BUILDING SUCCESS - GROWING YOUNG ATHLETES - TRAVELING THE JOURNEY WITH YOU
Terms of Service
Thank you for using Head 2 Toe Performance [H2T] services! The information presented below serves as a legal agreement between you (client) and Head 2 Toe Performance LLC and authorizes you to use the Services. By logging in or authenticating yourself with your email and using H2T training App, you confirm that you have read and accepted all conditions presented in Terms of Service and Privacy Policy (www.h2tperformance.com/privacy) in full, without any subtractions and limitations on your part and commit to observe them or cease using the Service. Any new features or tools added to H2T services or training App shall be also subject to the Terms of Service. If you disagree with Terms of Service and/or the Privacy Policy or you do not have the right to make an agreement, you should immediately terminate any use of the Service. This agreement is effective from the moment when you use the Service.
1. Introduction
H2T trains athletes in-person and remotely. The H2T training App comprises of various apps for athletes, parents, coaches and teams to improve performance in your sport of choice. The H2T App provides services that allow Users to store and utilize personal data, exercises and training data, and any other content that User uploads or enters into the account
2. Definitions
The following terms and definitions shall be used in this Terms of Service and in relations between the parties arising from or in connection with it:Personal Data - any information relating to an identified or identifiable natural personUser – A person (including you) using H2T’s service (who may have different roles, which are described in point 3 of Terms of Service)Service – H2T training programs (which comprise of assessments, reports, drills, lifts, conditioning, throwing, stretching and all other aspects of sports training…etc. Terms of Service - this agreement with all its current and future amendments and supplements heretoPrivacy Policy - a set of personal data processing rules and obligations binding for both User and service provider
3. Users and roles
3.1. Athlete
3.1.1. Basic access – Athletes can see the training information added by H2T in there Training Schedule. Athletes can access their training schedules, profile and other relevant information from the H2T App by authenticating themselves with the email that was added to their profile.
3.2. Parent
3.2.1. Parents can have separate accounts. They can only access and edit information related to their children’s and their own accounts via the H2T web portal and H2T App.
4. User’s Obligations
4.1. You must take all appropriate measures to ensure the security of personal data being entered to the Service. You must not transfer your username and password, as well as access to your authenticated mobile apps and unique links with profile information to any third parties and are fully responsible for their safekeeping, independently choosing a way to store them. Any activities performed using username and password or from an authenticated mobile app are deemed completed by you, except for cases when you have informed H2T about an unauthorized access of third parties to your username and password, to your authenticated mobile app or their loss. You are solely liable for all actions and their consequences within and/or in relation to the use of the Service under your account.
4.2. Coaches and Teams must ensure that parents and athletes are aware of the use of H2T and inform them of H2T’s Terms of Service and Privacy Policy.
4.3. To use H2T Services, you must be at least 16 years of age or have a consent of a parent or a guardian. Coaches and Teams must get the consent of a parent or guardian prior to the registration of an athlete who is under the age of 16.
5. H2T’s Obligations
5.1. H2T makes the Service available to Users unless there are circumstances beyond H2T’s control.
5.2. H2T takes all reasonable technical and organizational measures to protect all data.
5.3. The information contained in the account is stored and processed by H2T according to the Privacy Policy and applicable regulatory acts.
5.4. H2T is considered as a processor on behalf of its Users and processing is governed by these Terms of Service.
5.4.1. Processing personal data takes place only if User decides to store their data in the Service.
5.4.2. H2T ensures that access to personal data is restricted with only those employees who need such access to perform their job functions and have committed themselves to confidentiality.
5.4.3. H2T takes all appropriate measures to ensure the security of processing.
5.4.4. H2T can use sub-processors, when necessary, to offer Service to the Users, including but not limited to support, server and messaging service providers, as well as for maintaining a sales pipeline.
6. Other conditions
6.1. H2T and its members, officers, directors and employees cannot be held responsible for any accidents, injuries, or direct or indirect damages which User may experience from their fitness activities or the use of the H2T Services, including but not limited to h2tperformance.com, H2T App, in-facility training, remote training and all other aspects associated in athletic activities, including but not limited to (i) downtime and errors in the Service, (ii) loss of data, (iii) inaccurate, unreliable or dangerous information or files provided by other Users, (iv) the Service not meeting User’s requirements.
6.2. It is forbidden to access (or attempt to access) any of the Services by any means other than through the interface that is provided by H2T. It is specifically forbidden to access (or attempt to access) any of the Services through any automated means (including use of scripts or web crawlers), except for the rules set out in any robots.txt file present on the Services.
6.3. H2T reserves the right to stop the Service for a short period of time for Service maintenance, notifying the User, if possible, 2 days in advance.
6.4. H2T reserves the right to modify or terminate the Service for any reason. In case of termination, H2T will notify the User 90 days in advance.
6.5. H2T reserves the right to refuse service to anyone for any reason at any time.
6.6. These Terms of Service, its conclusion and execution as well as all matters not regulated hereby are governed by the current legislation of North Carolina, United States.
6.7. All disputes arising out of or in connection with these Terms of Service are resolved via negotiations or are subject to jurisdiction of North Carolina courts in accordance with current procedural law of North Carolina.
6.8. If any part of this agreement is found void and unenforceable, it will not affect the validity of the balance of the agreement, which will remain valid and enforceable according to its terms.
7. Intellectual Property and Copyright
7.1. You are granted a limited, revocable, personal, non-transferable and non-exclusive license to access and use the Service and the Services’ software.
7.2. You may not (and you may not permit anyone else to) modify, rent, lease, loan, sell, distribute, create derivative work of, reverse engineer, decompile, or otherwise try to extract the source code of the H2T Service or any part thereof.
7.3. Nothing in these Terms of Service gives you the right to use any of H2T’s trade names, trademarks, service marks, logos, domain names, trade dress and other distinctive brand features.
7.4. You agree that you shall not remove, obscure, or alter any proprietary rights notices (including copyright and trademark notices) which may be affixed to or contained within the Services.
8. Fee
Pricing information can be found at https://h2tperfromance.com.
9. Termination
9.1. These terms may be terminated by the User at any time, by contacting H2T by sending an email to [email protected] or using the feature “Contact” in www.h2tperformance.com for sending a message.
9.2. H2T may immediately terminate the agreement based on these Terms if H2T is determined that a User is acting, or has acted in a way that has negatively affected or may negatively reflect H2T and/or the Service or other Users or if a User has breached obligations set in these Terms.
10. Updates to Terms of Service
H2T reserves the right to make changes to these Terms of Service by posting revisions and/or providing advance notice of changes to the Terms, generally via email where practicable, and otherwise through a notification on the website or in our mobile app
Last updated 11/3/2024.
