Terms and Conditions of Service

Last updated: March 2026

Welcome to BESTLEVEL LLC. By using our services, you accept these terms and conditions in their entirety. If you have executed a separate Service Agreement (Order Form) with BESTLEVEL LLC, the terms of that Service Agreement shall govern your commercial relationship and shall take precedence over these Terms and Conditions in the event of any conflict.

1. DEFINITIONS AND SERVICE DESCRIPTION

1.1 About BESTLEVEL LLC

BESTLEVEL LLC is a SaaS (Software as a Service) and Fintech platform designed for sports clubs, academies, educational institutions, and coaches that allows:

• Managing athletes, students, and clients and their personal and training data
• Creating and assigning personalized workouts and training programs
• Providing a mobile application for Athletes, Students, or End Users to interact with their coaches and institutions
• Accessing a library of exercises with demonstration videos
• Designing and sharing tactical playbooks and formations
• Generating reports, progress tracking, and AI-powered video analysis
• Managing athlete compliance registration (medical forms, waivers, documentation)
• Facilitating and processing payments between institutions/coaches and athletes or their families, including enrollment fees, tuition, dues, uniform purchases, tournament fees, and other charges

1.2 Business Relationship

Our direct clients are sports clubs, academies, educational institutions, and coaches ("Coaches, Clubs, Academies, and Institutions" or "Client"). The end users are the athletes, students, or clients of our direct clients ("Athletes, Students, or End Users") who use our mobile application. BESTLEVEL LLC acts as a technology provider and, depending on the service plan selected, as an integrated payment processing platform.

1.3 Service Agreement

The specific commercial terms governing each Client relationship — including fee amounts, service plan selection, and operational details — are set forth in a separate Service Agreement (Order Form) executed between BESTLEVEL LLC and the Client. These Terms and Conditions provide the general legal framework that applies to all users of the platform.

2. ELIGIBILITY AND REGISTRATION

To use BESTLEVEL LLC you must:

• Be over 18 years old
• Be a certified coach, personal trainer, or represent a legitimate sports club, academy, or educational institution
• Provide truthful and updated information during registration
• Maintain the confidentiality of your access credentials
• Comply with local regulations of your profession and jurisdiction

Important:

You are responsible for all activities that occur under your account, including actions by your authorized employees or collaborators.

3. SERVICE PLANS, PRICING, AND FEES

3.1 Service Plan Options

BESTLEVEL LLC offers two primary engagement models for institutional Clients:

• Transactional Plan (Payment Processing + Platform): The Client uses BestLevel as its integrated payment processing and management platform. Fees include a Transaction Processing Fee, a Per-Player License Fee, and a one-time Setup Fee. The specific amounts are defined in the applicable Service Agreement.
• Platform-Only Subscription (No Payment Processing): The Client pays a flat annual fee for access to BestLevel's administrative, roster management, and sports performance tools only. Payment processing features are not included under this plan. The annual fee is defined in the applicable Service Agreement.

For individual coaches and small-scale users, we also offer:

• FREE: Up to 5 clients (free) — tactical board and basic tools
• Pro: Variable number of clients according to monthly cost
• Custom: Personalized plan according to specific needs

3.2 Transaction Processing Fee

For Clients on the Transactional Plan:

• BESTLEVEL LLC charges a Transaction Processing Fee (commission) on the gross amount of each transaction processed through the platform, including but not limited to: enrollment fees, tuition, monthly dues, uniform purchases, tryout fees, tournament fees, camp fees, fundraising, and sponsor contributions.
• The Transaction Processing Fee is independent of and in addition to any third-party payment processor fees (e.g., Stripe's per-transaction fees). Third-party processor fees are the responsibility of the Client or may be passed through to the End User at the Client's discretion.
• The Transaction Processing Fee is collected by deduction from the gross transaction proceeds before settlement to the Client's designated bank account.
• The specific rate is defined in the applicable Service Agreement.

3.3 Software License Fee (Per-Player Fee)

For Clients on the Transactional Plan:

• BESTLEVEL LLC charges a Per-Player License Fee for each athlete registered on the platform. This is a software seat license cost, not a per-transaction charge.
• The Per-Player License Fee accrues upon player registration or import into the platform, at the beginning of each season, or at such other time as BestLevel determines in its reasonable discretion.
• The Per-Player License Fee accrues regardless of whether the athlete has paid their dues, tuition, or any other amount to the Client. It is a platform licensing cost, not contingent on End User payment activity.
• Per-Player License Fees are non-refundable once billed, including in cases of player withdrawal, team changes, or early termination.
• The specific amount is defined in the applicable Service Agreement.

3.4 Setup and Implementation Fee

• A one-time, non-refundable Setup Fee may apply for system configuration, data migration, concierge onboarding, and staff training.
• The specific amount is defined in the applicable Service Agreement.
• The Setup Fee is due upon execution of the Service Agreement and prior to the commencement of onboarding services.

3.5 Platform-Only Annual Subscription Fee

For Clients on the Platform-Only Subscription:

• The Client pays a flat annual fee, billed annually in advance.
• Payment processing features are not included, and the Exclusive Payment Processing Obligation (Section 4) does not apply.
• The annual fee is subject to adjustment by BestLevel for each renewal period, as described in Section 3.8.
• The specific amount is defined in the applicable Service Agreement.

3.6 Trial Period

We offer a 30-day free trial period for Pro, Custom, and institutional plans. During this period you will have full access to the functionalities of the selected plan. Trial periods for institutional Clients are subject to the terms of the applicable Service Agreement.

3.7 General Billing Terms

• Subscriptions and recurring fees are billed in advance according to the applicable billing cycle (monthly or annually).
• Payments are processed automatically on the renewal date.
• If you exceed your plan's client limit, you must upgrade to a higher tier.
• We use Stripe as our primary payment processor.
• Any amount not paid when due shall accrue interest at the rate of 1.5% per month (or the maximum rate permitted by applicable law, whichever is lower) from the due date until paid in full. The Client shall also reimburse BestLevel for all reasonable costs of collection, including attorneys' fees.

3.8 Fee Adjustments

We reserve the right to modify any fees associated with our services at any time, including but not limited to: subscription prices, Transaction Processing Fee rates, Per-Player License Fees, Platform-Only Annual Subscription Fees, and any other service charges.

We will notify you at least 30 days in advance of any fee adjustment. Continued use of the platform after the effective date of the fee adjustment constitutes your acceptance of the revised fees. If you do not agree to the revised fees, you may terminate your subscription by providing written notice before the adjusted fees take effect, subject to payment of all accrued obligations through the termination date.

3.9 Minimum Annual Commitment

Certain institutional service plans may include a Minimum Annual Commitment — a minimum aggregate fee amount payable during each contract year, regardless of actual usage or transaction volume. If the aggregate fees collected during a contract year fall below the Minimum Annual Commitment, BESTLEVEL LLC may invoice the Client for the shortfall. Details are defined in the applicable Service Agreement.

3.10 No Refunds

All fees under these Terms — including Setup Fees, Per-Player License Fees, Minimum Annual Commitment payments, and annual subscription fees — are non-refundable once billed, except as expressly provided in a separate Service Agreement or as required by applicable law.

4. PAYMENT PROCESSING AND FINANCIAL TERMS

This Section 4 applies only to Clients on the Transactional Plan who use BestLevel's integrated payment processing features. It does not apply to Platform-Only Subscription Clients or individual Free/Pro plan users.

4.1 Exclusive Payment Processing Obligation

Exclusivity Requirement:

By selecting the Transactional Plan and executing a Service Agreement, the Client agrees to use BESTLEVEL LLC as its sole and exclusive payment processing platform for all monetary transactions related to the Client's operations managed through the BestLevel platform, including but not limited to:

• Enrollment and registration fees
• Monthly tuition and dues
• Uniform and equipment sales
• Tryout and evaluation fees
• Tournament and camp fees
• Fundraising and sponsor contributions
• Any other fees, charges, or payments collected from athletes, families, parents, guardians, or sponsors in connection with the Client's programs

During the term of the Service Agreement, the Client shall not use any alternative payment processor, invoicing system, peer-to-peer payment platform (including but not limited to Venmo, Zelle, PayPal, CashApp), cash collection system, or manual payment method for transactions that fall within the scope above, unless expressly authorized in writing by BestLevel.

A breach of this exclusivity obligation constitutes a material breach of the Service Agreement. BestLevel may, at its sole discretion: (a) require the Client to cure the breach within fifteen (15) calendar days; (b) terminate the Service Agreement if the breach is not cured; (c) recover estimated lost Transaction Processing Fees; and (d) accelerate all remaining unpaid fees.

4.2 Chargebacks, Disputes, and Refund Liability

The Client is the merchant of record for all transactions processed through BestLevel's payment infrastructure. BestLevel provides the technology platform and payment processing infrastructure only; the Client is the entity selling goods and services to End Users.

The Client is solely and exclusively responsible for:

• All chargebacks, payment reversals, refund requests, and payment disputes initiated by parents, athletes, guardians, sponsors, or any other party
• All fees, penalties, and fines imposed by payment networks (Visa, Mastercard, etc.) or payment processors (Stripe) in connection with such disputes
• Any costs incurred by BestLevel in responding to or managing disputes on behalf of the Client

BestLevel reserves the right to debit the Client's connected bank account or offset against pending payouts any chargeback amounts, processor fees, and network fines without prior notice.

The Client shall maintain a chargeback rate below the thresholds required by applicable payment networks (currently: Visa < 0.9%, Mastercard < 1.5%). If the Client's chargeback rate exceeds these thresholds, BestLevel may suspend payment processing or terminate the Service Agreement.

4.3 Payout Schedule and Reserve

• BestLevel will remit collected funds to the Client on a regular basis (weekly or bi-weekly, as specified in the Service Agreement), less all applicable fees, chargeback offsets, and reserves.
• BestLevel reserves the right to maintain a rolling reserve of up to 10% of the Client's gross processed volume for a period of up to 90 days. The reserve shall be used to cover anticipated chargebacks, refunds, and any amounts owed by the Client.
• BestLevel may delay or withhold payouts when there is a reasonable suspicion of fraud, excessive chargeback activity, breach of the Service Agreement, or regulatory inquiry. BestLevel will notify the Client promptly when a hold is placed.

4.4 BestLevel Audit Rights

BestLevel reserves the right to audit the Client's compliance with the Exclusive Payment Processing Obligation (Section 4.1). The Client agrees to cooperate with reasonable requests for documentation or evidence demonstrating that no alternative payment processors are being used for transactions within the scope of the exclusivity obligation.

5. SERVICE USE AND LIMITATIONS

5.1 License of Use

We grant you a limited, non-exclusive, non-transferable and revocable license to use BESTLEVEL LLC solely for legitimate commercial purposes related to sports training.

5.2 Use Restrictions

You may not:

• Resell, sublicense or transfer your access to third parties
• Reverse engineer the software
• Use the service for illegal or unauthorized activities
• Attempt to access data from other coaches or institutions
• Overload or interfere with the service infrastructure
• Upload inappropriate, offensive content or content that violates third-party rights
• Upload, share, or distribute any content depicting minors in an inappropriate, exploitative, or abusive manner
• Use the platform to contact minors outside the scope of legitimate coaching activities
• Share access credentials with unauthorized individuals, especially when the account manages data of minors

5.3 Usage Limits

We establish reasonable usage limits to maintain service quality for all users:

• Storage: Limits according to contracted plan
• Bandwidth: Reasonable use according to plan
• Number of requests per minute: Anti-abuse limits

We reserve the right to restrict usage if these limits are consistently exceeded, at our discretion and judgment.

6. CONTENT AND INTELLECTUAL PROPERTY

6.1 Coach / Institution-Created Content

You retain ownership of the workouts, training programs, playbooks, and content you create. However, you grant us a license to store, process and display this content through our platform.

6.2 AI-Generated Content

If you use artificial intelligence functionalities to generate or edit workouts, you are completely responsible for reviewing, evaluating and approving all content before assigning it to your clients. BESTLEVEL LLC is not responsible for the accuracy, safety or effectiveness of AI-generated content.

6.3 AI Video Analysis and Biometric Data Disclaimer

BESTLEVEL LLC utilizes artificial intelligence and computer vision models (such as object detection) strictly for tactical analysis, player positioning, and movement tracking on the field. We DO NOT collect, scan, store, or process Biometric Data (including but not limited to facial recognition, retina scans, voiceprints, or precise geometric identifiers) for the purpose of identifying individuals. The AI tools are designed solely to track human figures anonymously for athletic and tactical evaluation. No biometric identifiers as defined under the Illinois Biometric Information Privacy Act (BIPA), Texas Capture or Use of Biometric Identifier Act, or any similar state or federal law are collected or processed by the platform.

6.4 Inappropriate Content Policy

Prohibited Content:

It is strictly prohibited to upload, share or transmit:

• Sexual, pornographic or inappropriate content
• Violent or disturbing images or videos
• Material that promotes hatred, discrimination or violence
• Content that violates copyright or intellectual property rights
• Personal information of third parties without consent

We reserve the right to immediately block accounts and file legal complaints if we consider that content violates these policies or applicable law.

6.5 Open Source Software Attribution

Use of Open Source Software:

Our platform incorporates open source software components, including a modified version of Excalidraw, which is licensed under the MIT License.

Excalidraw License Notice:

Copyright (c) 2020 Excalidraw

Permission is hereby granted, free of charge, to any person obtaining a copy of this software and associated documentation files (the "Software"), to deal in the Software without restriction, including without limitation the rights to use, copy, modify, merge, publish, distribute, sublicense, and/or sell copies of the Software, and to permit persons to whom the Software is furnished to do so, subject to the following conditions:

The above copyright notice and this permission notice shall be included in all copies or substantial portions of the Software.

THE SOFTWARE IS PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. IN NO EVENT SHALL THE AUTHORS OR COPYRIGHT HOLDERS BE LIABLE FOR ANY CLAIM, DAMAGES OR OTHER LIABILITY, WHETHER IN AN ACTION OF CONTRACT, TORT OR OTHERWISE, ARISING FROM, OUT OF OR IN CONNECTION WITH THE SOFTWARE OR THE USE OR OTHER DEALINGS IN THE SOFTWARE.

We are grateful to the Excalidraw team and the open source community for making this powerful tool available. For more information about Excalidraw, visit their official repository.

6.6 Video Content Distribution

IMPORTANT — VIDEO CONTENT DISTRIBUTION:

BESTLEVEL LLC provides a Video Center and video assignment features that allow Coaches, Clubs, Academies, and Institutions to distribute, assign, and share video content (including match footage, training recordings, tactical analysis clips, and any other video or media files) with individual athletes, teams, or their parents/guardians through the platform and mobile application.

BESTLEVEL LLC provides this functionality solely as a video distribution infrastructure tool. The platform:

• DOES NOT review, moderate, screen, or verify the legality, ownership, or licensing status of any video or media content uploaded or distributed by Coaches, Clubs, or Institutions
• DOES NOT verify whether the Coach, Club, or Institution has obtained the necessary rights, licenses, permissions, or media releases to distribute video content
• DOES NOT check whether video content depicts opposing teams, referees, spectators, minors, or other third parties who may have rights to their likeness
• DOES NOT enforce media consent or photo/video release requirements — the platform provides tools to collect media release waivers (see Section 7.6), but verification and enforcement are the Client's sole responsibility
• DOES NOT provide legal advice on the legality of distributing specific video content in any jurisdiction

The Coach, Club, Academy, or Institution is solely and exclusively responsible for:

• Ensuring it has all necessary rights, licenses, and permissions to distribute any video or media content through the platform, including content that may depict opposing teams, referees, spectators, or other third parties
• Obtaining and verifying photo/video media release waivers from all individuals identifiable in distributed video content, or ensuring such individuals are not identifiable
• Complying with all applicable local, state, federal, and international laws governing the recording, distribution, and sharing of video content, including laws related to the privacy and likeness rights of minors
• Ensuring that video content distributed to athletes or parents does not violate any third-party intellectual property rights, broadcasting rights, league rules, or governing body regulations
• Any consequences, claims, damages, or penalties arising from the unauthorized or unlawful distribution of video content through the platform

BESTLEVEL LLC shall not be liable for any claim, damage, penalty, fine, or regulatory action arising from the Client's distribution of video content through the platform without proper rights, licenses, permissions, or media releases, including claims from opposing teams, athletes, parents, referees, spectators, leagues, governing bodies, or any other third party.

7. RESPONSIBILITIES AND LIMITATIONS

7.1 Coach / Institution Responsibility

As a Coach, Club, Academy, or Institution, you are completely responsible for:

• The quality, safety and effectiveness of the workouts and training programs you design
• Obtaining required professional certifications and insurance in your jurisdiction
• Complying with local regulations of your profession
• Direct relationship and communication with your athletes, students, or end clients
• Any injury, damage or consequence that your athletes or clients may suffer
• Personally clarifying with your athletes or clients any doubts about workouts or app usage
• Reviewing and approving all AI-generated content before use
• Managing disputes, payments and business relationships with your athletes or clients
• Obtaining all necessary consents (including verifiable parental consent for minors) before entering data into the platform
• Verifying that all required waivers, contracts, and consent forms have been properly signed by parents, guardians, or athletes before acting on, displaying, sharing, or relying on the associated data — the platform provides the tools to collect and store these documents, but does not verify, validate, or enforce that signatures have been obtained (see Section 7.6)
• The security of data exported from, downloaded from, or transmitted outside of the BestLevel platform, including data shared with third-party systems (e.g., GotSport, SportsEngine, league registration systems), the Client's own local systems, email, or spreadsheets
• Ensuring that it has all necessary rights, licenses, permissions, and media releases to distribute any video or media content to athletes, parents, or guardians through the platform, including content that may depict opposing teams, referees, spectators, or other third parties (see Section 6.6)
• Compliance with the Exclusive Payment Processing Obligation (Section 4.1) when applicable

7.2 BESTLEVEL LLC Liability Limitation

BESTLEVEL LLC is NOT responsible for:

• Injuries, damages or consequences suffered by end users
• Disputes between coaches/institutions and their athletes or clients
• The quality, effectiveness or safety of created workouts
• Payment issues, chargebacks, refund disputes, or payment reversals between coaches/institutions and athletes or clients
• Data loss due to user device failures
• Temporary service interruptions for maintenance
• Content generated or edited by artificial intelligence
• Medical or health decisions based on platform use
• The security, confidentiality, integrity, or any unauthorized access, use, or disclosure of data that has been exported from, downloaded from, or transmitted outside of BestLevel's infrastructure by the Client or its authorized users
• Data breaches or unauthorized access occurring on the Client's own systems, devices, networks, or third-party platforms
• The Client's failure to verify that required waivers, contracts, or consent forms have been signed before displaying, sharing, or acting on athlete or End User data
• Any claim arising from the Client's use of unsigned, incomplete, or improperly executed compliance documents collected through the platform
• Claims arising from the Client's distribution, assignment, or sharing of video or media content through the platform without proper rights, licenses, permissions, or media releases, including claims from opposing teams, athletes, parents, referees, spectators, leagues, governing bodies, or any other third party

7.3 Limitation of Liability Cap

IN NO EVENT SHALL BESTLEVEL LLC'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION EXCEED THE AMOUNT YOU HAVE PAID TO BESTLEVEL LLC IN THE TWELVE (12) MONTHS PRIOR TO THE CLAIM. IF YOU HAVE NOT PAID ANY FEES, BESTLEVEL LLC'S MAXIMUM LIABILITY SHALL NOT EXCEED ONE HUNDRED US DOLLARS ($100).

7.4 Client Indemnification

Indemnification Obligation:

The Client shall indemnify, defend, and hold harmless BESTLEVEL LLC, its officers, directors, employees, and agents from and against any and all claims, losses, liabilities, damages, costs, and expenses (including reasonable attorneys' fees) arising from or related to:

• Chargebacks, payment disputes, or refund claims from End Users
• The Client's payment collection practices or failure to deliver goods or services
• Claims by athletes, parents, guardians, sponsors, or third parties arising from the Client's operations
• The Client's failure to obtain proper consents before entering data into the platform
• The Client's violation of any applicable data protection, privacy, or consumer protection law
• Data breaches, unauthorized access, or misuse of data occurring outside of BestLevel's infrastructure
• The Client's breach of the Exclusive Payment Processing Obligation or any other term of these Terms or the Service Agreement
• Claims arising from the Client's failure to verify that waivers, contracts, or consent forms have been properly signed before displaying, sharing, or relying on athlete or End User data collected through the platform
• Claims arising from the unauthorized distribution, assignment, or sharing of video or media content through the platform, including content depicting opposing teams, referees, spectators, minors, or other third parties without proper rights, licenses, permissions, or media releases

7.5 Medical Disclaimer

IMPORTANT — MEDICAL DISCLAIMER:

The health and injury tracking features provided by BESTLEVEL LLC are designed solely for coaching communication and availability tracking purposes.

THIS PLATFORM IS NOT A MEDICAL DEVICE, AN ELECTRONIC MEDICAL RECORD (EMR), NOR A SUBSTITUTE FOR PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT.

Do not rely on this service for medical diagnosis, treatment decisions, or emergency care. Always seek the advice of qualified health providers with questions regarding medical conditions. The injury tracking tools are intended to help coaches track athlete availability for training and competition, NOT to provide medical assessments.

7.6 Compliance Registration Module Disclaimer

IMPORTANT — COMPLIANCE REGISTRATION TOOLS:

BESTLEVEL LLC provides a Compliance Registration Module that allows Clubs, Academies, and Institutions to collect, store, and organize compliance documents from athletes and their families, including but not limited to: player agreements, codes of conduct, liability waivers, medical release forms, photo/media consent forms, concussion protocols, and any other contracts or documents the Client configures.

BESTLEVEL LLC provides this module solely as a document collection and storage tool. The platform:

• DOES NOT verify, validate, or enforce that any waiver, contract, or consent form has been signed, completed, or legally executed
• DOES NOT check whether signatures are authentic, legally binding, or obtained from authorized persons (such as parents or legal guardians)
• DOES NOT prevent the Client from accessing, displaying, sharing, or acting on athlete data regardless of whether the associated compliance documents have been signed
• DOES NOT provide legal advice on the adequacy, enforceability, or compliance of any document uploaded by the Client

The Client (Club, Academy, or Institution) is solely and exclusively responsible for:

• Configuring which documents are required for each athlete or program
• Verifying that all required documents have been properly signed by the appropriate parties (parents, guardians, or athletes of legal age) before displaying, sharing, exporting, or relying on any athlete data
• Ensuring that the content of its waivers, contracts, and consent forms complies with applicable laws in the Client's jurisdiction
• Enforcing its own compliance policies — including preventing coaches or staff from accessing athlete data until all required documents are signed
• Any consequences arising from the use of athlete data without proper signed consent

BESTLEVEL LLC shall not be liable for any claim, damage, penalty, or regulatory action arising from the Client's failure to verify the completion or validity of compliance documents before acting on athlete data, or from the Client's use of inadequate, legally deficient, or improperly executed documents.

7.7 Dispute Mediation

BESTLEVEL LLC does not act as a mediator in disputes between coaches/institutions and athletes or clients. Any conflict must be resolved directly between the involved parties. When we process payments, our role is limited to providing the technical transaction infrastructure. We do not adjudicate, mediate, or assume any responsibility for the underlying commercial relationship between the Client and its End Users.

8. DATA PROTECTION AND PRIVACY

8.1 Data Handling

We handle and store both your data and that of your athletes, students, or end clients who enter through our application. This includes:

• Personal and contact information
• Training and progress data
• Images and videos related to exercises and training sessions
• Compliance registration data (medical forms, waivers, documentation — when applicable)
• Payment information (when applicable)

8.2 Privacy Policy

Privacy Commitment:

We commit to protecting the privacy and security of all data stored on our platform. We implement appropriate technical and organizational security measures to protect personal information against unauthorized access, alteration, disclosure or destruction.

We do not sell, rent or share personal data with third parties for commercial purposes without explicit consent. We only share data when necessary for service operation or when required by law.

8.3 Data Processing Agreement (DPA)

For educational institutions, high schools, clubs, and academies, a formal Data Processing Agreement (DPA) is available that details our commitments under FERPA (Family Educational Rights and Privacy Act) and COPPA, including sub-processor disclosures, security measures, breach notification procedures, and data retention/deletion policies.

Review the full DPA at: Data Processing Agreement

For institutions requiring a signed, bilateral version with custom terms, contact us at contact@thebestlevel.com.

8.4 Children's Data and COPPA Compliance

COPPA Compliance:

BESTLEVEL LLC complies with the Children's Online Privacy Protection Act (COPPA). Our platform may process data of minors (athletes) on behalf of Clubs, Academies, and Institutions.

• The Club, Academy, or Institution is the Data Controller and is responsible for obtaining verifiable parental consent before adding any athlete under 13 years of age to the platform.
• For athletes under 13, the platform requires a parent/guardian email address for all account-related communications.
• BESTLEVEL LLC acts as a Data Processor and provides the technical infrastructure to securely store and process this data.
• We do not knowingly collect personal information directly from children under 13 without parental involvement.
• Parents or guardians may contact us at contact@thebestlevel.com to review, request deletion, or refuse further collection of their child's data.

8.5 Client Data Export and Third-Party Sharing Disclaimer

Data Export Disclaimer:

BestLevel securely stores all Client and End User data within its infrastructure using industry-standard encryption, access controls, and security measures. However, once data has been exported from, downloaded from, or transmitted outside of BestLevel's infrastructure by the Client or its authorized users — including but not limited to exports to third-party league registration systems (e.g., GotSport, SportsEngine), the Client's own local systems, email, spreadsheets, or any other medium — BESTLEVEL LLC assumes zero liability for the security, confidentiality, integrity, or any unauthorized access, use, or disclosure of such data.

The Client is solely responsible for the security of its own systems, devices, and networks, and for the proper training of its staff on data handling and protection.

9. SUSPENSION, TERMINATION, AND COMMITMENT

9.1 Suspension for Non-Payment

We may automatically suspend your access if:

• Your payment is delayed more than 7 days
• Your payment method is repeatedly rejected
• You do not upgrade your plan when exceeding client limits

Important: Suspension of your account will also block your end clients' access to the mobile application.

9.2 Suspension for Payment Processing Violations

For Clients on the Transactional Plan, we may also suspend your access or payment processing capabilities if:

• Your chargeback rate exceeds the thresholds required by applicable payment networks
• We have a reasonable suspicion of fraud or unauthorized transactions
• You breach the Exclusive Payment Processing Obligation (Section 4.1)

9.3 Termination for Violation

We may terminate your account immediately if:

• You violate these terms and conditions
• You use the service for illegal activities
• You provide false information
• You upload inappropriate or prohibited content
• You have abusive conduct towards our staff or other users
• You consistently exceed established usage limits
• You breach the Exclusive Payment Processing Obligation (Section 4.1) and fail to cure within fifteen (15) days of written notice
• Your chargeback rate exceeds applicable payment network thresholds and is not remediated within thirty (30) days

9.4 Minimum Commitment and Early Termination

For institutional Clients with a Service Agreement:

• The applicable Service Agreement defines the Initial Term and Renewal Terms of the engagement.
• Early termination by the Client before the end of the then-current term requires payment of: (a) all accrued and unpaid fees; (b) the remaining Minimum Annual Commitment shortfall for the then-current term; and (c) an early termination fee as specified in the Service Agreement.
• Specific terms regarding auto-renewal, non-renewal notice periods, and early termination fees are defined in the applicable Service Agreement.

9.5 Effect of Termination

Upon termination of your account or Service Agreement:

• All accrued and unpaid fees become immediately due and payable
• For Clients on the Transactional Plan: BestLevel will process and remit any pending payouts, less applicable reserves, chargebacks, and fees, within thirty (30) days
• You shall have thirty (30) days to export your data from the platform
• After the export period, BestLevel will delete your data in accordance with its Data Processing Agreement

9.6 Inactivity and Automatic Data Deletion

Automatic Deletion of Inactive Accounts:

Accounts with no login activity for 12 consecutive months are considered inactive. The following process applies:

1. 30-day notice: We will send a notification email to the account holder informing them that their account is scheduled for deletion.
2. Grace period: The account holder may prevent deletion simply by logging into the platform during the 30-day notice period.
3. Permanent deletion: If no login activity occurs during the grace period, the account and all associated data — including all End User (athlete) data tied to the account — will be permanently and irreversibly deleted.
4. No recovery: Once deleted, data cannot be recovered. We recommend exporting your data regularly if you anticipate extended periods of inactivity.

This policy applies equally to free and paid accounts. Paid accounts with an active subscription will not be considered inactive regardless of login activity.

10. SERVICE AVAILABILITY

10.1 Availability Commitment

We strive to maintain 99.5% service availability, excluding scheduled maintenance. Maintenance will be performed preferably during low-usage hours and notified in advance when possible.

10.2 Force Majeure Clause

We will not be responsible for service interruptions caused by circumstances beyond our reasonable control, including but not limited to: natural disasters, pandemics, wars, large-scale cyber attacks, internet infrastructure provider failures, or government regulations that prevent service operation.

11. CONTACT AND SUPPORT

For any inquiries about these terms or our services, contact us at:

• Email: contact@thebestlevel.com
• Website: www.thebestlevel.com
• Technical Support: Available through your account control panel

12. APPLICABLE LAW AND JURISDICTION

These terms are governed by the laws of the State of Wyoming, United States, where BESTLEVEL LLC is registered, without regard to its conflict of laws provisions.

12.1 Dispute Resolution

For disputes related to these terms:

• We will first attempt to resolve any dispute through direct negotiation within thirty (30) days
• If direct negotiation fails, any dispute arising out of or relating to these Terms shall be resolved by binding arbitration administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules, conducted in the State of Wyoming
• The arbitrator's decision shall be final and binding, and judgment thereon may be entered in any court of competent jurisdiction
• The substantially prevailing party shall be entitled to recover its reasonable attorneys' fees and costs of arbitration from the non-prevailing party
• For claims under $10,000 USD, the arbitration may be conducted by written submissions only, unless the arbitrator determines that a hearing is necessary

12.2 Class Action Waiver

TO THE FULLEST EXTENT PERMITTED BY LAW, YOU AGREE THAT ANY DISPUTE RESOLUTION PROCEEDINGS WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION. If for any reason a claim proceeds in court rather than in arbitration, you waive any right to a jury trial.

© 2026 BESTLEVEL LLC. All rights reserved.

These terms and conditions are effective as of the last update date indicated at the beginning of the document.