Terms of Service

1. Agreement to Terms

These Terms of Service ("Terms) constitute a legally binding agreement between you and [COMPANY NAME], a company registered in Dubai, United Arab Emirates (Company Registration Number: [REGISTRATION NUMBER]) ("Company," "we," "us," or "our"), concerning your access to and use of the AthleteOSX platform, including our website, mobile applications, and related services (collectively, the "Platform).

By accessing or using the Platform, you agree to be bound by these Terms and our Privacy Policy. If you do not agree to these Terms, you must not access or use the Platform.

IMPORTANT: These Terms contain an arbitration clause and class action waiver that affect your legal rights. Please read Section 18 carefully.

2. Definitions

• "Athlete means an individual user who creates an account to access professional services and manage their athletic development.
• "Professional means a verified service provider (including but not limited to coaches, physiotherapists, nutritionists, sports psychologists, and other specialists) who offers services to Athletes through the Platform.
• "User means any person who accesses or uses the Platform, including both Athletes and Professionals.
• "Content means any data, text, graphics, photographs, videos, audio, documents, reports, or other materials uploaded, posted, or transmitted through the Platform.
• "Services means all features, functionality, and services provided through the Platform.
• "Transaction means any booking, payment, or service arrangement between an Athlete and a Professional facilitated through the Platform.

3. Eligibility and Account Registration

3.1 Age Requirements

You must be at least 18 years old to create an account and use the Platform. If you are under 18, you may only use the Platform under the supervision of a parent or legal guardian who agrees to be bound by these Terms.

3.2 Account Creation

To access certain features of the Platform, you must create an account. You agree to:

• Provide accurate, current, and complete information during registration
• Maintain and promptly update your account information
• Maintain the security of your account credentials
• Notify us immediately of any unauthorized access or security breach
• Accept responsibility for all activities that occur under your account

3.3 Professional Verification

Professionals must complete our verification process, which includes:

• Submission of valid professional credentials and certifications
• Identity verification
• Background checks (where legally permissible)
• Proof of professional liability insurance (where applicable)

We reserve the right to reject any Professional application or revoke verification at our sole discretion.

4. User Obligations and Prohibited Conduct

4.1 Acceptable Use

You agree to use the Platform only for lawful purposes and in accordance with these Terms. You agree NOT to:

• Violate any applicable laws, regulations, or third-party rights
• Impersonate any person or entity or misrepresent your affiliation
• Upload or transmit viruses, malware, or any malicious code
• Attempt to gain unauthorized access to the Platform or other users' accounts
• Interfere with or disrupt the Platform's operation or servers
• Use automated systems (bots, scrapers) without our written permission
• Collect or harvest personal information of other users
• Engage in any fraudulent, abusive, or harassing behavior
• Circumvent any security features or access restrictions
• Use the Platform for any commercial purpose outside the intended use

4.2 Professional Conduct

Professionals additionally agree to:

• Maintain valid professional credentials and licenses
• Provide services in accordance with professional standards and ethics
• Maintain appropriate professional liability insurance
• Comply with all applicable healthcare and data protection regulations
• Not provide services outside their scope of practice or expertise
• Maintain confidentiality of Athlete information

5. Platform Services

5.1 Marketplace Function

AthleteOSX operates as a marketplace platform connecting Athletes with Professionals. We facilitate Transactions but are not a party to the actual service agreements between Athletes and Professionals. We do not employ Professionals and are not responsible for their services, conduct, or qualifications beyond our verification process.

5.2 No Medical Advice

IMPORTANT: The Platform does not provide medical advice, diagnosis, or treatment. Any health-related information or services provided through the Platform are for informational and performance optimization purposes only. Always seek the advice of qualified healthcare professionals for medical conditions.

5.3 Service Modifications

We reserve the right to modify, suspend, or discontinue any aspect of the Platform at any time, with or without notice. We are not liable for any modification, suspension, or discontinuation of the Platform.

6. Payments, Fees, and Refunds

6.1 Subscription Fees

Certain features of the Platform require payment of subscription fees. By subscribing, you authorize us to charge your payment method on a recurring basis until you cancel. Subscription fees are:

• Charged in advance for each billing period
• Non-refundable except as required by law or stated in our refund policy
• Subject to change with 30 days' notice
• Exclusive of applicable taxes, which you are responsible for

6.2 Transaction Fees

We charge transaction fees for bookings and payments processed through the Platform. Current fee structures are available on our Pricing Page. Transaction fees are:

• Deducted from payments before disbursement to Professionals
• Non-refundable even if the service is cancelled or refunded
• Subject to change with 30 days' notice

6.3 Payment Processing

Payments are processed through third-party payment processors. By providing payment information, you authorize us and our payment processors to charge your payment method. You represent that you have the legal right to use any payment method provided.

6.4 Refund Policy

Subscription Fees: We offer a 30-day money-back guarantee for Athletes' first subscription payment. Subsequent payments are non-refundable except as required by law.

Service Payments: Refunds for services are subject to the Professional's cancellation policy. We facilitate refunds but are not responsible for disputes between Athletes and Professionals.

6.5 Cancellation

You may cancel your subscription at any time through your account settings. Cancellation takes effect at the end of the current billing period. No refunds are provided for partial billing periods.

7. Intellectual Property Rights

7.1 Platform Ownership

The Platform, including its software, design, text, graphics, logos, and other content (excluding User Content), is owned by the Company and protected by intellectual property laws. You may not copy, modify, distribute, sell, or lease any part of the Platform without our written permission.

7.2 User Content License

You retain ownership of Content you upload to the Platform. By uploading Content, you grant us a worldwide, non-exclusive, royalty-free license to use, store, display, reproduce, and distribute your Content solely for the purpose of operating and improving the Platform.

7.3 Content Responsibility

You are solely responsible for your Content and represent that you have all necessary rights to upload it. You agree not to upload Content that:

• Infringes third-party intellectual property rights
• Contains confidential information you're not authorized to share
• Violates any applicable laws or regulations
• Is defamatory, obscene, or offensive

8. Data Protection and Privacy

8.1 Privacy Policy

Our collection and use of personal information is governed by our Privacy Policy, which is incorporated into these Terms by reference.

8.2 Data Security

We implement industry-standard security measures to protect your data. However, no system is completely secure. You acknowledge that you provide information at your own risk.

8.3 Health Data

The Platform may process sensitive health and performance data. By using the Platform, you consent to this processing as described in our Privacy Policy. You have the right to access, correct, and delete your data as outlined in our Privacy Policy.

8.4 Data Sharing

Athletes control which Professionals have access to their data. By granting access, you authorize the Professional to view and use your data for providing services. Professionals must maintain confidentiality and comply with applicable data protection laws.

9. Disclaimers and Warranties

9.1 Platform "As Is

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

9.2 No Guarantee of Results

We do not guarantee that use of the Platform will result in improved athletic performance, health outcomes, or any specific results. Results depend on many factors outside our control.

9.3 Professional Services

We do not guarantee the quality, safety, or legality of services provided by Professionals. While we verify credentials, we cannot continuously monitor Professional conduct or service quality. You engage Professionals at your own risk.

9.4 Third-Party Content

The Platform may contain links to third-party websites or services. We are not responsible for the content, accuracy, or practices of third parties.

10. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE COMPANY, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM:

• Your access to or use of (or inability to access or use) the Platform
• Any conduct or content of any third party on the Platform
• Any content obtained from the Platform
• Unauthorized access, use, or alteration of your transmissions or content
• Services provided by Professionals through the Platform
• Any injuries, illness, or damages resulting from athletic activities

IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL CLAIMS EXCEED THE AMOUNT YOU PAID TO US IN THE 12 MONTHS PRECEDING THE CLAIM, OR AED 1,000 (ONE THOUSAND UAE DIRHAMS), WHICHEVER IS GREATER.

Some jurisdictions do not allow the exclusion of certain warranties or limitation of liability. In such jurisdictions, our liability will be limited to the maximum extent permitted by law.

11. Indemnification

You agree to indemnify, defend, and hold harmless the Company, its affiliates, officers, directors, employees, agents, and licensors from and against any claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising from:

• Your use of the Platform
• Your violation of these Terms
• Your violation of any rights of another party
• Your Content
• Your conduct in connection with the Platform
• Services provided by you (if you are a Professional)

12. Termination

12.1 Termination by You

You may terminate your account at any time by following the account deletion process in your settings. Termination does not relieve you of any obligations incurred prior to termination.

12.2 Termination by Us

We may suspend or terminate your account immediately, without notice, for:

• Violation of these Terms
• Fraudulent, abusive, or illegal activity
• Extended periods of inactivity
• At our sole discretion for any reason

12.3 Effect of Termination

Upon termination:

• Your right to access the Platform immediately ceases
• We may delete your account and Content
• Outstanding payment obligations remain due
• Provisions that by their nature should survive termination will survive

13. Governing Law and Jurisdiction

13.1 Governing Law

These Terms shall be governed by and construed in accordance with the laws of the United Arab Emirates and the Dubai International Financial Centre (DIFC), without regard to conflict of law principles.

13.2 International Users

If you access the Platform from outside the UAE, you are responsible for compliance with local laws. By using the Platform, you consent to the transfer of your information to the UAE and other countries where we operate.

14. Dispute Resolution and Arbitration

14.1 Informal Resolution

Before filing a claim, you agree to contact us at legal@athleteos.com to attempt to resolve the dispute informally. We will attempt to resolve disputes in good faith for 30 days.

14.2 Binding Arbitration

If informal resolution fails, disputes shall be resolved by binding arbitration in accordance with the DIFC-LCIA Arbitration Rules. The arbitration shall be conducted in English in Dubai, UAE. The arbitrator's decision shall be final and binding.

14.3 Class Action Waiver

YOU AGREE THAT DISPUTES WILL BE RESOLVED ON AN INDIVIDUAL BASIS. YOU WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS ACTION, CLASS ARBITRATION, OR OTHER REPRESENTATIVE PROCEEDING.

14.4 Exceptions

Either party may seek injunctive relief in court for intellectual property infringement or unauthorized access to the Platform.

15. General Provisions

15.1 Entire Agreement

These Terms, together with our Privacy Policy and any other policies referenced herein, constitute the entire agreement between you and the Company regarding the Platform.

15.2 Amendments

We may modify these Terms at any time by posting the revised Terms on the Platform. Material changes will be notified via email or Platform notification. Continued use after changes constitutes acceptance of the modified Terms.

15.3 Severability

If any provision of these Terms is found to be unenforceable, the remaining provisions will remain in full force and effect.

15.4 Waiver

Our failure to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision.

15.5 Assignment

You may not assign or transfer these Terms without our written consent. We may assign these Terms without restriction.

15.6 Force Majeure

We shall not be liable for any failure or delay in performance due to circumstances beyond our reasonable control, including acts of God, war, terrorism, pandemics, or government actions.

16. Contact Information

For questions about these Terms, please contact us at: