Terms of service.

EliteSportIQ Inc. ("EliteSportIQ," "we," "us," or "our")

1. Definitions

• "Services" means the EliteSportIQ website, application, coaching platform, badge system, referral program, and all related features
• "Subscriber" / "you" means any individual who creates an account and/or subscribes to a plan
• "Coach" means an independent coaching professional providing services through the platform
• "Session" means a scheduled 1-on-1 video analysis or mental performance coaching appointment
• "Plan" means a monthly subscription tier (Basic, Prospect, Pro, or Elite) with specified session allotments and features
• "Billing Cycle" means the recurring monthly period beginning on your subscription start date

2. Account Registration & Eligibility

• You must be at least 13 years of age to create an account. Users under 16 require verifiable parental/guardian consent
• You must provide accurate, current, and complete information during registration and keep it updated
• You are solely responsible for maintaining the confidentiality of your login credentials and for all activity under your account
• You must immediately notify us of any unauthorized use of your account at support@elitesportiq.com
• One account per person. Accounts are non-transferable

3. Subscription Plans & Pricing

• Basic: $109.99/month: 1 session per month, 48-hour booking window, 3-month video storage
• Prospect: $179.99/month: 2 sessions per month, 48-hour booking window, 6-month video storage
• Pro: $254.99/month: 3 sessions per month, 24-hour booking window, 12-month video storage
• Elite: $324.99/month: 4 sessions per month, 24-hour booking window, 12-month video storage

Each plan is chosen as either video analysis or mental performance coaching. A Combo plan covering both tracks is available at 1.8× the base monthly rate. Each plan is also offered as a flat 7-month season pass billed once per season: Basic $651, Prospect $1,064, Pro $1,512, Elite $1,932.

Prices are in United States Dollars (USD) and do not include applicable taxes, which are calculated and shown at checkout based on your location. We reserve the right to modify pricing with 30 days' written notice before your next billing cycle. Price changes do not apply retroactively to the current billing period.

4. Billing, Payment & Automatic Renewal

• Payment is processed securely through Stripe Inc. (PCI DSS Level 1 certified). We do not store your full credit card information
• You authorize EliteSportIQ to charge your payment method on file for the recurring subscription fee at the beginning of each billing cycle
• If a payment fails, we will attempt to process it up to 3 times over 7 days. If all attempts fail, your account will be suspended and sessions cannot be booked until payment is resolved
• You are responsible for keeping your payment method current and valid
• All charges will appear on your statement as "ELITESPORTIQ" or "ESQ*COACHING"
• Receipts are emailed after each successful payment and are accessible in your account under Plans & Billing

5. Cancellation & Refund Policy

5.1 Cancellation

• You may cancel your subscription at any time through your account settings (Plans & Billing) or by emailing support@elitesportiq.com
• Cancellation takes effect at the end of your current billing cycle. You retain access to all features and unused sessions until that date
• No partial-month refunds are issued for mid-cycle cancellations
• Cancellation confirmations are sent via email within 24 hours

5.2 Refund Policy

• 30-Day Money-Back Guarantee: New subscribers may request a full refund within 30 days of their first payment if they are not satisfied, provided they have completed no more than 1 coaching session
• Service Failures: If a coach fails to attend a scheduled session, you will receive a full session credit or, at your option, a prorated refund
• Technical Issues: If platform issues prevent session delivery, a makeup session or prorated refund will be provided
• No Refunds For: Sessions you fail to attend without 24-hour notice, sessions you have completed, months where service was delivered as described, or voluntary non-use of available sessions
• Unused Sessions: Unused sessions roll over to future billing cycles, up to a maximum of one cycle's worth of rollover credits held at any time. Rollover credits are spent after your current cycle's sessions and are not refundable
• Refunds are processed to the original payment method within 5–10 business days

6. Session Booking & Delivery

• Sessions are booked through the platform based on coach availability
• You must provide any required video files at least 24 hours before a video analysis session
• Cancellation/Rescheduling: Sessions may be cancelled or rescheduled with at least 24 hours' notice at no charge. Late cancellations (less than 24 hours) count as a used session
• No-Shows: If you fail to attend a scheduled session without prior notice, the session is forfeited and counts as used. No refund or credit is issued
• Coach No-Shows: If your coach fails to attend, you will be notified immediately and offered a rescheduled session or a full session credit
• Session durations vary by type (typically 30–60 minutes). Specific durations are shown at time of booking

7. Chargebacks & Payment Disputes

• By subscribing, you acknowledge that you are authorizing recurring monthly charges as described in Section 4
• We retain detailed transaction logs including: subscription consent records with timestamps, IP addresses, and device information; session booking confirmations and attendance records; video upload/download logs and session delivery proof; email delivery receipts for all transactional communications; cancellation requests and processing records; all customer support interactions and resolutions
• In the event of a chargeback, we will submit comprehensive evidence to the card network including the above records. Chargebacks filed for services that were delivered as described may be contested
• If a chargeback is filed and subsequently reversed in our favor, we reserve the right to charge a $25 USD administrative fee to cover processing costs
• Accounts with pending chargebacks will be immediately suspended. If the chargeback is resolved in our favor, access will be restored. If resolved in your favor, the account will be permanently closed
• Filing a fraudulent chargeback for services you received constitutes a breach of these Terms and may be referred to applicable law enforcement

8. User Conduct & Acceptable Use

You agree not to:

• Share your account credentials or allow others to access your account
• Upload content that is illegal, harmful, abusive, harassing, defamatory, or otherwise objectionable
• Record, redistribute, or publicly share coaching session content without the coach's written consent
• Use the platform for any commercial purpose other than receiving coaching services
• Attempt to exploit, hack, reverse-engineer, or interfere with the platform's functionality or security
• Abuse the referral program through fake accounts, self-referrals, or fraudulent activity
• Harass, threaten, or engage in abusive behavior toward coaches, staff, or other users

Violation of these terms may result in immediate account suspension or termination without refund.

9. Intellectual Property

• The EliteSportIQ platform, brand, logo, design, code, and content are the exclusive property of EliteSportIQ Inc. and protected by Canadian and international intellectual property law
• Your Content: You retain ownership of videos, images, and other content you upload. By uploading, you grant EliteSportIQ a limited, non-exclusive license to process, store, and display your content solely for the purpose of delivering coaching services
• Coach Content: Session notes, annotations, drill plans, and other materials created by coaches during your sessions are licensed to you for personal use only
• The badge system, achievement names, and tier designations are proprietary to EliteSportIQ

10. Coach Relationship

• Coaches on the EliteSportIQ platform are independent contractors, not employees of EliteSportIQ
• While we vet coaches for qualifications and conduct, we do not guarantee specific outcomes or results from coaching sessions
• Coaching advice is for informational and developmental purposes only and does not constitute professional medical, psychological, or athletic training advice
• You should consult qualified professionals before making changes to physical training regimens based on coaching suggestions

11. Disclaimers & Limitation of Liability

THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

• We do not guarantee uninterrupted, error-free, or secure operation of the platform
• We do not guarantee specific athletic improvement, performance outcomes, or competitive results
• TO THE MAXIMUM EXTENT PERMITTED BY LAW, ELITESPORTIQ'S TOTAL LIABILITY FOR ANY CLAIM ARISING FROM THESE TERMS OR YOUR USE OF THE SERVICES SHALL NOT EXCEED THE TOTAL AMOUNT YOU PAID TO ELITESPORTIQ IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM
• IN NO EVENT SHALL ELITESPORTIQ BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, USE, OR GOODWILL

12. Indemnification

You agree to indemnify, defend, and hold harmless EliteSportIQ Inc., its officers, directors, employees, agents, coaches, and affiliates from and against any and all claims, damages, losses, costs, and expenses (including reasonable legal fees) arising from your use of the Services, violation of these Terms, or infringement of any third-party rights.

13. Dispute Resolution & Governing Law

• These Terms are governed by and construed in accordance with the laws of the Province of Ontario, Canada, and the federal laws of Canada applicable therein
• Informal Resolution: Before initiating formal proceedings, you agree to contact us at support@elitesportiq.com and make a good-faith effort to resolve the dispute informally within 30 days
• Mediation: If informal resolution fails, either party may initiate non-binding mediation administered under the rules of the ADR Institute of Ontario
• Jurisdiction: Any legal proceedings shall be brought exclusively in the courts of the Province of Ontario, located in Toronto, and you consent to the personal jurisdiction of such courts
• Nothing in this section prevents either party from seeking injunctive or equitable relief in any court of competent jurisdiction

14. Termination

• By You: You may terminate your account at any time through account settings or by emailing support@elitesportiq.com
• By Us: We may suspend or terminate your account immediately if you breach these Terms, engage in fraudulent activity, file an unsubstantiated chargeback, or if required by law
• Upon termination, your right to use the Services ceases immediately. Data retention follows our Privacy Policy (Section 5)
• Sections 7, 9, 11, 12, 13, and this Section 14 survive termination

15. General Provisions

• Entire Agreement: These Terms, together with the Privacy Policy and any plan-specific terms, constitute the entire agreement between you and EliteSportIQ
• Severability: If any provision is found unenforceable, the remaining provisions remain in full force
• Waiver: Failure to enforce any right does not waive that right
• Assignment: You may not assign these Terms. We may assign them in connection with a business transfer
• Force Majeure: We are not liable for delays or failures due to events beyond our reasonable control
• Modifications: We may update these Terms with 30 days' notice via email. Continued use after the effective date constitutes acceptance

16. Contact Information

• Billing & Account Support: support@elitesportiq.com
• Privacy Inquiries: privacy@elitesportiq.com
• Legal: legal@elitesportiq.com
• Mailing Address: EliteSportIQ Inc., Ontario, Canada