These Terms govern use of the AthleticsMatcher mobile application and related websites or APIs. They are a starting draft for App Store and Google Play listings, not legal advice. Have a lawyer review them before launch, and insert your legal entity name and mailing address.
By creating an account, checking the consent boxes, or using AthleticsMatcher (the “App”), you agree to these Terms of Service (the “Terms”) and our Privacy Policy. If you do not agree, do not use the App.
AthleticsMatcher compares body measurements you provide (or that are estimated from a photo) against a sports database and returns ranked “match” percentages. Results are informational and recreational.
Important disclaimer. AthleticsMatcher is not medical advice, sports-medicine advice, coaching, talent identification, or a guarantee of performance, safety, or suitability for any sport. Match scores are estimates from a model. They can be wrong. Do not start, stop, or change training, competition, or medical care based only on the App. Consult a qualified physician, trainer, or coach before beginning a sport or exercise program. Sports involve risk of injury.
“User Content” includes measurements, profile choices, photos you upload or capture, feedback messages, and similar material you submit.
You retain ownership of your User Content. You grant us a worldwide, non-exclusive, royalty-free license to host, process, display, and use that content only as needed to operate the App, generate match results, provide support, improve the service in aggregated or de-identified form, and comply with law.
You represent that you have the right to submit the User Content and that it does not infringe others’ rights or contain anyone else’s image without permission.
Photos are intended to be processed for measurements and then deleted, as described in the Privacy Policy. Do not upload illegal, sexual, or other people’s images.
You agree not to:
The App, logo, database, ranking method, text, and design are owned by us or our licensors. We grant you a personal, limited, revocable, non-transferable license to use the App for your own non-commercial purposes. You may not copy the sports database or ranking output for a competing product.
If you send feedback, ideas, or suggestions, we may use them without restriction or payment. Do not include sensitive personal data in feedback unless needed to describe a problem.
The App may show third-party banner ads. Ads are provided by networks such as Google AdMob. Those parties’ terms and privacy policies also apply. We are not responsible for advertiser products or websites.
The App may rely on hosting providers, ad networks, email providers, and app stores. Apple and Google are not parties to these Terms and are not responsible for the App. Your use of the App Store or Google Play is also governed by Apple’s or Google’s terms.
We may change, suspend, or discontinue features at any time. We may update the matching model or database, which can change results. We do not promise uninterrupted service.
THE APP IS PROVIDED “AS IS” AND “AS AVAILABLE.” TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT RESULTS WILL BE ACCURATE, COMPLETE, OR SUITABLE FOR YOU.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE AND OUR OFFICERS, CONTRACTORS, AND SUPPLIERS WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, LOST DATA, OR PERSONAL INJURY ARISING FROM THE APP OR FROM PARTICIPATION IN ANY SPORT.
OUR TOTAL LIABILITY FOR ANY CLAIM RELATING TO THE APP WILL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID US FOR THE APP IN THE 12 MONTHS BEFORE THE CLAIM OR (B) USD $50. SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS. IN THOSE PLACES, OUR LIABILITY IS LIMITED TO THE FULLEST EXTENT PERMITTED.
You will defend and indemnify us against claims arising from your User Content, your misuse of the App, your violation of these Terms, or your participation in any sport or training after using the App.
You may stop using the App at any time and delete your account. We may suspend or terminate access if you violate these Terms or if we stop offering the App. Sections that should survive (including 3, 5, 7, 8, and 12–18) will survive termination.
These Terms are governed by the laws of the State of California, United States, without regard to conflict-of-law rules, except that the Federal Arbitration Act governs Section 17 if that section is used. If a court finds any part unenforceable, the rest remains in effect.
Exclusive venue for disputes that are not required to be arbitrated is the state or federal courts located in Santa Clara County, California, unless consumer-protection law in your place of residence requires otherwise.
Before filing a claim, email [email protected] and allow 30 days to try to resolve the issue informally.
If you later add binding arbitration and a class-action waiver, insert that language here after legal review. Until then, disputes will be handled in the courts described above, subject to applicable consumer laws.
We may update these Terms. We will change the “Last updated” date and may provide notice in the App. If you continue using the App after the update becomes effective, you accept the new Terms where permitted by law. If you do not agree, stop using the App and delete your account.
AthleticsMatcher
San Jose, California, United States
[email protected]
Privacy: [email protected]
Insert your legal entity name and mailing address before publishing.