Terms of Service

These Terms of Service (“Terms”) govern your access to and use of the FluenceXR platform (“Service”), operated by FluenceXR, LLC (“Company,” “we,” “us,” or “our”). By creating an account or using the Service, you agree to be bound by these Terms. If you do not agree, do not use the Service.

1. Description of Service

FluenceXRis an asynchronous video analysis platform that allows athletes and competitors (“Users”) to upload competition video clips and receive expert feedback from credentialed reviewers (“Pros”). Pros review submissions through a studio workspace and deliver breakdowns that may include on-video annotations and recorded webcam commentary. Users then access and watch their delivered breakdowns through the platform.

2. Eligibility

You must be at least 18 years of age to create an account and use the Service independently. If you are between 13 and 17 years old, you may only use the Service with the documented consent and active supervision of a parent or legal guardian, who agrees to these Terms on your behalf. We do not knowingly permit children under 13 to use the Service. If we learn that a user is under 13, we will terminate that account and delete associated data.

By using the Service, you represent that you meet the eligibility requirements above and that all information you provide is accurate and complete.

3. Accounts

You are responsible for maintaining the confidentiality of your account credentials and for all activity that occurs under your account. Notify us immediately at support@fluencexr.com if you suspect unauthorized access. We reserve the right to suspend or terminate accounts that violate these Terms.

You may not share your account with others or create multiple accounts for the same individual. Accounts are non-transferable.

4. User Content

4.1 Your Ownership

You retain ownership of the video content and other materials you upload to the Service (“User Content”). By uploading User Content, you grant FluenceXR a non-exclusive, worldwide, royalty-free license to store, process, display, and transmit your User Content solely to provide the Service — including making it accessible to the Pro assigned to your submission and delivering the completed breakdown to you.

4.2 Your Representations

You represent and warrant that: (a) you own or have the necessary rights to upload your User Content; (b) your User Content does not infringe the intellectual property, privacy, or other rights of any third party; (c) you have obtained any necessary consents from individuals appearing in your videos; and (d) your User Content does not violate any applicable law.

4.3 Content Standards

You may not upload content that is unlawful, defamatory, obscene, harassing, threatening, or otherwise objectionable. We reserve the right to remove any User Content that violates these Terms without notice.

5. Pro Accounts and Deliverables

Pros are independent contractors, not employees or agents of FluenceXR. We do not guarantee the quality, accuracy, or fitness for a particular purpose of any breakdown delivered by a Pro. FluenceXR facilitates the relationship between Users and Pros but is not responsible for the substance of Pro feedback.

Pros retain ownership of their recorded commentary and annotations but grant the User a perpetual, personal, non-transferable license to view the delivered breakdown through the Service. Breakdowns may not be downloaded, redistributed, or used for commercial purposes without the Pro’s express written consent.

6. Payments and Refunds

6.1 Pricing

Fees for breakdown submissions are displayed at the time of checkout. All prices are in U.S. dollars and are inclusive of any applicable platform fees. We reserve the right to change pricing at any time; changes will not affect submissions already paid for.

6.2 Payment Processing

Payments are processed by Stripe, Inc. By submitting payment, you agree to Stripe’s Terms of Service. FluenceXR does not store your full payment card information.

6.3 Dispute Window

After a breakdown is delivered, you have a limited window to raise a dispute if the breakdown materially fails to address the submitted footage. The dispute window and applicable process are described in your account dashboard. We review disputes on a case-by-case basis and may issue a full or partial refund at our discretion.

6.4 Refunds

Submissions that have not yet been accepted by a Pro may be cancelled for a full refund. Once a Pro has begun work on a submission, refunds are subject to our dispute process above. We do not issue refunds for completed and undisputed breakdowns.

6.5 Chargebacks

Initiating a chargeback or payment reversal through your card issuer without first contacting us constitutes a material breach of these Terms. We reserve the right to suspend or permanently terminate your account in such cases and to pursue any amounts owed through available legal means.

7. Prohibited Conduct

You agree not to:

• Use the Service for any unlawful purpose or in violation of any regulations
• Upload content that infringes the rights of others
• Attempt to gain unauthorized access to any part of the Service or its systems
• Reverse engineer, decompile, or disassemble any portion of the Service
• Use automated means (bots, scrapers) to access the Service without our written permission
• Interfere with the proper working of the Service or impose an unreasonable load on our infrastructure
• Harass, threaten, or abuse Pros, other Users, or our staff
• Misrepresent your identity or affiliation
• Resell or commercially exploit any portion of the Service without our written consent

8. Intellectual Property

The FluenceXR platform, including its software, design, trademarks, and all content created by us, is owned by FluenceXR, LLC and protected by applicable intellectual property laws. These Terms do not grant you any rights in our intellectual property. You may not use our name, logo, or branding without our prior written consent.

9. Privacy

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

10. Disclaimers

THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE OF HARMFUL COMPONENTS.

FEEDBACK PROVIDED BY PROS IS FOR INFORMATIONAL AND EDUCATIONAL PURPOSES ONLY AND DOES NOT CONSTITUTE PROFESSIONAL COACHING, MEDICAL, OR ATHLETIC TRAINING ADVICE. YOU ASSUME ALL RISK ASSOCIATED WITH YOUR USE OF SUCH FEEDBACK.

11. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, FLUENCEXR, LLC AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AND CONTRACTORS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING OUT OF OR RELATED TO YOUR USE OF THE SERVICE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

OUR TOTAL LIABILITY TO YOU FOR ANY CLAIM ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE SHALL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID TO US IN THE 12 MONTHS PRECEDING THE CLAIM OR (B) ONE HUNDRED U.S. DOLLARS ($100).

12. Indemnification

You agree to indemnify, defend, and hold harmless FluenceXR, LLC and its affiliates, officers, directors, employees, and contractors from and against any claims, liabilities, damages, losses, and expenses (including reasonable attorneys’ fees) arising out of or in any way connected with: (a) your access to or use of the Service; (b) your User Content; (c) your violation of these Terms; or (d) your violation of any third-party rights.

13. Dispute Resolution and Arbitration

Please read this section carefully. Any dispute, claim, or controversy arising out of or relating to these Terms or the Service will be resolved by binding individual arbitration rather than in court, except for disputes that qualify for small claims court. You waive the right to participate in a class action lawsuit or class-wide arbitration.

Arbitration will be conducted by the American Arbitration Association under its Consumer Arbitration Rules. The arbitration will take place in the state where you reside, or by telephone or video conference. The arbitrator’s decision will be final and binding and may be entered as a judgment in any court of competent jurisdiction.

Either party may seek emergency injunctive or other equitable relief in a court of competent jurisdiction to prevent irreparable harm pending arbitration.

14. Governing Law

These Terms are governed by the laws of the State of [YOUR STATE], without regard to its conflict-of-law principles. To the extent any dispute is not subject to arbitration, you and FluenceXR consent to the exclusive jurisdiction of the state and federal courts located in [YOUR COUNTY], [YOUR STATE].

15. Termination

We may suspend or terminate your access to the Service at any time, with or without cause, and with or without notice. Upon termination, your right to use the Service immediately ceases. Provisions that by their nature should survive termination (including Sections 4, 8, 10, 11, 12, and 13) will survive.

You may close your account at any time by contacting us. Closing your account does not entitle you to a refund of any amounts paid.

16. Changes to These Terms

We may update these Terms from time to time. When we do, we will revise the effective date above and, for material changes, notify you via email or a prominent notice on the Service. Your continued use of the Service after the updated Terms take effect constitutes acceptance of the revised Terms. If you do not agree to the updated Terms, you must stop using the Service.

17. General

These Terms, together with our Privacy Policy, constitute the entire agreement between you and FluenceXR regarding the Service and supersede any prior agreements. If any provision is found unenforceable, the remaining provisions will remain in full force. Our failure to enforce any provision is not a waiver of our right to do so in the future. You may not assign your rights or obligations under these Terms without our written consent; we may assign ours freely.

18. Contact

Questions about these Terms? Contact us at: support@fluencexr.com