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Terms of Service

Effective Date: April 1, 2026

1. Scope of This Document

These Terms of Service ("Terms") constitute a legally binding agreement between you ("User," "you," or "your") and Optima Performance Science ("Company," "we," "us," or "our"). These Terms govern your access to and use of the Optima Performance Science platform, including all associated websites, applications, services, and content (collectively, the "Platform"). By creating an account, accessing any page, or using any service on the Platform, you acknowledge that you have read, understood, and agree to be bound by these Terms in their entirety.

2. Definitions

For the purposes of these Terms, the following definitions apply:

  • "Platform" refers to the Optima Performance Science website, web application, and all related services accessible at optimaperformancescience.com and its subdomains.
  • "Services" refers to the 200+ advanced analytics services offered through the Platform, spanning injury prevention, performance optimization, financial planning, career development, and technology research.
  • "Account" refers to the registered user profile created through email and password registration or third-party authentication.
  • "Service Bundles" refers to packaged groupings of Services available for purchase through the Platform.
  • "Output" refers to any analytical result, report, recommendation, or data generated by the Platform in response to user input.

3. Eligibility

To use the Platform, you must meet all of the following requirements:

  • You must be at least 16 years of age. Users between the ages of 16 and 18 must have verifiable parental or legal guardian consent prior to account creation.
  • You must possess the legal capacity to enter into a binding agreement under the laws of your jurisdiction of residence.
  • You must not have been previously suspended or removed from the Platform for violation of these Terms.

By using the Platform, you represent and warrant that you satisfy each of these eligibility requirements. The Company reserves the right to request verification of age or legal capacity at any time.

4. Account Registration and Security

Certain features of the Platform require account registration. When you create an account, you agree to the following:

  • You will provide accurate, current, and complete information during the registration process.
  • You will maintain and promptly update your account information to keep it accurate and current.
  • You are solely responsible for safeguarding your login credentials. The Company stores passwords using industry-standard cryptographic hashing and does not retain plaintext passwords.
  • You will immediately notify the Company of any unauthorized access to or use of your account.
  • You accept full responsibility for all activities that occur under your account, whether or not authorized by you.

The Company authenticates users through email and password credentials or through authorized third-party authentication providers. Session management is handled through secure, encrypted tokens with defined expiration periods. The Company reserves the right to suspend or terminate any account that exhibits suspicious activity.

5. Description of Services

The Platform provides advanced analytics services organized across five operational divisions: Injury Prevention and Safety, Performance Optimization, Financial and Career Management, Technology and Research, and Holistic Athlete Development. Services are executed through proprietary analytical workflows and produce structured Output based on user-provided inputs.

All Services are provided on an "as available" basis. The Company reserves the right to modify, suspend, or discontinue any Service, or any part thereof, at any time without prior notice. The Company shall not be liable to you or any third party for any modification, suspension, or discontinuation of Services.

6. Payments and Purchases

Certain Services and Service Bundles are available for purchase through the Platform. All payment transactions are processed by Stripe, Inc. ("Stripe"), a third-party payment processor. By initiating a purchase, you agree to the following:

  • All prices are displayed in United States Dollars (USD) unless otherwise indicated.
  • You authorize the Company to charge the payment method you provide through Stripe for the total amount of your purchase.
  • The Company does not store, process, or have access to your full payment card details. All payment data is handled exclusively by Stripe in accordance with Payment Card Industry Data Security Standards (PCI DSS).
  • Purchases of Service Bundles are final upon successful payment processing. Refund requests are evaluated on a case-by-case basis and are granted solely at the Company's discretion.
  • The Company reserves the right to modify pricing at any time. Price changes do not affect previously completed transactions.

Stripe's processing of your payment information is governed by Stripe's own terms of service and privacy policy, available at stripe.com/legal.

7. Prohibited Conduct

You agree not to engage in any of the following activities while using the Platform:

  • Using the Platform for any unlawful purpose or in violation of any applicable local, state, national, or international law or regulation.
  • Attempting to gain unauthorized access to any portion of the Platform, other user accounts, or any systems or networks connected to the Platform.
  • Reverse engineering, decompiling, disassembling, or otherwise attempting to derive the source code, algorithms, or analytical methodologies of the Platform.
  • Scraping, crawling, or using automated means to extract data from the Platform beyond what is expressly permitted by our robots.txt directives.
  • Submitting false, misleading, or fraudulent information to any Service or analytical workflow.
  • Interfering with or disrupting the integrity or performance of the Platform or its underlying infrastructure.
  • Reselling, sublicensing, or redistributing any Output or Service without the Company's prior written consent.
  • Using the Platform to transmit malware, viruses, or any other malicious code.
  • Impersonating any person or entity, or falsely representing your affiliation with any person or entity.

Violation of any prohibited conduct provision grants the Company the right to immediately suspend or permanently terminate your account without prior notice and without refund of any fees paid.

8. Intellectual Property

All content, software, analytical workflows, methodologies, trade names, trademarks, service marks, logos, and other intellectual property displayed on or made available through the Platform are the exclusive property of the Company or its licensors and are protected by applicable intellectual property laws. No right, title, or interest in any Platform intellectual property is transferred to you through these Terms or your use of the Platform.

You retain ownership of any data you submit to the Platform as input for Services. By submitting data, you grant the Company a limited, non-exclusive license to process that data solely for the purpose of delivering the requested Service Output. The Company does not claim ownership of your input data.

9. Disclaimer of Warranties

THE PLATFORM AND ALL SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY.

The Company expressly disclaims all warranties, including but not limited to implied warranties of merchantability, fitness for a particular purpose, non-infringement, and any warranties arising from course of dealing or usage of trade.

Without limiting the foregoing, the Company does not warrant that:

  • The Platform will be uninterrupted, timely, secure, or error-free.
  • The results obtained from use of any Service will be accurate, reliable, or complete.
  • Any Output will produce specific athletic performance outcomes, injury prevention results, or financial returns.
  • Any defects in the Platform will be corrected.

You acknowledge that analytical outputs are generated through computational processes and are intended as informational tools only. No Output constitutes professional medical advice, certified financial guidance, legal counsel, or a substitute for consultation with qualified professionals in the relevant field.

10. Financial Services Disclaimer

The Platform offers analytical services related to financial planning, wealth management, tax optimization, and career economics for athletes. These Services are strictly informational and analytical in nature. The Company is not a registered investment adviser, broker-dealer, financial planner, tax preparer, or licensed financial professional under any jurisdiction.

No Output from any financial or career-related Service constitutes investment advice, tax advice, or a recommendation to buy, sell, or hold any financial instrument. Users must consult with licensed financial professionals, certified public accountants, or qualified legal counsel before making any financial decisions based on Platform Output.

The Company bears no responsibility for financial losses, tax liabilities, or adverse outcomes resulting from decisions made in reliance on Platform Output.

11. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW:

The Company, its officers, directors, employees, agents, and affiliates shall not be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, including but not limited to damages for loss of profits, goodwill, data, or other intangible losses, arising out of or in connection with your use of or inability to use the Platform, regardless of the theory of liability (contract, tort, strict liability, or otherwise) and even if the Company has been advised of the possibility of such damages.

In no event shall the Company's total aggregate liability to you for all claims arising out of or relating to these Terms or your use of the Platform exceed the greater of (a) the total amount you have paid to the Company in the twelve (12) months immediately preceding the event giving rise to the claim, or (b) one hundred United States Dollars ($100.00 USD).

12. Indemnification

You agree to indemnify, defend, and hold harmless the Company and its officers, directors, employees, agents, and affiliates from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or in connection with: (a) your use of the Platform; (b) your violation of these Terms; (c) your violation of any applicable law or regulation; or (d) your violation of any rights of a third party. This indemnification obligation survives the termination of these Terms and your use of the Platform.

13. Third-Party Services and Links

The Platform integrates with and contains links to third-party services, including but not limited to payment processing (Stripe), external analytical APIs, and authentication providers. These third-party services are governed by their own terms of service and privacy policies, which are independent of these Terms.

The Company does not control, endorse, or assume responsibility for the content, privacy practices, or availability of any third-party service. Your interactions with third-party services are solely between you and the applicable third party. The Company shall not be liable for any damage or loss caused by or in connection with your use of or reliance on any third-party service.

14. Termination

The Company reserves the right to suspend or terminate your access to the Platform at any time, with or without cause, and with or without notice. Grounds for termination include, but are not limited to, violation of these Terms, suspected fraudulent activity, extended periods of inactivity, or requests from law enforcement or government agencies.

You may terminate your account at any time by contacting the Company through the Contact page. Upon termination, your right to access the Platform ceases immediately.

Sections of these Terms that by their nature should survive termination shall survive, including but not limited to intellectual property provisions, disclaimers, limitations of liability, indemnification, and governing law.

15. Modifications to These Terms

The Company reserves the right to modify these Terms at any time. When material changes are made, the Company will update the "Effective Date" at the top of this document. Your continued use of the Platform following the posting of revised Terms constitutes your acceptance of and agreement to the modified Terms. If you do not agree to the revised Terms, you must discontinue use of the Platform immediately.

16. Governing Law and Dispute Resolution

These Terms shall be governed by and construed in accordance with the laws of the State of Delaware, United States of America, without regard to its conflict of law provisions.

Any dispute, controversy, or claim arising out of or relating to these Terms, or the breach, termination, or invalidity thereof, shall first be submitted to good-faith negotiation between the parties for a period of thirty (30) days. If the dispute is not resolved through negotiation, it shall be resolved through binding arbitration administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules.

You agree that any arbitration or legal proceeding shall be conducted on an individual basis and not as a class action, consolidated action, or representative action. You waive any right to participate in a class action lawsuit or class-wide arbitration against the Company.

17. Severability

If any provision of these Terms is held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, such provision shall be modified to the minimum extent necessary to make it valid and enforceable, or if modification is not possible, shall be severed from these Terms. The invalidity or unenforceability of any provision shall not affect the validity or enforceability of the remaining provisions, which shall continue in full force and effect.

18. Entire Agreement

These Terms, together with the Privacy Policy, Cookie Policy, Acceptable Use Policy, and Disclaimer, constitute the entire agreement between you and the Company regarding your use of the Platform and supersede all prior and contemporaneous agreements, proposals, and communications, whether oral or written, between you and the Company regarding the subject matter hereof.

19. Contact Information

For questions, concerns, or notices regarding these Terms of Service, please submit an inquiry through our Contact page. The Company will make reasonable efforts to respond to all inquiries within ten (10) business days.