Terms of Service

Last Updated: April 23, 2026

Effective Date: April 23, 2026

Acceptance of Terms
Description of Service and Availability
Eligibility, Account Registration, and Coach Credentialing
Accounts for Minors and Parent Administration
User Conduct and Prohibited Activities
User Content and Intellectual Property
Copyright and DMCA
Fees, Payments, and Payouts
Recurring Billing for Specialist Services
Account Deactivation and Deletion
Moderation, Suspension, and Termination
Privacy
Disclaimers, Assumption of Risk, and No Medical Advice
Limitation of Liability
Indemnification
Dispute Resolution and Arbitration
General Legal Terms
Contact Information

1. Acceptance of Terms

These Terms of Service (“Terms”) are a binding agreement between you and PointShot, Inc., a Delaware corporation with its principal place of business at 311 Main Street, 3rd Floor, Worcester, MA 01608 (“PointShot,” “we,” “us,” or “our”). The Terms govern your access to and use of the PointShot website at https://www.pointshot.com and any related applications, tools, and services we make available (collectively, the “Service”).

By creating an account, clicking a button indicating acceptance, or otherwise accessing or using the Service, you agree to these Terms. If you are using the Service on behalf of another person, including a minor for whom you are a parent or legal guardian, you represent that you have the authority to bind that person to these Terms and that you accept the Terms on their behalf.

If you do not agree to these Terms, do not access or use the Service.

PLEASE READ SECTIONS 13, 14, AND 16 CAREFULLY. They describe important limitations on our liability, your assumption of certain risks associated with athletic training and related activities, and a binding arbitration agreement and class-action waiver that affect how disputes between you and PointShot are resolved.

2. Description of Service and Availability

2.1 What PointShot Does

PointShot is an online marketplace platform that connects athletes with sport coaches and specialists (“Specialists”) and provides tools to support training, evaluation, and development. Through the Service, you may:

Create and manage profiles as an athlete, parent or legal guardian of an athlete, or Specialist.
Discover Specialists, request services, and communicate with them.
Upload videos and files (including images, PDFs, and word-processing documents such as development plans, nutrition plans, strength and conditioning plans, and related materials) for private use, breakdown, and sharing with Specialists.
Use our in-product video editor and related tools to review, annotate, and analyze video content.
Book and pay for services and products offered by Specialists through our checkout.

2.2 Role of PointShot

PointShot is a marketplace and software platform. Specialists are independent third parties, not employees, agents, or representatives of PointShot. PointShot is not a party to the agreement for services between an athlete (or a parent or guardian on the athlete’s behalf) and a Specialist, is not responsible for the performance of Specialists, and does not warrant the quality, safety, legality, accuracy, or fitness for purpose of any services, products, content, or advice that Specialists provide. Section 13 describes this in more detail.

2.3 Service Availability

The Service is offered from and intended for use by individuals located in the United States. It is not currently directed to or offered to individuals in the European Economic Area, the United Kingdom, Switzerland, Canada, or other jurisdictions outside the United States. If you access the Service from outside the United States, you do so on your own initiative and are responsible for compliance with any local laws that apply to your use.

2.4 Changes to the Service

We may modify, suspend, or discontinue all or any part of the Service at any time, with or without notice. We are not liable to you or any third party for any modification, suspension, or discontinuation of the Service, except as required by applicable law.

3. Eligibility, Account Registration, and Coach Credentialing

3.1 Age and Eligibility

You must be at least 13 years old to create an account.
If you are under 18, you must have the consent of a parent or legal guardian, and the parent or guardian must accept these Terms on your behalf and maintain administrative access to your account as described in Section 4.
You must have the legal capacity to enter into these Terms in your jurisdiction.
You must not be barred from using the Service under the laws of the United States or any other applicable jurisdiction.

3.2 Account Registration

You must provide accurate, current, and complete information during registration, and keep that information up to date.
You are responsible for maintaining the confidentiality of your account credentials and for all activity that occurs under your account.
You must promptly notify us at support@pointshot.com if you believe your account has been compromised.
You may not create multiple accounts for the same person, share account access with others (except parental administration for minors as described in Section 4), or transfer your account to another person without our consent.

3.3 Specialist Verification and Credentialing

Before offering or providing services through the Service, Specialists must complete our verification process. Verification may include identity confirmation, credential and certification verification, U.S. Center for SafeSport status verification, and other checks we determine are appropriate.

For hockey Specialists, PointShot may rely on certifications issued and maintained by governing bodies such as USA Hockey and Hockey Canada, including any publicly available certification-lookup tools those bodies provide, to verify coaching eligibility and SafeSport compliance. By registering as a Specialist, you authorize PointShot to look up and record the results of those verifications, and you represent that any certifications or credentials you claim in your profile are current, accurate, and held in good standing.

Specialists must:

Maintain current certifications and SafeSport compliance for the duration of their use of the Service.
Promptly update PointShot and their profile if a certification is revoked, suspended, or expires.
Immediately notify PointShot at support@pointshot.com upon any event that may disqualify the Specialist from working or communicating with minors, including any disciplinary action, suspension, or revocation by a governing body, the U.S. Center for SafeSport, or a state licensing authority.
Refrain from offering services through the Service if they become ineligible to do so under the rules of any applicable governing body, the U.S. Center for SafeSport, or applicable law.
Complete Stripe Connect onboarding (including identity verification and the provision of tax information) in order to receive payouts.

Independent professional licensure. Specialists who provide services that, under applicable law, require professional licensure or certification (including, where applicable, registered dietitians or nutritionists; certified strength and conditioning specialists; athletic trainers; physical therapists; mental performance consultants; or licensed mental health professionals) operate under their own licensure and certifications and are solely responsible for maintaining them in good standing in every jurisdiction where they offer services. PointShot does not grant, evaluate the substantive validity of, supervise, or guarantee any Specialist’s professional licensure or scope of practice. By offering services, the Specialist represents and warrants that they hold all licenses and certifications required by applicable law for the services they offer and that they will not offer services they are not legally authorized to provide.

PointShot may delay, restrict, suspend, or terminate a Specialist account that fails to complete, maintain, or pass verification, or whose certifications or licensure become invalid or whose standing with a governing body, the U.S. Center for SafeSport, or a licensing authority changes adversely.

4. Accounts for Minors and Parent Administration

A parent or legal guardian (“Parent”) of an athlete under 18 must provide consent for the athlete’s use of the Service and maintain administrative access to the athlete’s account. With administrative access, the Parent may:

Manage the athlete’s account settings, profile information, and privacy controls.
Communicate with Specialists on the athlete’s behalf.
Review, download, and delete the athlete’s information and User Content.
Exercise the athlete’s privacy rights while the athlete is a minor.

The Parent is jointly responsible with the athlete for all activity on the account and for the athlete’s compliance with these Terms.

4.2 Purchases on Behalf of a Minor

A Parent may make purchases from Specialists through our checkout on behalf of a minor athlete. When a Parent does so:

The Parent is the counterparty to the Specialist for the purchased service and is responsible for payment, including taxes, fees, chargebacks, and refunds.
The Parent’s billing and payment information is collected and processed by Stripe and may be associated with the athlete’s account for recordkeeping and recurring-billing purposes.
The Parent is responsible for ensuring the purchase is appropriate for the athlete and for supervising the athlete’s participation.

4.3 Uploads on Behalf of a Minor

A Parent may upload videos, images, documents, and other User Content on behalf of a minor athlete. When a Parent uploads content, the Parent represents and warrants that:

The Parent has all rights, licenses, consents, and permissions necessary to upload, share, and have PointShot process the content, including from any third parties who appear in or are identified by the content.
The upload and any resulting sharing complies with applicable laws, including laws regulating the collection and display of images of minors.
The Parent has the legal authority to grant the license set forth in Section 6.2 with respect to the uploaded content.

4.4 Profile Visibility for Athletes Under 13

Athletes under 13 do not have publicly visible profiles. Their profiles are not publicly browsable or searchable on the Service. Athletes under 13 may still upload videos and files for their own private use and for in-product breakdown or analysis (for example, in our video editor), and a Parent may make purchases from Specialists on the athlete’s behalf, subject to the requirements of this Section 4.

4.5 Transfer of Control at Age 18

When an athlete reaches age 18, administrative control of the account transfers to the athlete. The athlete becomes solely responsible for the account and the data associated with it and is the only person who may exercise privacy rights with respect to their own data.

4.6 Persistent Parent Connection After 18

After an athlete turns 18, a Parent may remain connected to the account only if the now-adult athlete elects to preserve the connection through in-product controls. The adult athlete may revoke the Parent’s continued access at any time, and from that point forward the Parent will no longer have administrative access, purchase authority on the athlete’s behalf, or the ability to upload content to the athlete’s account. PointShot is not responsible for any dispute between an adult athlete and a Parent concerning the continuation, revocation, or scope of a persistent connection.

5. User Conduct and Prohibited Activities

5.1 Acceptable Use

You agree to use the Service in accordance with these Terms and all applicable laws. You will:

Provide accurate and truthful information.
Respect other users and maintain professional, safe, and appropriate conduct, especially when interacting with minors.
Comply with all applicable laws, including those governing coaching, youth sports, SafeSport, mandatory reporting, and the protection of minors.
Honor your commitments and agreements made through the Service.

5.2 Prohibited Activities

You may not, and may not attempt to:

Violate any applicable law, regulation, or third-party right.
Harass, threaten, abuse, bully, stalk, or harm another user, especially a minor.
Engage in any conduct that would violate the U.S. Center for SafeSport’s policies or Code; the Protecting Young Victims from Sexual Abuse and Safe Sport Authorization Act of 2017; local, state, or federal laws; or other youth-protection rules.
Post or share false, misleading, defamatory, fraudulent, hateful, discriminatory, sexually explicit, violent, or otherwise harmful content, or content that sexualizes or exploits minors.
Circumvent or attempt to circumvent the Service’s fee structure, payment systems, payout systems, moderation, or access controls (including by arranging to complete PointShot-sourced bookings off-platform).
Use the Service for any illegal, unauthorized, or competitive-intelligence purpose.
Interfere with or disrupt the Service, its servers, or networks (including by scraping, denial-of-service, reverse engineering, or bypassing rate limits).
Create or operate a fake account, impersonate another person, or misrepresent your age, credentials, certifications, or affiliation.
Spam, solicit, or engage in unauthorized marketing.
Upload malicious code, viruses, or harmful content.
Attempt to gain unauthorized access to our systems, other users’ accounts, or User Content you are not authorized to access.
Remove, alter, or obscure any proprietary notices on the Service.

5.3 Reporting and Mandatory Reporters

If you become aware of conduct that violates these Terms or poses a risk to a minor or other user, please report it to support@pointshot.com promptly.

Mandatory reporting. Adults who are authorized to interact with minor athletes who participate in amateur sports may be “covered individuals” under the Protecting Young Victims from Sexual Abuse and Safe Sport Authorization Act of 2017, and many states have separate mandatory-reporter statutes that apply to coaches, trainers, and other adults working with minors. If you are a covered individual or otherwise a mandatory reporter under applicable federal or state law, you agree to comply with all applicable reporting obligations, including reporting suspected child abuse, sexual misconduct, or related conduct to the U.S. Center for SafeSport (where within its jurisdiction) and to local law enforcement or child protective services as required by state law. These reports are required immediately, in addition to (and not in lieu of) any obligation to notify PointShot. For more information, consult the U.S. Center for SafeSport’s SafeSport Code.

PointShot is not the recipient of mandatory reports under federal or state law and cannot make those reports on your behalf. Reporting conduct to PointShot does not satisfy any independent legal duty you may have to report to the U.S. Center for SafeSport or to public authorities.

6. User Content and Intellectual Property

6.1 Ownership of User Content

You retain ownership of all content you create, upload, post, send, or share on the Service, including profile information, photos, videos, documents, training plans, coaching materials, and communications (“User Content”).

6.2 License Grant to PointShot — Operational Use

By making User Content available through the Service, you grant PointShot a non-exclusive, worldwide, royalty-free, sublicensable license to host, store, reproduce, process, modify, adapt, create derivative works of, display, transmit, and distribute that User Content solely as necessary to:

Operate, provide, secure, improve, and support the Service.
Make the User Content available to the recipients and audiences you select through the Service’s sharing controls.
Enable platform features such as playback, preview, in-product editing (including our video editor), thumbnail generation, search, and notifications.
Comply with applicable law and respond to legal process.

This license terminates when you delete the applicable User Content or your account, except to the extent (a) the content has been shared with others who retain copies, (b) retention is required for legal, tax, anti-fraud, dispute-resolution, or compliance purposes, or (c) the content has been used in aggregated or de-identified form.

6.3 License for Marketing — Opt-In

PointShot will not use your User Content for marketing, promotional, advertising, or public-facing purposes outside of the Service unless you expressly opt in through a dedicated marketing-use setting or separate written consent. We will never seek or rely on marketing-use consent from athletes under 13, and for athletes ages 13 through 17 any marketing-use consent must be provided by the athlete’s Parent.

6.4 No Use for Generative AI Training

We do not use your User Content to train third-party generative AI models. If we introduce features that use User Content to train our own machine-learning models, we will provide notice and, where required, obtain your consent.

6.5 Content Standards

All User Content must:

Be accurate and truthful.
Comply with applicable laws and regulations.
Respect the intellectual property, privacy, and publicity rights of others.
Meet our community standards and guidelines, including heightened standards for content involving minors.
Not contain sexually explicit material, gratuitous violence, hate speech, harassment, or any content that sexualizes or exploits minors.
Not contain credentials, payment card numbers, government identifiers, or other sensitive information that should not be shared on the Service.

You are responsible for ensuring you have the rights, licenses, consents, and permissions necessary to upload, share, and have PointShot process any User Content you submit, including from any third parties who appear in the content. For uploads made by a Parent on behalf of a minor, the representations in Section 4.3 apply.

6.6 PointShot Materials

Except for User Content, the Service and all content, software, code, designs, trademarks, service marks, logos, and other materials made available through it (“PointShot Materials”) are owned by PointShot or its licensors and are protected by intellectual property and other laws. We grant you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the PointShot Materials solely as needed to use the Service in accordance with these Terms. No other rights are granted.

6.7 Feedback

If you provide us with suggestions, ideas, or other feedback about the Service, you grant PointShot a perpetual, irrevocable, worldwide, royalty-free, sublicensable license to use and exploit that feedback without restriction or obligation.

7. Copyright and DMCA

PointShot respects intellectual property rights and will respond to notices of alleged copyright infringement that comply with the Digital Millennium Copyright Act (17 U.S.C. § 512).

7.1 Notices of Alleged Infringement

If you believe that content on the Service infringes a copyright you own or control, please send a written notice to our designated agent that includes:

A physical or electronic signature of the copyright owner or a person authorized to act on the owner’s behalf.
Identification of the copyrighted work claimed to have been infringed.
Identification of the material claimed to be infringing and information reasonably sufficient to allow us to locate the material (for example, a URL).
Your contact information, including address, telephone number, and email address.
A statement that you have a good-faith belief that the use is not authorized by the copyright owner, its agent, or the law.
A statement that the information in the notice is accurate, and under penalty of perjury, that you are authorized to act on the copyright owner’s behalf.

Notices may be sent to: DMCA Agent, PointShot, Inc., 311 Main Street, 3rd Floor, Worcester, MA 01608, United States of America, or by email to support@pointshot.com with “DMCA” in the subject line.

7.2 Counter-Notices

If your content was removed or disabled in response to a DMCA notice and you believe the removal was a mistake or misidentification, you may submit a counter-notice containing the elements required by 17 U.S.C. § 512(g).

7.3 Repeat Infringers

We will terminate accounts of users we determine, in appropriate circumstances, to be repeat infringers.

8. Fees, Payments, and Payouts

8.1 Platform Fees

PointShot charges fees for certain marketplace transactions as described in our then-current fee schedule made available on the Service or in our Merchant Service Agreement with Specialists. We may change our fees from time to time, with prior notice for Specialists as described in the Merchant Service Agreement.

8.2 Checkout and Payment Processing (Stripe)

Payments at checkout are processed by Stripe, our payment processor. By using our checkout, you agree to Stripe’s terms, including the Stripe Services Agreement and applicable consumer or end-user agreements, and to Stripe’s privacy policy (https://stripe.com/privacy). Stripe handles all merchant-side payment compliance for PointShot, including PCI-DSS-compliant collection, processing, and storage of payment card data, merchant fraud prevention and validation, and related dispute and chargeback handling. PointShot does not collect or store full payment card numbers on its own systems.

8.3 Payouts to Specialists (Stripe Connect)

Payouts from PointShot to Specialists are facilitated through Stripe Connect. To receive payouts, Specialists must complete Stripe Connect onboarding, including identity verification and provision of tax information. Stripe Connect handles tax reporting for eligible payout recipients, including the issuance of IRS Form 1099 where applicable. Specialists are responsible for the accuracy and completeness of the information they provide to Stripe and for any tax obligations associated with their payouts.

8.4 Specialists as Sellers of Their Services

Specialists set the price of, and are the sellers of, the services and products they offer through the Service. Except as expressly provided in the Merchant Service Agreement, PointShot does not take title to, inspect, or guarantee any Specialist offering. PointShot is not a party to the service contract between an athlete (or Parent) and a Specialist.

8.5 Refunds, Cancellations, and Chargebacks

Refund and cancellation eligibility for Specialist services is governed by PointShot’s Refund Policy (made available on the Service), the Merchant Service Agreement between PointShot and Specialists, and applicable law. Specialists are not authorized to set or apply refund or cancellation terms that conflict with PointShot’s Refund Policy. To request a refund or cancellation, contact the Specialist first; if the matter is not resolved, contact PointShot at support@pointshot.com. PointShot may, in its discretion or as required by law or our Refund Policy, issue refunds through Stripe.

Chargebacks initiated with a card issuer are handled through Stripe’s dispute processes. PointShot and Specialists may be charged chargeback fees, and we may pass through those fees to the Specialist consistent with the Merchant Service Agreement.

8.6 Taxes

You are responsible for determining and paying any taxes applicable to your use of the Service, including U.S. federal, state, and local sales, use, income, and self-employment taxes as applicable. Specialists are responsible for tax compliance in their operating jurisdictions. PointShot and Stripe may provide tax reporting documents as required by law, including IRS Form 1099 issued through Stripe Connect to eligible Specialists.

8.7 Automatic Billing Authorization

By providing a payment method, you authorize PointShot and Stripe to charge that payment method for the applicable purchase, applicable fees, and any recurring charges you have authorized (see Section 9), until you remove the payment method or cancel.

9. Recurring Billing for Specialist Services

9.1 Recurring Services Offered by Specialists

Specialists may offer services on a recurring or subscription basis (“Recurring Services”) — for example, ongoing training packages, monthly coaching plans, or repeating sessions. The features, fees, and billing cadence of each Recurring Service will be described at the point of purchase. PointShot does not currently offer its own subscription product.

9.2 Automatic Renewal

Unless otherwise stated at the point of purchase, Recurring Services automatically renew at the end of each billing period at the then-current rate until you cancel. By purchasing a Recurring Service, you authorize PointShot (through Stripe) to charge your payment method for each renewal on the applicable renewal date, without further notice except as required by applicable law.

9.3 Cancellation

You may cancel a Recurring Service at any time through in-product controls or by contacting support@pointshot.com. Cancellation takes effect at the end of the then-current billing period, and you will retain access to the Recurring Service through the end of that period. Except as required by applicable consumer law or PointShot’s Refund Policy, fees paid for the current billing period are non-refundable.

9.4 State-Specific Auto-Renewal Rights

Consumers in certain states (including California, New York, Oregon, and Illinois) have additional rights under automatic-renewal and free-trial laws, including the right to receive advance notice of renewals and to cancel online. Where those laws apply, we will comply with them. If a conflict arises between this Section 9 and applicable state law, the state law controls to the extent required.

9.5 Price Changes

Pricing for a Recurring Service may change with prior notice as required by applicable law. Price changes take effect at the start of the next billing period after the notice period required by applicable law.

10. Account Deactivation and Deletion

10.1 Deactivation

You may temporarily deactivate your account at any time through in-product controls. Deactivation suspends your profile and inactive-state data until you reactivate by logging back in.

10.2 User-Initiated Deletion

You may request permanent deletion of your account through in-product controls or by emailing support@pointshot.com. When you request deletion, your account enters a seven (7) day pending-deletion period during which the action may be reversed. To cancel the pending deletion, log back in during this period and follow the prompts to cancel. After the seven-day period expires, most user-input data is permanently removed within a reasonable period thereafter, subject to the retention exceptions described in our Privacy Policy and below.

10.3 Effect of Deletion

Upon deletion:

Your access to the Service ends.
Your profile and listings are removed from public view.
Some identifying information may be retained where tied to historical records (for example, team rosters, evaluations, completed transactions) or where required for legal, tax, anti-fraud, or dispute-resolution purposes.
Transaction history and payment information may remain accessible to Specialists with whom you have worked for business recordkeeping.
Outstanding financial obligations remain due and payable.

10.4 Deletion Does Not Affect Completed Transactions

Deleting your account does not by itself cancel or refund completed transactions, active Recurring Services, or outstanding obligations to Specialists or PointShot. You should cancel any active Recurring Services and resolve any open bookings before requesting deletion.

11. Moderation, Suspension, and Termination

11.1 Our Right to Moderate

We may review, modify, restrict, remove, or decline to make available User Content that we determine, in our reasonable discretion, violates these Terms or poses a risk to PointShot, its users, or others. We may use a combination of manual review and automated tools. We are not obligated to monitor User Content but may do so.

11.2 No Expectation of Privacy in User Communications

You acknowledge and agree that user-to-user communications on the Service (including direct messages, comments, posts, and other peer-to-peer communications) are not end-to-end encrypted and are not private to the participants. PointShot has the right, but not the obligation, to access, store, review, copy, retain, and disclose the contents of those communications when we believe in good faith that doing so is necessary to:

Enforce these Terms or our community guidelines.
Investigate suspected violations or unsafe conduct.
Protect minors and respond to suspected child abuse, exploitation, harassment, or endangerment.
Comply with applicable law, legal process, or lawful requests from public authorities.
Operate, secure, support, and improve the Service.

You should not have any expectation of privacy in communications conducted through the Service. If you require confidential or privileged communication (for example, communications with an attorney or healthcare provider), do not use the Service for that purpose.

11.3 Temporary Suspension

We may temporarily suspend your account for a predetermined period in response to abusive, unsafe, or policy-violating conduct, suspected fraud or unauthorized use, or in connection with an investigation. During a suspension, you will be unable to access or use your account. Suspensions end automatically on the specified end date or when we determine the suspension may be lifted.

11.4 Termination by PointShot

We may permanently terminate your account for serious or repeated violations of these Terms; for conduct that endangers a minor or other user; for fraud, illegal activity, or sanctioned-party status; for failure to maintain required certifications, licensure, or SafeSport compliance as a Specialist; for repeated complaints that we determine are substantiated; or for any other reason permitted by applicable law.

Upon termination, you will see a prompt that your account will be deleted permanently within thirty (30) days, subject to any legal holds, retention obligations, or investigation needs. The data-retention consequences of termination are also described in our Privacy Policy.

11.5 Appeals

You may appeal a suspension or termination through in-platform appeal controls or by emailing support@pointshot.com. Please include any context or evidence you would like us to consider. We will review appeals in good faith and respond within a reasonable period. Our appeal decision is final unless required otherwise by applicable law.

11.6 Survival

The provisions of these Terms that by their nature should survive termination (including Sections 6.1, 6.2 (with respect to pre-termination uses), 6.5, 6.6, 6.7, 8.5, 8.6, 10, 11, 13, 14, 15, 16, and 17) will survive.

12. Privacy

Your privacy is important to us. Our collection, use, and protection of your personal information is governed by our Privacy Policy, which is incorporated into these Terms by reference. By using the Service, you acknowledge that you have reviewed the Privacy Policy.

13. Disclaimers, Assumption of Risk, and No Medical Advice

13.1 “As Is” and “As Available”

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE AND ALL POINTSHOT MATERIALS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE.

13.2 No Warranty as to Specialists or User Content

POINTSHOT DOES NOT WARRANT OR GUARANTEE:

THE QUALITY, SAFETY, LEGALITY, ACCURACY, OR FITNESS FOR PURPOSE OF ANY SERVICE, PRODUCT, ADVICE, PLAN, INSTRUCTION, OR CONTENT PROVIDED BY A SPECIALIST OR ANY OTHER USER;
THE TRUTHFULNESS OR ACCURACY OF ANY PROFILE OR CERTIFICATION CLAIM;
THE PROFESSIONAL LICENSURE, CERTIFICATION, OR SCOPE OF PRACTICE OF ANY SPECIALIST;
THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS; OR
THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SERVICE.

13.3 No Medical, Health, Nutrition, or Training Advice

POINTSHOT IS A TECHNOLOGY PLATFORM AND IS NOT A MEDICAL, HEALTHCARE, ATHLETIC TRAINING, PHYSICAL THERAPY, NUTRITIONAL, OR MENTAL HEALTH PROVIDER. NOTHING ON THE SERVICE, INCLUDING ANY DEVELOPMENT PLAN, NUTRITION PLAN, STRENGTH AND CONDITIONING PLAN, ANALYSIS, MESSAGE, OR OTHER USER CONTENT, CONSTITUTES MEDICAL, HEALTH, NUTRITION, PSYCHOLOGICAL, OR PROFESSIONAL ADVICE FROM POINTSHOT. CONTENT PROVIDED BY SPECIALISTS IS THE RESPONSIBILITY OF THE SPECIALIST, NOT POINTSHOT.

Specialists who offer services that under applicable law require professional licensure or certification (such as nutrition counseling, physical therapy, athletic training, strength and conditioning, mental performance consulting, or licensed mental health services) operate under their own professional licensure and are solely responsible for the lawfulness, scope, and quality of their services. PointShot does not warrant, evaluate, or supervise any Specialist’s professional licensure, scope of practice, or compliance with the rules of any licensing authority.

BEFORE BEGINNING ANY ATHLETIC TRAINING, CONDITIONING, NUTRITION, WEIGHT LOSS, OR OTHER HEALTH-RELATED PROGRAM, YOU (AND, FOR A MINOR, THE PARENT) SHOULD CONSULT A QUALIFIED PHYSICIAN OR OTHER LICENSED HEALTHCARE PROFESSIONAL. DO NOT DISREGARD PROFESSIONAL MEDICAL ADVICE OR DELAY SEEKING IT BECAUSE OF CONTENT ACCESSED THROUGH THE SERVICE.

13.4 Assumption of Risk

Athletic training, competition, and related activities involve inherent risks of injury, illness, property damage, and other harm. You acknowledge and agree that:

You (and, for a minor, the Parent) voluntarily assume all risks associated with athletic activities undertaken in connection with services purchased through the Service, including risks of bodily injury, permanent disability, and death.
You (and, for a minor, the Parent) are responsible for evaluating the suitability of a Specialist and their services, and for the athlete’s own safety during any in-person or remote activities with a Specialist.
PointShot does not supervise and is not responsible for any in-person activities, sessions, or interactions between athletes and Specialists.
Specialists are independent of PointShot, and any services they provide are subject to their own agreements with you.

13.5 Release

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU RELEASE POINTSHOT AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS FROM ANY AND ALL CLAIMS, DEMANDS, AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, ARISING OUT OF OR RELATED TO INTERACTIONS WITH OTHER USERS, SERVICES PROVIDED BY SPECIALISTS, OR USER CONTENT.

If you are a California resident, you waive California Civil Code § 1542, which provides that “A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.”

14. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW:

No Indirect Damages. IN NO EVENT WILL POINTSHOT OR ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, LOST REVENUES, LOST DATA, LOSS OF GOODWILL, OR COST OF SUBSTITUTE SERVICES, ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICE, EVEN IF POINTSHOT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Aggregate Cap. POINTSHOT’S TOTAL AGGREGATE LIABILITY TO YOU ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICE WILL NOT EXCEED THE GREATER OF (A) THE AMOUNTS YOU PAID OR WERE PAYABLE BY YOU TO POINTSHOT IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED U.S. DOLLARS (US$100).
Basis of the Bargain. THE LIMITATIONS IN THIS SECTION FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN YOU AND POINTSHOT AND WILL APPLY EVEN IF A LIMITED REMEDY IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.

Some jurisdictions do not allow the exclusion or limitation of certain damages, so some of the above limitations may not apply to you. In those jurisdictions, our liability is limited to the greatest extent permitted by law.

15. Indemnification

You agree to indemnify, defend, and hold harmless PointShot and its officers, directors, employees, agents, and licensors from and against any claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys’ fees) arising out of or relating to:

Your access to or use of the Service.
Your violation of these Terms, including any representations or warranties you have made.
Your User Content, including any claim that your User Content infringes or violates the rights of a third party.
Your violation of applicable law.
Services provided by you (as a Specialist) or purchased by you (as an athlete or Parent) through the Service, including injuries or harms arising from those services.
Your violation of SafeSport rules, mandatory-reporter laws, professional licensure requirements, youth-protection rules, or governing-body rules applicable to you.

PointShot may, at its option, control the defense of any matter for which indemnification is sought with counsel of its choice, and you agree to cooperate in that defense. You may not settle any matter without PointShot’s prior written consent.

16. Dispute Resolution and Arbitration

PLEASE READ THIS SECTION CAREFULLY. IT REQUIRES YOU TO ARBITRATE DISPUTES WITH POINTSHOT AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF, INCLUDING BY WAIVING THE RIGHT TO A JURY TRIAL AND TO PARTICIPATE IN A CLASS ACTION.

16.1 Informal Resolution

Before initiating any formal dispute, you and PointShot agree to first try to resolve the dispute informally. You agree to send PointShot a written notice of dispute (“Notice”) to support@pointshot.com that describes the nature and basis of the claim and the relief sought. PointShot will attempt to resolve the dispute by contacting you at the email address associated with your account. If the dispute is not resolved within sixty (60) days after receipt of the Notice, either party may begin arbitration.

16.2 Binding Arbitration

Any dispute, claim, or controversy arising out of or relating to these Terms or the Service that is not resolved under Section 16.1 will be resolved by binding arbitration administered by a neutral, nationally recognized arbitration provider (such as the American Arbitration Association) under its applicable consumer arbitration rules. The arbitration will be conducted by a single arbitrator, in English, and (unless the parties agree otherwise) in Wilmington, Delaware, or, at your election if you are a consumer, in the U.S. county in which you reside.

The arbitrator will have exclusive authority to decide all issues relating to the interpretation, applicability, enforceability, and formation of this arbitration agreement, except that a court may decide issues relating to the scope or enforceability of the Class Action Waiver in Section 16.4.

16.3 Jury Trial Waiver

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU AND POINTSHOT EACH WAIVE THE RIGHT TO A TRIAL BY JURY IN CONNECTION WITH ANY DISPUTE ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICE.

16.4 Class Action Waiver

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU AND POINTSHOT AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, REPRESENTATIVE, OR COLLECTIVE PROCEEDING. The arbitrator may not consolidate more than one person’s claims or preside over any form of representative or class proceeding. If a court decides that this Class Action Waiver is unenforceable with respect to any claim, that claim (but only that claim) will proceed in court rather than in arbitration.

16.5 Exceptions

Notwithstanding Section 16.2, either party may: (a) bring an individual claim in small-claims court if the claim is within that court’s jurisdiction and proceeds on an individual basis; and (b) seek injunctive or equitable relief in a court of competent jurisdiction to stop unauthorized use or abuse of the Service or to protect intellectual property rights.

16.6 Opt-Out

You may opt out of this arbitration agreement by sending written notice to support@pointshot.com within thirty (30) days after you first accept these Terms. Your notice must include your full name, the email address associated with your account, and a clear statement that you wish to opt out of arbitration. Opting out will not affect any other provision of these Terms.

16.7 30-Day Right to Reject Changes

If PointShot materially amends this Section 16 after you accept these Terms, you may reject the amendment by sending written notice to support@pointshot.com within thirty (30) days of the amendment’s effective date, in which case the prior version of Section 16 will govern disputes between you and PointShot.

17. General Legal Terms

17.1 Governing Law

These Terms and any dispute arising out of or relating to them or the Service are governed by the laws of the State of Delaware, without regard to its conflict of laws principles, and, where applicable, the Federal Arbitration Act. The United Nations Convention on Contracts for the International Sale of Goods does not apply.

17.2 Changes to the Terms

We may modify these Terms from time to time. If we make a material change, we will provide advance notice by posting the updated Terms on the Service with a new “Last Updated” date and, for significant changes, by emailing the address associated with your account or providing a prominent in-product notice. Your continued use of the Service after the updated Terms become effective constitutes acceptance. If you do not agree to the changes, you must stop using the Service and may terminate your account.

17.3 Electronic Communications

By using the Service, you consent to receive communications from us electronically, including via email, in-product notifications, and text messages (where you have provided a mobile number and consented to SMS). Electronic communications satisfy any legal requirement that a communication be in writing.

17.4 Notices to PointShot

Notices to PointShot must be sent to: PointShot, Inc., Attn: Legal, 311 Main Street, 3rd Floor, Worcester, MA 01608, with a copy by email to support@pointshot.com.

17.5 Severability

If any provision of these Terms is held to be invalid or unenforceable, that provision will be modified to the minimum extent necessary to make it enforceable or, if that is not possible, severed from these Terms. The remaining provisions will remain in full force and effect.

17.6 No Waiver

A failure or delay by PointShot in enforcing any provision of these Terms is not a waiver of its right to do so later.

17.7 Assignment

You may not assign or transfer these Terms or any rights or obligations under them without our prior written consent, and any attempted assignment without consent is void. PointShot may assign or transfer these Terms, in whole or in part, without restriction, including in connection with a merger, acquisition, reorganization, or sale of assets.

17.8 No Agency, Employment, or Partnership

Nothing in these Terms creates any agency, employment, partnership, joint venture, or fiduciary relationship between you and PointShot. Specialists are independent third parties and are not employees, agents, or representatives of PointShot.

17.9 Force Majeure

PointShot is not liable for any failure or delay in performance caused by events beyond our reasonable control, including acts of God, natural disasters, pandemics, war, civil unrest, acts of terrorism, labor disputes, utility or internet failures, cloud provider outages, or governmental actions.

17.10 Third-Party Beneficiaries

Except as expressly stated, these Terms do not create any third-party beneficiary rights.

17.11 Entire Agreement

These Terms, together with the Privacy Policy and any additional policies, guidelines, or agreements referenced in them (including PointShot’s Refund Policy and the Merchant Service Agreement with Specialists), constitute the entire agreement between you and PointShot regarding the Service and supersede any prior or contemporaneous agreements on the subject.

17.12 U.S. Government and Export

The Service is a “commercial item” as defined at 48 C.F.R. § 2.101. You may not use or export the Service in violation of U.S. export laws or sanctions.

18. Contact Information

If you have questions about these Terms, please contact us:

PointShot, Inc. (a Delaware corporation) 311 Main Street, 3rd Floor Worcester, MA 01608 United States of America

Email: support@pointshot.com Phone: (508) 258-9396