1. Definitions

“Agreement” means these Terms and Conditions together with any applicable subscription order, invoice, Quote, Order Form, or purchase confirmation.

“Customer” or “you” means the individual or entity subscribing to or using the Services.

“Customer Data” means any data, including video recordings, images, and files, submitted by or on behalf of Customer to the Services.

“ProPlayAI” or “we” or “us” means SimpleTherapy, Inc., a Delaware corporation, operating the ProPlayAI platform.

“Services” means the ProPlayAI sports performance analysis platform, including PitchAI and any related applications, websites, APIs (where expressly included), video-based assessment tools, and analytics services.

“Subscription Term” means the period during which you are authorized to access and use the Services.

2. Acceptance of Terms

By accessing or using ProPlayAI, creating an account, or clicking “I Accept” or similar button, you agree to be bound by this Agreement. If you are entering into this Agreement on behalf of an organization (such as a team, academy, or company), you represent that you have authority to bind that organization to these terms.

If you do not agree to these terms, do not use the Services.

3. License Grant

Subject to payment of applicable fees and compliance with this Agreement, we grant you a limited, non-exclusive, non-transferable, non-sublicensable right to access and use the Services during your Subscription Term for your internal purposes, including analyzing athletic performance, training, and player development.

4. API Access

API access is available only where expressly included in your subscription plan or Order Form. Where API access is granted, you shall:

• use the API solely for integration with your internal systems or, where expressly permitted, your authorized applications;
• comply with any rate limits, technical documentation, and usage policies provided by ProPlayAI;
• implement reasonable security measures to protect API credentials; and
• not resell, redistribute, or sublicense API access to third parties without ProPlayAI’s prior written consent.

ProPlayAI reserves the right to modify API specifications with reasonable notice. Excessive API usage beyond documented limits may result in throttling or suspension until usage is brought within limits or additional capacity is purchased.

5. Eligibility and Accounts

5.1 Age Requirements

You must be at least 18 years old to create an account and purchase a subscription. Athletes under 18 may use the Services only with involvement and permission of a parent, legal guardian, or authorized coach/trainer who maintains the account.

5.2 Account Responsibility

You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You must provide accurate information during registration and keep it updated. Notify us immediately at support@proplayai.com if you suspect unauthorized access to your account.

6. Acceptable Use

6.1 Permitted Uses

You may use the Services for:

• Analyzing pitching mechanics and athletic movements
• Player development, training, and performance improvement
• Injury risk assessment and prevention insights
• Comparing performance metrics over time
• Generating reports for athletes, coaches, and trainers
• Integration with training and player management systems via API (where permitted)

6.2 Prohibited Conduct

You shall not:

• Copy, modify, reverse engineer, decompile, or disassemble the Services or underlying technology
• Sublicense, resell, or make the Services available to third parties except as expressly permitted
• Use the Services to develop or train competing products or services
• Attempt to gain unauthorized access to our systems or other users’ accounts
• Upload content that infringes intellectual property rights or contains malicious code
• Upload videos of individuals without their consent (or guardian consent for minors)
• Use the Services for any unlawful purpose
• Exceed API rate limits or circumvent usage restrictions
• Remove or obscure any proprietary notices or branding

7. Video Content and Consent

7.1 Video Upload Requirements

When you upload videos to ProPlayAI, you represent and warrant that: (a) you have the right to upload the content; (b) you have obtained consent from all individuals depicted in the video (or their parent/guardian if under 18); and (c) the content complies with all applicable laws.

7.2 Minor Athletes

For athletes under 18, verifiable parental or guardian consent must be obtained before uploading video content. Coaches, trainers, and academies are responsible for ensuring proper consent is documented. We do not knowingly collect personal information from children under 13 without verified parental consent.

7.3 Technical Requirements

For optimal analysis, videos should be recorded with adequate lighting, stable camera positioning, and clear visibility of the athlete’s movements. Poor quality videos may result in incomplete or inaccurate analysis. Refer to our documentation for recording guidelines.

8. Branding and Attribution

You acknowledge that outputs of the Services, including reports, videos, and visualizations, may include watermarks or branding indicating “Powered by ProPlayAI” or “Powered by 3MotionAI,” which you shall not remove, alter, or obscure.

9. Fees and Payment

9.1 Subscription Fees

Fees are as displayed on our website or in your subscription order. All fees are in US dollars unless otherwise stated. Fees are due upon subscription purchase and are non-refundable except as expressly stated in our Cancellation and Refund Policy.

9.2 Payment Processing

Payment is processed through secure third-party payment processors. By providing payment information, you authorize us to charge your payment method for all fees due. You are responsible for keeping payment information current.

9.3 Taxes

Fees are exclusive of taxes. You are responsible for all applicable taxes, and we may collect taxes where required by law.

9.4 API and Usage Overages

If your subscription includes usage limits (such as API calls or video assessments) and you exceed those limits, we may invoice you for overages at our then-current rates, or suspend access until usage is brought within limits or additional capacity is purchased.

10. Subscription Term and Renewal

10.1 Term

Your Subscription Term begins on the date your subscription is activated and continues for the period you selected (monthly or annual).

10.2 Auto-Renewal

Subscriptions automatically renew for successive periods of equal length unless you cancel at least 7 days before the end of your current term. You can cancel auto-renewal through your account settings or by contacting support@proplayai.com.

10.3 Renewal Pricing

Promotional or discounted pricing applies only to the initial Subscription Term. Upon renewal, subscriptions renew at the then-current standard price unless otherwise agreed in writing.

11. Cancellation and Refunds

11.1 Cancellation

You may cancel your subscription at any time through your account settings. Upon cancellation, you will retain access until the end of your current paid period, after which your access will terminate.

11.2 Refunds

Fees are generally non-refundable. Please review our Cancellation and Refund Policy at proplayai.com/cancellation-refund-policy for details on any applicable refund rights.

11.3 Data After Cancellation

After cancellation, your account data is retained for 90 days in case you wish to reactivate. You may request deletion of your data at any time by contacting support@proplayai.com. After 90 days, data may be deleted in accordance with our data retention policies.

12. Termination

12.1 Termination for Breach

We may suspend or terminate your access if you violate this Agreement, including the Acceptable Use provisions. For material breaches, we will provide notice and a reasonable opportunity to cure (typically 15 days) unless the breach poses immediate harm to us, other users, or third parties.

12.2 Effect of Termination

Upon termination: (a) your right to access the Services ceases immediately; (b) you remain liable for any outstanding fees; and (c) provisions that by their nature should survive (such as limitation of liability and indemnification) will continue in effect.

13. Customer Data and Privacy

13.1 Ownership

You retain all rights to your Customer Data. We do not claim ownership of the videos, images, or other content you upload.

13.2 License to ProPlayAI

You grant us a worldwide, royalty-free license to use Customer Data solely to: (a) provide and operate the Services; (b) improve and develop the Services, including training AI models using anonymized or aggregated data that does not identify any individual; and (c) generate analytics and insights.

13.3 Privacy

Our collection and use of personal information is governed by our Privacy Policy at proplayai.com/privacy-policy. By using the Services, you consent to our data practices as described in the Privacy Policy.

14. Intellectual Property

ProPlayAI retains all right, title, and interest in the Services, including all software, AI models, algorithms, methodologies, reports, analytics, and derivative works. The ProPlayAI name, logo, PitchAI, and related marks are trademarks of SimpleTherapy, Inc. You receive only the limited license rights expressly granted in this Agreement.

Any feedback, suggestions, or ideas you provide regarding the Services may be used by us without restriction or compensation.

15. Disclaimers

15.1 NOT MEDICAL OR PROFESSIONAL ADVICE. THE SERVICES PROVIDE ANALYTICAL INFORMATION ONLY. PROPLAYAI DOES NOT PROVIDE MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT. THE SERVICES ARE NOT A SUBSTITUTE FOR PROFESSIONAL MEDICAL, ATHLETIC TRAINING, OR COACHING ADVICE. ALWAYS CONSULT QUALIFIED PROFESSIONALS BEFORE MAKING DECISIONS ABOUT TRAINING, INJURY PREVENTION, OR ATHLETIC PERFORMANCE. YOU ARE SOLELY RESPONSIBLE FOR ALL DECISIONS MADE BASED ON INFORMATION PROVIDED BY THE SERVICES.

15.2 AS IS. THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTY OF ANY KIND. WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, AND NON-INFRINGEMENT.

15.3 NO GUARANTEE. WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE OF VIRUSES, OR THAT ANY DEFECTS WILL BE CORRECTED. ANALYSIS ACCURACY MAY VARY BASED ON VIDEO QUALITY AND OTHER FACTORS.

16. Limitation of Liability

16.1 TO THE MAXIMUM EXTENT PERMITTED BY LAW, PROPLAYAI SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOSS OF PROFITS, REVENUE, DATA, GOODWILL, OR BUSINESS INTERRUPTION, ARISING FROM OR RELATED TO THIS AGREEMENT OR THE SERVICES.

16.2 OUR TOTAL AGGREGATE LIABILITY ARISING FROM OR RELATED TO THIS AGREEMENT SHALL NOT EXCEED THE TOTAL FEES ACTUALLY PAID BY YOU IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM.

16.3 SOME JURISDICTIONS DO NOT ALLOW LIMITATION OF LIABILITY FOR CERTAIN DAMAGES. IN SUCH JURISDICTIONS, OUR LIABILITY IS LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.

17. Indemnification

You agree to indemnify, defend, and hold harmless ProPlayAI and its officers, directors, employees, and agents from any claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising from: (a) your use of the Services in violation of this Agreement; (b) your violation of applicable laws; (c) Customer Data or your collection of data from individuals; or (d) any claim that your use of the Services infringes the rights of a third party.

18. Changes to Terms

We may modify these Terms from time to time. Material changes will be communicated via email or through the Services with at least 30 days’ notice before taking effect. Your continued use of the Services after the notice period constitutes acceptance. If you do not agree to the modified Terms, you may terminate your subscription before the changes take effect.

19. Governing Law and Disputes

This Agreement shall be governed by the laws of the State of Delaware, United States, without regard to conflict of laws principles. Any legal action arising from this Agreement shall be brought exclusively in the state or federal courts located in Delaware, and you consent to personal jurisdiction in such courts. The United Nations Convention on Contracts for the International Sale of Goods does not apply.

20. General Provisions

Entire Agreement. This Agreement constitutes the entire agreement between you and ProPlayAI regarding the Services and supersedes all prior agreements.

Severability. If any provision is held invalid, the remaining provisions continue in effect.

Waiver. Failure to enforce any right does not constitute a waiver.

Assignment. You may not assign this Agreement without our consent. We may assign this Agreement in connection with a merger, acquisition, or sale of assets.

Independent Contractors. The parties are independent contractors, not partners, joint venturers, or employer-employee.

21. Contact Us

For questions about these Terms and Conditions:
ProPlayAI
Operated by SimpleTherapy, Inc.
Email: support@proplayai.com
Legal inquiries: legal@simpletherapy.com
Website: proplayai.com