Terms of Service

8CTANE — TERMS OF SERVICE Effective Date: July 27, 2026 By creating an account or using 8ctane, operated by 8ctane Technologies, LLC ("8ctane," "we," "us," or "our"), you acknowledge that you have read, understand, and agree to be bound by the following Terms of Service. If you do not agree, do not use the Platform. 1. SERVICE DESCRIPTION 8ctane is a cloud-based sports training and athlete development platform. The Platform provides tools for training program design, athlete management, video-based biomechanical assessment using artificial intelligence, performance reporting, and related features. The Platform is available through a web browser, as a Progressive Web App (PWA), and through native mobile applications. 2. RELATIONSHIP TO OTHER AGREEMENTS (ORDER OF PRECEDENCE) If you access the Platform through a school, college, university, district, team, club, or other organization that has entered into a separate written agreement with 8ctane (a "Signed Agreement") governing the collection, use, storage, protection, or disclosure of data, that Signed Agreement governs and controls in the event of any conflict with these Terms. Nothing in these Terms is intended to — and these Terms shall not be construed to — conflict with, waive, diminish, or override any obligation or protection set out in a Signed Agreement, including any data-protection, FERPA, student-data, confidentiality, or privacy provisions. In case of a conflict, the more protective provision for the individual whose data is at issue applies to the extent required by the Signed Agreement or applicable law. 3. ACCOUNT REGISTRATION AND AUTHENTICATION Access to the Platform requires an account. Accounts are created through Google or Apple authentication, or by verifying a one-time code sent to your email address — 8ctane does not store or manage passwords directly. You are responsible for maintaining the security of your authentication provider and email accounts and for all activity that occurs under your 8ctane account. You must provide accurate and complete information during registration and keep your account information current. Organizations may invite users to join the Platform via email invitation. By accepting an invitation, you agree to these Terms and to the policies of the inviting organization as they relate to use of the Platform. 4. USER ROLES AND ACCESS The Platform uses a role-based access system. Users are assigned roles at the organization level (Owner, Admin, Coach, or Member) and at the team level (Admin, Coach, Analyst, or Member). Your role determines what data you can access and what actions you can perform. Organization administrators control role assignments and team membership. Coaches, administrators, and other authorized personnel within an athlete's organization may access that athlete's information — including profile, physical metrics, assessment results, and performance data — solely in connection with their legitimate role in training, coaching, and developing that athlete. Where the Platform is provided to an educational institution, this access is limited to personnel with a legitimate educational interest in the athlete's records (see §11). Access outside of your authorized scope is prohibited. 5. ACCEPTABLE USE You agree to use the Platform only for its intended purposes related to sports training and athlete development. You agree not to: - Share your account credentials or allow unauthorized access to your account - Upload content that is inappropriate, harmful, or unrelated to athletic training - Attempt to access data belonging to other organizations or users outside your authorized scope - Use the Platform in any way that violates applicable laws or regulations - Reverse engineer, decompile, or attempt to extract the source code of the Platform We reserve the right to suspend or terminate accounts that violate these terms at our sole discretion. 6. USER CONTENT AND INTELLECTUAL PROPERTY You retain ownership of all content you upload to the Platform, including videos, training programs, and athlete data. By uploading content, you grant 8ctane a non-exclusive, royalty-free license to use, reproduce, process, store, and analyze your content for the purpose of providing, improving, and developing our services. You represent and warrant that you own the content or have sufficient rights to grant this license, and that you have obtained consent from any individuals whose data is uploaded to the Platform (including parental or legal guardian consent for minors, and any consent or authorization required from a school or organization). 8ctane and its licensors retain all rights in the Platform's software, design, algorithms, AI models, and proprietary technology. Nothing in these Terms transfers any intellectual property rights to you beyond the limited right to use the Platform as described herein. 7. AI-POWERED FEATURES The Platform uses artificial intelligence to analyze video content, generate biomechanical assessments, provide training recommendations, and power other features. While we strive for accuracy, AI analysis may not always be perfect and results may contain errors or inaccuracies. We make no representations or warranties as to the accuracy, reliability, completeness, or timeliness of any AI-generated assessment results, scores, metrics, or recommendations. Results may be affected by video quality, camera angle, lighting conditions, device capabilities, and other factors outside our control. Assessment results should be considered one data point among many — not a definitive evaluation of abilities or health. AI-generated assessments and recommendations are not a substitute for in-person evaluation by a qualified coach, trainer, physical therapist, or sports medicine professional. We do not guarantee any specific outcomes, performance improvements, or injury prevention from following our recommendations. The Platform is not a medical device and is not intended for diagnosis, treatment, mitigation, or prevention of any disease or medical condition. 8. SUBSCRIPTION AND BILLING Certain features of the Platform require a paid subscription. Subscription plans, pricing, and features are described on the Platform. Payment processing is handled by Stripe, Inc. — 8ctane does not directly store or process payment card information. Subscriptions automatically renew at the end of each billing period unless canceled. You may cancel your subscription at any time through the Platform. Free-tier access is subject to usage limits as described on the Platform. 9. CONSENT TO DATA COLLECTION AND PROCESSING By creating an account, using the Platform, and accepting these Terms, you consent to our collection, use, storage, and processing of: - Personal information: your name, email address, and date of birth; and - Health, biometric, and performance data: height, weight, body composition, and performance measurements, including video recordings and video-derived biomechanical, movement, and pose data. You also consent to the collection, storage, processing, and transfer of your data on systems located in the United States, including transfers across U.S. state lines and, if you access the Platform from outside the United States, across national borders into the United States. The categories of data we collect, how we use them, how they are shared, and your rights (including deletion and export) are described in full in our Privacy Policy, which is incorporated into these Terms by reference. Where you upload or enter data about another individual (for example, a coach recording an athlete's metrics), you represent and warrant that you have obtained that individual's consent — and, for a minor, the consent of a parent or legal guardian or the authorization of the responsible school or organization. 10. AGE REQUIREMENTS AND PARENTAL / GUARDIAN CONSENT Users under 18 years of age must have verifiable parental or legal guardian consent before using the Platform. The consenting parent or guardian assumes all obligations under these Terms on behalf of the minor, is bound by the release of liability, assumption of risk, indemnification, and dispute-resolution provisions on the minor's behalf, and is responsible for the minor's use of the Platform. By proceeding, you confirm that you are either (a) 18 years of age or older, or (b) a minor whose parent or legal guardian has reviewed these Terms, consented to your use of the Platform on your behalf, and consulted with a physician regarding your fitness to participate in athletic training activities; or (c) an enrolled student at a postsecondary institution accessing the Platform through that institution, in which case you accept these Terms in your own capacity as permitted by that institution. We may request your date of birth to determine whether you are a minor and to apply the appropriate consent requirements. Organizations and coaches who create accounts for or upload data about minor athletes represent and warrant that they have obtained appropriate parental or guardian consent (or the authorization required from the responsible school) for the collection, use, and processing of such data. We do not knowingly collect personal information from children under 13 without verifiable parental consent. 11. FERPA AND STUDENT EDUCATION RECORDS Where the Platform is provided to, or accessed by you through, a school, college, university, or other educational institution subject to the Family Educational Rights and Privacy Act ("FERPA," 20 U.S.C. § 1232g; 34 CFR Part 99), the following applies to any personally identifiable information from student education records that we hold or process on behalf of that institution: - 8ctane acts as a "school official" performing an institutional service or function for which the institution would otherwise use its own employees, and has a "legitimate educational interest" in the education records under 34 CFR § 99.31(a)(1). - 8ctane is under the direct control of the institution with respect to the use and maintenance of the education records. - 8ctane uses education records only to provide and support the Platform's services to the institution, and for no other purpose. - 8ctane will not re-disclose personally identifiable information from education records to any other party without the authorization of the institution, except as permitted by FERPA, by the institution's direction, or by a Signed Agreement. - Upon the institution's request or termination of service, 8ctane will return or delete education records as directed by the institution, subject to any legal retention obligations. For students who have reached 18 years of age or who are enrolled at a postsecondary institution ("eligible students"), FERPA rights transfer from the parent to the student. Nothing in this section limits any greater protection required by a Signed Agreement or by applicable state student-data-privacy law. 12. HEALTH AND SAFETY — PLEASE READ CAREFULLY 8ctane is not a medical organization and does not provide medical advice, medical diagnosis, or treatment. All assessments, movement analysis, training recommendations, and exercise programming provided through this Platform are for informational and educational purposes only and do not constitute professional medical, health, or fitness advice. You should consult your physician or qualified healthcare professional before beginning any exercise or training program, particularly if you have any pre-existing health conditions, history of injury, heart disease, high blood pressure, bone or joint problems, or if you are pregnant. If you are under the age of 18, your parent or legal guardian must consult with a physician on your behalf. You should never disregard professional medical advice or delay seeking medical attention because of any content, assessment result, or recommendation provided through this Platform. If you experience pain, dizziness, shortness of breath, or discomfort during any athletic activity, stop immediately and seek medical attention. 13. ASSUMPTION OF RISK You acknowledge that athletic activities, exercise, and sports training — including baseball pitching and hitting — carry inherent and significant risks of bodily injury, disability, or death. These risks include but are not limited to: muscle strain, joint dysfunction, ligament and tendon injury (including UCL/Tommy John injury), overuse injury, aggravation of pre-existing conditions, abnormal blood pressure, fainting, disorders of heartbeat, and in rare instances, heart attack or death. By using this Platform and participating in any recommended exercise, training program, or athletic activity, you knowingly and freely assume all such risks, both known and unknown. You certify that you are in adequate physical condition to participate in athletic training activities, or that you have obtained physician clearance to do so. Your participation is entirely voluntary. 8ctane does not require, mandate, or supervise any physical activity. Any decision to train, exercise, or modify your athletic technique is made solely at your own discretion and risk. 14. RELEASE AND WAIVER OF LIABILITY To the fullest extent permitted by applicable law, you release and discharge 8ctane, its officers, directors, employees, agents, affiliates, successors, and assigns (the "Released Parties") from any and all claims, demands, causes of action, damages, losses, or expenses (including attorneys' fees) arising from or related to: your use of this Platform, participation in any recommended exercise or training program, reliance on any assessment results or recommendations, or any injury, disability, or death arising therefrom. This release applies to claims arising from the negligence of the Released Parties, to the extent permitted by applicable law. This release does not apply to claims arising from gross negligence or intentional misconduct. 15. LIMITATION OF LIABILITY In no event shall 8ctane be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, including but not limited to personal injury, pain and suffering, emotional distress, loss of profits, loss of data, or other intangible losses, regardless of the theory of liability. 8ctane's total aggregate liability for any and all claims arising from or related to the use of this Platform shall not exceed the greater of: (a) the amount you paid to 8ctane in the twelve (12) months preceding the claim, or (b) one hundred dollars ($100.00). 16. DISCLAIMER OF WARRANTIES The Platform, all content, assessments, recommendations, and exercise programming are provided "as is" and "as available" without warranties of any kind, express or implied. We expressly disclaim all warranties including but not limited to: merchantability, fitness for a particular purpose, non-infringement, and accuracy. We do not guarantee that the Platform will be uninterrupted, secure, or error-free. 17. INDEMNIFICATION You agree to indemnify, defend, and hold harmless the Released Parties from and against any and all claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising out of or relating to: your violation of these Terms, your use of the Platform, content you upload, your violation of any third-party rights, or any injury to you or a third party resulting from activities performed based on Platform recommendations. 18. DATA DELETION AND PORTABILITY You may request deletion of your account and the personal information associated with it, and you may request a copy of your personal and performance data in a portable, machine-readable format (CSV or JSON), as described in our Privacy Policy. Where the Platform is provided to an institution, deletion and export may be directed or fulfilled through that institution in accordance with a Signed Agreement. 19. TERMINATION We may suspend or terminate your access to the Platform at any time, with or without cause, with or without notice. Upon termination, your right to use the Platform ceases immediately. Provisions of these Terms that by their nature should survive termination shall survive, including but not limited to: intellectual property provisions, warranty disclaimers, limitation of liability, indemnification, and dispute resolution. You may request deletion of your account and associated data as described in §18 and our Privacy Policy. 20. FORCE MAJEURE We shall not be liable for failure or delay resulting from causes beyond our reasonable control, including but not limited to natural disasters, internet outages, cloud provider failures, or governmental actions. 21. EXPORT COMPLIANCE You agree to comply with all applicable export control laws and regulations. 22. MODIFICATIONS These Terms are subject to update. We will notify you of material changes through the Platform or via email. Continued use of the Platform after updates constitutes acceptance of the revised Terms. If we make material changes that require renewed acceptance, we will prompt you to review and accept the updated Terms. 23. GOVERNING LAW AND DISPUTE RESOLUTION These Terms shall be governed by and construed in accordance with the laws of the State of Florida, without regard to conflict of law principles. Any dispute arising out of or relating to these Terms or your use of the Platform shall be resolved by binding arbitration administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules. Arbitration shall take place in Florida, and judgment on the award may be entered in any court of competent jurisdiction. You waive the right to participate in class action lawsuits or class-wide arbitration. This section does not override any dispute-resolution or governing-law provision of a Signed Agreement, which controls where applicable. 24. CONTACT For questions about these Terms, please contact us at support@8ctane.ai. By accepting these Terms, you acknowledge that you have read this agreement, understand it, and agree to be bound by its terms and conditions — including the consent to data collection and processing, the release of liability, assumption of risk, and indemnification provisions above.