even if the same data was also collected as Organization Data and any such duplicate data relating to the Organization’s Members that iSportz processes in relation to iSportz’s provision of the iSportz Services remains Organization Data.

iSportz Data: means information you provide to us directly and independently when using the iSportz Services, including but not limited to contact and account registration information, demographics information, interests and preferences, transactional and membership information, user-generated content, audio and video, research and feedback data, and information we collect for business-to-business relationships, including but not limited to business contact information, transactional information, demographics, and due diligence information. iSportz Data also includes information we collect automatically from you and / or your device, such as device information and identifiers, connection and usage, data, and geolocation.

2.3 Eligibility. By accessing or using the iSportz Services, you represent and warrant that (i) you are not located in a country that is subject to a U.S. government embargo (e.g., Crimea, Cuba, Iran, North Korea or Syria); and (ii) your access to and use of the iSportz Services will comply with the United States export control and economic sanctions requirements.

2.4 Additional Agreements. In addition to the terms of this Subscription Agreement, some areas of and the iSportz Services may be subject to additional terms and conditions. Any such additional terms and conditions are in addition to this Subscription Agreement and, to the extent there is a conflict between the Agreements (as defined below) and this Subscription Agreement, this Subscription Agreement will prevail with respect to such conflict; provided that in the event of any conflict between this Subscription Agreement and the Data Processing Agreement, the Data Processing Agreement will prevail. If your Organization does not agree to the applicable Agreement, you may not use the iSportz Services to which they apply. The following terms and conditions (where applicable) are incorporated by reference into this Subscription Agreement and shall govern your access and use of the iSportz Services (collectively, the “Agreements”):

Terms of Use: These terms govern the Organizations’ Administrators’, Members’ and other end users’ access and use of the iSportz Services.

Background Screening Terms: Where your Organization uses background screening and other similar services, iSportz affiliate National Center for Safety Initiatives, LLC (“NCSI”) provides these services separately and independently.

Payment Processing Agreement: This Agreement applies where an Organization utilizes iSportz’s payment processing services.

Data Processing Agreement (the “DPA”): This agreement applies where iSportz processes personal information on behalf of the Organization as a data processor or service provider, as defined in the DPA.

iSportz Privacy Policy: The iSportz Privacy Policy applies to iSportz’s collection and processing of iSportz Data.

2.5 Modifications. YOUR ACCESS TO OR USE OF THE ISPORTZ SERVICES IS GOVERNED BY THE THEN-CURRENT SUBSCRIPTION AGREEMENT. We may modify this Subscription Agreement and any terms of the Agreements from time to time in our sole discretion and such modification shall be effective once posted to this site. Your continued use and access to the iSportz Services after we post changes to this Subscription Agreement or the Agreements will be deemed acceptance of the changes. You agree to be notified of changes to this Agreement via posting of updates on our websites or mobile applications. We encourage you to check back here for any such changes from time to time. If you do not agree with (or cannot comply with) the updated terms of the Agreements, then you should not continue to use or access the iSportz Services, but we shall not be liable to provide a refund and/or compensate for any other losses you may incur as a result.

3. SERVICES

3.1 Availability of iSportz Services. Subject to compliance with the terms of the Agreements, we grant your Organization and its Members a limited, revocable, non-sublicensable, non-transferable license to access and use the iSportz Services for your Organization’s internal use, and only in accordance with this Subscription Agreement and the Agreements. Except as we specifically agree in writing, no element of the Content may be used or exploited in any way other than as part of the authorized iSportz Services made available to your Organization. We may change, suspend or discontinue any or all of the iSportz Services at any time for any reason without notice or liability to your Organization. We make no representations or warranties about the quality, accuracy, or availability of the iSportz Services, including, but not limited to blackouts, location or device-based limitations or compatibility, or Content-viewing windows.

3.2 Devices and Charges. Your Organization is solely responsible for obtaining all devices, hardware and software, internet connectivity, mobile service, and other services needed for your use of the iSportz Services, and you will be solely responsible for all charges related to them. Your carrier or internet service provider may charge fees for or restrict certain wireless features. iSportz’s provision of the iSportz Services is completely contingent upon your Organization’s provision of sufficient internet connectivity, including where applicable, sufficient internet connectivity to support a livestream of quality consistent with industry standards.

4. CONTENT

4.1 iSportz Content. The iSportz Services contain or reference material that is owned by us as well as third parties, including but not limited to software, images, videos, text, website designs and templates, and audio (collectively, “Content”). As between iSportz and your Organization, iSportz owns all right, title and interest in and to or has a right and license to use the copyrights, trademarks, service marks, trade names, and all other intellectual and proprietary rights throughout the world associated with the iSportz Services and Content, including as incorporated into User-Generated Content. Except as expressly stated in this Subscription Agreement, nothing in this Subscription Agreement shall be deemed to convey to you any right, title or interest in or to the iSportz Services or Content. To the extent the iSportz Services include an explicit authorization with respect to certain Content (e.g., the right to repost content on social media), iSportz hereby grants you a limited, revocable license to post or upload such Content onto your Organization’s social media account(s) without modification and in accordance with the restrictions in this Subscription Agreement or any other additional terms and conditions associated with such Content. To the extent we

authorize you to create, Upload, publicly display or publicly perform User Generated Content that is derived from our Content, we grant you a non-exclusive license to create a derivative work using the specifically referenced Content. You assign to us all rights worldwide in the work you create for the duration of copyright in the User Generated Content, in all formats and media known or unknown to date, including for use on third party sites and platforms. If such assignment is invalid, your license to create derivative works using our Content is null and void.

4.2 User-Generated Content. The iSportz Services may include opportunities for your Organization or others to upload, post, publish, publicly display, transmit or otherwise distribute (“Upload”) text, files, images, photos, audio, video, clips, sounds, musical works, works of authorship, or any other content or materials on or through the iSportz Services (“User-Generated Content”). Except as may be explicitly requested in connection with particular programs or promotions, iSportz is not requesting, and is unwilling to review, ideas or materials relating to characters, storylines, treatments, scripts, artwork, visual or audio-visual content, or other artistic or creative works (whether relating to pre-existing iSportz properties or not). Except as expressly set forth in this Subscription Agreement, your Organization shall continue to own all rights in and to your Organization’s User-Generated Content, except to the extent your Organization’s User-Generated Content contains or is otherwise derived from materials, content, or elements owned by iSportz or any of our affiliated companies or partners (e.g., characters or other elements created or owned by us). Your Organization is solely responsible for any third-party Content in your User-Generated Content and for the use of the User-Generated Content, including on our platforms and through the iSportz Services. We are under no obligation to host or serve any Content or User-Generated Content and reserve the right to remove such Content, your User-Generated Content and/or any other content at our sole and absolute discretion.

4.2.1 License to User-Generated Content. On behalf of your Organization, you hereby grant to iSportz a perpetual, non-exclusive, irrevocable, royalty-free, sub-licensable through multiple tiers (including to other users of the iSportz Services), fully paid up, and transferable (in whole or part) worldwide license to use, reproduce, transmit, adapt, prepare derivative works based on, publicly display, publicly perform, exhibit, modify, edit, distribute, incorporate in other works, and/or otherwise exploit, in whole or in part, any User-Generated Content (including your Members’ names, images, likenesses and voices as they appear in that User-Generated Content) in any manner and any media now known or hereafter developed, without further notice to your Organization, and without the requirement of compensation or additional permission from your Organization, its Members or any other person or entity. You hereby grant on behalf of your Organization to iSportz the right to monetize the Content and any User-Generated Content (and such monetization may include selling or using commercial elements (e.g., pre-roll, mid-roll, post-roll, banner ads and dynamic advertising) on or within such Content or charging users a fee for access). iSportz shall retain any and all revenue from the sale or use of such commercial elements. This Agreement does not entitle your Organization to any payments. Your Organization represent and warrant that your Organization owns all User-Generated Content or are otherwise authorized to grant the license above.

4.2.2 Use and Distribution of User-Generated Content. You agree that iSportz may give your Organization attribution for its User-Generated Content, but we are not required to do so. To the extent permitted by applicable law, you hereby waive and agree on behalf of your Organization not to assert any “moral rights” or other proprietary rights in any User-Generated Content against us, our licensees, our representatives or other users.

4.2.3 Public Nature of iSportz Services. You acknowledge that you upload any User-Generated Content voluntarily, and have no expectation of privacy or confidentiality with respect to any User-Generated Content you Upload, and that no fiduciary relationship exists between us and you or any other party based on the User-Generated Content. We make no guarantees to remove User-Generated Content from the Services or other sites, and we may retain User-Generated Content in our backup files, including after termination of your Subscription.

4.2.4 No Responsibility for User-Generated Content. iSportz is not responsible or liable for any User-Generated Content and we have no obligation to investigate, monitor or correct any User-Generated Content (e.g., for accuracy or completeness) except as provided under our Infringement Policy. User-Generated Content

may not reflect the views of iSportz and we do not endorse any User-Generated Content that your Organization or other users upload.

4.3 Infringement Policy. If your Organization believes that any User-Generated Content is defamatory or infringes your intellectual property, please send a written notice following the rules in our Infringement Policy to request a review of the alleged infringement. Pursuant to 17 U.S.C. Section 512 as amended by Title II of the U.S. Digital Millennium Copyright Act of 1998, we reserve the right to remove your User-Generated Content.

5. RESTRICTIONS; USE OF THE ISPORTZ SERVICES

5.1 Prohibited Actions. Your Organization may not attempt any of the actions set forth in this list of Prohibited Actions or authorize, facilitate or induce others to do so. You recognize that Uploading unlawful material could expose your Organization to criminal and/or civil liability. Your Organization’s privilege to use the iSportz Services depends on your Organization’s compliance with the list of Prohibited Actions and with the terms of the Agreements. We reserve the right to revoke your Organization’s, Administrators’, and Members’ privileges to use all or a portion of the iSportz Services and/or take any other appropriate measures to enforce the Agreements.

5.2 Investigations, Monitoring, and User Disputes. iSportz may, but is under no obligation to, examine, record, copy and disclose your Organization’s use of the iSportz Services including as necessary to satisfy any law, regulation or governmental request. We reserve the right to take, or refrain from taking, any and all steps available to us, once we become aware of or suspect any violation of these provisions, including, but not limited to, modifying or removing any User-Generated Content, warning users, suspending users, terminating accounts, suspending and terminating subscriptions to the iSportz Services, blocking access to the iSportz Services or taking other corrective action we deem appropriate without liability. Your Organization is solely responsible for your Organization’s use of the iSportz Services, User-Generated Content, and any interaction with its Administrators, Members or other users of the iSportz Services, and we reserve the right, but shall have no obligation, to become involved in any way or to monitor disputes between your Organization, its Administrators, Members, and any other users of the iSportz Services.

5.3 Termination and Suspension. Termination, suspension or cancellation of your Organization’s account, subscription or access to the iSportz Services (collectively, “Termination”) shall not affect any right or relief to which we may be entitled, at law or in equity. iSportz may, in its sole discretion, at any time elect to Terminate this Subscription Agreement with your Organization, your Organization’s subscription or access to the iSportz Services immediately upon notice to your Organization. Upon such Termination, all rights granted to your Organization in this Subscription Agreement will automatically terminate and immediately revert to us. Such Termination shall not relieve your Organization of the obligation to pay any fees accrued or payable to iSportz prior to the effective date of Termination. Following such Termination, this Subscription Agreement shall remain in full force and effect with respect to your Organization’s past and future use of the iSportz Services, including all rights granted by your Organization to us.

5.4 Additional Obligations. Your Organization is further obligated to inform and ensure its Members:

5.4.1 are aware of and will comply with any applicable terms and conditions, including the Terms of Use and any other acceptable use policy as imposed by iSportz relating to the use and access to the iSportz Services; and

5.4.2 will provide its Members with a privacy notice explaining how the Organization handles their personal data (such policy to be consistent with applicable laws and industry best practices) and obtain any necessary permissions or consents for the Organization to provide Organization Data to iSportz as specified under this Subscription Agreement or as otherwise agreed by the parties.

Where the Organization fails to present any of the terms stated above, iSportz reserves the right to present default information that will inform the Organization’s Members to contact the Organization to identify what terms and conditions apply (including the Terms of Use). For the sake of completeness, any information presented by iSportz does not and should not be considered as relieving the Organization’s obligations under applicable law or this Subscription Agreement. The Organization accepts and agrees that they shall be solely responsible and liable for any of their Members and their Members’ use of the iSportz Services. No Member shall be deemed to be a third party beneficiary of this Subscription Agreement, and the Organization shall not make any warranties, representations or commitments to a Member which would (i) imply an endorsement by iSportz; (ii) purport to bind iSportz to any legal obligations owed by the Organization to the Members; or (iii) entitle any Member to enforce the terms of this Subscription Agreement against iSportz.

6. THIRD PARTY SERVICES & THIRD PARTY PLATFORM PROVIDERS

6.1 Third Party Services. The iSportz Services may provide links to third-party websites, widgets, software, services or other utilities (“Third-Party Services”). Third-Party Services are provided solely as a convenience to your Organization, and we are not responsible for Third-Party Services. The inclusion of a link to or other integration with a Third-Party Service on any iSportz Service does not imply an endorsement by or affiliation with us. Your Organization’s rights and obligations while accessing those Third-Party Services will be governed by the agreements and policies relating to the use of and made available by those Third-Party Services. We will not be responsible or liable for any confidential or personal information you provide in connection with any Third-Party Services, or loss or damage of any sort incurred as the result of any dealings with or as the result of the availability of such Third-Party Services on the iSportz Services.

6.2 Third Party Platform Providers. If you access or download the iSportz Services via an Apple, Inc., Amazon.com, Inc., Google, Inc., Microsoft Corporation, Samsung Electronics America, Inc. or any other third-party app store or platform (each a “Third-Party Platform Provider”), such Third-Party Platform Providers, shall be third-party beneficiaries to this Subscription Agreement. However, these Third-Party Platform Providers are not party to this Subscription Agreement and have no obligation to provide maintenance and/or support of the iSportz Services. Your Organization’s access to the iSportz Services through the Third-Party Platform Provider’s app stores or platforms is subject to such Third-Party Platform Provider’s then-applicable terms of service. You should read the terms of service agreements and privacy policies that apply to such third-party products.

7. PRIVACY & DATA PROTECTION

7.1 iSportz as a Service Provider for Organization Data. Unless otherwise specified or agreed by the parties, the Organization acknowledges and agrees that iSportz shall act as “Service Provider” or “Processor” under applicable Data Protection Legislation for any Organization Data and iSportz’s Data Processing Agreement shall apply to our processing of such Organization Data. For data for which iSportz is a Service Provider, iSportz shall act on the Organization’s instructions and shall not copy, sell or reuse the Organization Data, save as expressly permitted in this Subscription Agreement and, as applicable, the Data Processing Agreement, as updated and notified to the Organization from time to time. For avoidance of doubt, in the event that there is any duplication or overlap between the Organization Data and iSportz Data, each party acknowledges that it is an independent “Controller” or “Business” as defined under Data Protection Legislation with respect to such data and shall use such data in accordance with its respective privacy policy. Nothing in this Agreement shall affect Organization’s ownership and rights to use the Organization Data and all customer personal information obtained independently of the Services by the Organization, whether prior to or during the term of this Subscription Agreement.

7.2 Third Party Services & Technology Integrations. The iSportz Services include integrations of Third-Party Services into the iSportz Services, including Third-Party Services integrated into iSportz’s online registration process (each such Third-Party Service providers, an “Integration Partner”). Your Organization acknowledges that, unless otherwise agreed between your Organization and iSportz in writing, the Third-Party Services of Integration

Partners are automatically incorporated into iSportz’s Services, including within your Organization’s Members’ registration pathway. Organization Data may be shared with both iSportz and the relevant Integration Partner to enable the proper functioning of the technology, facilitate audience creation, serve personalized offers, and improve the user experience. Where Organization Data flows to iSportz, iSportz shall continue to act as a “Service Provider” or “Processor” as set out in the clause immediately above. Where Organization Data flows to the Integration Partner, the Integration Partner may act as an independent “Business” or ”Controller.” Such data sharing to the Integration Partner will be at the direction of the Member and subject to the Integration Partner’s privacy policy.

7.4 iSportz Data Rights. For the avoidance of doubt, iSportz is the data owner and controller of all iSportz Data. In particular, it is acknowledged that iSportz processes all iSportz Data as a Controller and a Business, and that such data may be used by other iSportz brands for their own business purposes, including all purposes set forth in iSportz’s Privacy Policy.

7.5 Aggregated & Anonymized Data. Organization agrees that iSportz may process Organization Data to generate nonpersonal data by means of aggregation, pseudonymization and/or anonymization, and to use that data (along with any other similar data (e.g. anonymous survey results, general usage data or other information generated by iSportz under this Subscription Agreement for its own commercial purposes, such as for business planning, analytics, and to improve its products, services, systems and tools.

8. ADVERTISEMENTS & MARKETING

8.1 Advertising & Marketing. iSportz may sell and display commercial elements and advertisements across its platforms and the iSportz Services it provides to the Organization, including on Organization websites built and hosted through the iSportz Online Sports Website Builder. iSportz will retain any and all revenue obtained from the sale or use of such commercial elements or advertisements, including any personalized offers provided as a result of Third-Party Services and technology integrations detailed in Sections 6 and 7 above. iSportz will not deliver any advertising content that is indecent, obscene, pornographic material, hate speech, illegal subject matter or activities or other content which does not meet iSportz’s quality and standards as in effect from time to time. Further, the Organization acknowledges that iSportz may send Administrators and Members personalized and non-personalized marketing messages, subject to recipients’ marketing preferences.

9. REPRESENTATIONS & WARRANTIES

9.1 The Organization represents and warrants to iSportz that:

9.1.1 it is duly incorporated and validly existing under the laws of its jurisdiction of incorporation and has the corporate capacity to enter into this Subscription Agreement and to perform each of its obligations hereunder;

9.1.2 it has duly authorized and accepted this Subscription Agreement and this Subscription Agreement constitutes a legally valid and binding obligation of it enforceable against it in accordance with its terms;

9.1.3 it shall comply with all applicable federal, state, and local laws, rules and regulations including but not limited to all Data Protection Legislation (as defined in the Data Processing Agreement), with respect to (i) any and all Organization Data; and (ii) the Organization’s use of or provision to iSportz of Organization Data in conjunction with the iSportz Services, including but not limited to marketing communications (via e-mail, in-app message, or otherwise) through the iSportz Services, whether by the Organization directly or an Administrator or by iSportz on the Organization’s behalf. Where applicable, the Organization shall comply with its obligations as a “Business” under the CCPA for all Organization Data;

9.1.4 it is the sole owner of the User-Generated Content and any other intellectual property or materials provided to iSportz (including any names, symbols, seals, emblems, logos, insignia, trademarks or other intellectual property) or otherwise has the legal right to Upload and license the User-Generated Content to iSportz as set forth in Section 4 of this Subscription Agreement;

9.1.5 the exhibition, public display, or other use of the User-Generated Content on or through the iSportz Services as set forth in this Subscription Agreement by iSportz does not violate the privacy rights, publicity rights, intellectual property or proprietary rights, contract rights or any other rights of any person or entity;

9.1.6 it has provided appropriate notices and obtained all necessary consents, releases, and/or permissions required by law (including any applicable privacy laws), including consent from a parent or a guardian before Content (including User-Generated Content) of any person under the age of 13 (“Child”) is submitted to the iSportz platform, in order to (i) provide iSportz with any Organization Data or other information about its Administrators and Members necessary for iSportz to provide the iSportz Services, carry out the activities set forth in Section 8.1, and promote the iSportz Services among your Organization’s Members; and (ii) Upload User-Generated Content and for iSportz to use, distribute and exercise the rights granted in Section 4 with respect to such User-Generated Content, including but not limited to:

(a) the name, symbol, seal, emblem, logo and insignia of each team (collectively, the “Team Marks”);

(b) the name, symbol, seal, emblem, logo and insignia of opponents to any team (collectively, the “Opponent Marks”);

(c) the name, symbol, seal, emblem, logo and insignia of the league (collectively, the “League Marks”, together with the Team Marks and the Opponent Marks, the “Marks”); and

(d) the pictorial representations, names and likenesses of, and all biographical matter concerning each of, the players, managers, coaches and officials of each team appearing in the Content (collectively, the “Names and Likenesses Materials”), for the purposes of producing, promoting, marketing and/or exhibiting the User-Generated Content and in connection with the production of all materials associated therewith; and

9.1.7 to the extent any “moral rights,” “ancillary rights,” or similar rights in or to the User-Generated Content exist and are not exclusively owned by us, your Organization agrees not to enforce any such rights as to iSportz, and your Organization shall procure the same agreement not to enforce from any others who may possess such rights. Your Organization agrees to pay for all royalties, fees, and any other monies owing to any person or entity by reason of any User-Generated Content posted by your Organization to or through the iSportz Services.

10. DISCLAIMERS AND DISPUTES

10.1 Disclaimer of Warranties. We make no representations or warranties as to the iSportz Services (which, for purposes of this Section 10 only, shall include the Third-Party Services) with respect to their accuracy, timeliness, reliability, availability, completeness or otherwise. WE PROVIDE THE iSportz SERVICES ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE, OUR PARENT, EACH OF OUR AFFILIATES, AND ALL SUCH PARTIES’ DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, LICENSEES AND LICENSORS (COLLECTIVELY, THE “iSportz PARTIES”) DISCLAIM ANY AND ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS, STATUTORY OR OTHERWISE, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT, OR LIABILITY FOR FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION,

DEFECT, DELAYS IN OPERATION OR TRANSMISSION, COMMUNICATION-LINE FAILURE, NETWORK OR SYSTEM OUTAGE. IF APPLICABLE LAW DOES NOT ALLOW THE EXCLUSION OF SOME OR ALL OF THE ABOVE IMPLIED WARRANTIES TO APPLY TO YOUR ORGANIZATION, THE ABOVE EXCLUSIONS WILL APPLY TO YOUR ORGANIZATION ONLY TO THE EXTENT PERMITTED BY APPLICABLE LAW. With respect to malfunctioning software, iSportz’s entire liability and the Organization’s sole and exclusive remedy shall be the repair or replacement of the software.

10.2 Limitation of Liability.

10.2.1 IN NO EVENT WILL THE iSportz PARTIES’ AGGREGATE LIABILITY TO YOU IN CONNECTION WITH iSportz SERVICES OR THIS SUBSCRIPTION AGREEMENT EXCEED (i) THE AMOUNT (IF ANY) ACTUALLY PAID BY YOUR ORGANIZATION TO iSportz IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT WHICH GAVE RISE TO THE LIABILITY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL THE THIRD-PARTY PLATFORM PROVIDERS OR THEIR RESPECTIVE AFFILIATES, VENDORS, AGENTS AND SUPPLIERS, AS APPLICABLE, GIVE ANY WARRANTY, HAVE ANY RESPONSIBILITY OR HAVE ANY LIABILITY WITH RESPECT TO YOUR ORGANIZATION’S USE OF THE iSportz SERVICES. FURTHERMORE, NONE OF THE iSportz PARTIES WILL BE LIABLE TO YOU OR ANY THIRD-PARTY FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES RELATING TO LOST PROFITS, LOST DATA OR LOSS OF GOODWILL) OR ANY DAMAGES WHATSOEVER THAT RESULT FROM YOUR USE OF OR INABILITY TO USE THE iSportz SERVICES. THE FOREGOING LIMITATION APPLIES (x) WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER LEGAL THEORY, AND EVEN IF NBCUNIVERSAL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE; AND (y) TO ANY DAMAGES OR INJURY ARISING FROM ANY COMPUTER VIRUS, FILE CORRUPTION, OR THEFT, DESTRUCTION, UNAUTHORIZED ACCESS TO, ALTERATION OF, USE OF ANY DATA OR ANY OTHER DAMAGES.

10.2.2 BECAUSE SOME JURISDICTIONS DO NOT ALLOW FOR THE DISCLAIMER OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES, iSportz PARTIES’ LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY THE LAW OF SUCH JURISDICTION. IN ADDITION, BECAUSE SOME JURISDICTIONS DO NOT PERMIT THE DISCLAIMER OF CERTAIN WARRANTIES, THE DISCLAIMERS SET FORTH ABOVE MAY NOT APPLY TO YOUR ORGANIZATION.

10.2.3 YOU ACKNOWLEDGE AND AGREE THAT ANY DAMAGES YOUR ORGANIZATION INCURS ARISING OUT OF THE ACTS OR OMISSIONS OF THE iSportz PARTIES OR YOUR USE OF THE iSportz SERVICES ARE NOT IRREPARABLE AND ARE INSUFFICIENT TO ENTITLE YOUR ORGANIZATION TO AN INJUNCTION OR OTHER EQUITABLE RELIEF RESTRICTING THE AVAILABILITY OF OR ANY PERSON’S ABILITY TO ACCESS ANY PORTION OF THE iSportz SERVICES OR THE DISPLAY, PERFORMANCE OR DISTRIBUTION OF OUR CONTENT.

10.3 Indemnification. Your Organization agrees to defend, indemnify and hold harmless the iSportz Parties from and against any and all claims, demands, actions, suits or proceedings, as well as any and all losses, liabilities, damages, costs and expenses (including reasonable legal fees and costs) arising out of or related to (i) any breach of the Agreements ; (ii) User-Generated Content; and/or (iii) your Organization’s (including its Administrators’ and Members’) use of the iSportz Services or any use of your account via the iSportz Services.

11. BINDING ARBITRATION OF ALL NON-SMALL CLAIMS DISPUTES; CLASS ACTION WAIVER; AGREEMENT TO GOVERNING LAW AND JURISDICTION

11.1 If your Organization has a Dispute (as defined below) with us that cannot be resolved informally or in small claims court, your Organization will not have the right to pursue a claim in court or have a jury decide the claim, and your Organization will not have the right to bring or participate in any class action or similar proceeding in court or in arbitration. By using or interacting with the iSportz Services, or engaging in any other iSportz Transactions or Relationships with us, your Organization agrees as follows:

11.2 “Dispute” means any complaint, dispute, or disagreement your Organization may have against us, and any claim that we may have against your Organization, whether based on past, present, or future events, arising out of or related in any way to the Agreements or regarding (i) your Organization’s use of or interaction with the iSportz Services, (ii) any purchases or other transactions or relationships related to your Organization’s use of the iSportz Services, or (iii) any data or information your Organization provides to us or we gather in connection with such use, interaction or transaction (collectively, “iSportz Transactions or Relationships”).

11.3 Many Disputes can be resolved by an informal dialogue with our customer service staff or your account representative. If your Organization has a Dispute with us, before initiating an arbitration, you must send an individualized, written notice describing the Dispute to the customer support contact or account representative via email or contact form associated with the iSportz Service to which your Dispute relates. Without limiting any of our rights in Sections 3 and 5, before we initiate any arbitration, we will send your Organization a written notice using contact information we have for your Organization. Promptly following receipt of such notice, you and we will try to resolve the Dispute by individual telephone or videoconference, or in person if you and we agree. If the Dispute is not resolved within 14 days of starting this dialogue, then either you or we may initiate an action in a small claims court that has jurisdiction over the Dispute and is reasonably close to your place of residence or work, or initiate an arbitration as described below if the Dispute is ineligible to be adjudicated in small claims court.

11.4 Any Dispute that we are unable to resolve through the informal procedure described above and is ineligible for small claims court shall be resolved exclusively by final, binding arbitration (“Arbitration”). The Arbitrator may issue orders to protect the confidentiality of proprietary information, trade secrets or other sensitive information. Except as discussed below in clause 11.4.1, the Arbitration will be conducted before a single arbitrator administered by JAMS or its successor (“JAMS”) and conducted in accordance with the JAMS Streamlined Arbitration Rules And Procedures (or, if the amount in controversy exceeds $250,000, the JAMS Comprehensive Arbitration Rules And Procedures) in effect at the time the Arbitration is initiated (respectively, the “Applicable Rules”). The Applicable Rules can be found at www.jamsadr.com. This Section 11 shall not prevent any party from seeking provisional remedies (that is, a temporary restraining order or preliminary injunction) from a court of appropriate jurisdiction.

11.4.1 No Class Relief. The Arbitrator shall have no authority to entertain or arbitrate any claims on a class or representative basis. Except as stated above in clause 11.4.1 regarding mass arbitrations, the Arbitrator shall have no authority to consolidate or join the claims of other persons or parties who may be similarly situated. Notwithstanding any other provision of this Subscription Agreement or any applicable arbitration rules, disputes regarding the interpretation, applicability, or enforceability of this class waiver may be resolved only by a court and not by an arbitrator. If this waiver of class or consolidated actions is deemed invalid or unenforceable, neither you nor we are entitled to arbitration.

11.4.2 Arbitrator Will Interpret This Agreement. The Arbitrator shall have the exclusive authority to resolve any dispute arising under or relating to the validity, interpretation, applicability, enforceability or formation of this Subscription Agreement and/or these arbitration provisions in this Section 9, including any claim that all or any part of this Subscription Agreement is void or voidable, except as expressly provided above in clause 11.4.2.

11.4.3 Location of Arbitration. The Arbitration shall be held either: (i) at a location determined under the Applicable Rules that is reasonably convenient for your Organization and is no more than 100 miles from your Organization’s place of business; or (ii) at another location you and we agree upon. If the only claims asserted in the Arbitration are for less than $25,000 in aggregate, the Arbitration may be held by telephone, video conference, or written submission.

11.4.4 Arbitration Costs. If the Arbitrator finds that the costs and fees of Arbitration will be prohibitive for your Organization as compared to the costs of litigation, we will pay as much of your Organization’s filing, arbitrator, and hearing fees in the Arbitration as the Arbitrator deems necessary to prevent the Arbitration from being cost-prohibitive, regardless of the outcome of the Arbitration, unless the Arbitrator determines that your Organization’s claim(s) were frivolous or asserted in bad faith.

11.4.5 Interpretation and Enforcement of Arbitration Clause. Except for clause 11.4.2 above, if any provision of this Subscription Agreement is unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these this Subscription Agreement and shall not affect the validity and enforceability of any remaining provisions. But if clause 7.4.2 is found to be unlawful, void or for any reason unenforceable, then this entire arbitration provision shall be null and void, and neither your Organization nor we will be entitled to arbitrate any dispute between us and your Organization, and must instead bring any claims subject to clause 11.4.9 below.

11.4.6 Modification of Arbitration Clause With Notice. This version, and any modification of these arbitration provisions shall apply for claims made on or after the effective date of this version (or such modifications) even if the iSportz Transactions or Relationship giving rise to such claims occurred prior to this version (or such modification). If any modification is deemed to be unlawful, void or for any reason unenforceable, then the arbitration provisions effective at the time of your agreement to this Subscription Agreement shall govern any dispute or disagreement between your Organization and us regarding iSportz Transactions or Relationships.

11.4.7 Dispute Resolution Only If A Tribunal Has Ruled That Arbitration Is Prohibited. If a court with appropriate jurisdiction prohibits arbitration of a dispute in accordance with this Section 11, then the state or federal courts in New York shall have exclusive jurisdiction over the dispute, and to the maximum extent permitted by the mandatory laws in your Organization’s country of business, this Subscription Agreement and any dispute arising out of or related in any way to this Subscription Agreement or their subject matter or formation (including non-contractual disputes), will be governed by, and construed in accordance with, the laws of the State of New York and the United States, without giving effect to any conflict of law principles, except as provided in Section 12.1 below.

12. ADDITIONAL TERMS

12.1 Payment Processing Services. The iSportz Services we provide may include integrated payment processing services that can be utilized by your Organization to accept payments from Members. In order to receive these Services, your Organization is required to accept our Payment Processing Agreement and agree to pay the additional fees (“Payment Processing Fees”) that will be contained in an online order presented to the Organization. The Payment Processing Fees are charged on a per transaction basis and will differ depending on the type of iSportz Services your Organization is utilizing. The default pricing is contained within the Payment Processing Agreement, and the exact pricing for your Organization will be displayed online. If you are unsure or have any questions related to pricing or the iSportz Services, you should contact your Account Manager or our customer support team online.

12.3 Applicable Law & Venue.

12.3.1 US, Canada, & Rest of the World. Where your Organization is based in the United States, Canada or Rest of the World: this Agreement shall be governed, interpreted and construed under the laws of the United States and the State of New York without regard to any conflict of law principles. Subject to the arbitration provisions above, and other than small claims actions permitted there, any action or proceeding arising from, relating to or in connection with this Subscription Agreement will be brought exclusively in the federal or state courts located in New York County, New York, and your Organization irrevocably consents to the personal jurisdiction of such courts and agree that it is a convenient forum and that your Organization will not seek to transfer such action or proceeding to any other forum or jurisdiction, under the doctrine of forum non conveniens or otherwise.

12.3.2 UK, Europe, Middle East, & Africa. Where your Organization is based in the United Kingdom, Europe, the Middle East or Africa, the formation, construction, performance, validity and all aspects of this Subscription Agreement, including any dispute or claim arising out of or in connection with it or its subject matter (including non-contractual disputes or claims) shall be governed by and construed in accordance with English law. The parties agree that the courts of England & Wales shall have the nonexclusive jurisdiction to settle any dispute or claim arising out of or in connection with this Subscription Agreement or its subject matter.

12.3.3 Australia or New Zealand. Where your Organization resides in Australia or New Zealand, the formation, construction, performance, validity and all aspects of the Agreement, including any dispute or claim arising out of or in connection with it or its subject matter (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of Australia. The parties agree that the courts of the state of New South Wales, shall have the nonexclusive jurisdiction to settle any dispute or claim arising out of or in connection with this agreement or its subject matter.

12.4 No Waiver. No failure or delay by us in exercising any right, power or privilege under this Subscription Agreement will operate as a waiver thereof, nor will any single or partial exercise of any right, power or privilege preclude any other or further exercise thereof or the exercise of any other right, power, or privilege under this Subscription Agreement.

12.5 Severability. Unless otherwise expressly provided herein, the invalidity or unenforceability of any provision of this Subscription Agreement will not affect the validity or enforceability of any other provision, all of which will remain in full force and effect.

12.6 Entire Agreement. This Subscription Agreement represent the entire understanding of the parties regarding its subject matter and supersede all prior and contemporaneous agreements and understandings between the parties regarding its subject matter, and may not be amended, altered or waived except in writing by the party to be charged. The paragraph or section titles in this Subscription Agreement are for convenience only and have no legal or contractual effect.

12.7 Assignment. This Subscription Agreement is binding upon and shall inure to the benefit of parties and their respective successors, heirs, executor, administrators, personal representatives and permitted assigns. Your Organization shall not assign its rights or obligations hereunder without our prior written consent and any assignment without our consent shall be void and invalid at the outset.

12.8 Relationship of the Parties. The parties are independent contractors. This Subscription Agreement does not create a partnership, franchise, joint venture, agency, fiduciary or employment relationship between the parties.

12.9 No Third Party Beneficiaries. There are no third-party beneficiaries to this Subscription Agreement.

12.10 Electronic Notice. Your Organization consents to receive notices, including agreements, disclosures, and other communications, electronically from us at the email address you have provided. Your Organization agrees that these electronic notices satisfy any legal requirements that such communications be in writing.

12.11 iSportz. iSportz and its businesses are trading names owned and operated by iSportz, Inc., a corporation registered in Delaware. We can be contacted at:

North America & Rest of the World

iSportz, Inc. 3218 E. Colonial Drive, Suite G Orlando, FL 32803.

India

iSportz Pvt Ltd, (1B) 1st Floor at Sri Durga Enclave, Plot no 27B, 2nd Street, River View Residency, Off OMR, Karapakkam, Chennai-600 097.

12.12 Designation of Agent. You hereby appoint us as your Organization’s agent with full authority to execute any document or take any action we may consider appropriate to confirm the rights granted by your Organization to us in this Subscription Agreement.

12.13 Survival. The provisions of this Subscription Agreement which by their nature should survive the termination of this Subscription Agreement shall survive such termination, including but not limited to the restrictions, disclaimers, limitations, our rights to use content, limitation of liability in Section 8, rules regarding dispute resolution in Section 9, and the general provisions in this Section 10.

13. SUPPLEMENTAL TERMS: SUBSCRIPTION SERVICES; CHARGES & FEES; AUTOMATIC RENEWAL AND PAYMENT METHOD; CANCELLATIONS AND REFUNDS; TRIAL PERIODS/PROMOTIONAL OFFERS.

13.1 The following Supplemental Terms apply to your purchase and use of iSportz’s paid subscription services (including, without limitation, iSportz 360, and iSportz) for which iSportz charges a periodic fee (e.g., monthly or annually), depending on the plan your Organization selects (collectively, the “iSportz Subscription Services”). By using any of our iSportz Subscription Services that we may offer currently or in the future, your Organization agrees to the terms and conditions in this Subscription Agreement and these Supplemental Terms.

13.2 Account. Your Organization must have a valid iSportz account to purchase a iSportz Subscription Service subscription (“Subscription”). By registering an account with us and using the iSportz Services, you confirm that the information your Organization provides during the registration process, including all identification, billing and credit card information, as well as the information already stored in the iSportz Services about your Organization, is accurate. Your Organization agrees to update such information promptly if it changes. Without limiting any other provision of this Agreement, if you provide any information that is untrue, inaccurate or incomplete, or we have reasonable grounds to suspect that such is the case, we reserve the right to suspend or terminate your Organization’s account or Subscription and refuse any and all current or future use by your Organization of any of the iSportz Services. Your Organization agrees not to register or subscribe for more than one account, create an account on behalf of someone else or create a false or misleading identity on any of the iSportz Services.

13.3 Charges & Fees.

(a) Subscription Period. Your Organization’s Subscription will provide your Organization with access to all of the content and benefits relating to the level of Subscription your Organization select for the period provided during sign-up (“Subscription Period”).

(b) Payment and Fees. Your Organization will be billed upfront for the cost of the full Subscription Period, in addition to any applicable taxes, transaction fees and other charges and fees incurred in order to access your Subscription. You must have Internet access and provide us with a current, valid, accepted method of payment (as such may be updated from time to time, “Payment Method”) for payment. If there is a problem charging your Organization’s default payment method, we may charge any other valid payment method associated with your Organization’s account. For certain Payment Methods, the issuer of your Payment Method may charge your Organization a foreign transaction fee or other charges. When you provide payment information, your Organization represent and warrant that the information is accurate and that your Organization are authorized to use the payment method provided. If your Organization does not pay any fees when due, (i) your Organization remain liable for the fees as well as any costs we incur in collecting the fees, including attorney and collections fees, (ii) your Organization authorizes us to continue charging your Organization’s chosen payment method and (iii) we may suspend or terminate your access to the iSportz Services.

(c) Price Increases. We reserve the right to increase charges and fees, or to institute new charges or fees at any time, upon reasonable advance notice and communicated to you through a posting on the iSportz Services or such other means as we may deem appropriate from time to time (including email). Any such price increase will be applied on a prospective basis and you will be notified about the increase.

(d) Minimum Transaction Value Required. A Minimum Annual Transaction Value of $1000 must be processed via the platform as per the subscription agreement. If the Minimum Annual Transaction is not processed via the platform, an annual maintenance fee of $500 will be charged.

13.4 Automatic Renewal. If your Organization purchases a Subscription, you agree that your Organization’s subscription will be automatically renewed for another Subscription Period of equal length (for example, monthly or annually) at the then-current price for such Subscription and, except as otherwise stated in the applicable Supplemental Terms, unless you cancel your Organization’s Subscription, your Organization authorizes us to charge your Payment Method for the next Subscription Period. If your Organization terminates a Subscription, your Organization may be responsible for the full amount of the subscription fees for the Subscription Period in which your Organization’s termination was effective.

13.5 Cancellation & Refunds. All subscriptions are non-refundable. Your Organization may cancel its Subscription at any time via the methods outlined below. We reserve the right to collect fees, surcharges, or costs incurred before your cancellation takes effect. You can cancel your Organization’s subscription via the following methods: (1) by contacting customer service via email (support@iSportz.co); or (2) by such other means as we may provide from time to time. If you cancel near the end of your Organization’s billing period and are inadvertently charged for the next Subscription Period’s fee, contact customer service to have the charges reversed.

iSportz Payment Processing Agreement

Effective Date April 14, 2022; Updated February 1, 2024

In connection with the Subscription Agreement, the terms and conditions below together with the iSportz Payments online form (collectively the “iSportz Payments Agreement”) shall govern the organization’s use and access to the payment processing services (“iSportz Payments”).

The Organization will be required to accept this iSportz Payments Agreement online before accessing the Services. Unless the contrary intention appears, the defined terms in the Subscription Agreement are hereby incorporated into these terms.

1. ISPORTZ PAYMENTS

1.1 The iSportz Payments solution is a payment processing service that helps the Organization integrate with a payment processor (the “Payment Processor”), allowing the Organization to amongst other uses accept payments from its members, including athletes, parents/legal guardians of athletes, the Organization’s workforce (which includes volunteers, coaches, and Administrators) or other associated persons of the Organization that benefit as end-users of the Software and/or Services (the “Members”), online via platforms provided by iSportz (“Services”). For clarity, these Services are not part of the “Services” provided by iSportz under the Terms of Use. The term “Services” as used in this iSportz Payments Agreement, refers solely to the Services provided by iSportz under this iSportz Payments Agreement.

1.2 In consideration of your Organization’s receipt of credit or debit card funded payments, and participation in programs affiliated with MasterCard International Inc. (“MasterCard”), VISA U.S.A. Inc., Visa Europe Ltd., Visa Canada Inc., Visa International (collectively “Visa”), Discover (“Discover”), American Express and other applicable card networks’ (such networks being, collectively, the “Card Networks”), your Organization is required to (i) enter into a direct relationship with an entity that is a member of the Card Networks and (ii) agree to comply with Card Network rules as they pertain to applicable credit and debit card payments. By entering into this iSportz Payments Agreement, your Organization is fulfilling the Card Networks’ rule of entering into a direct relationship with a member of the Card Networks; however, the Payment Processor and its designated Member Bank(s) understand that your Organization has contracted with iSportz to obtain certain processing services.

1.3 Depending on where your Organization is based the Services are provided by:

USA & Rest of World
iSportz, Inc. 3218 E. Colonial Drive, Suite G Orlando, FL 32803.

India
iSportz Pvt Ltd, (1B) 1st Floor at Sri Durga Enclave, Plot no 27B, 2nd Street, River View Residency, Off OMR, Karapakkam, Chennai-600 097.

Unless the context requires otherwise, hereafter collectively referred to as ‘iSportz’, ‘Us’, ‘We’.

1.4 iSportz supplies the Services in accordance with this iSportz Payments Agreement, and for the sake of completeness is not a bank, payment institution or money services business. By accepting this iSportz Payments Agreement, the Organization acknowledges and agrees that iSportz is the provider of the Services and that iSportz will be designated as an authorized representative of the Organization with the appointed Payment Processor, regarding the Organization’s use and access of the Services.

2. THE PAYMENT PROCESSOR

2.1 iSportz appoints a number of Payment Processors and your specific Payment Processor will depend on where your Organization is based:

USA & Rest of World
Stripe Inc., a Delaware corporation.

UK & Europe
Stripe Payments Europe Ltd, a private limited company incorporated under the laws of Ireland, with registration number 513174, and Stripe Payments UK Ltd, a private limited company registered in England, with registration number 8480771.

Other Payment Processors
In addition to the two Payment Processors listed above, iSportz may utilize other Payment Processors, including Authorize.net, Worldpay, LLC, WePay Inc., and PayPal. The Organization may be required to enter into additional terms and conditions including specific payment processor terms for the aforementioned Payment Processors. The referenced Payment Processor Terms below are specific to the two Payment Processors listed above.

2.2 The Payment Processor’s role is to accept and process payments online via the platforms provided by iSportz, to enable the Organization to receive and accept online payments from its Members, customers, donors, and any other person or entity that needs to pay the Organization, to complement the Organization’s business activities (including membership fee payments, competition entry fees, governing body registration fees, equipment and apparel fees, travel fees, camp/clinic fees, donations from people outside the membership and other similar payments), including Refunds and Disputes (as defined below) (collectively “Transactions”).

2.3 The processing and settlement of the Organization’s Transactions (“Payment Processing”) are carried out by the Payment Processor under separate Payment Processor Terms (the “Payment Processor Terms”). By accepting this iSportz Payments Agreement, the Organization is also accepting and agreeing to be bound by the Payment Processor Terms.

2.4 In addition, by accepting this iSportz Payments Agreement and the applicable Payment Processor Terms the Organization agrees to the creation of an account with the Payment Processor for payment processing (the “Payment Processor Account”), where necessary iSportz will assist the Organization with this. In the event of any inconsistency between the terms of this iSportz Payments Agreement and the applicable Payment Processor Terms concerning payment processing or the Payment Processor Account, the applicable Payment Processor Terms shall prevail.

3. THE SERVICES

3.1 iSportz shall:

(a) provide the Services for the purpose of facilitating the payment processing services supplied by the Payment Processor, to allow the Organization to accept online payments from Members via their existing technology platforms (amongst other uses as permitted and notified from time to time);

(b)notify the Organization in advance of any updates to the Services, and will provide appropriate training and/or materials to Organization concerning all updates; and

(c) provide the Organization with appropriate levels of training (including access to remote training and online resources) and support relating to the Services.

4. LICENSE TERMS

4.1 iSportz warrants that it is the owner (except in relation to any third party or open source software, as set out in any applicable license terms) of the Services or otherwise has the right to grant the Organization the licenses granted herein for the purposes of delivering the Services.

4.2 iSportz grants the Organization a limited, non-exclusive, non-transferable, non-assignable, revocable license to use the Services (the “License”). The License shall remain effective until this iSportz Payments Agreement is terminated (howsoever caused) in accordance with Condition 12. Neither the License nor any other provision shall grant any rights in the Services or other intellectual property rights except the limited License of use set out in this Condition 4 and iSportz shall remain the sole and exclusive owner of the Services and all intellectual property rights therein.

4.3 Notwithstanding any of the Organization’s other obligations under this iSportz Payments Agreement, the Organization shall not:

(a) sell, sublicense, lend, transfer or provide access to any third party to access the Services, except (i) as permitted in accordance with this iSportz Payments Agreement to carry out Transactions; or (ii) where the Organization has obtained written permission from an executive director of iSportz;

(b) create derivate works based on the Services;

(c) copy, frame or mirror any part of the content of the Services, other than copying or framing for internal business purposes;

(d) reverse engineer, disassemble, decompile or otherwise attempt to discover the source code or trade secrets for any of Services; or

(e) access the Services in order to build a competitive product or service.

5. REGISTRATION

5.1 To access the Services the Organization must:

(a) accept the terms of this iSportz Payments Agreement;

(b) accept the Payment Processor Terms; and

(c) provide information to iSportz and allow iSportz to share such information to the Payment Processor for the purposes of simultaneously creating an account for Services and a Payment Processor Account (together the “Organization’s Service Accounts”).

5.2 iSportz will review the information provided and, if it determines that the Organization is eligible to use the Services, it will allow the Organization to access the Services. Failure to provide the requisite information may prevent or delay the Organization from registering to receive the Services or upon review of the information the Organization may not be eligible or unable (for whatever reason) to receive the Services. The Organization accepts that iSportz and/or the Payment Processor is not liable to the Organization, where it is prevented or is unable to register and/or receive the Services.

6. OBLIGATIONS AND WARRANTIES

6.1 Organization warrants that all the information provided to iSportz is true and accurate and acknowledges that iSportz is relying upon such information in relation to the provision of the Services.

6.2 Organization agrees to co-operate fully with iSportz and provide any assistance required to supply the Services, in particular, the Organization (where applicable) shall do the following at its own expense:

(a) provide iSportz with access to all of the internal and external systems (including third party systems licensed to Organization) necessary for iSportz to provide the Services; and

(b) not to do anything, or omit to do everything, which could or would detrimentally affect the performance of the Services; and

(d) only complete and accept Transactions from bona fide sales; and

(e) not use the services to engage in activities that fall within the restricted and prohibited uses (as set in Condition 9 below) including but not limited to, facilitating and/or engaging in any fraudulent, unlawful, deceptive or abusive activity.

7. SECURITY

7.1 Organization acknowledges and warrants that it is responsible for the security of all data (which includes personal data) in its possession or control. When using data (including personal data) in conjunction with the Services, the Organization will only use such data as permitted by this iSportz Payments Agreement or other agreements between iSportz and Organization.

7.2 Organization is responsible for preventing the compromise of the Organization’s Service Accounts credentials, and for ensuring that the Organization’s Service Accounts are not used, accessed or modified without authorization. If iSportz or the Payment Processor reasonably believes that an unauthorized access of the Organization’s Service Accounts has occurred, the Organization will immediately notify iSportz and the Payment Processor and cooperate with iSportz and/or the Payment Processor to provide information reasonably necessary to help mitigate the impact of any such access, and iSportz and/or Organization may take such steps as are reasonable to address the unauthorized access. The Organization agrees that iSportz and/or the Payment Processor are not liable for any losses, claims or damages arising from the Organization’s failure (including negligence) to comply with its obligations under Conditions 6 and 7.

7.3 If iSportz and/or the Payment Processor believes that a security breach, personal data breach, or other compromise of data may have occurred, it may require you to have an approved third-party auditor conduct a security audit of your systems and facilities and issue a report to be provided to iSportz, the Payment Processor, and any other relevant third party including law enforcement.

8. COMPLIANCE AND INFORMATION SHARING

8.1 Organization warrants that it shall comply with the requirements of all applicable laws, rules, regulations and orders of any governmental or regulatory body having jurisdiction applicable to the Organization’s business and in connection with this iSportz Payments Agreement and the Payment Processor Terms.

8.2 Organization agrees that iSportz is permitted to contact and share information about the Organization, its Service Accounts and Transactions with necessary third parties (including the Payment Processor) in order to perform the Services. This includes:

(a) for regulatory or compliance purposes;

(b) for use in connection with the management and maintenance of the Services;

(d) to conduct risk management processes.

8.3 It is your responsibility to obtain your Members’ consent to be billed for each Transaction or, as the case may be, on a recurring basis, in compliance with applicable legal requirements and the Card Networks’ payment rules (the “Card Network Rules”).

8.4 The Card Networks have established guidelines, bylaws, rules, policies, procedures and regulations in the form of the Card Network Rules. You are required to comply with all applicable Card Network Rules. The Card Networks may amend the Card Network Rules at any time and without notice to us or to you. Insofar as the terms of this Agreement and/or the Payment Processor Terms are inconsistent with the Card Network Rules, the Card Network Rules shall prevail. We reserve the right to amend this Agreement at any time, with notice to you, as may be necessary to comply with the Card Network Rules. You agree that you will also comply with any and all confidentiality and security requirements of the USA Patriot Act (or similar law, rule or regulation), the Card Networks, including but not limited to the Payment Card Industry Data Security Standard (“PCI”), the Visa Cardholder Information Security Program, the MasterCard Site Data Protection Program and any other program or requirement that may be published and/or mandated by the Card Networks.

9. RESTRICTED AND PROHIBITED USES

9.1 The Organization is prohibited from using the Services and warrants that it will not use the Services to submit or accept Transactions, in connection with businesses, business activities or business practices as set out on the Payment Processor’s Restricted Businesses lists, which can be found here: https://stripe.com/restricted-businesses and https://stripe.com/gb/restricted-businesses.

9.2 In addition to any other requirements or restrictions set forth in this iSportz Payments Agreement, the Organization shall not:

(a) submit or knowingly submit any Transaction for processing that does not arise from sale of goods or services to a Member;

(b)submit or knowingly permit any Member or third party to submit any Transaction that is illegal or that the Organization should have known to be illegal or fraudulent;

(c) use the Service, directly or indirectly, for any fraudulent undertaking or in any manner so as to interfere with the use of the Service;

(d) add any tax to transactions, unless applicable law expressly requires that an Organization impose a tax (any tax amount, if allowed, must be included in the transaction amount and not collected separately);

(e) submit any transaction receipt for a transaction that was previously charged back to the acquirers and subsequently returned to your Organization, irrespective of cardholder approval; or

(f) accept payments to collect or refinance an existing debt.

10. SUSPICION OF UNAUTHORIZED OR ILLEGAL USE

10.1 Without prejudice to any other rights or remedies, iSportz reserves the right to terminate or suspend the Services for any reason, including in respect of any Transaction the Organization submits which is reasonably believed, in iSportz’s sole discretion, to be in violation of this iSportz Payments Agreement, any other agreement including the Payment Processor Terms, or exposes the Organization, iSportz or the Payment Processor or any other third party, to any actual or potential risk or harm. You agree that iSportz may investigate and audit your Organization’s compliance with this iSportz Payments Agreement from time to time, and you agree to cooperate fully with us in any investigation or audit.

11. FEES AND PAYMENT TERMS

Definitions:

Card Network Fee means Interchange, for Visa, Mastercard, American Express (and other Card Network issuers) Transactions.

Financial Service Intermediaries means entities involved in the authorization, processing or settlement process for Transactions, and includes acquiring banks, payment service providers and gateways.

Interchange means the interchange fee charged by Visa and Mastercard for the processing of Visa and MasterCard Transactions, determined in accordance with the interchange rate tables made generally available by Visa and MasterCard. Network Cost means the Card Network Fees and all other amounts imposed by Financial Service Intermediaries that are attributable to each Transaction. Network Cost includes any associated Taxes (as defined below).

Foreign Exchange (FX) means where a Transaction is made by an end-customer in a different currency that is to be paid to the Organization. In such instance a FX charged is applied.

FEES

11.1 The fees for the Services will be presented to the Organization at the online order form (“Payments Service Fees”). Unless agreed otherwise, the Payment Service Fees is a charge on a per transaction basis. The rate of the charge may differ depending on the type of agreement or product/service the Organization has with iSportz. For example, if your Organization has a Premium account, the Payment Service Fees may be lower on a per transaction basis than if you were using a Freemium account.

11.2 If the Organization fails to make payments under the Subscription Agreement, we reserve the right to suspend or terminate the Services and the Payment Service Fees may automatically revert to the default higher paying fees. For example, your Organization’s account may move from Premium to Freemium and will no longer be eligible for the discounted Payment Service Fee available to Premium subscribers.

11.3 Unless stated otherwise, the Payments Service Fees are inclusive of:

(a) fees that are due to the Payment Processor for Payment Processing. Any such fees owed to the Payment Processor shall be paid pursuant to the Payment Processor Terms (“Payment Processor Fees”);

(b) Network Costs;

(d) Payout fees;

(e) PCI compliance;

(f) Payment Processor Account set up;

(g) Verification fees;

(h) Administration and support.

11.4 iSportz reserves the right to change (decrease or increase) the Payments Service Fees at any time, subject to giving the Organization thirty (30) days’ notice.

11.5 Unless otherwise stated, the Payment Service Fees and Payment Processor Fees are exclusive of any applicable Value Added Tax (VAT), Goods and Service Tax (GST), sales, use or similar Tax (collectively “Taxes”). The Organization is responsible for determining what, if any, Taxes apply to the sale of its goods and services, made via the Services.

11.6 The Services will be provided in the currency of where the Organization is based.

FEES INDEMNITY

11.7 iSportz has agreed to indemnify and hold the Payment Processor harmless for some, and in some cases, all of the Organization’s unpaid Payment Processor Fees and other liabilities occurring under Payment Processor Terms. In so far as iSportz becomes liable to the Payment Processor or any other third party for any Fees or other liabilities under or in respect of the Payment Processor Terms or this iSportz Payments Agreement, the Organization shall be liable to pay iSportz (on written demand) and indemnify iSportz against any and all such liabilities.

11.8 Without prejudice to Condition 12, acting reasonably we will hold funds in reserves in any amount and for any period of time at our discretion, which can be used to set aside any fees relating to Disputes (as defined below), refunds or any other payment obligations that the Organization owes (“Reserve Account”). The Organization agrees that it is:

(a) not entitled to any interest or other compensation associated with the funds held in the Reserve Account;

(b) has no right to direct that account;

(d) may not assign any interest in those funds or that account.

DISPUTED TRANSACTIONS

11.9 Where a Member cardholder cancels or revokes their payment for whatever reason with their bank and/or Card Network issuer, otherwise known as a chargeback (“Dispute”), the Organization will be granted the opportunity to contest the Dispute. The Organization is responsible for administering the Disputes and ensuring compliance with any time limits to challenge a Dispute as set by a bank and/or Card Network Issuer from time to time. iSportz may provide you with assistance, including notifications and where applicable software to help contest your Disputes, but we do not assume any liability and shall not be liable for any loss incurred to the Organization as a result of such assistance. Where Disputes are raised that cannot be contested as may be mandated by the bank and/or Card Network issuer, including where a Member cardholder revokes their pre-authorized debit, direct debit, ACH payment or similar, then the Organization acknowledges they are still liable for any Transaction Fees incurred and any applicable Dispute Fee (see Condition 11.11), but also that iSportz will not be liable for any loss incurred by any such Disputes.

11.10 You grant us permission to share records or other information required with the Member cardholder who has raised a Dispute, the Member cardholder’s financial institution, and your financial institution to help resolve any Dispute. You acknowledge that your failure to provide us with complete and accurate information in a timely manner may result in an irreversible Dispute being assessed.

11.11 If the Member cardholder’s issuing bank or the Card Network issuer does not resolve the Dispute in the Organization’s favor or if the Dispute is not responded to, the Organization is liable to pay back the amount paid by the Member cardholder and applicable Payment Processor Fees, plus a Dispute Fee (the Dispute Fee depends on where the Organization is based and is subject to change at the discretion of iSportz without notice, the current rates are: $25 (North America), £/€25 (UK and European Countries) and the equivalent in any other territory worldwide where the Services are available.

11.12 If the Organization believes that iSportz has failed to remit any payments owed to the Organization, the Organization must notify iSportz in writing within ninety (90) days of the date of such remittance or from the date when the Organization purports such remittance would have been due, specifying in reasonable detail the amounts the Organization believes are owed. The Organization’s failure to so notify iSportz shall result in the Organization’s waiver of any claim relating to such disputed remittance. Amounts owed to the Organization shall be calculated solely based on records maintained by iSportz, which shall be presumed correct absent manifest error. The Organization shall have no audit rights hereunder.

REFUNDS

11.13 A refund is defined as a payment that has been agreed by the Organization to be refunded or reversed back to the Member cardholder (for whatever reason) (“Refund”). In the instance where a Refund occurs, the Organization is liable to pay the agreed amount back to the Member cardholder, and a Payment Service Fee for the original transaction.

12. TERM & TERMINATION

12.1 This iSportz Payments Agreement is effective and binding on the date when the Organization or an authorized representative of the Organization indicates acceptance by electronic acceptance of it (“Effective Date”).

12.2 The iSportz Payments Agreement will continue from the Effective Date indefinitely until terminated by either party in accordance with Conditions 12.3 or 12.4 or the Subscription Agreement is terminated for whatever reason (“Term”).

12.3 Without affecting any other right or remedy available to it, either party may terminate this agreement immediately, by giving notice to the other, if the other party:

(a) commits a material breach of any term of this iSportz Payments Agreement which is irremediable or (if such breach is remediable) fails to remedy such breach within thirty (30) days’ of receiving written notice of such breach;

(b) repeatedly breaches any of the terms of this iSportz Payments Agreement;

(d) is subject to a bankruptcy or winding up order or similar action

12.4 Without prejudice or affecting any other right or remedy available, iSportz may terminate this iSportz Payments Agreement, without any liability to the Organization, if:

(a) any of the circumstances at Condition 12.3 occur; or

(b) the agreement between iSportz and the Payment Processor is terminated (howsoever caused); or

(c) iSportz in its sole discretion reasonably believes that the Organization presents a significant credit or fraud risk, including if the Organization has an unfavorable, irregular or unusual Dispute transaction rate.

12.5 iSportz may terminate this iSportz Payments Agreement at any time, in our sole discretion, without prior notice to your Organization.

13. EFFECTS OF TERMINATION

13.1 Upon termination (howsoever caused) any Licenses granted to the Organization under this iSportz Payments Agreement shall cease with immediate effect.

13.2 Upon termination (howsoever causes) the Organization will:

(a) immediately discontinue to access the Services and have no further rights or access to use the Services;

(b) cease from accepting any new Transactions through the Service;

(c) not be entitled to a refund or compensation for any payments for the Services made before the moment of termination of the Agreement.

13.3 Upon termination (howsoever caused) iSportz will complete all pending Transactions but will have no obligation to process any new Transactions.

13.4 Termination (howsoever caused) does not relieve the Organization from its obligations as defined in this iSportz Payments Agreement and the Payment Processor may elect to continue to hold any funds deemed necessary pending resolution of any other terms or obligations defined in this iSportz Payments Agreement, including but not limited to Payments Service Fees, Disputes or Refunds.

13.5 Unless determined otherwise, termination of this iSportz Payments Agreement will not necessarily terminate any Subscription Agreement the Organization has with iSportz (as applicable) for other services.

13.6 For completeness, termination of this iSportz Payments Agreement (howsoever caused) also terminates the agreement between Payment Processor and the Organization (including the Payment Processor Account).

14. OWNERSHIP

14.1 The Service is licensed and not sold as set out in the License terms above. iSportz reserves all rights not expressly granted to the Organization in this iSportz Payments Agreement.

14.2 Organization may choose to or iSportz may invite the Organization (including its officers, employees, agents, subcontractors and Members) to submit comments or ideas about the Service, including without limitation about how to improve the Service (“Idea(s)”). By submitting any Idea, Organization agrees that the disclosure of such Idea is gratuitous, unsolicited and without restriction and will not place iSportz under any fiduciary or other obligation, and that iSportz owns all right, title and interest in all Ideas and is free to use the Idea for its own commercial gain without any additional compensation to the Organization. The Organization hereby irrevocably assigns all right, title and interest in and to such Ideas and all associated intellectual property therein to iSportz.

15. WARRANTIES

15.1 Both parties represent and warrant that:

(a) they have the authority to enter into this iSportz Payments Agreement and that their signatories (or person accepting the terms of this iSportz Payments Agreement) are duly authorized and empowered to bind the party on their behalf; and

(b) they will comply with all applicable laws, ordinances, statutes, regulations and rules, and that they have the power to settle fully and completely all claims, causes of action, demands, charges and liabilities arising out of or relating to this iSportz Payments Agreement.

15.2 The Service and all accompanying documentation are provided on an “as is” and “as available” basis, without any warranties, either express, implied, or statutory, including without limitation any implied warranties of title, merchantability, fitness for a particular purpose, and non-infringement.

15.3 iSportz will provide the Services in a professional and workmanlike manner and free from any unreasonable defects, and iSportz will use commercially reasonable means to fix any defect in the Services that may arise. Organization shall use the Services only in accordance with this iSportz Payments Agreement. Aside from these warranties, to the extent permissible by applicable law, the Services are provided without warranty of any kind, either express or implied, including but not limited to any implied warranty of merchantability or fitness for a particular purpose or use.

15.4 Without limiting the foregoing, iSportz does not warrant that the Services will meet the Organization’s requirements; or, that Transactions will be processed within a set period of time; or, that the Services will be available at any particular time or location; or, that the Services will function in an uninterrupted manner or be secure; or, that any defects or errors will be corrected; or, that the Service is free of viruses or other harmful components. Any subject matter downloaded or otherwise obtained through the use of the Services is downloaded at the Organization’s own risk and the Organization will be solely responsible for any damage to its property or loss of data that results from such download.

16. LIMITATION OF LIABILITY

16.1 Nothing in this iSportz Payments Agreement shall limit or exclude either party’s liability for death, personal injury or damage to tangible property caused by a party’s negligence, fraud, fraudulent misrepresentation or any other liability that cannot be excluded by applicable law.

16.2 Notwithstanding any other rights a party may have under this iSportz Payments Agreement, unless specified otherwise neither party nor its affiliates will have any liability to the other party or any other person for any indirect, incidental, exemplary, special, punitive, reliance or consequential damages, including loss of profits, goodwill or reputation, arising out of or relating to this iSportz Payments Agreement, even if advised of the possibility of those damages, and whether arising out of breach of contract, tort or otherwise.

16.3 iSportz’s total aggregate liability to the Organization in respect of all other losses arising out of or related to this iSportz Payments Agreement, whether in contract, tort (including negligence), breach of statutory duty, or otherwise shall not exceed the aggregate amount of fees paid or payable to iSportz during the six (6) month period immediately preceding the event giving rise to the claim for liability.

17. INDEMNITY

17.1 The Organization will indemnify iSportz, its affiliates, and the directors, employees, officers and agents of each for losses paid or incurred by the iSportz to the extent arising out of:

(a) any claim relating to any material breach of any of the Organization’s representations, warranties or obligations under this iSportz Payments Agreement;

(b) Organization’s use of the Services, including any refunds, reversals, disputes, and any fees, penalties or fines imposed by the Payment Processor or third party or government entity as a result of the Organization’s use of the Services;

(c) Organization’s failure to describe or deliver goods or services as required by applicable law (including contractual obligations to Members); or

(d) Organization’s negligence, willful misconduct, or fraud.

17.2 The Organization’s indemnification obligations in this Condition 17, do not apply to the extent a loss would not have occurred but for iSportz’s; (i) breach of this iSportz Payments Agreement; or (ii) negligence, fraud or willful misconduct.

18. NOTICES

18.1 By using the Services, you consent to receive electronic communications from us. These communications may involve sending emails to your email address provided during registration or posting communications on the admin portal of the systems. You agree that any notices, agreements, disclosure or other communications that we send to you electronically will satisfy any legal communication requirements, including that such communications be in writing. You should maintain copies of electronic communications by printing a paper copy or saving an electronic copy.

iSportz Data Processing Agreement

Effective April 14, 2022; Updated February 1, 2024

In connection with the Subscription Agreement between you (“Organization”, “Data Controller”) and iSportz, Inc. a Delaware corporation, having its registered address at 3218 E. Colonial Drive, Suite G Orlando, FL 32803 (“iSportz”, “Data Processor”). The terms of this Data Processing Agreement (“DPA”) shall govern the processing of Organization Data by iSportz as a data processor or Service Provider.

Unless otherwise agreed and except where the contrary intention is obvious, if there is any conflict between the terms of this DPA and the Subscription Agreement, this DPA shall take precedence.

1.1 DEFINITIONS

“Organization Data” means any Personal Data that relates to the Organization’s Members that iSportz processes in relation to iSportz’s provision of the iSportz Services and that is not iSportz Data. For avoidance of doubt, Organization Data does not include iSportz Data even if the same data was also collected as Organization Data and any such duplicate data relating to the Organization’s Members that iSportz processes in relation to iSportz’s provision of the iSportz Services remains Organization Data.

“Personal Data” means any information that relates to an individual person and that, alone or in combination with other data, can be used to identify, contact, or precisely locate an individual person, or other information that constitutes “personal data” under applicable Data Protection Legislation.

“SCCs” means, in respect of Personal Data processed by iSportz or its relevant Affiliates in: (a) the EEA and/or processing EEA Personal Data, the unchanged, EU Commission-approved version of the standard contractual clauses in Commission Decision 2021/914/EU (as set out in https://eur-lex.europa.eu/legal-content/EN/TXT/HTML/?uri=CELEX:32021D0914&from=EN) (“the EU SCCs”); (b) the UK and/or processing iSportz Personal Data to which Privacy Laws of the United Kingdom apply (“UK Personal Data”), the EU SCCs as modified by the International Data Transfer Addendum to the EU SCCs issued by the UK Information Commissioner under s119A(1) of the Data Protection Act 2018 (“UK SCCs”); and (c) Switzerland and/or processing Swiss Personal Data, a version of the EU SCCs that is deemed to be modified as follows: references to “personal data” will be deemed to include references to legal entities (until the revised Federal Act on Data Protection comes into effect) and references to “sensitive data” will be deemed to be references to “sensitive personal data and personality profiles” (“Swiss SCCs”). .

“Data Protection Legislation” all laws relating to the processing of personal data, privacy and security, including, without limitation, the California Consumer Privacy Act, the California Privacy Rights Act, the Colorado Privacy Act, the Virginia Consumer Data Protection Act, the UK Data Protection Act 1998, the UK GDPR, the EU General Data Protection Regulation 2016/679, the EU Privacy and Electronic Communications Directive 2002/58/EC, as implemented in each jurisdiction, and all amendments, or all other applicable or replacement international, regional, state, federal or national data protection laws and regulations.

Terms such as “Business”, “data controller”, “data processor”, “personal data”, “personal data breach”, and “Service Provider” shall have the meanings (or reasonable equivalents) ascribed to them in the applicable Data Protection Legislation.

1.2 APPOINTMENT AND INSTRUCTIONS

Organization hereby instructs iSportz to process Organization Data in accordance with this DPA and as required to provide the Services and/or Software.

1.3 PROCESSING OVERVIEW

The categories of Organization Data to be processed by iSportz, the processing activities to be performed under this Agreement, and the subcontractors and processing locations that have been approved by Organization are set out in Schedule 1 (Processing Overview).

1.4 DATA PROCESSOR OBLIGATIONS

iSportz shall:

1.4.1 Only process Organization Data in accordance with Organization’s reasonable, lawful and documented instructions given from time to time, including in the Existing Agreement, this DPA and any applicable Order Forms;

1.4.2 ensure its personnel who may be required by iSportz to assist it in meeting its obligations under the Agreement are under a binding obligation to protect the confidentiality of Organization Data;

1.4.3 implement and maintain appropriate technical and Organizational measures to protect Organization Data, including the measures described in Schedule 2 to this DPA, which may be revised by iSportz from time to time in its sole discretion, and including, as appropriate: (i) the pseudonymisation and encryption of Client Personal Data; (ii) the ability to ensure the on-going confidentiality, integrity, availability and resilience of processing systems and services; (iii) the ability to restore the availability and access to Organization Data in a timely manner in the event of a physical or technical incident; and (iv) a process for regularly testing, assessing and evaluating the effectiveness of technical and Organizational measures for ensuring the security of the processing;

1.4.4 taking into account the nature of the processing, provide Organization with reasonable assistance and co-operation, insofar as this is possible, to assist the Organization in complying with its obligations under Data Protection Legislation with respect to an Organization Data breach, individual rights requests from Members, and otherwise as required by Data Protection Legislation;

1.4.5 provide Organization with such information as is necessary to demonstrate compliance with this DPA and, where required by applicable Data Protection Legislation, allow Organization to audit iSportz’s processing of personal data (the terms of which to be agreed by the parties);

1.4.6 subcontract processing of personal data only pursuant to a written agreement that shall impose the same obligations set out in this DPA or obligations that are substantially similar and shall remain liable for the actions of its Sub-Processors. Organization acknowledges and agrees that iSportz may engage the Sub-Processors listed in the Processing Overview / Appendix 1 to the C2P SCC. Organization may reasonably object to iSportz using a new Sub-Processor by notifying iSportz promptly in writing within ten (10) days after iSportz has provided notice of such change by updating the list of Sub-Processors maintained in the Processing Overview / Appendix 1 to the C2P SCC online, setting out the reasons for its objection. In the event Organization objects to a new sub-processor, as permitted in this Condition 1.4.6, iSportz will use reasonable efforts to make available to Organization a change in the Services or recommend a commercially reasonable change to Organization’s configuration or use of the Services to avoid processing of Organization Data by the objected-to new Sub-processor;

1.4.7 adopt reasonable measures to ensure legally compliant cross-border transfers of Organization Data pursuant to this Agreement as further specified in clause 1.5; and

1.4.8 notify Organization without undue delay of any personal data breach, including any accidental, unlawful or unauthorised destruction, disclosure, loss, alteration or access in relation to Organization Data processed on behalf of Organization.

1.4.9 upon termination or expiry of the Agreement, at Organization’s choice, promptly delete, return or transfer to Organization’s successor all Organization Data.

1.5 INTERNATIONAL DATA TRANSFERS

If and to the extent iSportz’s provision of the iSportz Services involves the transfer of personal data from an Organization established in the European Union, the European Economic Area and/or their member states, Switzerland and the United Kingdom to iSportz in the United States, the SCC shall be deemed to be incorporated by reference in this Agreement and the provisions of the controller to processor module shall apply. Any onward transfers to sub-processors made by iSportz, Inc shall comply with the requirements of the SCC.

If and to the extent iSportz’s provision of the iSportz Services involves the transfer of personal data from iSportz to iSportz in the United States, or to a sub-processor established in a third country that does not ensure an adequate level of protection as defined by applicable Data Protection Legislation, iSportz shall ensure that such transfer complies with applicable Data Protection Law by executing the SCC with the relevant data recipient, using the provisions of the processor to processor module.

Unless otherwise agreed by the parties, where applicable:

1.5.1 Schedules 1, 2 and 3 of this DPA shall apply and be deemed to be Annexes 1, 2 and 3 of the C2P or P2P SCCs;

1.5.2 The optional Docking clause shall apply;

1.5.3 In Clause 9(a) (use of sub-processors), Option 2 (General Written Authorisation) shall apply, and the time period for informing the data exporter of intended changes to the list of sub-processors shall be 30 days;

1.5.4 The optional wording in Clause 11 (Redress) shall not apply;

1.5.5 The following choice of law, forum and jurisdictions shall apply in the following scenarios:

Data Exporter	SCC Clause 17 – Governing Law	SCC Clause 18 – Choice of forum and jurisdiction
Organisation in the EU	Option 2 – the laws of the EU Member State in which the data exporter is established	The courts of the EU Member State in which the data exporter is established
Organisation in UK	Option 1 – the laws of England and Wales	The courts of England and Wales
Organisation in Switzerland	Option 1 – the law of Switzerland	The courts of Switzerland

Nothing in this Agreement shall be construed to prevail over any conflicting clause of the SCCs. Each party acknowledges that it has had the opportunity to review the SCCs. In relation to services provided by iSportz for the benefit of an Organization established in Switzerland, the SCCs will be deemed to be modified to include the corresponding Swiss law references and the terms of such modified SCCs will be incorporated by reference into this DPA.

1.6 PARTNER WARRANTIES

Organization warrants that its collection and processing of Organization Data (including the sharing with iSportz under this DPA) shall comply with applicable Data Protection Legislation and that its instructions to iSportz shall be lawful.

1.7 US State Data Protection Legislation.

Schedule 4 shall apply to iSportz’s processing of Personal Data subject to Data Protection Legislation of US States.

SCHEDULE 1

Processing Overview / Annex 1 to the SCC (processors)

A: LIST OF PARTIES:

Details of data exporters (controllers)

The data exporters will be the legal entities identified as “Organization” in the contract or any applicable order forms

Details of data importers (processors)

Name Address Contact person’s name address and contact details Activities relevant to the data transferred under these clauses

iSportz, Inc. 3218 E. Colonial Drive, Suite G Orlando, FL 32803 privacy@beta.isportz.co

iSportz is a provider of technology and management software and services to the data exporter.

iSportz Pvt Ltd, (1B) 1st Floor at Sri Durga Enclave, Plot no 27B, 2nd Street, River View Residency, Off OMR, Karapakkam, Chennai-600 097 privacy@beta.isportz.co

Name

Address

Contact person’s name address and contact details

Activities relevant to the data transferred under these clauses

iSportz, Inc.

3218 E. Colonial Drive, Suite G Orlando, FL 32803.

privacy@beta.isportz.co

iSportz is a provider of technology and management software and services to the data exporter.

iSportz Pvt Ltd

(1B) 1st Floor at Sri Durga Enclave, Plot no 27B, 2nd Street, River View Residency, Off OMR, Karapakkam, Chennai-600 097

privacy@beta.isportz.co

B. DESCRIPTION OF TRANSFER / PROCESSING OVERVIEW

Categories of data subjects whose personal data is transferred

The personal data transferred concern the following categories of data subjects:

Organization’s Members

2. Categories of personal data transferred

The personal data transferred concern the following categories of data:

Members:

(a) Athletes: Name, date of birth, gender, contact information, information about club membership and membership in sports bodies and associations, ability group, attendance history, competition results, emergency contact, IP addresses and other website and device usage information, as well as any additional comments, notes or information about an athlete submitted by any Member.

(b) Parents / legal guardians or any other athlete’s name, date of birth, and contact details, such as email, phone number and address.

(c) Organization’s Administrators, coaches, volunteers, staff, and club/team managers: Membership in sports bodies and associations, background and/or criminal record checks results for club workforce, depending on role and in accordance with applicable legal requirements.

3. Special Categories of Data / Sensitive Personal Data

iSportz processes some sensitive personal data, such as financial and credit card data, government identification, race, ethnicity, health data, citizenship, geolocation and gender identity, on behalf of the Organizations.

4. The frequency of the transfer

The data is transferred on a continuous basis.

5. Nature of the Processing

The personal data transferred will be subject to the following basic processing activities (please specify):

In order to provide the iSportz Services, iSportz will host, maintain and support a system holding Organization Data. iSportz will grant Organization’s Members electronic access to this system.

6. Purpose of the data transfer and further processing

The purpose of the transfer and processing is as described in paragraph 5 above (nature of the processing).

7. Period for which the personal data will be retained, or, if that is not possible, the criteria used to determine that period

The data importer will retain the personal data for the duration of its agreement with the data exporter or as otherwise specified in the Subscription Agreement, unless instructed by data exporter to return or delete the data at an earlier or later date.

8. Transfers to sub-processors

The authorized sub-processors, and the nature of the processing performed by each one is set out in Schedule 3 / Annex III to the SCCs. The processing shall be for the duration of the agreement with the Organization unless iSportz notifies the Organization of a change in sub-processor pursuant to clause 1.4.6.

C. COMPETENT SUPERVISORY AUTHORITY

This will be the data protection authority that supervises the Organization. In general this will be the data protection authority in the country where the Organization is.

SCHEDULE 2

Annex III to the C2P SCCs – Technical and Organizational Measures

Description of the technical and Organizational security measures implemented by the data importer in accordance with Clauses 4(d) and 5(c) (or document/legislation attached):

This Appendix 2 forms part of the Clauses and must be completed by the parties.

Data importer agrees and warrants that it has implemented and will maintain technical and Organizational measures appropriate to protect personal data against accidental or unlawful destruction or accidental loss, alteration, unauthorized disclosure or access, in particular where the processing involves the transmission of data over a network, and against all other unlawful forms of processing. These measures ensure a level of security appropriate to the risks presented by the processing and the nature, scope, context and purposes of the processing, having regard to the state of the art and the cost of their implementation, including as appropriate: (i) the pseudonymisation and encryption of personal data; (ii) the ability to ensure the ongoing confidentiality, integrity, availability and resilience of processing systems and services; (iii) the ability to restore the availability and access to personal data in a timely manner in the event of a physical or technical incident; and (iv) a process for regularly testing, assessing and evaluating the effectiveness of technical and Organizational measures for ensuring the security of the processing.

The measures data importer has taken include, as appropriate and without limitation:

Implementation of and compliance with a written information security program consistent with established industry standards and including administrative, technical, and physical safeguards appropriate to the nature of personal data and designed to protect such information from: unauthorized access, destruction, use, modification, or disclosure; unauthorized access to or use that could result in substantial harm or inconvenience to the data exporter, its customers or employees; and any anticipated threats or hazards to the confidentiality, security, availability or integrity of such information.
Adopting and implementing appropriate policies and standards related to security;
Assigning responsibility for information security management;
Devoting adequate personnel resources to information security;
Carrying out verification checks on permanent staff who will have access to personal data;
Conducting appropriate background checks and requiring employees, vendors and others with access to the personal data to enter into written confidentiality agreements;
Conducting training to make employees and others with access to personal data aware of information security risks and to enhance compliance with data importer’s policies and standards related to data protection;
Preventing unauthorized access to the personal data through the use, as appropriate, of physical and logical (passwords) entry controls, secure areas for data processing, procedures for monitoring the use of data processing facilities, built-in system audit trails, use of secure passwords, network intrusion detection

technology, encryption and authentication technology, secure log-on procedures, and virus protection, monitoring compliance with data importer’s policies and standards related to data protection on an ongoing basis. In particular, data importer has implemented and complies with, as appropriate and without limitation:

a. Confidentiality

(1) Physical access control measures to prevent unauthorized access to data processing systems (e.g., access ID cards, card readers, desk officers, alarm systems, motion detectors, burglar alarms, video surveillance and exterior security);

(2) Denial-of-use control measures to prevent unauthorized use of data protection systems (e.g., automatically enforced password complexity and change requirements, firewalls, etc.);

(3) Requirements-driven authorization scheme and access rights, and monitoring and logging of system access to ensure that persons entitled to use a data processing system have access only to the data to which they have a right of access, and that personal data cannot be read, copied, modified or removed without authorization (virtual access controls);

b. Integrity

(1) Data transmission control measures to ensure that personal data cannot be read, copied, modified or removed without authorization during electronic transmission, transport or storage on data media, and transfer and receipt of records. In particular, data importer’s information security program shall be designed (transfer control):

i. To encrypt in storage any data sets in data importer’s possession, including sensitive personal data.

ii. To ensure that any sensitive personal data transmitted electronically (other than by facsimile) to a person outside data importer’s IT system or transmitted over a wireless network is encrypted to protect the security of the transmission.

(2) Data Entry control measures to ensure data importer can check and establish whether and by whom personal data has been input into data processing systems, modified, or removed (input control);

c. Availability and resilience

Availability control includes measures to ensure that personal data are protected against accidental destruction and loss.

d. A process for regularly testing, assessing and evaluating

(1) Organizational control

(2) Privacy by default

(3) Subcontractor supervision measures to ensure that, in the case data importer is permitted to use sub-processors, the data is processed strictly in accordance with the controller’s instructions including, as appropriate and without limitation;

i. Measures to ensure that personal data is protected from accidental destruction or loss including, as appropriate and without limitation, data backup, retention and secure destruction policies; secure offsite storage of data sufficient for disaster recovery; uninterrupted power supply, and disaster recovery programs;

ii. Measures to ensure that data collected for different purposes can be processed separately including, as appropriate and without limitation, physical or adequate logical separation of client data.

9. Taking such other steps as may be appropriate under the circumstances.

SCHEDULE 3

Annex III to the C2P SCCs – LIST OF SUB-PROCESSORS

The Sub-Processors iSportz engages vary depending on the Software and Services the Organisation receives and the country where they are located. The Organisation has authorised the use of the following sub-processors.

View the full list of sub-processors

SCHEDULE 4

Addendum for the Processing the Data of United States Residents

iSportz shall not, without Organization’s prior written consent, process Organization’s Personal Data for any independent purposes including outside the direct relationship with the parties, any purposes that are unrelated to providing the Services, or for the commercial benefit of iSportz or any of iSportz’s other clients (to the extent permitted under Data Protection Legislation, detecting data security incidents, exercising and defending claims, and protecting against fraudulent or illegal activity are not considered commercial benefits).
iSportz shall not sell or share (as such terms are defined in applicable Data Protection Legislation) Organization Personal Data.
iSportz shall not combine Organizational Personal Data with or match Organization Personal Data to Personal Data from its own or third parties’ interactions with an individual.
iSportz shall comply with the obligations of CPRA and shall provide at least the same level of privacy protection as required by CPRA.
iSportz shall inform Organization if it makes a determination that it cannot meet the requirements of this Addendum or Data Protection Legislation.
Organization shall have the right to take reasonable and appropriate steps to help ensure that iSportz uses Organization Personal Data in a manner consistent with Organization’s obligations under Data Protection Legislation.
Organization shall have the right, upon notice, to take reasonable and appropriate steps to stop and remediate the unauthorized use of Organization Personal Data.
If Organization directs iSportz to cease or limit processing of sensitive information (as defined by Data Protection Legislation) provided by Organization to iSportz, then it shall promptly do so, and cause its personnel to do the same.
iSportz shall regularly review the security measures it has implemented to protect Organization Personal Data so as to ensure their appropriateness with regard to risk to the rights and freedoms of natural persons, which may evolve over time.
iSportz shall permit Organization to carry out ongoing manual reviews and automated scans for the purpose of monitoring iSportz’s compliance with this Addendum.
iSportz certifies that it understands and will comply with the requirements and restrictions in this Addendum.

PROFESSIONAL SERVICE AGREEMENT

This Professional Service Agreement (“Agreement”) governs Client’s acquisition and
use of iSportz services based on the terms as defined herein. If the individual accepting
this Agreement is accepting on behalf of a company or other legal entity, such individual
represents that they have the authority to bind such entity and its affiliates to these
terms and conditions, in which case the term “Client” shall refer to such entity and its
affiliates. If the individual accepting this agreement does NOT have such authority, or
does NOT agree with these terms and conditions, such individual must not accept this
Agreement and may not use the services.

This Agreement was last updated on June 26, 2023. It is effective between Client and
iSportz Inc. as of the date of Client’s acceptance.

In consideration of the mutual covenants and agreements set forth herein, the parties
agree as follows:
1. Services & Statements of Work
a. Client hereby retains iSportz to perform services for Client as specified in the
Statement(s) of Work in the applicable Professional Services Agreement, Work Order,
Change Order or other such Agreement executed between the parties (the “Services”).
Each Statement of Work that is executed between Client and iSportz will be governed
by this Agreement. The Statement of Work will set forth the work product to be
produced by iSportz (“Deliverables”). iSportz understands that prompt performance of
the Services is required by Client in order to meet its schedules and commitments.

b. Client may modify the Statement of Work (or any provision thereof) by a written
change order (“Change Order”) delivered to iSportz. If Client modifies by Change Order
the scope of Services, and iSportz accepts such changes, iSportz will perform such
Services and the charges for such Services, and other terms and conditions of
performance, will be governed by this Agreement and the provisions of such Change
Order.

c. iSportz acknowledges and agrees that the Statement of Work is the only
authorization for iSportz to act or provide Services relating to any project. Client will not
be obligated to pay for Services prior to Client having signed a valid and complete
Statement of Work. In the event of any direct conflict in the terms or conditions between
the Statement of Work and this Agreement, the terms of this Agreement will control
unless the specific section of this Agreement is overridden in the Statement of Work. In
such event, the specific term(s) will be overridden for that Statement of Work only and
will not constitute an amendment to the Agreement.

2. Invoicing & Payment
Client agrees to release the payments to iSportz within the time period specified in the
applicable Professional Services Agreement, Work Order, Change Order or other such
Agreement executed between the parties. Invoices will be raised immediately on
successful completion of the work as per agreed milestone(s).

3. Intellectual Property
All rights in and to any information, materials, inventions and discoveries of any kind
developed by iSportz and/or its personnel solely or jointly with Client pursuant to this
Agreement (“Proprietary Information”) will be owned solely and exclusively by iSportz.
Proprietary Information will include any and all patent, trademark, copyright, trade secret
and other proprietary rights of any kind whatsoever, any and all works in any medium
whatsoever that refer to, relate to, incorporate, include, analyze or utilize such
Proprietary Information.

4. Personnel
iSportz will provide qualified personnel to complete the Services specified in the
Statement of Work. Unless otherwise set forth in the Statement of Work, each of the
personnel will devote his full knowledge, skill and time to performing the applicable
Services.

5. Confidentiality
a. iSportz acknowledges that it may, in the course of performing its responsibilities
under this Agreement, be exposed to or acquire information which is proprietary to or
confidential to Client or its affiliated companies or their clients or to third parties to whom
Client owes a duty of confidentiality. Any and all non-public information of any form
obtained by iSportz or its employees in the performance of this Agreement including,
without limitation, the Proprietary Information (together the “Confidential Information”)
will be deemed to be confidential and proprietary information. iSportz agrees to hold the
Confidential Information in strict confidence.

b. iSportz and Client additionally mutually agree that iSportz or Client will not publicize,
disclose or allow disclosure of any information about each other, its present or former
directors, officers, employees, agents or clients, it’s or their business and financial
affairs, personnel matters, operating procedures, organization responsibilities,
marketing matters and policies or procedures, with any reporter, author, producer or
similar person or entity, or take any other action seeking to publicize or disclose any
such information in any way likely to result in such information being made available to
the general public in any form, including books, articles or writings of any other kind, as
well as film, videotape, audiotape or any other medium.

c. In the event that iSportz receives a request to disclose all or any part of any
confidential or proprietary information under a subpoena, or inquiry issued by a court of
competent jurisdiction or by a judicial or administrative agency or legislative body or
committee, iSportz agrees to (i) immediately notify Client of the existence, terms and
circumstances surrounding such request, (ii) consult with Client on the advisability of
taking legally available steps to resist or narrow such request and cooperate with Client
on any such steps it considers advisable, and (iii) if disclosure of the Confidential
Information is required or deemed advisable, exercise its best efforts to obtain an order,
stipulation or other reliable assurance acceptable to Client that confidential treatment
will be accorded to such portion of the Confidential Information to be disclosed.

6. Warranties
iSportz represents and warrants that:
a) iSportz has the right to enter into this Agreement and perform its obligations
herein;

b) iSportz will comply with all applicable laws and regulations including but not
limited to Information Technology Act and rules/regulations made thereunder,
Export Regulations, Data Protection, Health and Safety, Employee related rules
or Misuse of Computers that may be applicable and which may be set forth in the
statement of work;

c) iSportz and its personnel have all necessary rights, authorizations, or licenses to
provide the Services hereunder and to provide all related materials and services
required under this Agreement or any agreement entered into pursuant hereto;

d) Each of iSportz’ personnel assigned to perform Services under any Statement of
Work will have the proper skill, training and background and will perform in a
competent, workmanlike and professional manner;

e) Each and every Deliverable contemplated by a Statement of Work will be
provided in a manner consistent with good commercial practice, will conform to
the specifications for same as mutually agreed to in writing by Client and iSportz,
will meet the functional, performance and reliability requirements of Client and
will comply with such acceptance test and standards established by Client.

f) Its personnel engaged in the provision of the Services will at all times during the
term of this Agreement
i. Act diligently, ethically, soberly and honestly.
ii. Not take or use any drug unless prescribed by a medical practitioner or
lawfully available without prescription and used in accordance with directions.
iii. Comply with all procedures, rules, regulations, standards of conduct and
lawful directions of Client under this Agreement or in respect of use of its
premises, equipment, business ethics or methodology, or contact with its staff or
customers.

g) h. That in connection with or in the performance of the obligations under this
agreement neither iSportz nor any of its directors, officers, employees, agents or
other representatives shall either directly or indirectly make or attempt to make
any payment, offer for payment, or offer or promise to make any payment or take
or attempt to take or agree to take in currency, property or anything else of value
including any commission, payments, share in profits or commission, loans,
services to any Government official, third person, customer or potential customer
or previous customer, firm, entity, individual, organization of Client or any third
Party in seeking or for making a favor in the course of conduct of business, either
in violation of applicable law or in violation of Client’s Business Ethics or Integrity
Policy or any applicable Statute or Regulation of the United States of America.

7. Indemnification
Each party will, except to the extent disclaimed in this Agreement, indemnify and hold
the other party harmless from and against all costs and expenses, including reasonable
attorney’s fees and the reasonable costs of investigation from:

a. Claims for personal injury or property damage to the extent caused by an indemnified
party’s negligence in the performance of its obligations under this Agreement

b. Claims for bodily injury to the extent covered by the indemnifying party’s workers’
compensation insurance

c. A breach of the indemnifying party’s obligations under this Agreement

8. Taxes
Fees and expenses under this Agreement are stated Exclusive of all applicable taxes
including state and local use, service, sales, property and similar taxes (“Taxes”).

9. Term, Termination & Survival
a. Once this Agreement has been executed, Client and iSportz have agreed that either
Client or iSportz can terminate it by giving Sixty (60) days’ written notice of such
termination to the other, unless it is an annual Managed Services contract which can be
cancelled at the end of the term. Also, Client and iSportz have agreed that either Client
or iSportz will have the option to terminate this Agreement immediately if the other
materially breaches any of its provisions. Client will remain liable to pay any unpaid
charges.

b. This Agreement is entered into for a period of one year from the date of execution but
gets renewed until and unless it is terminated.

c. Any terms or conditions of this Agreement which by their express terms extend
beyond termination or expiration of this Agreement or which by their nature will so
extend will survive and continue in full force and effect after any termination or
expiration of this Agreement.

10. Assignment
Neither Party may assign its rights and/or obligations under this Agreement without the
other party’s prior written consent, such consent not to be unreasonably withheld;
provided however that Client may assign this Agreement without any consent to any
entity that succeeds to all or substantially all of the business or assets or capital stock of
Client, whether by sale, merger, reorganization, consolidation or otherwise. Subject to
the foregoing, this Agreement inures to the benefit of and is binding upon the permitted
successors and assigns of the Parties.

11. Waiver; Section Headings
a. Either party’s failure to insist on strict performance of any term of this Agreement or
failure to take advantage of any of its rights with respect to this Agreement will not
operate to excuse performance or waive any such right at any future time.

b. The numbered section headings are for reference purposes only and do not have
contractual or binding effect.

12. Notices
Except as otherwise provided in this Agreement, whenever notice, demand or other
communication will or may be given to either party in connection with this Agreement, it
will be in writing and will be sent by certified mail, postage prepaid, return receipt
requested or by overnight express carrier with established tracking capability, such as
FedEx or UPS, and will be sent to the addresses listed at the top of in the applicable
Professional Services Agreement, Work Order, Change Order or other such Agreement
executed between the parties (or to such other address or addresses as may be from
time to time hereinafter designated by the parties).

13. Severability of Terms
If any provision of this Agreement or any Statement of Work is held invalid or
unenforceable by an arbitrator, the remaining provisions of this Agreement or such
Statement of Work will not be affected. In such event, the invalid or unenforceable
provision will be replaced by a mutually acceptable provision that comes closest to the
original intent of the parties or will be modified by the arbitrator to conform to the most
expansive permissible reading under the law consistent with the intention of the parties
expressed in the unenforceable provision.

14. Governing Law
This Agreement will be governed by and interpreted under the laws of Florida without
regard to its conflict of laws principles. The jurisdiction will be Seminole County, Florida.

15. Publicity
iSportz will not publicize the existence of this Agreement or any of the Services
performed hereunder without Client’s express written consent.

16. Force Majeure
a. In no event will either party be liable to the other for any delay or failure to perform
hereunder, which delay or failure to perform is due to causes beyond the control of said
party including, but not limited to, acts of God; acts of the public enemy; acts of
government, or any State, territory or political division of the government; fires; floods;
epidemics; quarantine restrictions; strikes; terrorist actions; and freight embargoes.

b. In every case the delay or failure to perform must be beyond the control and without
the fault or negligence of the party claiming excusable delay, and the party claiming
excusable delay must promptly notify the other party of such delay.

c. Performance times under this Agreement or under any Statement of Work will be
considered extended for a period of time equivalent to the time lost because of any
delay which is excusable under this section; provided, however, that if any such delay
continues for a period of more than sixty (60) days, the party not claiming excusable
delay will have the option of terminating this Agreement or the applicable Statement of
Work, upon notice to the party claiming excusable delay.

17. Dispute Resolution
a. All disputes or controversy arising out of, relating to, or concerning any, construction,
performance or breach of this Agreement, shall be arbitrated in Seminole County,
Florida.

b. Limited discovery will be permitted in connection with the arbitration upon agreement
of the parties or upon a showing of need by the party-seeking discovery. All aspects of
the arbitration will be confidential. Neither the parties nor the arbitrator may disclose the
existence, content or results of the arbitration, except as necessary to comply with legal
or regulatory requirements.

c. Attorneys’ fees will be borne by the respective parties thereto. The costs of arbitration
will be borne equally by the parties. The foregoing notwithstanding, the parties will be
free to pursue injunctive relief and restraining orders relating to the parties’ proprietary
rights and confidentiality obligations as stated above in the competent
Courts. Judgment on any arbitration award may be entered in any court having proper
jurisdiction. Each party will promptly pay its share of all arbitration fees and costs
(provided that such fees and costs shall be recoverable by the prevailing party as
determined by the arbitrator). If a party fails to pay such share promptly upon demand,
the arbitrator shall, upon written request by the other party, enter a final and binding
decision against the nonpaying party for the full amount of such share, together with an
award of attorney’s fees and costs incurred by the other party in obtaining such
decision, which decision may be entered in any court of competent jurisdiction.

18. Non-Solicitation
Client and its affiliates or its employees/contractors/subcontractors will not, during the
term of this Agreement and for a period of two (2) years thereafter directly or indirectly,
solicit, recruit, employ or hire the employees of iSportz without written consent.

19. Interpretation
The Parties acknowledge and agree that they have mutually negotiated the terms and
conditions of this Agreement and that any provision contained herein with respect to
which an issue of interpretation or construction arises shall not be construed to the
detriment of the drafter on the basis that such party or its professional advisor was the
drafter.

20. Counterparts:
This Agreement may be executed in several counterparts. Each of the counterparts
shall be deemed an original. All of the executed counterparts together shall be deemed
one and the same instrument.

21. Rights to Injunctive Relief:

The parties acknowledge that remedies at law may be inadequate hence, that the

nonbreaching party shall therefore be entitled to seek injunctive relief in the event of any
such material breach with reference to confidentiality, non-solicitation.

22. Good faith:
Under this agreement, the actions of the parties shall be deemed as action in good faith
(bona fide) unless there is evidence to the contrary.

23. Consent:
The contracting parties of this agreement give their consent which is not only free but
also legal and voluntary in nature, for the purposes of entering in to this contract.

24. No Representations:
There are no agreements, restrictions, promises, warranties, covenants or undertakings
express or implied, relating to the subject matter of this Agreement other than those
expressly set forth herein.

25. Entire Agreement
This Agreement is incorporated by reference as part of the Professional Services
Agreement, Work Order, Change Order or other such Agreement executed by the
parties and together they constitute the final, entire and exclusive agreement among the
parties with respect to its subject matter. No modification or waiver of the provisions of
this Agreement will be valid unless it is in writing and signed by authorized
representatives of the parties. Email communications between the parties will not
constitute a valid waiver or modification to this Agreement.

iSportz Service General Terms and Conditions

PLEASE READ THIS AGREEMENT CAREFULLY TO ENSURE THAT YOU UNDERSTAND EACH PROVISION. THIS AGREEMENT CONTAINS A MANDATORY INDIVIDUAL ARBITRATION PROVISION AND CLASS ACTION/JURY TRIAL WAIVER THAT REQUIRES THE SOLE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS.

1. Applicability.

These Terms of Service (these “Terms” or this “Agreement”) govern the access and use of the website https://beta.isportz.co/sports/ (the “Website”), and the mobile applications, software and services hosted by, or accessible from the Website (the foregoing, collectively the “Platform”) made available by iSportz Inc, a Delaware corporation (or the reseller, affiliate or agent of iSportz Inc. listed in the Pricing Agreement (defined below)) (“iSportz”) to the individual, business, or other organization subscribing to the Platform as set forth in a Pricing Agreement (defined below) (the “Customer”).

2. Access and Use.

2.1 Access. Subject to and conditioned on Customer’s payment of all fees and other charges (as applicable, and as more specifically described in a Pricing Agreement) and subject to compliance with all other terms and conditions of this Agreement, iSportz hereby grants Customer a non-exclusive, non-transferable right to access and use the Platform during the Term, solely for internal use by Customer’s employees, consultants, contractors, members, stakeholders and agents (a) who are authorized by Customer to access and use the Platform under the rights granted to Customer pursuant to this Agreement and (b) for whom access to the Platform has been purchased hereunder (“Authorized Users”). Customer is solely responsible for ensuring that Customer and its Authorized Users secure their user identity (user name and password) (“User Identity”) and do not share their User Identity with others. Using, or permitting the use of, the Platform under a User Identity not actually assigned to a particular individual is prohibited. In addition to Customer agreeing to these Terms, Customer hereby expressly agrees to iSportz’ Privacy Policy posted at http://iSportz.co/legal-privacy; iSportz’ Children’s Privacy Policy posted at https://iSportz.co/legal-COPPA; iSportz’ Terms of Service posed at http://iSportz.co/legal-terms and iSportz’ User Support Policies posted at https://beta.isportz.co/sports/legal_docs/user-support-policies/ (collectively, the “iSportz Policies”), as such iSportz Policies may then be in effect and as such iSportz Policies may be updated from time to time by iSportz, each of which are incorporated herein by reference. Customer shall be responsible for its Authorized Users’ use of the Platform and compliance with the terms and conditions of this Agreement and the iSportz Policies. Customer agrees that the Platform will be used solely for the purposes and functions contemplated in this Agreement and the iSportz Policies.

2.2 Use Restrictions. Customer agrees to use the Platform solely to access and use the Platform and to provide access to its Authorized Users. Customer shall not use the Platform for any purposes beyond the scope of the access granted in this Agreement. Customer will not modify, copy, publish, retransmit, participate in the transfer or sale of, create derivative works of, distribute, sublicense, make available, perform or display the Platform or any intellectual property or other material owned, licensed or developed by iSportz, including but not limited to any software, source code, object code, databases, information, communications, graphics or sounds. Customer shall not and shall not allow others under any circumstances to: copy the Platform; sublicense, distribute, modify, adapt, translate, reverse engineer, decompile, disassemble, or prepare derivative works based on the Platform; bypass or breach any security device or protection used by the Platform; input, upload, transmit, or otherwise provide to or through the Platform, any information or materials that are unlawful or injurious, or contain, transmit, or activate any harmful code; remove, delete, alter, or obscure any trademarks, terms, warranties, or disclaimers, or any copyright, trademark, patent, or other intellectual property or proprietary rights notices from the Platform; use or allow use of the Platform after the termination or expiration of this Agreement, except pursuant to a separate valid license; allow others to use, copy, or access the Platform in connection with a service bureau, application service provider, public computer bulletin board, shareware or timeshare process, or any similar business or service; access, use, or disclose the Platform source code; remove, obscure or alter any copyright or other proprietary rights notices included in or affixed to the Platform; sell, license, disclose, or distribute the Platform, any Service, or any product designed or intended for use with or in competition with the Platform; publish or disclose the results of any benchmark tests relating to the Platform; use the Platform in applications or systems when failure of the Platform to perform could reasonably be expected to result in serious physical injury, loss of life, or material damage to property; or use the Platform in any manner or for any purpose that infringes, misappropriates, or otherwise violates any intellectual property right or other right of any person or entity, or in any manner that violates any applicable law.

2.3 Pricing Agreement. iSportz and Customer will delineate the services to be provided to the Customer and its Authorized Users (the “Services”) in one or more separate pricing agreements, statements of work, or service orders (each a “Pricing Agreement”) which, among other things, shall provide that Customer will pay the fees and other charges described in such Pricing Agreement in exchange for the Services to be provide on the Platform as stated therein. Each Pricing Agreement shall be incorporated herein by reference.

2.4 Ownership and Intellectual Property. iSportz reserves all rights not expressly granted to Customer in this Agreement. Except for the limited rights expressly granted under this Agreement, nothing in this Agreement grants to Customer or any third party, by implication, waiver, estoppel, or otherwise, any intellectual property rights or other right, title, or interest in or to the Platform or the Services, or any content accessible therefrom. All right, title and interest in and to the Platform and the Services and all other information, data, documents, materials, works, and other content, devices, methods, processes, hardware, software, and other technologies and inventions, including any deliverables, technical or functional descriptions, requirements, plans, or reports, that are provided or used by iSportz or its agents in connection with the Platform or otherwise comprise or relate to the Services or the Platform are the sole property of iSportz and its successors and assigns, including any modifications thereto. In furtherance of the foregoing, Customer hereby unconditionally and irrevocably grants to iSportz an assignment of all right, title, and interest in and to any and all data and information related to Customer’s use of the Platform that is used by iSportz in an aggregate and anonymized manner, including to compile statistical and performance information related to the provision and operation of the Platform, and including all intellectual property rights relating thereto.

2.5 Suspension. iSportz reserves the right, without notice, (i) to revoke Customer’s or any of its Authorized Users’ User Identity; (ii) to require Customer or any of its Authorized Users to change its User Identity; or (iii) to deny, limit, suspend, or terminate access to the Platform or any portion thereof, for security purposes, for violation of this Agreement, including the iSportz’ Policies, for compliance with or enforcement of any applicable law or any order or proceeding of a governmental authority, at the time of expiration or termination of this Agreement, if iSportz believes Customer or any Authorized User is, has been, or is likely to be involved in any fraudulent, misleading, or unlawful activities, or if Customer ceases business, has made an assignment for the benefit of creditors or similar disposition of its assets, or becomes the subject of any bankruptcy, reorganization, liquidation, dissolution, or similar proceeding.

2.6 Organizational Decisions. If Customer is an Organization or is using the Services on behalf of an Organization, “Customer” as used herein, shall mean the Organization. As used herein “Organization” means a national, state or local sports governing body, league, club, team, company university, school, conference or other institution, organization or entity including but not limited to those who host and/or conduct tournaments or other events. iSportz is not responsible for an Organization’s administration (e.g., coaching decisions, team selections, Organization refund policies, Organization terms, etc.). An Organization’s use of the Platform does not imply iSportz’ approval or endorsement of such Organization, its rules, policies, or its actions on the Platform. All questions and disputes with Organization administration and policies should be directed to the Organization, and each Organization shall defend and hold iSportz harmless with respect to all disputes arising from or relating to the Organization’s administration.

2.7 Communications Costs of Customer. Customer is solely responsible for all of Customer’s internet, communication, device and other equipment, and any other costs associated with Customer’s use of the Platform. Use of the Platform may impact Customer’s cellular data usage or other data plan.

2.8 Third-Party Products. iSportz may from time to time make third-party products incorporated into or accessible from the Platform (“Third-Party Products”) including, without limitation, the Processing Services (defined below). For purposes of this Agreement, such Third-Party Products are subject to their own terms and conditions, and Customer agrees to abide by such terms and conditions or, if Customer does not agree to abide by the applicable terms and conditions for any such Third-Party Products, then Customer should not install or use such Third-Party Products. All right, title and interest in and to the Third-Party Products are the sole property of the applicable third-parties. All Third-Party Products are provided “as is” and iSportz makes no representation or warrant as to such Third-Party Products.

2.9 Modifications. iSportz retains the right, in its sole discretion, to update, enhance, modify amend, or supplement the Services or the Platform at any time (“iSportz’ Modifications”). It shall be in ISportz’ sole discretion to determine which iSportz’ Modifications Customer receives. If Customer wants to add additional features beyond the features included in the Platform or have iSportz provide specific design, development or implementation services, Customer agrees to pay costs and fees for such features and services when charged by iSportz. iSportz will present Customer a separate statement of work confirming the details of the work, the estimated timeline to implement and the cost associated with the project (“SOW”). iSportz will proceed once both ISportz and Customer agree to and execute the SOW. Once the SOW is acknowledged, it will be deemed to be an amendment to this Agreement.

2.10 Service Levels and Support. Subject to the terms and conditions of this Agreement, iSportz will use commercially reasonable efforts to provide the service levels and the support services set forth in the User Support Policies.

3. Payment Processing and Other Fees

3.1 Platform and Services Fees.

a. In consideration for the rights granted to Customer under this Agreement, Customer agrees to pay certain fees related to Customer’s use of or access to the Platform and all applicable Services, including but not limited to registration processing fees, charge amounts, annual fees, one-time fixed fees, ongoing and credit card processing fees, and/or other applicable fees at the rates in effect when such fees are incurred (collectively, “Fees”). The rates for these Fees are outlined in the Pricing Agreement. Any Fees charged by iSportz for the Platform or any Services are non-refundable. Customer is responsible for paying all sales, use, and excise taxes, and any other similar taxes, duties, and charges of any kind imposed by any federal, state, or local governmental or regulatory authority on any amounts payable by Customer hereunder, other than any taxes imposed on iSportz’ income.

b. If iSportz presents Customer an invoice for Fees incurred for use of the Platform or for any Service rendered by iSportz, such invoices shall be immediately due and payable upon receipt. On the date that is 30 days following the invoice date, such Fees shall be subject to late fees and interest at a monthly rate of one percent (1%) or such lower amount as may be required by applicable law.

c. From time to time, iSportz may offer the opportunity to access subscription-based Services. For such subscription-based services, you shall elect to pay recurring subscription Fees by means of automatic ACH deductions from your account on file or by means of recurring credit card transactions or such other means as iSportz may offer at inception of the subscription-based Services. In addition, Fees may also be charged through third party payment systems, app-stores utilized by iSportz, or otherwise through the Platform. All Fees paid for the Services are non-refundable, regardless of whether Customer actually uses the Services. If Customer registers for a recurring subscription, Customer will continue to be charged for the Services until Customer cancels the Services. Customer may cancel a recurring subscription at any time by emailing support@iSportz.co and including the name and email address associated with Customer’s account. Some cancellations may require Customer to contact the third-party app-store where Customer registered for the recurring subscription. Cancellation of Customer’s subscription will not release Customer from Customer’s responsibility to pay all Fees and other charges incurred prior to cancellation. ISportz reserves the right to issue refunds or credits in its sole discretion. If ISportz issues a refund or credit, it is under no obligation to issue the same or similar refund in the future. All questions and requests related to the Services shall be submitted to info@iSportz.co.

3.2 Payment Processing.

a. Transactions conducted through the Platform, including transactions between iSportz and the Customer, or transactions between or among Customer and Organizations, Authorized Users, or other third parties, may involve the use of credit & debit card processing services (“Processing Services”). iSportz and Customer agree that all transactions associated with Customer that are conducted on the Platform or related to the Services and other uses of the Platform, including but not limited to, all related processing from enterprise platform, membership management, events registration, learning management, websites, mobile applications, sports management related club, team, league, fans & members (even if white labelled sites or apps through the Customer) and any P2P payments, will be processed through the Platform. iSportz is not a merchant bank or payment processor, but may engage third parties to provide or facilitate the Processing Services. Transactions may incur or be subject to additional charges for use of the Processing Services for which Customer will be responsible. Such transactions may also be subject to additional terms and conditions from the third-party service providers and Customer agrees to provide all necessary account information and to and comply with such third-party terms and conditions in order to receive the relevant Processing Services facilitating such transactions.

b. All payments for transactions conducted on the Platform will be processed via the Platform and will be received and held by iSportz (unless Customer has set up Customer’s own third-party merchant). iSportz will transfer all applicable third-party fees and charges of the Organization or other intended recipient to such designated recipient’s account through Automated Clearing House (“ACH”) transfer. iSportz will automatically debit against the designated recipient’s account all applicable Fees, taxes, or other governmental charges, and/or any applicable return or chargeback fees incurred by iSportz arising from the processing and/or resolution of any return or chargeback claim relating to the transaction. All Fees debited by iSportz are non-refundable. Remittances in accordance with the foregoing process shall be made not less frequently than weekly. Customer is responsible for presenting or re-presenting to the card issuer any challenge Customer may wish to bring to any return or chargeback claim. Customer agrees at Customer’s own expense to assist iSportz when iSportz is requested to investigate any transactions processed through the Platform that are the subject of a return or chargeback claim; however, iSportz shall have no obligation to conduct any such investigation. In the event of a return or chargeback claim, Customer is responsible for collecting any unpaid fees or charges directly from the party initiating the chargeback. iSportz may charge an administrative fee with regard to any chargeback claim, regardless of the resolution outcome.

c. If Customer makes a payment to an Organization or other Customer or Authorized User via the Platform, Customer agrees that such transaction is between Customer and that Organization, Customer, or Authorized User, notwithstanding iSportz rights to impose and debit Fees on such transactions; therefore, any refund requests or other disputes arising from or related to such transactions, including without limitation unauthorized or incorrect charges, must be made directly to such Organization, Customer, or Authorized User and Customer agrees to hold iSportz harmless from such dispute. Customer agrees to contact iSportz in the event of a dispute before initiating a chargeback or return with Customer’s bank. In the event Customer makes any chargeback claim, iSportz may contact Customer and the other party with regard to the claim.

4. Data.

4.1 Ownership of Data. As between the parties, Customer shall own all pre-existing data, intellectual property, and other content that is contributed by Customer and Customer’s Authorized Users to the Platform (including any participant and registration information, membership information, statistics, credit card information and other commerce-related information, brands, logos, names, biographical information, names, and likenesses, and other content provided by Customer or its Authorized Users (“Customer Data”)). Customer Data collected in the Platform shall be subject to the iSportz’ Policies. Customer agrees that iSportz may, in its sole discretion, require any users of the Platform, including Customer’s Authorized Users, to expressly agree to the ISportz Policies during the member/user signup process or any time thereafter as a condition of accessing the Platform and receiving the Services. Customer hereby grants iSportz a non-exclusive, fully paid, royalty-free, perpetual, worldwide, irrevocable right and license to use, display, reproduce, modify, adapt, enhance, improve, create derivative works of, edit, translate, and distribute the Customer Data, in any manner permitted in the iSportz Policies, and otherwise as necessary to perform the obligations of this Agreement, perform the Services, operate the Platform, and to comply with applicable law. Customer represents and warrants that all Customer Data that is provided by Customer or on Customer’s behalf, or by its Authorized Users, or uploaded, stored, processed, contained included and/or integrated into the Platform by Customer or on Customer’s behalf, or by its Authorized Users has been collected in accordance with applicable laws and with Customer’s and all required third parties’ full consent, and does not violate the intellectual property, publicity, or privacy rights of any third party. iSportz may, contact or communicate with Customer’s Authorized Users regarding their individual user accounts, their login credentials, updates to the iSportz Policies or their access to and use of the Services or other features, services and products relevant to their use of the Platform.

4.2 Use of Data in Connection with Services. iSportz may use any Customer Data, and any other data and information collected or managed by iSportz through the Platform (e.g., player registration and e-commerce data) (collectively, the “User Data”), to notify Customers and other users of information relevant to the products and services of iSportz and its vendors and business partners, for other advertising and marketing purposes and for such other purposes as may be permitted by law and the iSportz Policies. iSportz disclaims all warranties as to the availability of the Customer Data and other User Data. iSportz shall have no liability or responsibility in the event that such User Data is deleted or removed from the Platform.

4.3 Child User Data. No Customer or Authorized User may upload, store, process, or otherwise transmit or share on the Platform any data or information that relates to children under the age of 13 (“Child Users”), unless such Customer or Authorized User is the parent or legal guardian of such Child User and such Customer or Authorized User expressly consents to: (i) the publication and display of such Child User’s information on the Platform, and (ii) iSportz’ use of the Child User’s information as otherwise permitted of all Customer Data hereunder. The transmission and use of all personal information of Child Users is subject to the iSportz Policies including the Children’s Privacy Policy.

5. Term, Termination and Transition.

5.1 Term. The term of this Agreement commences upon your first accessing the Platform, and unless terminated earlier as set forth in Section 5.2, shall continue for so long as you are subscribed to receiving any Services as set forth in a Pricing Agreement, or for so long as you otherwise continue to access the Platform (the “Term”). Specific Services may be cancelled as set forth in the Pricing Agreement. Cancellation of Services or termination of a Pricing Agreement does not terminate any other Pricing Agreement or the Term of this Agreement.

5.2 Termination. This Agreement may be terminated as follows:

a. either party may terminate this Agreement, effective on written notice to the other party, if the other party materially breaches this Agreement, and such breach: (i) is incapable of cure; or (ii) being capable of cure, remains uncured thirty (30) days after the non-breaching party provides the breaching party with written notice of such breach;

b. iSportz may terminate this Agreement, effective on written notice to Customer, if Customer: (i) fails to pay any amount when due hereunder, and such failure continues more than fifteen (15) days after iSportz’ delivery of written notice thereof; or (ii) breaches any of its obligations under Sections 2.2, 2.4, 2.6, 4, 6, or 7; or

c. either party may terminate this Agreement, effective immediately upon written notice to the other party, if the other party: (i) becomes insolvent; (ii) files, or has filed against it, a petition for voluntary or involuntary bankruptcy or otherwise becomes subject, voluntarily or involuntarily, to any proceeding under any domestic or foreign bankruptcy or insolvency law; (iii) makes or seeks to make a general assignment for the benefit of its creditors; or (iv) applies for or has appointed a receiver, trustee, custodian, or similar agent appointed by order of any court of competent jurisdiction to take charge of or sell any material portion of its property or business.

5.3 Effect of Termination. Upon expiration or termination of this Agreement for any reason, (a) Customer agrees to pay all Fees and other charges due and owing under this Agreement, and (b) Customer’s rights to the Platform and all Services shall terminate and Customer shall make no further use of the Platform whatsoever. Any expiration or termination of this Agreement shall not release Customer from its duty to pay any amount which may be then or with the passage of time will become owing to iSportz and immediately upon the expiration or termination of this Agreement, all such amounts will accelerate and become due and Customer shall pay to iSportz any and all amounts that are or with the passage of time will become due and payable. Customer acknowledges that upon disconnection from the Platform, Customer shall no longer be able to use the features of the Platform including Customer’s widgets, provided however that Customer Data may be accessible by Customer notwithstanding termination of this Agreement for a period of thirty (30) days following termination of this Agreement for archiving by Customer or conversion to another system by Customer.

6. Confidential Information.

Each of iSportz and Customer acknowledge that either party may disclose or make available to the other party information about its business affairs, products, l intellectual property, trade secrets, third-party confidential information, and other sensitive or proprietary information, whether orally or in written, electronic, or other form or media, and whether or not marked, designated, or otherwise identified as “confidential” (collectively, “Confidential Information”). Confidential Information does not include information that, at the time of disclosure is: (a) in the public domain; (b) known to the receiving party at the time of disclosure; (c) rightfully obtained by the receiving party on a non-confidential basis from a third party; or (d) independently developed by the receiving party without reference to the disclosing party’s Confidential Information. The receiving party shall take reasonable steps to safeguard the disclosing party’s Confidential Information, and shall not disclose the disclosing party’s Confidential Information to any person or entity, except to the receiving party’s employees, contractors, and agents who have a need to know the Confidential Information for the receiving party to exercise its rights or perform its obligations hereunder. Notwithstanding the foregoing, each party may disclose Confidential Information to the limited extent required (i) in order to comply with the order of a court or other governmental body, or as otherwise necessary to comply with applicable law, provided that the party making the disclosure shall first have given written notice to the other party and made a reasonable effort to obtain a protective order, to the extent permitted by applicable law; or (ii) to establish a party’s rights under this Agreement, including to make required court filings. On the expiration or termination of the Agreement, the receiving party shall promptly return to the disclosing party all copies, whether in written, electronic, or other form or media, of the disclosing party’s Confidential Information, or destroy all such copies and certify in writing to the disclosing party that such Confidential Information has been destroyed. Each party’s obligations of non-disclosure with regard to Confidential Information are effective during the Term and will expire five years from the date this Agreement expires or is terminated; provided, however, with respect to any Confidential Information that constitutes a trade secret (as determined under applicable law), such obligations of non-disclosure will survive the termination or expiration of this Agreement for as long as such Confidential Information remains subject to trade secret protection under applicable law.

7. Representations and Warranties

7.1 By Customer. Customer represents and warrants the following:

a. all Customer Data and other information or content provided by Customer or its Authorized Users to iSportz and/or displayed on the Platform (i) is true and accurate in all material respects and does not infringe upon the intellectual property, privacy, publicity, and/or proprietary rights of any third parties, (ii) is not offensive or obscene or in violation of any law, rule, statute, ordinance, or regulation, (iii) does not contain unlawful, discriminatory, libellous, harmful, obscene or otherwise objectionable material of any kind, (iv) does not encourage conduct that could constitute a criminal offense or give rise to civil liability, and (v) does not transmit or upload to the Platform any virus, worm, defect, trojan horse, software bomb or other harmful or malicious code or feature that does or could interfere with, damage or degrade in any manner the performance or security of the Platform or adversely affect another user of the Platform;

b. Customer has received all necessary consent and authority from third parties to post all Customer Data and other content provided by Customer or its Authorized Users on the Platform;

c. Customer is and shall remain in compliance in all respects with all applicable laws and regulations;

d. Customer has the authority enter into this Agreement, to grant the rights granted herein, and to perform fully all of its obligations herein; and

e. Customer is not located in a country that is subject to a U.S. Government embargo or that has been otherwise barred by the U.S. Government from conducting business with the U.S. and its citizens, nor are Customer listed on any U.S. Government list of prohibited or restricted parties.

8. Warranty Disclaimer.

The Platform is controlled and operated from facilities in the United States. iSportz makes no representations that the Platform is appropriate or available for use in other locations. Those who access or use the Platform from other jurisdictions do so at their own volition and are entirely responsible for compliance with all applicable United States and local laws and regulations, including but not limited to export and import regulations. Customer may not use the Platform if Customer is a resident of a country embargoed by the United States, or are a foreign person or entity blocked or denied by the United States government. Unless otherwise explicitly stated, all materials found on the Platform are solely directed to individuals, companies, or other entities located in the United States.

THE PLATFORM, THE SERVICES, AND ALL CONTENT MADE AVAILABLE THROUGH THE PLATFORM ARE PROVIDED “AS IS” AND CUSTOMER USES THE PLATFORM AT ITS OWN RISK. FURTHERMORE, SHOULD THE CUSTOMER REQUEST THAT ISPORTZ IMPORT CUSTOMER DATA INTO THE PLATFORM, CUSTOMER ASSUMES ALL RESPONSIBILITY FOR PROVIDING THE DATA IN A FORMAT THAT MEETS THE IMPORT REQUIREMENTS OF THE PLATFORM AND PROVIDES THE FORMAT ACCORDING TO THE CUSTOMER NEEDS. ISPORTZ SHALL NOT BE RESPONSIBLE FOR ANY ERRORS IN DATA, THE QUALITY OF THE DATA, OR CORRECTIONS TO IMPORTED DATA IN THE SYSTEM. CUSTOMER HEREBY ACKNOWLEDGES AND AGREES THAT THE PLATFORM MAY NOT PERFORM OR MEET THE CUSTOMER’S OR AUTHORIZED USER’S REQUIREMENTS OR EXPECTATIONS. ISPORTZ DOES NOT WARRANT THAT THE USE OF THE PLATFORM WILL BE UNINTERRUPTED OR ERROR FREE. ISPORTZ EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ALL WARRANTIES ARISING FROM COURSE OF DEALING, USAGE, OR TRADE PRACTICE.

9. Indemnification.

Customer agrees to indemnify and hold harmless iSportz, its affiliates, and its and their employees, officers, directors, members, managers, and agents from any and all losses, damages, liabilities, costs (including reasonable attorneys’ fees) (“Losses”) resulting from any claim, suit, action, or proceeding arising from or relating to (a) any claim that the Customer Data, or any use of any content or information provided by Customer or its Authorized Users infringes or misappropriates any third party’s intellectual property rights, publicity rights, privacy rights, or other proprietary rights (b) negligence or willful misconduct by Customer or its Authorized Users; (c) use of the Platform or any Services by the Customer or its Authorized Users in a manner not authorized by this Agreement, (d) use of the Platform or any Services by Customer or its Authorized Users in combination with data, software, hardware, equipment, or technology not provided by iSportz or authorized by iSportz in writing; or (e) modifications to the Platform or any Services by Customer or its Authorized Users, provided that Customer may not settle any claim unless iSportz consents to such settlement, and further provided that iSportz will have the right, at its option, to defend itself against any such claims or to participate in the defence thereof by counsel of its own choice.

10. Limitation of Liability.

IN NO EVENT SHALL ISPORTZ, ITS AFFILIATES, OR ITS OR THEIR EMPLOYEES, OFFICERS, DIRECTORS, MEMBERS, MANAGERS, OR AGENTS BE LIABLE UNDER OR IN CONNECTION WITH THIS AGREEMENT, THE PLATFORM OR THE SERVICES, FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, INCREASED COSTS, DIMUNITION OF VALUE, LOST PROFITS AND/OR LOSS OF BUSINESS, USE, INABILITY TO USE, LOSS, INTERRUPTION, DELAY, OR RECOVERY OF ANY DATA, OR BREACH OF DATA OR SYSTEM SECURITY, OR COST OF REPLACEMENT GOODS OR SERVICES, IN EACH CASE REGARDLESS OF WHETHER ISPORTZ KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL ISPORTZ, ITS AFFILIATES, AGENTS, DIRECTORS, EMPLOYEES, SUPPLIERS, OR LICENSORS BE LIABLE TO CUSTOMER FOR ANY CLAIMS, PROCEEDINGS, LIABILITIES, OBLIGATIONS, DAMAGES, LOSSES OR COSTS IN AN AMOUNT EXCEEDING THE AMOUNT DIRECTLY PAID BY CUSTOMER TO ISPORTZ HEREUNDER WITHIN THE PREVIOUS SIX MONTHS. THIS LIMITATION OF LIABILITY SECTION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO CERTAIN INDIVIDUALS. THIS AGREEMENT GIVES CUSTOMER SPECIFIC LEGAL RIGHTS, AND CUSTOMER MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE. THE DISCLAIMERS, EXCLUSIONS, AND LIMITATIONS OF LIABILITY UNDER THIS AGREEMENT WILL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.

11. Survival.

The following provisions shall survive termination of this Agreement for any reason: Section 2.2 (“Use Restrictions”); Section 2.4 (“Ownership of System and Intellectual Property”); Section 2.6 (“Organizational Decisions”); Section 4.1 (“Ownership of Data”); 4.2 (“Use of Data in Connection with Services”), Section 5.3 (“Effect of Termination”); Section 6 (“Confidentiality”); Section 7 (“Representations and Warranties”); Section 8 (“Warranty Disclaimer”); Section 9 (“Indemnification”); Section 10 (“Limitation of Liability”) Section 11 (“Survival”); and Section 12 (“General”).

12. General

12.1 Waiver. The failure of either party to require performance by the other party of any provision hereof shall not affect the full right to require such performance at any time thereafter; nor shall the waiver by either party of a breach of any provision hereof be taken or held to be a waiver of the provision itself.

12.2 Severability. In the event of invalidity of any provision of this Agreement, the parties agree that such invalidity shall not affect the validity of the remaining portions of this Agreement.

12.3 No Agency. Nothing contained herein shall be construed as creating any agency, partnership, or other form of joint enterprise between the parties.

12.4 Assignment. This Agreement and any rights and responsibilities hereunder may not be assigned or delegated by Customer, including in each case whether voluntarily, involuntarily, by operation of law, or otherwise, without the express written consent of iSportz. This Agreement may be assigned by iSportz without restriction. Any assignment or delegation in violation of this Section will be void and of no effect.

12.5 Injunctive and Other Equitable Relief. The Customer agrees that the remedy at law for any breach or threatened breach of Sections 2.2, 2.4, 4, or 6 of this Agreement by the Customer would cause iSportz irreparable harm for which monetary damages would not be an adequate remedy and that in that event iSportz shall be entitled, in addition to monetary damages, to a restraining order, temporary or permanent injunctive relief, specific performance, and other appropriate equitable relief from any court of competent jurisdiction, without showing or providing that any monetary damage has been sustained, and without the requirement of posting any bond or other security.

12.6 Notification Procedures and Changes to the Agreement. iSportz may provide notifications, whether such notifications are required by law or are for marketing or other business-related purposes, to Customer via email notice, written or hard copy notice, or through posting of such notice on the Website, as determined by iSportz in its sole discretion. iSportz reserves the right to determine the form and means of providing notifications to Customers and other users, provided that Customer may opt out of certain means of notification as described in the iSportz Policies. iSportz is not responsible for any automatic filtering Customer or Customer’s network provider may apply to email notifications ISportz sends to the email address Customer provides to iSportz. iSportz may, in its sole discretion, modify or update this Agreement from time to time, and so Customer should review this page periodically. When iSportz changes the Agreement in a material manner, iSportz will update the ‘last modified’ date at the bottom of this page. Customer’s continued use of the Platform after any such change constitutes Customer’s acceptance of the new Terms. If Customer does not agree to any of these Terms or any future modifications thereto, do not use or access (or continue to access) the Platform.

12.7 Disputes. PLEASE READ THIS SECTION CAREFULLY – IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.

a. iSportz and Customer agree that these Terms affect interstate commerce and that the Federal Arbitration Act governs the interpretation and enforcement of these arbitration provisions.

b. In the event of a dispute, claim, or controversy arising out of or in connection with these Terms or otherwise with respect to Customer’s access to, and/or use of the Platform, and/or the provision of content, services, and/or technology on or through the Platform, iSportz or Customer must give the other notice of the dispute, claim, or controversy which notice will include a brief written statement that sets forth the name, address, and contact information of the party giving it, the facts giving rise to the dispute, claim, or controversy, and the relief requested. Customer must send any such notice to us by email to disputes@iSportz.co AND by U.S. Mail to, iSportz Inc, 956, International Parkway, Ste. 1590, Lake Mary, FL 32746 Attn: Legal Department. To the extent that iSportz has Customer’s contact information, iSportz will send any such notice to Customer by U.S. Mail or to Customer’s email address. Customer and iSportz will attempt to resolve any dispute, claim, or controversy through informal negotiation within sixty (60) days from the date that any notice of dispute, claim, or controversy is sent. Customer and iSportz shall use reasonable, good faith, efforts to settle any dispute, claim, or controversy through consultation and good faith negotiations. After thirty (30) days, Customer or iSportz may resort to the other alternatives described in this Section 12.7. Notwithstanding the foregoing, nothing in this Section 12.7 shall be deemed as preventing iSportz from seeking injunctive or other equitable relief as permitted by Section 12.5 in any court of competent jurisdiction without prior notice or negotiation.

c. Except as otherwise specifically set forth below, any dispute, claim, or controversy of any kind between iSportz and Customer arising under these Terms or in connection with Customer’s access to, and/or use of the Platform, and/or the provision of content, services, and/or technology on or through the Platform, if unresolved through informal discussions within sixty (60) days of receipt of notice, shall be resolved by binding arbitration to be held in Lake Mary, Florida by JAMS, under the Optional Expedited Arbitration Procedures then in effect for JAMS, except as provided herein.

d. The decision of the arbitrator will be in writing and binding and conclusive on iSportz and Customer, and judgment to enforce the decision may be entered by any court of competent jurisdiction. Customer and iSportz agree that dispositive motions, including without limitation, motions to dismiss and motions for summary judgment will be allowed in the arbitration. The arbitrator must follow the terms of this Agreement and can award the same damages and relief as a court, including injunctive or other equitable relief and attorneys’ fees to the prevailing party. Each party will be responsible for paying any JAMS filing, administrative and arbitrator fees in accordance with JAMS rules, and the award rendered by the arbitrator shall include costs of arbitration, reasonable attorneys’ fees and reasonable costs for expert and other witnesses for the prevailing party. Customer and iSportz understand that, absent this mandatory arbitration provision, Customer and iSportz would have the right to file an action in court. Customer and iSportz further understand that, in some instances, the costs of arbitration could exceed the costs of litigation and the right to discovery may be more limited in arbitration than in court.

e. If Customer’s claim is solely for monetary relief of Ten Thousand Dollars ($10,000) or less and does not include a request for any type of equitable remedy, Customer may choose whether the arbitration will be conducted solely based on documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing under the JAMS Rules.

f. Customer has the right to opt-out and not be bound by these arbitration provisions by sending written notice of Customer’s decision to opt-out to the following address: iSportz, Inc., 956, International Parkway, Ste. 1590, Lake Mary, FL 32746 Attn: Legal Department, AND the following Email address: disputes@beta.isportz.co. The notice must be sent within the later of thirty (30) days of Customer’s first use of the Platform or within thirty (30) days of changes to this Section being announced on the Platform, otherwise Customer shall be bound to arbitrate any disputes, claims, or controversies in accordance with the terms of this Section. If Customer opts-out of these arbitration provisions, iSportz also will not be bound by them. If Customer does not affirmatively elect to opt out as described above, Customer’s use of the Platform will be deemed to be Customer’s irrevocable acceptance of these Terms and any changes/updates to this Section or otherwise.

g. If any clause within these arbitration provisions is found to be illegal or unenforceable, that specific clause will be severed from these arbitration provisions, and the remainder of the arbitration provisions will be given full force and effect.

h. The terms of these arbitration provisions will apply to any claims asserted by Customer or third parties against iSportz and its affiliates to the extent that any such claims arise out of Customer’s or such third party’s access to, and/or use of the Platform, and/or the provision of content, services, and/or technology on or through the Platform.

i. EACH PARTY IRREVOCABLY AND UNCONDITIONALLY WAIVES ANY RIGHT IT MAY HAVE TO A TRIAL BY JURY IN RESPECT OF ANY LEGAL ACTION ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE TRANSACTIONS CONTEMPLATED HEREBY.

12.8 Class Action Waiver. PLEASE READ THIS SECTION CAREFULLY – IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS.

a. Customer and iSportz agree that Customer and iSportz will resolve any disputes, claims, or controversies on an individual basis, and that any claims brought under this Agreement or otherwise in connection with the Platform will be brought in an individual capacity, and not on behalf of, or as part of, any purported class, consolidated, or representative proceeding. Customer and iSportz further agree that Customer and iSportz shall not participate in any consolidated, class, or representative proceeding (existing or future) brought by any third party arising under this Agreement or otherwise in connection with the Platform.

b. If any court or arbitrator determines that the class action waiver set forth in this Section is void or unenforceable for any reason or that arbitration can proceed on a class basis, then the disputes, claims, or controversies will not be subject to arbitration and must be litigated in federal court located in Orange County, Florida.

c. The terms of this Section will apply to any claims asserted by Customer against iSportz to the extent that any such claims arise out of Customer’s or its Authorized Users’ access to, and/or use of the Platform, and/or the provision of content, services, and/or technology on or through the Platform.

12.9 Entire Agreement. This Agreement, together with the iSportz Policies, the Pricing Agreements, and any amendments to the foregoing is the entire agreement between the parties which supersedes any prior agreement, whether written or oral, relating to the subject matter of this Agreement. This Agreement may only be modified by mutual agreement of the parties in writing.

12.10 Export Regulation. Customer shall comply with all applicable federal laws, regulations, and rules, and complete all required undertakings (including obtaining any necessary export license or other governmental approval), that prohibit or restrict the export or re-export of the Platform or any Services or any Customer Data or User Data outside the US.

12.11 US Government Rights. Each of the Platform and the software components that constitute the Services is a “commercial product” as that term is defined at 48 C.F.R. § 2.101, consisting of “commercial computer software” and “commercial computer software documentation” as such terms are used in 48 C.F.R. § 12.212. Accordingly, if Customer is an agency of the US Government or any contractor therefor, Customer only receives those rights with respect to the Platform and the Services as are granted to all other end users, in accordance with (a) 48 C.F.R. § 227.7201 through 48 C.F.R. § 227.7204, with respect to the Department of Defense and their contractors, or (b) 48 C.F.R. § 12.212, with respect to all other US Government users and their contractors.

12.12 Force Majeure. In no event shall iSportz be liable to Customer or any Authorized User, or be deemed to have breached this Agreement, for any failure or delay in performing its obligations under this Agreement, if and to the extent such failure or delay is caused by any circumstances beyond iSportz’ reasonable control, including but not limited to acts of God, flood, fire, earthquake, explosion, war, terrorism, invasion, riot or other civil unrest, strikes, labor stoppages or slowdowns or other industrial disturbances, or passage of law or any action taken by a governmental or public authority, including imposing an embargo.

This Agreement was last modified on December 7, 2022

iSportz – Children’s Privacy Policy

PLEASE READ THIS CHILDREN’S PRIVACY POLICY CAREFULLY BEFORE ALLOWING YOUR CHILDREN TO USE ANY ISportz SERVICES

The Children’s Online Privacy Protection Act (“COPPA”) requires us to inform parents and legal guardians about how we collect, use, and disclose personal information from children under the age of 13. It also requires that we obtain parental consent before we allow children under the age of 13 to use certain features of the Site.

As used in this Children’s Privacy Policy, the following terms have the following meanings:

“Parent” includes legal guardians.

“Child” means a child that is under the age of 13.

“Personal Information” or “Profile Information” means individually identifiable information including personal information such as a username, first and last name, birthdate, phone number, email address, and other contact information when you register for an account. Depending on the iSportz Service, created, additional information may be collected to create a player profile, including but not limited to, height, weight, photograph and/or video and other biographical or personal information, and information about your performance or information relating to your team, league, or organization.

“Organization” means the organization with whom you are a member or intend to apply for membership by registering online or authorizing the organization to enter your information into their Site and ISportz product. The Organization has elected to use and purchased ISportz products to operate their Site to run its operation and offer services to members.

“Service” means the services offered by iSportz through its’ different websites, applications, services and tools.

For more information about COPPA, click here.

Scope of this Policy. This Policy describes how we collect, use and disclose personal information about children under 13 years old when their Parent subscribes on their behalf to a iSportz. This policy incorporates by reference the Privacy Policy and Terms of Use Policy for ISportz. Those policies can be viewed by using the links provided below.

ISportz Terms of Use at https://beta.isportz.co/sports/legal-terms/

ISportz Privacy Policy at https://beta.isportz.co/sports/legal-privacy/

BY USING OR ACCESSING OUR SERVICES, OR BY PERMITTING YOUR CHILD TO USE OR ACCESS OUR SERVICES, YOU ARE ACCEPTING THE PRACTICES DESCRIBED IN THIS POLICY.

About Us. iSportz, Inc. d/b/a ISportz (“iSportz,” “we,” or “our”) provides Services used by members, leagues, clubs, teams, coaches, in recruiting and event management. We at iSportz are dedicated to safeguarding your privacy.

Depending on the iSportz, a Parent will have the option to do some, if not all, of the following:

Create an account that includes Personal and/or Profile Information
Register your child online for membership
Receive certain notifications, email or text from other users of the Service
Post photographs or videos of your child
Make credit card or ACH payments online
View balances in accounts
Print medical release, waivers and other forms as necessary

The Services are available to children under the age of 13 only with parental consent. The Services are intended for parents or adult use until a child reaches the age of 13. Certain Services can be used by children under the age of 13 only with significant parental involvement, oversight and approval.

Children under the age of 13 are not allowed to use iSportz without a parent’s permission. Children under the age of 13 also may not subscribe to, or create their own account with iSportz. Children may only have a child account that is established by, and with the permission of, a Parent.

Parental Consent. iSportz is required by COPPA to use reasonable efforts to ensure that before we collect any personal information from a child, the child’s parent receives notice of and consents to our information practices. As a parent, you should know that through the ISportz children under the age of 13 may participate in activities that involve the collection or use of personal information. However, children may not participate in any Site activities without a parent’s permission.

If your child is under age 13, ISportz must have “verifiable parental consent” before we collect and use your child’s personal information. We do this in two ways: 1) Through the parent’s registration and payment for their child’s participation in a sport or camp; be a member of a team or club; or, subscribe to use one of the ISportz Services; and, 2) by acceptance of an “email invitation” sent to the parent whereby an account, profile or registration is being created on behalf of the child; or, the child is added to team or club roster; or, the parent confirms the intended purpose to use the ISportz Service.

Information We Collect and How We Collect It. The iSportz Privacy Policy and Terms of Use sets forth the information we collect for both children and those who are over the age of 13. This information is collected in the same manner regardless of age but in the instance of a child under 13, only with the Parent’s consent.

A Parent has many tools to monitor and supervise the child’s activities. For example, we allow Parents to edit their child’s profile, turn on and off notifications, monitor all postings to the site by their child or other Users using the Service. Parents should always closely monitor their children’s use of the Services.

Tracking Activities on the Site. When your child is logged into his or her account, we may track your child’s activities within the Site. For example, we track the pages visited, the length of time spent logged in, the information submitted about preferences and comments posted via the Service. This information is associated with your child’s account and may be combined with the personally identifiable information we collect from him or her.

We may partner with third parties to provide content and/or to display targeted advertisements. We will not share your child’s personally identifiable information with these third parties. However, some of these third parties may use tracking technologies, such as cookies and Web beacons, in order to track user activity. We do not exercise control over or have access to these tracking technologies or the information practices of these parties, which are subject to the privacy policies of these third parties.

Parents may request information from us on the type of data being collected, view their child’s information, and, if they choose, prohibit us from making further use of their child’s information. For more information on how to do this, see the section below entitled “How To Review, Delete or Alter the Information Collected From Your Child.”

How To Review, Delete or Alter the Information Collected From Your Child. You can review your child’s personal information at any time by logging into their account or profile. You may remove access for your child OR delete your child’s account entirely. You can also have your child’s personal information deleted and refuse to permit further collection of such information by us.

If you wish to view, delete or modify the information we have collected about your child or delete your child’s account or profile, you may do this by logging in to your account at any time, or by e-mailing us at info@beta.isportz.co. However, please understand that, even after removal, member content may remain viewable in cached and archived pages or by others if a member has copied or stored such content.

Data Security. ISportz cares about the security of your information, and uses commercially reasonable physical, administrative, and technological safeguards to preserve the integrity and security of all information collected through the ISportz Services. However, no security system is impenetrable and we cannot guarantee the security of our systems. In the event that any information under our control is compromised as a result of a breach of security, iSportz will take reasonable steps to investigate the situation and where appropriate, notify those individuals whose information may have been compromised and take other steps, in accordance with any applicable laws and regulations.

Changes to this Children’s Privacy Policy. iSportz reserves the right to amend this policy at any time. Please check this page periodically for changes. We will post a date of when this policy changes to alert users that a new policy is in place. If we intend to use or disclose your child’s personal information in a manner materially different from that stated at the time of collection, we will notify you via email and obtain your consent to such changes.

If you have questions, comments or concerns about any of our privacy policies or practices, or to raise any other issue related to privacy, you may contact iSportz, Inc at:

956 International Parkway,

Ste. 1590, Lake Mary, FL 32746 or:

info@beta.isportz.co

User Support Policies

Overview

This document summarizes the support provided by iSportz as part of the product offering (“Product”) acquired by you under your subscription agreement. You may not obtain support for the Product offering via any other iSportz support service offering. These Product End User Support Policies are subject to change at iSportz’s discretion; however, iSportz policy changes will not result in a material reduction in the level of Product support provided during the period for which fees have been paid.

Definitions

For the purpose of this document:

User: ‘User’ is defined as the software customer per the subscription agreement.

Support Period & Components

Support begins when the product reaches “Go Live” status and continues for the duration of the active subscription agreement. During the support period, all the support components listed in the table below will be provided.

During the Support Period, all listed features will be provided.

Software Updates

Software Updates may include Major versions, Minor versions, Service Packs, Suite releases, Patches, Hotfixes, or Security Updates.

Defect Support

During the Support Period, Defect Support is available with corrections provided in the form of Patches, Hotfixes, Security Updates, and field test files. The Support Period applies to an individual product release or for the duration of the entire major release stream. Defect Support periods for a product’s individual major, minor, service pack, or suite releases. A User may continue to receive technical support on any major, minor, service pack, or suite release while the relevant major release stream is in the Support Period; however, as part of the resolution of an issue, the User may be asked to update to a later software version with the defect correction.

Defects are evaluated and prioritized to ensure the most critical issues are remedied. Certain defects may be scheduled for resolution in a later release of the product.

Critical Security Updates

Keeping your environment secure is our utmost priority. We react promptly to security incidents and deliver critical security updates during the Support Period.

Enhancement Requests

During the Support Period, Users may submit requests to enhance the functionality or design of a product. These requests will be reviewed and prioritized for consideration for current or future product releases.

Third-Party Products and Dependent Components

Third Party Products are non-embedded products developed by a Third-Party software provider and integrated by iSportz due to the Third Party’s authorization to do so. Dependent Components are underlying operating systems, adjacent or integrated applications, or software that is required to operate.

Technical Support – Tiered Support Levels

If a solution isn’t found using the Self-Help resources, a User may open a support request directly with iSportz’ Technical Support at any time during the Support Period. iSportz provides global access to support experts who can diagnose and resolve issues as well as give advice on product features.

A dedicated email address and telephone number will be provided to the User to contact Technical Support. Support hours will be provided 24 hours a day, 7 days a week.

Technical Support – Service Level Agreement (SLA)

Defect Resolution Descriptions

Specification:	Defect Resolution – Priority 1 Items
Definition:	Priority 1 Defect Service Request – An incident where the User’s use of a system service element has stopped or is so severely impacted that the User’s members/personnel cannot reasonably continue to work.

Specification:		Defect Resolution – Priority 2 Items
Definition:		Priority 2 Defect Service Request – An incident that results in a) a partial or intermittent system outage or unavailability; b) undue delay of processing business cycle data which creates a processing backlog; or c) a recurring issue with identified or indeterminate cause.

Specification:	Defect Resolution – Priority 3 Items
Definition:	Priority 3 Defect Service Request – Performance items that result in periodic, but not otherwise undue delay of processing business cycle data, or items otherwise not classified as a Priority 1 or Priority 2 Defect.

iSportz Service General Terms and Conditions

1. Applicability.

2. Access and Use.

2.1 Access. Subject to and conditioned on Customer’s payment of all fees and other charges (as applicable, and as more specifically described in a Pricing Agreement) and subject to compliance with all other terms and conditions of this Agreement, iSportz hereby grants Customer a non-exclusive, non- transferable right to access and use the Platform during the Term, solely for internal use by Customer’s employees, consultants, contractors, members, stakeholders and agents (a) who are authorized by Customer to access and use the Platform under the rights granted to Customer pursuant to this Agreement and (b) for whom access to the Platform has been purchased hereunder (“Authorized Users”). Customer is solely responsible for ensuring that Customer and its Authorized Users secure their user identity (user name and password) (“User Identity”) and do not share their User Identity with others. Using, or permitting the use of, the Platform under a User Identity not actually assigned to a particular individual is prohibited. In addition to Customer agreeing to these Terms, Customer hereby expressly agrees to iSportz’ Privacy Policy posted at http://iSportz.co/legal-privacy; iSportz’ Children’s Privacy Policy posted at https://iSportz.co/legal-COPPA; iSportz’ Terms of Service posed at http://iSportz.co/legal-terms and iSportz’ User Support Policies posted at https://beta.isportz.co/sports/legal_docs/user-support-policies/ (collectively, the “iSportz Policies”), as such iSportz Policies may then be in effect and as such iSportz Policies may be updated from time to time by iSportz, each of which are incorporated herein by reference. Customer shall be responsible for its Authorized Users’ use of the Platform and compliance with the terms and conditions of this Agreement and the iSportz Policies. Customer agrees that the Platform will be used solely for the purposes and functions contemplated in this Agreement and the iSportz Policies.

3.1 Payment Processing and Other Fees

3.2 Payment Processing.

4. Data.

Customer represents and warrants that all Customer Data that is provided by Customer or on Customer’s behalf, or by its Authorized Users, or uploaded, stored, processed, contained included and/or integrated into the Platform by Customer or on Customer’s behalf, or by its Authorized Users has been collected in accordance with applicable laws and with Customer’s and all required third parties’ full consent, and does not violate the intellectual property, publicity, or privacy rights of any third party. iSportz may, contact or communicate with Customer’s Authorized Users regarding their individual user accounts, their login credentials, updates to the iSportz Policies or their access to and use of the Services or other features, services and products relevant to their use of the Platform.

4.3 Child User Data. No Customer or Authorized User may upload, store, process, or otherwise transmit or share on the Platform any data or information that relates to children under the age of 13 (“Child Users”), unless such Customer or Authorized User is the parent or legal guardian of such Child User and such Customer or Authorized User expressly consents to: (i) the publication and display of such Child User’s information on the Platform, and (ii) iSportz’ use of the Child User’s information as otherwise permitted of all Customer Data hereunder. The transmission and use of all
personal information of Child Users is subject to the iSportz Policies including the Children’s Privacy Policy.

5. Term, Termination and Transition.

5.2 Termination. This Agreement may be terminated as follows:
a. Either party may terminate this Agreement, effective on written notice to the other party, if the other party materially breaches this Agreement, and such breach: (i) is incapable of cure; or (ii) being capable of cure, remains uncured thirty (30) days after the non-breaching party provides the breaching party with written notice of such breach;

c. Either party may terminate this Agreement, effective immediately upon written notice to the other party, if the other party: (i) becomes insolvent; (ii) files, or has filed against it, a petition for voluntary or involuntary bankruptcy or otherwise becomes subject, voluntarily or involuntarily, to any proceeding under any domestic or foreign bankruptcy or insolvency law; (iii) makes or seeks to make a general assignment for the benefit of its creditors; or (iv) applies for or has appointed a receiver, trustee, custodian, or similar agent appointed by order of any court of competent jurisdiction to take charge of or sell any material portion of its property or business.

6. Confidential Information.

Each of iSportz and Customer acknowledge that either party may disclose or make available to the other party information about its business affairs, products, l intellectual property, trade secrets, third-party confidential information, and other sensitive or proprietary information, whether orally or in written, electronic, or other form or media, and whether or not marked, designated, or otherwise identified as “Confidential” (collectively, “Confidential Information”). Confidential Information does not include information that, at the time of disclosure is: (a) in the public domain; (b) known to the receiving party at the time of disclosure; (c) rightfully obtained by the receiving party on a non-confidential basis from a third party; or (d) independently developed by the receiving party without reference to the disclosing party’s Confidential Information. The receiving party shall take reasonable steps to safeguard the disclosing party’s Confidential Information, and shall not disclose the disclosing party’s Confidential Information to any person or entity, except to the receiving party’s employees, contractors, and agents who have a need to know the Confidential Information for the receiving party to exercise its rights or perform its obligations hereunder. Not withstanding the foregoing, each party may disclose Confidential Information to the limited extent required (i) in order to comply with the order of a court or other governmental body, or as otherwise necessary to comply with applicable law, provided that the party making the disclosure shall first have given written notice to the other party and made a reasonable effort to obtain a protective order, to the extent permitted by applicable law; or (ii) to establish a party’s rights under this Agreement, including to make required court filings. On the expiration or termination of the Agreement, the receiving party shall promptly return to the disclosing party all copies, whether in written, electronic, or other form or media, of the disclosing party’s Confidential Information, or destroy all such copies and certify in writing to the disclosing party that such Confidential Information has been destroyed. Each party’s obligations of non-disclosure with regard to Confidential Information are effective during the Term and will expire five years from the date this Agreement expires or is terminated; provided, however, with respect to any Confidential Information that constitutes a trade secret (as determined under applicable law), such obligations of non-disclosure will survive the termination or expiration of this Agreement for as long as such Confidential Information remains subject to trade secret protection under applicable law.

7. Representations and Warranties

7.1 By Customer. Customer represents and warrants the following:
a. All Customer Data and other information or content provided by Customer or its Authorized Users to ISportz and/or displayed on the Platform (i) is true and accurate in all material respects and does not infringe upon the intellectual property, privacy, publicity, and/or proprietary rights of any third parties, (ii) is not offensive or obscene or in violation of any law, rule, statute, ordinance, or regulation, (iii) does not contain unlawful, discriminatory, libellous, harmful, obscene or otherwise objectionable material of any kind, (iv) does not encourage conduct that could constitute a criminal offense or give rise to civil liability, and (v) does not transmit or upload to the Platform any virus, worm, defect, trojan horse, software bomb or other harmful or malicious code or feature that does or could interfere with, damage or degrade in any manner the performance or security of the Platform or adversely affect another user of the Platform;

b. Customer has received all necessary consent and authority from third parties to post all Customer Data and other content provided by Customer or its Authorized Users on the Platform;

c. Customer is and shall remain in compliance in all respects with all applicable laws and regulations;

d. Customer has the authority enter into this Agreement, to grant the rights granted herein, and to perform fully all of its obligations herein; and

8. Warranty Disclaimer.

9. Indemnification.

10. Limitation of Liability.

11. Survival.

The following provisions shall survive termination of this Agreement for any reason: Section 2.2 (“Use Restrictions”); Section 2.4 (“Ownership of System and Intellectual Property”); Section 2.6 (“Organizational Decisions”); Section 4.1 (“Ownership of Data”); 4.2 (“Use of Data in Connection with Services”), Section 5.3 (“Effect of Termination”); Section 6(“Confidentiality”); Section 7 (“Representations and Warranties”); Section 8 (“Warranty Disclaimer”); Section 9 (“Indemnification”); Section 10 (“Limitation of Liability”) Section 11 (“Survival”); and Section 12 (“General”).

12. General

12.2 Severability. In the event of invalidity of any provision of this Agreement, the parties agree that such invalidity shall not affect the validity of the remaining portions of this Agreement.

12.3 No Agency. Nothing contained herein shall be construed as creating any agency, partnership, or other form of joint enterprise between the parties.

12.6 Notification Procedures and Changes to the Agreement. iSportz may provide notifications, whether such notifications are required by law or are for marketing or other business-related purposes, to Customer via email notice, written or hard copy notice, or through posting of such notice on the Website, as determined by iSportz in its sole discretion. iSportz reserves the right to determine the form and means of providing notifications to Customers and other users, provided that Customer may opt out of certain means of notification as described in the iSportz Policies. iSportz is not responsible for any automatic filtering Customer or Customer’s network provider may apply to email notifications ISportz sends to the email address Customer provides to iSportz. iSportz may, in its sole discretion, modify or update this Agreement from time to time, and so Customer should review this page periodically. When iSportz changes the Agreement in a material manner, iSportz will update the ‘last modified’ date at the bottom of this page. Customer’s continued use of the Platform after any such change constitutes Customer’s acceptance of the new terms. If Customer does not agree to any of these Terms or any future modifications thereto, do not use or access (or continue to access) the Platform.

12.7 Disputes. PLEASE READ THIS SECTION CAREFULLY – IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.

a. iSportz and Customer agree that these Terms affect interstate commerce and that the Federal Arbitration Act governs the interpretation and enforcement of these arbitration provisions.

b. In the event of a dispute, claim, or controversy arising out of or in connection with these Terms or otherwise with respect to Customer’s access to, and/or use of the Platform, and/or the provision of content, services, and/or technology on or through the Platform, iSportz or Customer must give the other notice of the dispute, claim, or controversy which notice will include a brief written statement that sets forth the name, address, and contact information of the party giving it, the facts giving rise to the dispute, claim, or controversy, and the relief requested. Customer must send any such notice to us by email to disputes@iSportz.co AND by U.S. Mail to, iSportz Inc, 956, International Parkway, Ste. 1590, Lake Mary, FL 32746 Attn: Legal Department. To the extent that iSportz has Customer’s contact information, iSportz will send any such notice to Customer by U.S. Mail or to Customer’s email address. Customer and iSportz will attempt to resolve any dispute, claim, or controversy through informal negotiation within sixty (60) days from the date that any notice of dispute, claim, or controversy is sent. Customer and ISportz shall use reasonable, good faith, efforts to settle any dispute, claim, or controversy through consultation and good faith negotiations. After thirty (30) days, Customer or ISportz may resort to the other alternatives
described in this Section 12.7. Notwithstanding the foregoing, nothing in this Section 12.7 shall be deemed as preventing iSportz from seeking injunctive or other equitable relief as permitted by Section 12.5 in any court of competent jurisdiction without prior notice or negotiation.

d. The decision of the arbitrator will be in writing and binding and conclusive on iSportz and Customer, and judgment to enforce the decision may be entered by any court of competent jurisdiction. Customer and iSportz agree that dispositive motions, including without limitation, motions to dismiss and motions for summary judgment will be allowed in the arbitration. The arbitrator must follow the terms of this Agreement and can award the same damages and relief as a court, including injunctive or other equitable relief and attorneys’ fees to the prevailing party. Each party will be responsible for paying any JAMS filing, administrative and arbitrator fees in accordance with JAMS rules, and the award rendered by the arbitrator shall include costs of arbitration, reasonable attorneys’ fees and reasonable costs for expert and other witnesses for the prevailing party. Customer and iSportz understand that, absent this mandatory arbitration provision, Customer and iSportz would have the right to file an action in court. Customer and ISportz further
understand that, in some instances, the costs of arbitration could exceed the costs of litigation and the right to discovery may be more limited in arbitration than in court.

f. Customer has the right to opt-out and not be bound by these arbitration provisions by sending written notice of Customer’s decision to opt-out to the following address: iSportz, Inc., 956, International Parkway, Ste. 1590, Lake Mary, FL 32746 Attn: Legal Department, AND the following Email address: disputes@beta.isportz.co. The notice must be sent within the later of thirty (30) days of Customer’s first use of the Platform or within thirty (30) days of changes to this Section being announced on the Platform, otherwise Customer shall be bound to arbitrate any disputes, claims, or controversies in accordance with the terms of this Section. If Customer opts-out of these arbitration provisions, ISportz also will not be bound by them. If Customer does not affirmatively elect to opt out as described above, Customer’s use of the Platform will be deemed to be Customer’s irrevocable acceptance of these Terms and any changes/updates to this Section or otherwise.

12.8 Class Action Waiver. PLEASE READ THIS SECTION CAREFULLY – IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS.

c. The terms of this Section will apply to any claims asserted by Customer against iSportz to the extent that any such claims arise out of Customer’s or its Authorized Users’ access to and/or use of the Platform, and/or the provision of content, services, and/or technology on or through the Platform.

12.11 US Government Rights. Each of the Platform and the software components that
constitute the Services is a “Commercial Product” as that term is defined at 48 C.F.R. § 2.101, consisting of “commercial computer software” and “commercial computer software documentation” as such terms are used in 48 C.F.R. § 12.212. Accordingly, if Customer is an agency of the US Government or any contractor therefor, Customer only receives those rights with respect to the Platform and the Services as are granted to all other end users, in accordance with (a) 48 C.F.R. § 227.7201 through 48 C.F.R. § 227.7204, with respect to the Department of Defense and their contractors, or (b) 48 C.F.R. § 12.212, with respect to all other US Government users and their contractors.

This Agreement was last modified on December 7, 2022

iSportz Lead Referral Agreement

BY SIGNING THIS REFERRAL AGREEMENT, YOU ACCEPT TO PARTICIPATE IN THE iSportz LEAD REFERRAL PROGRAM.

Referred Customer.A “Referred Customer” means an entity who meets the following conditions:

the contact information for the potential customer whose information you submit

(“Potential Customer”), and all other information you are required to submit relating to such Potential Customer (“Lead Information”), is accurately provided to iSportz; and as of the date of your submission, the Potential Customer has not previously been contacted by iSportz, or any other agent.

The following exclusions apply:

As a general rule, you may not submit your own organization as a lead but the same is subject to acceptance based on review by iSportz Lead Generation or Sales Team.

Potential Customers that are government entities are not eligible to become Referred Customers.

iSportz reserves the right to terminate this Referral Agreement if it suspects that you do not have the Potential Customer’s consent for disclosing their Lead Information, or that you are gaming, including, but not limited to, submission of low-quality leads or unusually high volumes.

The Referenced Opportunity must be one of the Services or Solutions or products offered by iSportz. Purchase of third-party products/licenses, add-ons, etc. by a Referred Customer will not apply.

iSportz reserves the right to cancel or disqualify you or any Referred Customer from the Referral Program for any reason, in which case iSportz will not use the Lead Information you provide.

Lead Information is eligible to earn referral fees for a period of one year after you receive notice that your lead referral has been accepted by iSportz. If a Potential Customer makes an initial purchase after this time, it will not result in payment of a Referral Fee.

Referral Fee.

When your lead referral has been accepted by iSportz, you will be entitled to a fee from iSportz in the amount of $1000 on the sale of the referred customer on the initial purchase only.

In the event of multiple complete and conforming submissions for the same opportunity from different referring entities, the first lead submitted will be the one eligible for a Referral Fee.

If you submit Lead Information for multiple opportunities with the same Potential Customer within a period of one year, the total referral fee for such sales will not exceed a maximum of US$5000

No referral fee is payable on any renewal of any product agreement.

Referral fees themselves are not eligible towards any other channel programs, incentives, or recognition programs.

You acknowledge and agree that iSportz has no control over the sales and marketing process with respect to such Lead Information, or when or if a customer will place an order. You hereby waive any liability to iSportz relating to its sales efforts and for how many (if any) orders are placed based on Lead Information you provide.

Payment Terms. iSportz will pay Referral Fees after the initial order has been placed and provided there has been no return or order cancellation during that period. Referral Fees are due to be paid once iSportz is paid by the customer. Payment will be subject to all applicable governmental regulations and rulings, including the withholding of any taxes that may be required by law.

iSportz is under no obligation to pay any Referral Fees if referred customer is not in compliance with its obligations under this Referral Agreement and current in all their payment obligations to iSportz and its Affiliates. Unless prohibited by local law, iSportz may, in its sole but reasonable discretion, withhold or reduce Referral Fees to satisfy any such outstanding payment obligations or if referred customer fails to satisfactorily perform any of the requirements under this Referral Agreement.

Lead Information. You hereby provide consent for iSportz to use and share with its Affiliates and Partners the Lead Information.

Your Information. You hereby provide consent for iSportz to disclose you and/or your company as the origin of this referral, and to provide your contact information to the Potential Customer, or to an Affiliate or Partner.

Course of Conduct and Cooperation. You have not acted and will not act in a manner that puts your interests in the referral fee ahead of the customer’s best interests. You acknowledge that the referral fee is not intended to pay you for doing so. Upon request, you will reasonably cooperate with iSportz in the marketing of the Referenced Service or Solution or Product to the Referred Customer. You will not make or authorize any proposal, quotation, representation, warranty, term, condition or other provision relating to any product or service that has not been approved or otherwise authorized by iSportz in writing. You will be solely responsible for all costs and expenses of any nature incurred in connection with this Referral Agreement.

If any provision(s) of this Agreement shall be held to be invalid or unenforceable for any reason, the remaining provision(s) shall continue to be valid and enforceable. If a court finds that any provision(s) of this Agreement is invalid or unenforceable, but that by limiting such provision it would become valid or enforceable, then such provision shall be deemed to be written, construed and enforced as so limited.

Referral Partner recognizes that Company has and will have proprietary information regarding the inventions, product designs, trade secrets, copyrights, costs, discounts, business affairs, patents and other vital information items (collectively, “Information”), which are valuable, special and unique assets of Company. Referral Partner agrees that Referral Partner will not at any time or in any manner, either directly or indirectly, divulge, disclose or communicate any information to any third party without the prior written consent of Company. Referral Partner will protect the Information and treat it as strictly confidential. A violation by Referral Partner of this paragraph shall be a material violation of this Agreement and will justify legal and/or equitable relief.

The confidentiality provisions of this Agreement shall remain in full force and effect for a period of two (2) years after the termination of Referral services pursuant to this Lead Referral Agreement.

Applicable Law. This Agreement shall be governed by the laws of the United States and the state of Delaware, without reference to rules governing choice of laws.

iSportz reserves the right to change any aspect of the referral program upon 60 days’ notice. iSportz reserves the right to end the referral program, and thus terminate this Referral Agreement, without cause, at any time upon 60 days’ notice. Referrals in process as of the effective date of such changes will be paid using the method in effect when the Lead Information was accepted.

REFERRAL PARTNER	COMPANY
	iSportz, Inc
Signature	Signature
Name	Name
Title	Title
Date	Date

Last Updated: May 22, 2023

AFFILIATE PARTNER AGREEMENT

Effective Date: September 20, 2023

BY ACCESSING, PARTICIPATING, OR OTHERWISE SIGNING UP FOR THE AFFILIATE PROGRAM, YOU REPRESENT THAT: (I) YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREED TO THESE AFFILIATE PARTNER AGREEMENT (“AGREEMENT”) , (II) YOU ARE OF LEGAL AGE TO FORM A BINDING CONTRACT WITH ISPORTZ INC., AND (III) YOU HAVE THE AUTHORITY TO ENTER INTO THIS AGREEMENT PERSONALLY OR ON BEHALF OF THE ENTITY YOU REPRESENT. IF YOU DO NOT AGREE TO BE BOUND BY THIS AGREEMENT, YOU MAY NOT ACCESS OR SIGN UP TO THE AFFILIATE PROGRAM.

The “Effective Date” of this Agreement is the date on which You sign up for the Affiliate Program.

This Agreement is entered into by and between iSportz Inc, a Delaware corporation (“iSportz”) and the person or entity signing up for the Affiliate Program (“Affiliate Partner/You”). In consideration of the terms and conditions of this Agreement set forth below, the parties agree as follows:

Purpose. Subject to the terms and conditions of this Agreement , iSportz hereby grants to Affiliate Partner during the term a limited, non-transferable, revocable and non-exclusive right to market and refer iSportz’ Products to prospective customers.
Scope of the Referral Process

(i) Qualified Referrals. Affiliate Partner is eligible to receive a referral commission only if Affiliate Partner submits a referral to iSportz which meets the requirements set forth under this Agreement (“Qualified Referral”). iSportz shall, at its sole discretion, decide whether a referral constitutes a Qualified Referral.

Affiliate Partner shall submit all referrals through the referral URL provided by iSportz for the same (“Referral Link”).

For abundant clarity, a referral submitted by Affiliate Partner through any other mode of communication, including without limitation, via a phone call or an e-mail including self-referrals shall not be considered Qualified Referrals.

(ii) Negotiation Rights. Affiliate Partner agrees not to negotiate terms or make commitments on behalf of iSportz. iSportz shall collect the applicable subscription charges for the iSportz Products directly from the Customer.

(iii) Eligible Product Plans. Affiliate Partner shall be entitled to a commission only if a Qualified Referral turns into a paying Customer of iSportz within three (3) months from the date a referral is submitted by the Affiliate Partner (“Conversion Period”) and with a subscription term equal to or greater than one (1) month. On a case-by-case basis, the parties may mutually agree in writing to waive or extend the Conversion Period for a Qualified Referral.

(iv) Eligible Products. iSportz products which are eligible for referrals are set forth in the table below (“iSportz Product(s)”). iSportz reserves the right to add, delete or modify any iSportz Products at its sole discretion.

S.NO	PRODUCT NAME	LIST PRICE
1.	Club & Team Management – https://beta.isportz.co/sports-club-team-management-system	Latest pricing for Club & Team Management – https://isportz.co/subscription/
2.	Event Management – https://beta.isportz.co/sports-event-management-system	Latest pricing for Event Management – https://isportz.co/subscription/
3.	Member Management – https://beta.isportz.co/sports-member-management-system	Latest pricing for Member Management – https://isportz.co/subscription/
4.	Learning Management – https://beta.isportz.co/sports-learning-management-system	Latest pricing for Learning Management – https://isportz.co/subscription/

(v) Ineligible Referrals. When someone subscribes to a iSportz Product(s) pursuant to the Affiliate Partner’s sales and marketing efforts in accordance with this Agreement, iSportz shall, at its sole discretion, determine if such subscriber is a Qualified Referral. Referrals ineligible for a referral commission are set forth in the below table.

(vi) Commission. Upon a Qualified Referral becoming a Customer of iSportz, Affiliate Partner shall be eligible to a recurring commission of 15% of the monthly recurring revenue on invoice amounts realised by iSportz from the Customer.

(vii) First Year Net Revenue. Once a Qualified Referral becomes a paying Customer, the Affiliate Partner is entitled to receive a referral commission for the next twelve (12) months; provided however, if the Customer’s subscription to the iSportz Product is terminated before the end of the 12-month period, Affiliate Partner will not be entitled to any commission following the date of such termination. The referral commission is based on the applicable referral commission rate applied on all invoice amounts realised by iSportz for eligible iSportz Products associated with such Qualified Referral including without limitation, net of any discounts, taxes payable and subsequent refunds not attributable to iSportz’ invoicing error or breach. (“First Year Net Revenue”). If an order executed in connection with a referral is a multiyear order, referral commission will be based only on the First Year Net Revenue, and not on any revenue covering any period thereafter.

(viii) Payment Process. iSportz will calculate referral commission for each Qualified Referral on a monthly basis, and such commission will be disbursed to the Affiliate Partner’s Account through the appropriate Vendor, within 30 days from the date of receipt of invoice amounts from the Customer. Affiliate Partners can realise the commissions paid by iSportz in accordance with the terms and conditions applicable on the usage of its Account. Once the commission is processed at iSportz’ end, iSportz shall not be responsible for any failure of the Affiliate Partner to realise the commission amounts from its Account. The Vendor shall be solely responsible to provide technical support to the Affiliate Partner for access and usage of their Account.

(ix) Referral Commission Refunds. If iSportz makes a referral commission payment to Affiliate Partner in error, or if a Qualified Referral fails to make required first-year subscription charge payments to iSportz within sixty (60) days of the payment due date, or if the applicable contract between iSportz and the Qualified Referral is terminated before it’s agreed upon expiration date, iSportz shall be entitled to a refund of the corresponding referral commission payments made to such Affiliate Partner (provided that if a non-paying customer does ultimately pay all amounts due, iSportz will repay Affiliate Partner the applicable commissions minus a deduction for collection and administrative costs, not exceeding half of the total commission). iSportz may, in its sole discretion, choose to either offset such refundable amounts against commissions iSportz owes to Affiliate Partner hereunder, or invoice Affiliate Partner for the refundable amounts; invoiced amounts are due and payable within thirty (30) days of the invoice date. iSportz’ right to a refund of which iSportz has not notified Affiliate Partner will expire ninety (90) days after the one-year anniversary of the start date of the applicable order.

Affiliate Partner Responsibilities

(i) Affiliate Partner represents and warrants that it shall (a) not send unsolicited communications, junk email, spam or other forms of duplicative or unsolicited messages to leads, (b) not use banners or links on newsgroups, chatrooms, message boards, banner networks, hit farms, guest books etc., (c) not run any pay-per-click campaigns bidding on iSportz brand-related keywords, (d) not have more than one Account, (e) not have an Account with more than one (1) Vendor (f) use only materials given by iSportz for Affiliate Partner’s sales and marketing efforts, (g) not engage in excessive telemarketing activities for promoting iSportz Products, (h) not promote iSportz on sites containing unlawful, hateful, abusive or pornographic content, and (i) adhere to iSportz’ Business Partner Standards of Conduct located at the URL https://isportz.co/legal/partner-standards-of-conduct/ (“Standards”) and all applicable laws in the performance of its obligations under this Agreement.

(ii) Affiliate Partner represents, warrants and covenants that (i) Affiliate Partner is not named on, or owned or controlled by any party named on any U.S. government (or other government) list of persons or entities prohibited from receiving U.S. exports, or transacting with any U.S. person, (ii) Affiliate Partner is not a national of, located in, or a company registered in, any Prohibited Jurisdiction (as defined below), and (iii) shall comply with all applicable laws.

(iii) Affiliate Partner hereby agrees and affirms that all disbursements of the commission are made by Vendor and in no event, iSportz is liable for the same.

(iv) Affiliate Partner understands that iSportz shall not be liable in the event Vendor suspends/terminates /blacklists/ the Affiliate Partner Account.

(v) Onboarding and Support: Pursuant to signing up for the Affiliate Program, iSportz may send the Affiliate Partner various collaterals about the iSportz Products that Affiliate Partner may use for marketing activities in accordance with this Agreement. iSportz may also, from time to time, conduct various webinars and other training programs as iSportz deems fit to assist the Affiliate Partner in fulfilling its obligations under this Agreement.

(4) Intellectual Property Rights. iSportz and its licensors retain all right, title and interest (including all patent, copyright, trademark, trade secret and other intellectual property rights) in and to the iSportz Products.

(5) Marketing: iSportz hereby grants Affiliate Partner, a term based, territory based, revocable right to display, publicly perform and publish iSportz trade name, logo or trademark (“Marks”) solely with regard to the promotion of the iSportz Products to potential customers. While in exercise of rights under this license, it shall be the responsibility of Affiliate Partner to ensure that (a) the Marks are used only to denote the origin and ownership of iSportz Products, (2) it will comply with iSportz’ effective policies (current or updated version thereof) relating to the use of its Marks, and (c) it shall not materially modify the marketing materials provided by iSportz in any way that causes Affiliate Partner to misrepresent the technical capabilities, features or functions of the iSportz Products. It is clarified that Affiliate Partner will not, by virtue of the foregoing license, acquire any right, title or interest in iSportz’ Marks or Products and all rights thereto are reserved by iSportz.

(6) Confidentiality. Each party (as “Receiving Party”) will use the same degree of care that it uses to protect the confidentiality of its own confidential information of like kind (but not less than reasonable care) to (i) not use any Confidential Information of the other party (the “Disclosing Party”) for any purpose outside the scope of this Agreement, and (ii) except as otherwise authorized by the Disclosing Party in writing, limit access to Confidential Information of the Disclosing Party to those of its employees and contractors who need that access for purposes consistent with this Agreement and who have signed confidentiality agreements with the Receiving Party containing protections not materially less protective of the Confidential Information than those herein. If Receiving Party is required by law or court order to disclose Confidential Information, then Receiving Party shall, to the extent legally permitted, provide Disclosing Party with advance written notification and cooperate in any effort to obtain confidential treatment of the Confidential Information. The Receiving Party acknowledges that disclosure of Confidential Information would cause substantial harm for which damages alone would not be a sufficient remedy, and therefore that upon any such disclosure by the Receiving Party, the Disclosing Party will be entitled to seek appropriate equitable relief in addition to whatever other remedies it might have at law. To the extent the information shared under this Agreement constitutes personal data as defined under applicable data protection laws, both Affiliate Partner and iSportz will comply with the same. Any personal data of the Affiliate Partner that iSportz may receive shall be processed in accordance with its Privacy Notice which is included herein by reference.

(7) Term and Termination.

This Agreement will continue until either party terminates this Agreement. iSportz may terminate this Agreement at any time without cause and without liability upon intimation to the Affiliate Partner. Affiliate Partner may terminate this Agreement upon sixty (60) days written notice to iSportz. iSportz may also immediately terminate this Agreement for (i) any breach of this Agreement by the Affiliate Partner, (ii) breach of Section 3 (i) of this Agreement, or (iii) bringing in spam leads or failing to bring in sufficient Qualified Referrals who turn into paying Customers during the term of this Agreement.

Effect of Termination. Upon termination of this Agreement, (a) Affiliate Partner agrees to cease all marketing and promotional activities and all further use of the iSportz Product, (b) the parties shall return or confirm destruction of the other party’s Confidential Information provided pursuant to this Agreement, and (c) Affiliate Partner will not be entitled to any commission.

(8) Disclaimer: iSportz may provide links or access to third party software or services. The use of any such third-party software and services are governed by the terms of the third-party provider and are binding on Affiliate Partner. iSportz does not provide any warranties and has no liability or obligations to the Affiliate Partner, with respect to usage of such third-party software and services including the Account created by the Affiliate Partner.

(9) Indemnification. Affiliate Partner will indemnify and hold iSportz and its affiliates harmless against any claim brought by a third party against iSportz and its respective employees, officers, directors, and agents arising from or related to use of the Marks by Affiliate Partner in breach of this Agreement.

(10) Limitation of Liability

10.1 NEITHER PARTY SHALL BE LIABLE FOR ANY EXEMPLARY, SPECIAL, INDIRECT, CONSEQUENTIAL OR INCIDENTAL DAMAGES OF ANY KIND (INCLUDING WITHOUT LIMITATION LOST PROFITS, LOSS OF USE, LOSS OF BUSINESS, OR LOSS OF PROFIT OR REVENUE,), EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE LIMITATIONS ON EITHER PARTY’S LIABILITY UNDER THIS SECTION SHALL NOT APPLY TO LIABILITY FOR DEATH, PERSONAL INJURY OF A PHYSICAL NATURE OR DAMAGE TO TANGIBLE PROPERTY CAUSED BY EITHER PARTY’S GROSS NEGLIGENCE OR INTENTIONAL MISCONDUCT.

10.2 ISPORTZ’ AGGREGATE LIABILITY UNDER THIS AGREEMENT, REGARDLESS OF THE FORM OF ACTION, WILL NOT EXCEED THE COMMISSION PAID TO AFFILIATE PARTNER BY ISPORTZ IN THE 12 (TWELVE) MONTHS PRECEDING THE CLAIM.

THE FOREGOING STATES THE ENTIRE LIABILITY OF EACH PARTY WITH REGARD TO THIS AGREEMENT, THE PRODUCTS AND SERVICES PROVIDED HEREUNDER.

Governing Law and Dispute Resolution. This Agreement shall be governed by the laws of the State of Delaware , USA without regard to conflict of laws principles. Any dispute or claim arising out of or relating to this Form shall be determined by arbitration in Wilmington , State of Delaware, USA. The arbitration shall be administered by JAMS pursuant to its arbitration rules and procedures.
Miscellaneous:

(i) Export Compliance and Use Restriction. iSportz Products may be subject to U.S. (or other territories) export control and economic sanctions laws, rules, and regulations, including without limitation the regulations promulgated by the U.S. Department of Commerce’s Bureau of Industry and Security (“BIS”) and the U.S. Department of the Treasury’s Office of Foreign Assets Control (“OFAC”) (collectively, “Export Control Laws”). Affiliate Partner agrees to comply with all the Export Control Laws as they relate to access to and use of the iSportz Products. Affiliate Partner shall not refer iSportz Products to any potential customers located in any jurisdiction in which the provision of the iSportz Products is prohibited under the U.S. or other applicable laws or regulations, including, without limitation, a country or territory that is subject to comprehensive U.S. trade sanctions (including Crimea, Cuba, Iran, North Korea, and Syria) (a “Prohibited Jurisdiction”) and shall not refer iSportz Products to any government, entity or individual located in any Prohibited Jurisdiction.

(ii) Injunctive Relief: The Affiliate Partner expressly agrees that iSportz shall be entitled to injunctive and other equitable relief in the event of, or to prevent, a breach of any provision of this Agreement by the Affiliate Partner. Resort to such equitable relief, however, shall not be construed to be a waiver of any other rights or remedies that the iSportz may otherwise have under law.

(iii) Non-solicitation: During the Term and one (1) year thereafter, Affiliate Partner shall not, either directly or indirectly, (1) engage with a iSportz Employee outside the scope of this Agreement; or (2) induce a iSportz employee to terminate their employment. “iSportz Employee” shall mean and include the Employees or consultants of iSportz, its subsidiaries and affiliates.

(iv) No Assignment: Except to its affiliates and/or within group companies, neither Party shall assign any part of this Agreement or its respective rights or obligations under this Agreement without the prior written consent of the other Party (which consent shall not be unreasonably withheld). Subject to the foregoing restrictions, this Agreement will be fully binding upon, inure to the benefit of and be enforceable by the Parties and their respective successors and assigns.
(v) Modifications: From time to time, iSportz may modify this Agreement. Unless otherwise specified by iSportz, changes become effective for Affiliate Partner after the updated version of this Agreement goes into effect.

(vi) Severability; No Waiver: If any provision in this Agreement is held by a court of competent jurisdiction to be unenforceable, such provision shall be modified by the court and interpreted so as to best accomplish the original provision to the fullest extent permitted by applicable law, and the remaining provisions of this Agreement shall remain in effect. Delay or non-exercise of any right under or provision of this Agreement by either party does not constitute a waiver of that right or provision of this Agreement.

(vii) Survival. Sections 4 (Intellectual Property), 5 (Marketing), 6 (Confidentiality), 9 (Indemnification), 10 (Limitation of Liability), 11 (Governing Law), 12 (vi) (Survival), 12 (vii) (Notices), 12 (ix) (Entire Agreement) and will survive any termination of the Agreement. Termination of this Agreement will not limit either party’s liability for obligations accrued as of or prior to such termination or for any breach of this Agreement.

(viii) Relationship between the Parties: The Parties are independent contractors. This Agreement does not create a partnership, franchise, joint venture, agency, fiduciary or employment relationship among the Parties.

(ix) Notices: All notices to be provided by either Party to the other under this Agreement may be delivered in writing (i) by nationally recognized overnight delivery service (“Courier”) or US mail to the contact mailing address provided by the parties.

(x) Entire Agreement: This Agreement, together with iSportz’ Business Partner Standards of Conduct, Supplemental Terms (where applicable) constitutes the entire agreement and supersede any and all agreements between iSportz and Affiliate Partner with regard to the subject matter hereof. In the event of a conflict between the Supplemental Terms, or this Agreement, the order of precedence will be, first, the Supplemental Terms, and then this Agreement.

13 Definitions

13.1 “Account” means the account created by the Affiliate Partner with Vendor, which it uses to realize the commissions paid under this Agreement.

13.2 “Affiliate Program” means the program initiated by iSportz where entities and persons who sign up as Affiliate Partners are required to market and refer eligible iSportz Products to prospective customers in consideration for a commission from iSportz.

13.3 “Customer” means a Qualified Referral that has entered into an agreement with iSportz to procure the iSportz Product pursuant to the Affiliate Partners marketing and promotional activities under this Agreement.

13.4 “Vendor” means the entity engaged by iSportz for allowing Affiliate Partners to connect with iSportz for the Affiliate Program.

iSportz Privacy Policy

PRIVACY POLICY – iSportz. Welcome to iSportz, a web-based, software-as-a-service platform operated by iSportz, Inc. d/b/a iSportz (“iSportz,” “we,” “our,” or “us”) for athletes, parents, coaches, team managers, tournament directors, clubs, leagues, and associations. We are committed to protecting your privacy in accordance with the terms of this Privacy Policy. This Privacy Policy explains how we collect, use, share and protect your personal information. It applies to the collection by ISportz of information on our websites, applications, services and tools (collectively, our “Service”). Please remember that we integrate with and provide many of our Services to organizations who have their own privacy practices, which may also govern your data in different ways. This Privacy Policy applies only to our own data practices, and not to the practices of third parties that we do not control. By using our Services, you agree to the terms of this Privacy Policy and our Terms of Service (https://beta.isportz.co/sports/terms). The affiliated companies of ISportz to whom this Policy applies are listed here.

INFORMATION WE COLLECT

We, or our service providers on our behalf, collect personal information about our users so that we can provide our Services. This includes information provided to us directly, such as personal information you provide when you visit the Services, and information that is passively or automatically collected from you, such as anonymous information collected from your browser or device. This policy describes our data practices and the choices available to you about how your data is used. The categories of information we collect may include:

Registration and profile information collected when you join the Service. We may collect personal information such as a username, first and last name, birthdate, phone number, email address, and other information when you register for a iSportz account, participate in a iSportz survey or ballot, promotion, drawing, sweepstakes or contest, or if you correspond with us. We collect payment and billing information if you sign up for fee-bearing services.

Data collected through your use of the Service. After you set up your account, you may be able to provide additional information which may be shared through your public profile, such as (for example) your height, weight, gender, interests, friends, contacts, referrals, photograph and/or video and other biographical, biometric or personal information (“Profile Information”), and information about your athletic performance or information relating to your team, league, or organization. This information may be provided by a third party, such as a parent, player, youth coach, high school coach, college coach, tournament director, team manager, club, league or association or it may be provided by you directly. Associations, clubs, leagues, coaches and team managers may provide information about their teams and biographical and contact information about athletes and may also add notes and commentary relevant to the team or, with respect to certain of our services for high-school or college level athletes, recruiting. We also collect information about how you use the Service, how you input data and the data you input.

Contact Information. ISportz may collect information from an address book or stored contact list that a user uploads or otherwise provides access to such information to ISportz. For certain of our services relating to tournaments, combines, leagues, competitions, camps or recruiting, if you are a tournament director, team manager, club coach, league or association representative, high school coach, or college coach, who uploads information about athletes on behalf of such athletes, we will send an email to each such athlete (or parent of such athlete) who is not already a member of the Service, inviting the athlete to join the Service. Certain of our services permit college coaches to turn off these emails on the Settings page.

Information we collect from third parties. We may collect information about you from publicly available sources or other third parties, including your tournament schedule, player statistics, etc. We may also receive information about you and your friends when you interact with our sites through various social media, for example, by liking us on Facebook, following us on Twitter, or connecting on Instagram, Vimeo, or other social networks. The data we receive is dependent upon your privacy settings with the social network. You should always review, and if necessary, adjust your privacy settings on third-party websites and services before linking or connecting them to a iSportz service.

Information we collect automatically: device information, which may include your IP address, browser types, browser language, operating system, platform type, device types, and device IDs such as unique identifiers or advertising identifiers; usage information, which may include files you download, domain names, landing pages, your browsing activity, what you click, scrolling and keystroke activity, pages viewed, advertising viewed or visited, forms or fields you complete or partially complete, search terms, whether you open an email and your interaction with the content, access times, and error logs, and other similar information; location information, which may include the city, state and ZIP code associated with your IP address, information derived through Wi-Fi triangulation, and precise location information from GPS-based functionality on your mobile devices or from your use of our mobile apps, and with your consent, your precise GPS information; viewing behavior, which may include the content you view, how long you watch each video, the quality of the service you receive (e.g. buffering, load times) as well as advertisements you have been shown or interacted with; and offline information, which may include certain information that may also be stored while you are offline and transmitted to us when you next connect to the Internet, regardless of where you connect from or the device you use to connect.

Monitoring user activity. We may at our discretion, but are not obligated to, monitor the communications that take place on our Service, such as messaging, in order to protect our users and monitor the effectiveness of our Service. You acknowledge that you have no expectation of privacy with respect to any such communications or postings, and you expressly consent to such monitoring.

HOW WE USE COOKIES AND OTHER TRACKING TECHNOLOGY TO COLLECT INFORMATION.

We automatically collect certain types of usage information when you visit our website or use our Service. For instance, when you visit our website, we may send one or more cookies — a small text file containing a string of alphanumeric characters used by many websites — to your computer that uniquely identifies your browser and lets us help you log in faster and enhance your navigation through the site. A cookie may also convey information to us about how you use the Service (e.g., the pages you view, the links you click, how frequently you access the Service, and other actions you take on the Service), and allow us to track your usage of the Service over time. We may collect log file information about your browser or mobile device each time you access the Service. Log file information may include anonymous information such as your web request, Internet Protocol (“IP”) address, browser type, information about your mobile device, referring / exit pages and URLs, number of clicks and how you interact with links on the Service, domain names, landing pages, pages viewed, and other such information. We may employ clear gifs (also known as web beacons), which are used to anonymously track the online usage patterns of our Users. In addition, we may also use clear gifs in HTML-based emails sent to our users to track which emails are opened and which links are clicked by recipients. The information allows for more accurate reporting and improvement of the Service. We may also collect analytics data, or use third-party analytics tools, to help us measure traffic and usage trends for the Service or to create profiles about you for advertising, marketing, and analytics purposes. These tools collect information sent by your browser or mobile device, including the pages you visit, your use of third-party applications, and other information that assists us in analyzing and improving the Service. If you would prefer not to accept cookies, most browsers will allow you to: (i) change your browser settings to notify you when you receive a cookie, which lets you choose whether or not to accept it; (ii) disable existing cookies; or (iii) set your browser to automatically reject any cookies. Please be advised however that some Service features may not work with cookies disabled and that for certain features you may not be able to disable cookies. You may also set your email options to prevent the automatic downloading of images that may contain technologies that would allow us to know whether you have accessed our email and performed certain functions with it. Although we do our best to honor the privacy preferences of our Users, we are not able to respond to Do Not Track signals from your browser at this time.

When you access the Service by or through a mobile device, we may receive or collect and store a unique identification numbers associated with your device or our mobile application (including, for example, a UDID, Unique ID for Advertisers (“IDFA”), Google Ad ID, or Windows Advertising ID), mobile carrier, device type, model and manufacturer, mobile device operating system brand and model, phone number, and, depending on your mobile device settings, your geographical location data, including GPS coordinates (e.g. latitude and/or longitude) or similar information regarding the location of your mobile device.

When you upload photographs to iSportz websites and platforms, those files may contain location information or other metadata. This metadata may be accessible to others if you share content on the Service.

We may use the data collected through cookies, log file, device identifiers, location data, clear gifs and other collection information to: (a) remember information so that you will not have to re-enter it during your visit or the next time you visit the site; (b) provide custom, personalized content and information, including advertising; (c) provide and monitor the effectiveness of our Service; (d) monitor aggregate metrics such as total number of visitors, traffic, usage, and demographic patterns on our website and our Service; (e) diagnose or fix technology problems; and (f) otherwise to plan for and enhance our service.

Third Party Tracking and Online Advertising. We may permit third party ad networks, social media companies, and other third-party services to collect information about browsing behavior from visitors to our Service through cookies, social plug-ins, or other tracking technology. We may permit third party online advertising networks to collect information about your use of our websites over time so that they may play or display ads that may be relevant to your interests on our Service as well as on other websites or services. Typically, the information is collected through cookies or similar tracking technologies. The only way to completely “opt out” of the collection of any information through cookies or other tracking technology is to actively manage the settings on your browser or mobile device. Please refer to your browser’s or mobile device’s technical information for instructions on how to delete and disable cookies, and other tracking/recording tools. (To learn more about cookies, clear gifs/web beacons and related technologies and how you may opt-out of some of this tracking, you may wish to visit http://www.allaboutcookies.org and/or the Network Advertising Initiative’s online resources, at http://www.networkadvertising.org). Depending on your mobile device, you may not be able to control tracking technologies through settings.

By visiting the Service, whether as a registered user or otherwise, you acknowledge, and agree that you are giving us your consent to track your activities in connection with the Service and your use of the Service through the technologies described above, as well as similar technologies developed in the future, and that we may use such tracking technologies in the emails we send to you. Third parties may themselves set and access their own tracking technologies when you visit our Services and they may have access to information about you and your online activities over time and across different websites or applications when you use the Service. Third parties’ use of such tracking technologies is not in our control and is subject to such thirty parties’ privacy policies.

HOW WE MAY USE YOUR INFORMATION

We use information to operate, maintain, and provide to you the features of the Services. We may use this information to communicate with you, such as to send you email messages, and push notifications and to permit other users of the Service to contact you. You may control your receipt of email by visiting the “Settings” page on our website, contacting us at info@beta.isportz.co to opt-out of receiving such messages, or unsubscribing through the email itself using the unsubscribe link. We may also send you Service-related emails or messages (e.g., account verification, payment confirmations, change or updates to features of the Service, technical and security notices). You may not opt-out of Service-related emails. For more information about your communication preferences, see “Your Choices Regarding Your Information” below.

Depending on the specific iSportz service that you use, we may use your information to: (a) provide the ISportz Services, including responding to your requests or inquiries; providing technical support; (b) send you service-related communications, including announcements and administrative messages; (c) display certain content, such as content you upload and make available, comments, and game statistics and rankings; (d) better understand how you use the ISportz services so we can improve them; (e)provide you with more personalized user experiences such as delivering advertising based on your activities and interests; (f) create profiles about you, including adding information we obtain from third parties, which may be used for analytics, marketing and advertising, send you emails, newsletters, surveys and information about products, services and promotions offered by ISportz, our partners, and other organizations with which we work; (g) process your entries into sweepstakes, contests or promotions to the extent we offer them; (h) recognize your devices and associate the information with your profile including, using data collected or received from ISportz affiliates, service providers, advertisers, and other third parties, such as your device information, to match mobile advertising and cookie identifiers; (i) matching your devices if you log into the same online service on multiple devices or web browsers or if your devices share similar attributes that support an inference that they are used by the same user or household; (j) using information to match your interests across devices, as well as for analytics, ad serving or reporting, or to improve the services; (ki) identifying you or your device or associated information with you, your device, or your profile whenever you visit a ISportz Service, even if you do so when logged out or without intentionally identifying yourself; (l) provide Services for our tournaments, events, combines and competitions, such as ticketing and payment services, mapping guidance, offers, and player rosters; (m) prevent fraud or other potentially illegal activities and defend our legal rights; (n) protect the safety of our users and others; and (o) enforce our terms of service

SHARING OF YOUR INFORMATION

We may share your personal information in the instances described below. For further information on your choices regarding your information, see the “Your Choices About Your Information” section below.

Remember, certain of our Services (such as our collegiate recruiting services or photo sharing services or other similar social interaction sites, for example) allow you to connect with others and share information about yourself with other individuals and organizations. Your public-facing profile and information on these Services, including your name, photo, and other personal information, may be available publicly to other members of the Service by default and may be searchable by search engines which may display certain of your information publicly. You may be able to adjust your profile settings to entirely prevent the general public from viewing your profile, though it may remain visible to other users on these services. Also, remember that organizations and other third parties that use ISportz Services may have their own data collection and use policies that ISportz does not control, even in situations where ISportz may access or maintain such data on behalf of the organization. Please review the privacy policies of any third-party organization before sharing your personal information with that organization.

We may also share your personal information with:

Other companies owned by or under common ownership at ISportz. These companies will use your personal information in the same way as we can under this policy.

Third-party vendors and other service providers that perform services on our behalf, as needed to carry out their work for us, which may include identifying and serving targeted advertisements, billing, payment processing, content or service fulfillment, providing research and analytic services, website hosting, transaction fulfillment, database maintenance, contest, sweepstakes and promotion administration, fraud prevention, technology services and platforms, identity management and acquisition and conversion services.

Trusted business partners who may use your information to contact you about opportunities that may be of interest to you.

Other users of certain of the ISportz services. Your information, including both information you provide and information we have collected about you from other users, may be searchable by or made available to other users of certain services for which you may sign up (such as collegiate recruiting or photo sharing or other similar social interaction sites, for example). These users may contact you via email or, with your consent, via text messages. Once your information has been shared with another user of the Service, that user may use and maintain copies of your information outside of the Service. You may be able to control some elements of data sharing through your settings.

With colleges and universities. ISportz may disclose your personal information directly or via a third party to representatives of accredited colleges and universities that you have indicated you are interested in attending, as well as to representatives of other accredited colleges and universities that ISportz and/or our business partners may be of interest to you.

The public. Any information that you voluntarily disclose for posting to the Service is viewable by other users and the public. For example, a tournament director may print a list of athletes at an event and distribute that list to tournament attendees who may or may not be members of the Service. Other parties in connection with a company transaction, such as a merger, sale of company assets or shares, reorganization, financing, change of control or acquisition of all or a portion of our business by another company or third party or in the event of a bankruptcy or related or similar proceedings; Other parties in connection with information about you along with a hashed or masked identifier, with third parties so they may better personalize your experience with them and the offers they send you.

Third parties as required by law or subpoena or to if we reasonably believe that such action is necessary to (a) comply with the law and the reasonable requests of government, regulatory, law enforcement, or public authorities; (b) to enforce our Terms of Use http://iSportz.coc/terms or to protect the security or integrity of our Service; (c) protect our legal rights, privacy or safety, and the rights, privacy and safety of our affiliates, our employees, agents, contractors, or other individuals; (d) protect against fraud or other illegal activity or for risk management purposes; and/or (e) permit us to pursue available remedies, commence, participate in, or defend litigation, or limit the damages that we may sustain.

We may also aggregate or otherwise strip data of all personally identifying characteristics and may share that aggregated, anonymized, hashed or tagged data with third parties.

YOUR CHOICES ABOUT YOUR INFORMATION

Access, correct, and update personal information. You can access, correct, and update certain personal information that you have provided to us by clicking on “Edit Profile” and “Account Settings” on our website.

Communications preferences: You may update your communication preferences at any time by logging into your account and updating your contact information or changing your account settings. You can also stop receiving promotional email communications from ISportz by clicking on the “unsubscribe link” provided in such communications. You can also stop receiving promotional text messaging from ISportz by following the instructions to stop the delivery of such messages, which may include by replying “STOP” to the received text message. We make commercially reasonable efforts to promptly process all unsubscribe requests. As noted above, you may not opt out of Service-related communications (e.g., account verification, purchase and billing confirmations and reminders, changes/updates to features of the Service, technical and security notices). Please note that for certain services (such as collegiate recruiting, for example), coaches and other users may contact you through or outside of the Service and ISportz may not be able to control your preferences for those types of communications.

Certain of our services may allow college coaches to communicate with the athletes on their roster via text message if the college coach sender has their athletes’ consent to do so.

If you have any questions about modifying your account information or changing your communication preferences, you can contact us directly at info@beta.isportz.co.

Privacy Settings: Subject to your profile and privacy settings on certain profile sharing sites contained in certain of our Services, any information that you make public may be searchable by other Users and may be accessible via API(s) and viewable on search engines. You may be able to restrict some of this public sharing by changing your profile privacy settings on the Service or by limiting the type of data in your profile. Changing your privacy settings will not have any effect on information that was previously shared through the Service. Remember that even if you remove information that you posted to the Service, copies may remain viewable in cached and archived pages of the Service, or if other Users have copied or saved that information.

Certain information is not searchable or viewable to other Users. This can include: analytics information about your performance on the website, notes you make on your recruiting progress, ratings you give to other Users, your lists of other Users and non-Users, and messages you send and receive.

How long we keep your Information: Following termination or deactivation of your User account, iSportz may retain your profile information for a commercially reasonable time for backup, archival, or audit purposes. Please contact us at info@beta.isportz.co if you wish to delete your account. In some instances, we may not be able to delete your content but we will inform you of the reason.

Please be aware that we will not be able to delete any content you have shared with others on the Service or with social media sites. Please also be aware that we may be able to delete data that you provided to the Service about yourself or others, but we may not be able to delete data about you that was provided by another user, such as a youth coach, college coach, or tournament director. By way of example, if a youth coach adds an athlete’s information to a team roster or a college coach adds a recruit to the college coach’s list, that information cannot be deleted by the athlete once it has been shared or entered by the coach).

HOW WE STORE AND PROTECT YOUR INFORMATION

Storage and Processing: Your information collected through the Service may be stored and processed in the United States or any other country in which iSportz or its subsidiaries, affiliates or service providers maintain facilities. If you are located in the European Union or other regions with laws governing data collection and use that may differ from U.S. law, please note that we may transfer information, including personal information, to a country and jurisdiction that does not have the same data protection laws as your jurisdiction, and you consent to the transfer of information to the U.S. or any other country in which ISportz or its parent, subsidiaries, affiliates or service providers maintain facilities and the use and disclosure of information about you as described in this Privacy Policy.

Keeping your information safe: ISportz cares about the security of your information and uses commercially reasonable physical, administrative, and technological safeguards to preserve the integrity and security of all information collected through the Service. However, no security system is impenetrable and we cannot guarantee the security of our systems. In the event that any information under our control is compromised as a result of a breach of security, iSportz will take reasonable steps to investigate the situation and where appropriate, notify those individuals whose information may have been compromised and take other steps, in accordance with any applicable laws and regulations.

CHILDREN’S PRIVACY; MINORS; SCHOOLS

Our services are directed to adults and persons over the age of 13. ISportz does not knowingly permit anyone under the age of 13 to submit data to us and does not knowingly collect or solicit any information from anyone under the age of 13 or knowingly allow such persons to register as Users. In the event that we learn that we have collected personal information directly from a child under age 13, we will delete that information as quickly as possible. If you believe that we might have collected any information from a child under 13, please contact us at info@beta.isportz.co. We recommend that minors over the age of 13 and under the age of 18 ask their parents for permission before sending any information about themselves to us or anyone else over the Internet. Minors under 18 years old, or their parents, may request the removal of information that they posted to iSportz sites by contacting info@beta.isportz.co. Upon such request, ISportz will anonymize, or remove any content posted by a minor, unless required by law to retain such content or information. Schools and other organizations that are covered by state student privacy laws will be able to control the collection and processing of student data when they create and utilize certain solutions we make available to them, such as sports team management solutions.

LINKS TO OTHER WEB SITES AND SERVICES

Our Service may integrate with or contains links to other third-party sites and services. We are not responsible for the practices employed by third party websites or services embedded in, linked to, or linked from the Service and your interactions with any third-party website or service are subject to that third party’s own rules and policies. In addition, you agree that we are not responsible for and we do not have any control over any third parties that you authorize to access your information, including the organizations you interact with on our Service.

HOW TO CONTACT US

If you have any questions about this Privacy Policy or the Service, please contact us at info@beta.isportz.co.

CHANGES TO OUR PRIVACY POLICY

ISportz may modify or update this Privacy Policy from time to time to reflect the changes in our business and practices, so you should review this page periodically. When we change the policy in a material manner, we will update the ‘last modified’ date at the bottom of this page.

INTERNATIONAL TRANSFER

This Service is governed by and operated in accordance with US law. If you are located outside of the US, you use this Service at your own risk. By using this Service, you acknowledge that the data protection and other laws of other countries, such as the United States, may provide a less comprehensive or protective standard of protection than those in your country, and consent to your Information being collected, processed and transferred as set forth in this Privacy Policy and US law. We will take steps to ensure that your information receives an appropriate level of protection.

HOW YOU CAN ACCESS OR CORRECT INFORMATION

Access to certain account-specific personal information that is collected from our Services and that we maintain may be available to you. For example, if you created a password-protected account within our Service, you can access that account to review certain information you provided. You may also send an e-mail or letter to the following e-mail or street address requesting access to or correction of your personal information. Please include your registration information for such services such as first name, last name, and e-mail address in the request. We may ask you to provide additional information for identity verification purposes or to verify that you are in possession of an applicable email account.

E-mail Administration

iSportz, Inc.

956 International Parkway,

Ste. 1590, Lake Mary, FL 32746

Telephone: 855-477-6785

Email: info@beta.isportz.co

HOW TO OPT OUT OF MARKETING COMMUNICATIONS

If you would like to opt-out from our sharing of your personal information with unaffiliated third parties for the third parties direct marketing purposes, you may contact our Privacy Policy Coordinator at the above address or info@beta.isportz.co and request that we opt you out of such sharing. We may ask you to provide additional information for identity verification purposes or to verify that you are in possession of an applicable email account.

If you have signed up to receive our e-mails and prefer not to receive marketing information from this Service, follow the “unsubscribe” instructions provided on any marketing e-mail you receive from us. If you have signed up to receive text messages from us and no longer wish to receive such messages, you may follow the instructions to stop the delivery of such messages, which may include by replying “STOP” to the received text message.

CALIFORNIA RESIDENTS —PRIVACY RIGHTS

This section addresses legal obligations and rights laid out in the California Consumer Privacy Act (“CCPA”). These obligations and rights apply to businesses doing business in California and to California residents and information that identifies, relates to, describes, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, with California consumers or households (“California Information”). The information contained in this section applies to California Information collected and used by ISportz (for the purposes of this section, “we” or “us”). (For a full list of the entities that comprise ISportz) If you are a California resident and would like to learn more about this information, please review the following paragraphs.

California Information We Collect. Please see Section 1 (above) regarding “INFORMATION WE COLLECT” and Section 2(above) regarding “HOW WE USE COOKIES AND OTHER TRACKING TECHNOLOGY TO COLLECT INFORMATION”.

California Information We Share.

We share these categories of California Information for operational purposes with providers who provide services for us: please see Section 4 (above), “SHARING OF YOUR INFORMATION”.

California Information We “Sell”. The CCPA defines ‘sale’ very broadly. It includes the sharing of California Information in exchange for anything of value. According to this broad definition, nearly any information we share may be deemed to be a sale. For information that we share, please see Section 4 (above), “SHARING OF YOUR INFORMATION”.

California Consumers Under 16 Years Old. CCPA has specific rules regarding the use of California Information from consumers under 16 years of age. In particular, consistent with the CCPA, if we have the California Information of a consumer under the age of 16, we will not sell the information unless we receive affirmative permission to do so. If the consumer is between the ages of 13 and 16 years of age, the consumer may provide that permission; if the consumer is under the age of 13, the consumer’s parent or guardian must provide the permission.

Your California Privacy Rights to Request Disclosure of Information We Collect and Share about You. California’s Civil Code section 1798.83 requires certain businesses to respond to requests from California customers asking about the business’ practices related to disclosing personal information to third parties for the third parties’ direct marketing purposes. Alternately, businesses, such as ours, may have in place a policy not to disclose personal information of customers to third parties for the third parties’ direct marketing purposes if the customer has exercised an option to opt-out of such information-sharing. As discussed above in Section 13, if you wish to opt-out of our sharing of your personal Information with third parties for the third parties’ direct marketing purposes, please contact our Privacy Policy Coordinator as described above.

In addition, if you are a California resident, the CCPA grants you the right to request certain information about our practices with respect to California Information. In particular, you can request the following:

The categories and specific pieces of your California Information that we’ve collected.

The categories of sources from which we collected California Information.

The business or commercial purposes for which we collected or sold California Information.

The categories of third parties with which we shared California Information.

You can submit a request to us for the following additional information:

The categories of third parties to which we’ve sold California Information, and the category or categories of California Information sold to each

The categories of California Information that we’ve shared with service providers who provide services for us, like processing your bill.

To exercise your CCPA rights with request to this information, contact us at info@beta.isportz.co.

Your Right to Request the Deletion of California Information. Upon your request, we will delete the California Information we have collected about you, except for situations when that information is necessary for us to: provide you with a product or service that you requested; perform a contract we entered into with you; maintain the functionality or security of our systems; comply with or exercise rights provided by the law; or use the information internally in ways that are compatible with the context in which you provided the information to us, or that are reasonably aligned with your expectations based on your relationship with us. To exercise your right to request the deletion of your California Information or to tell us not to sell your California Information, contact us at info@beta.isportz.co. If you exercise any of these rights explained in this section of the Privacy Policy, we will not disadvantage you. These requests are generally free. You will not be denied or charged different prices or rates for goods or services or provided a different level or quality of goods or services. Because the nature of our platform permits and encourages you to share information pertaining to college sports recruiting, the deletion of certain information may negate the effectiveness of certain services.

This privacy policy was last modified on February 25, 2022.

iSportz Terms of Use

Dear potential customer of iSportz and its subsidiaries or affiliates (collectively “iSportz”)! Welcome! Yes, we have to get to the legalese of our pending relationship. But we know you want the expert solutions that iSportz can provide. Before doing so, we ask that you please review the following Terms of Usage (“TOU Acknowledgment”), which control and apply to your review, access and use of websites (the “Websites”), mobile apps or other virtual platforms (the “Platforms”) utilized by iSportz and the purchasing of products (the “Products”) or services and any other services offered on the Websites and Platforms (collectively, the “Services”). Your use of the Websites, Platforms and any procurement of iSportz’ Products or Services will constitute your full, knowing and voluntary understanding/agreement that you will comply with the terms and conditions of this TOU Acknowledgment.

iSportz Policy on Privacy

We also do not want any hiccups in our relationship due to communication breakdowns. So, you have some homework. In addition to reviewing this TOU Acknowledgment, if you have not already read it, we ask that you should also read our Privacy Policy (see the link to iSportz Policy on Privacy) to learn more about what we do, and how we use any protected information. Your ongoing review, access or use of the Websites and Platforms constitutes your TOU Acknowledgment to the terms and conditions of the Privacy Policy

Consent to Electronic Communications

The great part of the iSportz customer-service model is the efficiency it creates to help bring products and services to you, our customer. That being said, whenever you are on our Websites, use the Platforms, or send e-mails or other data to iSportz, please understand that you will be communicating with us through electronic means for the most part. In doing so, you understand and agree that you are consenting to obtaining communications from us likewise, through electronic means. Thus, in most cases, we will communicate with you by email. We may also communicate with our customers by posting notices on the Websites and/or Platforms. At all times, you hereby understand and agree that all TOU Acknowledgments, any other disclosures and all other communications that iSportz provides to you electronically satisfy any legal requirement that such communications be in writing.

Websites and Platforms – Ownership

Yes, the legalese gets even more boring. But bear with us. The Websites and Platforms are expressly owned, managed and/or operated in whole or in part by iSportz. Unless otherwise noted, the design and content features on the Websites and Platforms, including information and other materials, video presentations, audio presentations, drawings, photographs, illustrations, product layout and design, icons, navigational buttons, images, artwork, graphics, all forms of text, data, audio sound, hardware, software, any and all other information or data used for purposes of the Websites and Platforms, as well as the choice and presentation style and the format thereof (the “Website and Platforms”), are owned by iSportz or are licensed from third-party service providers by iSportz. The Websites and Platforms, as a whole and in part, are protected by copyright, trademark, service mark, trade name, and other intellectual property and other proprietary rights, and all other applicable rights are reserved.

Websites and Platforms – Assumption of Risk

Our Websites and Platforms are presented to the public on an “as is” basis, with all of the benefits and potential downsides, risks or faults. By continuing to access the Websites and Platforms, you agree that your use is at your own risk. Websites and Platforms may contain errors, omissions, or typographical errors or maybe out of date. The Websites and Platforms maybe changed, deleted or updated at any time and without prior notice.

Websites and Platforms – Authorized Use Only

Our Websites and Platforms are for personal use and authorized business use only. Our Websites and Platforms are not to be used for non-personal, or anti-competitive commercial purposes unless expressly authorized by iSportz. Generally speaking, without prior express authorization from iSportz, non-authorized individuals/entities may not use our Websites and Platforms. Unauthorized and/or unlawful uses of the Websites and Platforms, including efforts to collect usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email and unauthorized connecting to our Websites and Platforms, will be subject to any and all appropriate civil and/or criminal actions, seeking damages and reasonable attorney’s fees and costs, as authorized pursuant to applicable law.

Websites and Platforms – Access and Use

The Websites, Platforms, Products and Services are not intended for users under the age of 18, however, users under the age of 18 may access the Websites, Platforms, Products and the Services as detailed below. To register for any Products and Services offered on the Websites or Platforms, you must be 18 years of age or older. If you are a minor under the age of 18, you may only use the Websites and/or Platforms in conjunction with your parents or guardians. iSportz does not knowingly collect personally identifiable information from users under the age of 18. Children under 18 should not use the Websites and Platforms. If a child under 18 submits information through any part of the Websites or Platforms, and iSportz becomes aware that the person submitting the information is a child, we will attempt to delete this information as soon as possible.

Websites and Platforms – Ending Your Ability to Use

Your failure to follow the requirements of this TOU Acknowledgment may result in suspension or termination of your access to the Websites, Platforms, Products or Services, without notice, in addition to any and all other relief and remedies available under the law. iSportz further reserves the right to terminate, without notice, any user’s access to or use of the Websites, Platforms, Products or Services for any reason.

Disclaimer of Warranty; Limitation of Liability

Ok, this is really important, and we respectfully request you read the following. You acknowledge that you are accessing, reading or using the Websites, the Platforms, and the Products or Services at your own risk. The Websites, Platforms and the Products or Services are provided “as is,” and to the full extent permitted by applicable law, iSportz, its affiliates and its third-party service providers hereby expressly disclaim any and all warranties, express and implied, including, without limitation, any warranties of accuracy, completeness or reliability, title, noninfringement, merchantability or fitness for a particular purpose, or any other warranty, condition, guarantee or representation, whether oral, in writing or in electronic form. iSportz, its affiliates, and its third-party service providers do not represent or warrant that access to the Websites and Platforms and their Products or Services will be uninterrupted or that there will be no failures, errors or omissions, or loss or security breach of transmitted information, or that no viruses will be transmitted through access to or use of iSportz.co. iSportz, its subsidiaries and affiliates, and its third-party service providers shall not be liable to you or any third parties for any direct, indirect, special, consequential or punitive damages arising out of this TOU Acknowledgment, the provision of Services hereunder, the sale or purchase of any products or merchandise ordered through the Websites, your access to or inability to access the Websites and Platforms or Products or Services, including for viruses alleged to have been obtained from the Products or Services, your use of or reliance on the Products or Services, the Websites and Platforms or materials available through third-party Websites linked to the Websites, regardless of the type of claim or the nature of the cause of action, even if advised of the possibility of such damages. Some states do not allow the exclusion of implied warranties or the limitation or exclusion of liability for incidental or consequential damages, so the above exclusions or limitations may not apply to you. You may also have other rights that vary from state to state.

Further, by continuing to access, review and use our Websites and Platforms, you hereby agree to release iSportz, its subsidiaries, affiliates and third-party service providers, and each of their respective directors, officers, employees, and agents from any and all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed (“Claims”), arising out of or in any way connected with your use of the Websites and Platforms and their Services. Further, by continuing to access, review and use our Websites and Platforms, you hereby agree to release iSportz, its subsidiaries, affiliates and third-party service providers, and each of their respective directors, officers, employees, and agents from any and all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed (“Claims”), arising out of or in any way connected with your use of the Websites and Platforms and their Services.

If you are a California resident, you waive California Civil Code section 1542, which states, in part: a general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.

For Use Only in the United States of America

The Websites and Platforms are hosted in the United States and are intended for users located in the United States. If you are a non-U.S. user of the Websites and Platforms, by visiting the Websites, using the Platforms, and using their Products or Services and/or providing us with any communications or information, you thereby agree to comply with all applicable laws governing the Websites and Platforms, their Products or Services, online conduct and acceptable communications. You further agree to comply with all applicable laws regarding the transmission of data exported from the United States or the country in which you reside.

Trademark Protections

iSportz, and the Websites, Platforms, Products and Services names, logos, and other identifying marks are the property of iSportz. Other featured words or symbols, used to identify the source of merchandise or services, maybe the trademarks of their respective owners.

Notice of Opt-In/Opt-Out – Text Messaging and SMS Communications

Please note that we welcome communications that make your life and ours much easier and more enjoyable! That said, please know that if you provide a cell phone number, we may use this information to send SMS updates about your requests, orders and other feedback, including any promotional or marketing information. We may also share this information with a third-party to aid in sending text messages via SMS or SMS short codes to you. You will always have the right to reply ‘STOP’ to any SMS message in order to Op-Out from SMS updates. You may also be able to reply ‘HELP’ to get help. As a courtesy to our customers, iSportz does not charge any users fees to send or receive text messages. However, iSportz is not responsible in the event message and data rates are applied by your cellular service carrier. Any and all cellular carriers utilized and/or accepted by iSportz are generally not liable for delayed or undelivered messages. iSportz will not be liable for any delays in the receipt of any SMS messages connected with our SMS infrastructure.

Lastly, iSportz respects your privacy. See this link to iSportz’s Policy on Privacy. To comply with applicable governmental regulations or laws, we do reserve the right to disclose any information as necessary to satisfy any law, regulation or governmental request, to avoid liability, to protect our rights or property. You also understand that forms of communications made through digital or cellular means such as text messages are generally not encrypted or secure. Thus, we encourage you to take precautions in your communications with us.

Modifications to TOU Acknowledgment and Other Rights

Because things may change in the industry or with respect to legal compliance issues, iSportz reserves the right, at any time, with or without prior notice, to modify, alter or update this TOU Acknowledgment. Please know that the most recent version of the TOU Acknowledgment will be what is viewable on this webpage. Your ongoing and/or continued viewing or access to the Websites and Platforms, and use of the Products or Services by you, will constitute your acceptance of any changes or revisions to the TOU Acknowledgment. iSportz also reserves the right to add or post, from time to time, additional Terms of Usage that apply to particular sections or areas of the Websites and/or Platforms. Again, your ongoing and/or continued use of the Websites and Platforms shall connote your TOU Acknowledgment to comply with any and all language adjustments.

Florida is Governing Law; Venue and Jurisdiction

iSportz makes no representation that the Websites and Platforms, the Products or Services offered through the Websites and Platforms are appropriate, available or legal in any particular location. Those who choose to use, review or access the Websites and Platforms and the Services and Products offered through the Websites and Platforms do so at your own voluntarily choosing and are responsible for compliance with state or local laws, if and to the extent state or local laws are applicable.

Acknowledgment, for all purposes, shall be governed and interpreted in full, in accordance with the laws of the State of Florida. Any action based on or alleging a breach of this TOU Acknowledgment must be brought in a state or federal court located in the United States District Court, Middle District of Florida, Orlando Division. In addition, both parties agree to submit to the exclusive personal jurisdiction and venue of such courts, and expressly waive venue and jurisdiction elsewhere. You also agree to waive any right to a jury trial, and any and all actions will be conducted by a bench trial only.

Cookie Policy

Please read this cookie policy carefully before using [isportz.co] website operated by us.

What are cookies?

Cookies are simple text files that are stored on your computer or mobile device by a website’s server. Each cookie is unique to your web browser. It will contain some anonymous information such as a unique identifier, website’s domain name, and some digits and numbers.

What types of cookies do we use?

Necessary cookies

Necessary cookies allow us to offer you the best possible experience when accessing and navigating through our website and using its features. For example, these cookies let us recognize that you have created an account and have logged into that account.

Functionality cookies

Functionality cookies let us operate the site in accordance with the choices you make. For example, we will recognize your username and remember how you customized the site during future visits.

Analytical cookies

These cookies enable us and third-party services to collect aggregated data for statistical purposes on how our visitors use the website. These cookies do not contain personal information such as names and email addresses and are used to help us improve your user experience of the website.

How to delete cookies?

If you want to restrict or block the cookies that are set by our website, you can do so through your browser setting. Alternatively, you can visit www.internetcookies.com, which contains comprehensive information on how to do this on a wide variety of browsers and devices. You will find general information about cookies and details on how to delete cookies from your device.

Contacting us

If you have any questions about this policy or our use of cookies, please contact us.