NILAthleteNetwork

Terms of Use for Gameplan NIL

Last Updated: May 10, 2025

These Terms of Use ("Terms") govern your access to and use of the website, mobile application, and other online services (collectively, the "Services") provided by Gameplan NIL ("we," "us," or "our"). By accessing or using our Services, you ("you" or "user") agree to be bound by these Terms. If you do not agree to these Terms, you may not access or use our Services.   

1. Acceptance of Terms   

These Terms constitute a legally binding agreement between you and Gameplan NIL. By accessing or using our Services, you represent and warrant that you have the right, authority, and capacity to enter into this agreement and to abide by all of the terms and conditions set forth herein.   

2. Description of Services

Gameplan NIL provides a platform designed to assist student-athletes and related parties in understanding, managing, and potentially leveraging Name, Image, and Likeness (NIL) opportunities. The Services may include features such as profile creation, NIL deal management tools, compliance resources, educational content, and connections with potential brand partners. The specific features and functionalities of the Services may change over time.

3. User Accounts

• Eligibility: You must be at least 13 years of age to use our Services. By creating an account, you represent and warrant that you meet this age requirement. If you are accessing the Services on behalf of a student-athlete under the age of 18, you represent and warrant that you are a parent or legal guardian and have the authority to agree to these Terms on their behalf.
• Account Creation: To access certain features of the Services, you may be required to create an account. You agree to provide accurate, current, and complete information during the registration process and to keep your account information updated.   
  
  
  
  
• Account Security: You are responsible for maintaining the confidentiality of your account credentials (username and password) and for all activities that occur under your account. You agree to notify us immediately of any unauthorized access to or use of your account. We are not liable for any loss or damage arising from your failure to protect your account information.   
  
  
  
  
  
  
  
  
• Account Suspension/Termination: We reserve the right to suspend or terminate your account at any time, with or without cause and without notice, including if we believe you have violated these Terms or engaged in conduct that we deem inappropriate or harmful to our Services or other users.

4. User Conduct

By using our Services, you agree not to:

• Violate any applicable laws, regulations, or third-party rights.
• Engage in any fraudulent,misleading, or unlawful activities.   
  
  
• Impersonate any person or entity or misrepresent your affiliation with any person or entity.
• Upload, post, transmit, or otherwise make available any content that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically, or otherwise objectionable.   
  
  
  
  
• Infringeupon the intellectual property rights of others.   
  
  
• Transmit any viruses, worms, malware, or other harmful code.
• Attempt to gain unauthorized access to our Services, user accounts, or computer systems.
• Interfere with or disrupt the operation of ourServices.   
  
  
• Use our Services for any commercial purposes without our express written consent (unless specifically permitted for NIL activities as intended by the Services).
• Collect or harvest any personally identifiable information from other users without their consent.
• Engage in any activity that could damage, disable, overburden, or impairour Services.   
  
  
  
  

5. Intellectual Property

• Our Content: The Services and their original content (including but not limited to text, graphics, images, logos, software, and trademarks) are owned by or licensed to Gameplan NIL and are protected by copyright, trademark, and other intellectual property laws. You are granted a limited, non-exclusive, non-transferable, revocable license to access and use our Services for your personal, non-commercialuse (except as specifically related to managing your NIL activities through the platform) in accordance with these Terms.   
  
  
  
  
• User Content: You retain ownership of any content you upload, post, or otherwise make available through our Services ("User Content"). By submitting User Content, you grant Gameplan NIL a non-exclusive, worldwide, royalty-free, sublicensable, transferable license to use, reproduce, distribute, modify, adapt, publicly display, and publicly perform your User Content in connection with the operation and promotion of our Services. You represent and warrant that you have all necessary rightsto grant us this license.   
  
  
  
  

6. Third-Party Links and Services

Our Services may contain links to third-party websites, applications, or services that are not owned or controlled by us. We are not responsible for the content, privacy policies, or practices of any third-party websites or services. You acknowledge and agree that your use of third-party services is at your own risk.   

7. Disclaimer of Warranties

OUR SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. WE DO NOT WARRANT THAT OUR SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE MAKE NO WARRANTIES REGARDING THE ACCURACY, COMPLETENESS, OR RELIABILITY OF ANY CONTENT AVAILABLE THROUGH OUR SERVICES.   

8. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL GAMEPLAN NIL, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES) ARISING OUT OF OR RELATING TO YOUR ACCESS TO OR USE OF (OR INABILITY TO ACCESS OR USE) OUR SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, OR ANY OTHER LEGAL THEORY, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR OUR SERVICES SHALL NOT EXCEED THE AMOUNT YOU PAID TO US, IF ANY, IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE LIABILITY, OR ONE HUNDRED U.S. DOLLARS ($100.00), WHICHEVER IS GREATER.   

9. Indemnification

You agree to indemnify, defend, and hold harmless Gameplan NIL, its affiliates, officers, directors, employees, agents, suppliers, and licensors from and against any and all claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your (a) access to or use of our Services, (b) violation of these Terms, (c) User Content you submit, or (d) violation of any third-party rights.   

10. Governing Law and Dispute Resolution

These Terms shall be governed by and construed in accordance with the laws of the State of [Insert Your State/Jurisdiction], without regard to its conflict of law principles. Any dispute arising out of or relating to these Terms or our Services shall be exclusively resolved in the state or federal courts located in [Insert Your City/County, State/Jurisdiction], and you hereby consent to the jurisdiction of such courts.   

11. Modifications to These Terms

We reserve the right to modify these Terms at any time. We will post any changes on this page and update the "Last Updated" date. Your continued use of our Services after any such changes constitutes your acceptance of the revised Terms. It is your responsibility to review these Terms periodically for updates.   

12. Entire Agreement

These Terms constitute the entire agreement between you and Gameplan NIL regarding your use of our Services and supersede all prior or contemporaneous communications and proposals, whether oral or written.   

13. Severability

If any provision of these Terms is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall remain in full force and effect.   

14. Waiver

Our failure to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.   

15. Contact Us

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

Gameplan NIL, 8735 Dunwoody Place, #7261

Atlanta, GA  30350  [email protected]  470-824-8834

By using Gameplan NIL, you acknowledge that you have read, understood, and agree to be bound by these Terms of Use.

Remember to:

• Replace the bracketed information with your specific details and legal jurisdiction.
• Consult with legal counsel to ensure compliance with all relevant laws and regulations.
• Tailor the language to accurately reflect your specific services and functionalities.
• Make these Terms easily accessible on your website and within your mobile application.