Competitive Edge Core™ — Website Terms & Conditions

Welcome to Competitive Edge Core™, a service operated by JMT Choreography (“we,” “us,” or “our”). These Terms & Conditions (the “Terms”) govern your access to and use of our website located at competitiveedgecore.com and the related portal application at app.competitiveedgecore.com (collectively, the “Website”), as well as any related products, services, content, or features we make available (collectively, the “Services”).

Please read these Terms carefully. By accessing or using the Website or Services, you agree to be bound by these Terms. If you do not agree to these Terms, please do not use the Website or Services.

1. Definitions

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

• “Client” means a gym, cheer program, or other organization that has entered into a subscription or service agreement with us.
• “Authorized User” means an individual (such as a gym owner, coach, or program director) who has been granted access to the Portal by us or by a Client.
• “Athlete” means a participant in a competitive cheer program whose information may be entered into the Portal by an Authorized User.
• “Parent/Guardian” means the legal parent or legal guardian of an Athlete who is a minor.
• “Portal” means the secured, login-based application provided at app.competitiveedgecore.com.
• “Subscription Tier” means the level of service selected by the Client, as further described in the System Use Agreement.
• “System Use Agreement” means the separate Intellectual Property & System Use Agreement entered into between us and each Client, which governs the licensed use of the Portal.

2. Eligibility & Authorized Users

You must be at least 18 years of age to create an account or enter into any agreement with us. By using the Website or Services, you represent and warrant that you meet this age requirement and that you have the legal authority to enter into these Terms on behalf of yourself and, where applicable, the Client you represent.

Access to the Portal is provided by invitation only. Only individuals expressly designated as Authorized Users by us or by an authorized representative of a Client may log in to or use the Portal. Authorized Users may not share their credentials, login links, or access tokens with any other person.

3. Description of Services

Competitive Edge Core™ is a competitive-cheer program management platform that provides tools for gym owners, coaches, and program directors to track athletes, manage teams and classes, log skill progress, submit lesson plans, record incidents and injuries, generate scorecards, and review program performance.

The specific features available to a given Client depend on the Subscription Tier purchased. Subscription Tiers are described in detail in the System Use Agreement and may be modified by us from time to time upon reasonable notice.

The Services are provided on an “as-is” basis. We do not warrant that the Services will achieve any specific business or competition result for the Client.

4. Account Registration & Security

Authorized Users must register an account using the magic-link or other authentication method provided through the Portal. You agree to:

• Provide accurate, current, and complete information during the registration process.
• Maintain the confidentiality of your authentication credentials and access tokens.
• Immediately notify us of any unauthorized use of your account or any other breach of security.
• Be responsible for all activities that occur under your account.

We reserve the right to suspend or terminate accounts that we reasonably believe are being used in violation of these Terms, the System Use Agreement, or applicable law.

5. Subscription, Fees & Cancellation

Use of the Portal beyond any free or trial access requires an active paid subscription as described in the System Use Agreement. Subscription terms, fees, billing cycles, payment methods, late-payment penalties, refund policy, and auto-renewal provisions are set forth in the System Use Agreement and are incorporated by reference into these Terms.

Cancellation of an active subscription requires written notice of at least thirty (30) days. Cancellation requests submitted with less than 30 days’ notice will result in continued billing through the end of the next 30-day cycle. Upon cancellation, all rights to access and use the Portal will be revoked at the end of the notice period, subject to the data export window described in Section 9 below.

6. Intellectual Property

All content, software, structure, design, code, methodologies, templates, dashboards, workflows, and other materials made available through the Website and Portal (collectively, the “System”) are the exclusive property of JMT Choreography. The System is protected by intellectual property laws and may not be copied, modified, distributed, sold, or licensed without our prior written permission.

Authorized Users are granted a limited, non-exclusive, non-transferable, revocable license to use the System solely for internal business operations within the Client’s own gym or program, in accordance with the System Use Agreement.

You may not, and may not permit any third party to:

• Copy, duplicate, or recreate the System, in whole or in part.
• Share access with non-authorized users outside the Client organization.
• Sell, sublicense, distribute, or transfer the System to any third party.
• Reverse engineer, deconstruct, or replicate the structure, workflows, or logic of the System.
• Use the System to build or train a competing product or service.
• Export or reuse templates, frameworks, or workflows for external use.

7. User-Submitted Data & Athlete Information

Clients and Authorized Users are responsible for the accuracy, lawfulness, and appropriateness of all information they enter into the Portal, including but not limited to athlete names, parent/guardian contact details, attendance records, skill progress, incident reports, and competition scores (collectively, “Client Data”).

Where Client Data includes information about Athletes who are minors, the Client represents and warrants that:

• It has obtained any consents, releases, and authorizations required by applicable law (including but not limited to the Children’s Online Privacy Protection Act (COPPA) and any analogous state or international laws) before submitting such information to the Portal.
• Where applicable, a Parent/Guardian release has been obtained for the use of any photographs, video footage, or biometric or medical information about the Athlete.
• It will limit access to Athlete information within its own organization to personnel with a legitimate need to view such information.

We do not, and are not required to, monitor Client Data. However, we reserve the right to remove or restrict access to any Client Data that we reasonably believe violates these Terms or applicable law.

8. Privacy

Our collection and use of personal information through the Website and Portal is described in our separate Privacy Policy, which is incorporated by reference into these Terms. Please review the Privacy Policy carefully before using the Services.

Without limiting the Privacy Policy, you acknowledge that the Portal stores information across a multi-tenant infrastructure in which each Client’s data is logically separated. We employ commercially reasonable safeguards to prevent unauthorized cross-Client access. No system is perfectly secure, however, and we cannot guarantee absolute protection from unauthorized access, disclosure, or loss.

9. Data Ownership, Export & Retention

Client Data remains the property of the Client. Upon written request submitted within fourteen (14) days of the effective date of cancellation, we will provide the Client with an export of its own gym-specific Client Data in a commercially reasonable format.

After the export window has closed, we may delete or anonymize the Client’s Client Data in accordance with our standard retention practices. We may retain anonymized or aggregated data indefinitely for analytical, product-improvement, and legal-compliance purposes.

10. Acceptable Use

You agree not to use the Website or Services to:

• Violate any applicable law, regulation, or third-party right.
• Upload, submit, or transmit any content that is unlawful, defamatory, harassing, threatening, obscene, or otherwise objectionable.
• Impersonate any person or entity, or misrepresent your affiliation with any person or entity.
• Interfere with, disrupt, or attempt to gain unauthorized access to the Website, the Portal, or any related systems or networks.
• Introduce any virus, worm, trojan horse, or other malicious code.
• Use any automated means (including scraping, robots, or data-mining tools) to access the Website or Services without our prior written consent.
• Aggregate, sell, or otherwise commercialize information about Athletes or other Authorized Users.

11. Photographs, Video & Likeness

If the Portal or related Services involve the upload, display, or use of photographs or video footage of Athletes, the Client is solely responsible for obtaining all required releases from Parents/Guardians (and, where applicable, from Athletes who have reached the age of majority) before such media is submitted.

A separate Photo & Video Release form is required from each Parent/Guardian and must be retained by the Client. We may, but are not required to, request copies of such releases at any time.

12. Disclaimers

THE WEBSITE AND SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

We do not warrant that the Website or Services will be uninterrupted, error-free, secure, or free of harmful components. We do not warrant that any specific competitive, athletic, or business outcome will result from use of the Services.

The Website and Portal rely on third-party infrastructure providers (including but not limited to Softr, Airtable, and email-delivery providers). We are not responsible for outages, errors, or data losses caused by such providers.

13. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL WE BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES (INCLUDING DAMAGES FOR LOST PROFITS, LOST DATA, OR BUSINESS INTERRUPTION) ARISING OUT OF OR RELATED TO YOUR USE OF, OR INABILITY TO USE, THE WEBSITE OR SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

OUR TOTAL CUMULATIVE LIABILITY ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICES, REGARDLESS OF THE FORM OF ACTION, IS LIMITED TO THE TOTAL AMOUNT OF FEES PAID BY THE CLIENT TO US IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM.

14. Indemnification

You agree to indemnify, defend, and hold harmless JMT Choreography, its officers, employees, contractors, and agents from and against any and all claims, damages, losses, costs, and expenses (including reasonable attorneys’ fees) arising out of or related to:

• Your access to or use of the Website or Services.
• Your violation of these Terms or any applicable law.
• Your submission of any Client Data, including Athlete information, in violation of any third-party right or applicable law.
• Any claim by a Parent/Guardian or Athlete relating to Client Data submitted by you.

15. Independent Contractor Status

Nothing in these Terms or any related agreement (including any Program Director service tier) creates an employment, agency, joint-venture, or partnership relationship between us and any Client, Authorized User, or Athlete. We act at all times as an independent contractor to the Client.

16. Modifications to Terms or Services

We may modify these Terms or the Services at any time. If we make a material change to these Terms, we will provide notice by posting the updated Terms on the Website and updating the “Last Updated” date above. Your continued use of the Website or Services following the posting of updated Terms constitutes your acceptance of those changes.

If you do not agree to the updated Terms, you must stop using the Website and Services and, if you are a Client, may exercise your cancellation rights under Section 5.

17. Suspension & Termination

We may suspend or terminate your access to the Website or Services at any time, with or without notice, if:

• You violate these Terms, the System Use Agreement, or any applicable law.
• Payment of any required fees becomes overdue.
• We reasonably believe that misuse, unauthorized sharing, or unauthorized access has occurred.
• We are required to do so by law or by a governmental or regulatory authority.

Sections that by their nature should survive termination — including Sections 6 (Intellectual Property), 7 (Data Responsibility), 12 (Disclaimers), 13 (Limitation of Liability), 14 (Indemnification), and 18 (Governing Law) — will survive any termination of these Terms.

18. Governing Law & Dispute Resolution

These Terms are governed by and construed in accordance with the laws of the State of Michigan, without regard to its conflict-of-laws principles.

Before initiating any legal action, the parties agree to attempt in good faith to resolve any dispute through informal negotiation for a period of at least thirty (30) days. If the dispute cannot be resolved through negotiation, the parties agree to submit the dispute to confidential, binding mediation administered by a mutually agreed mediator in Macomb County, Michigan, with each party bearing its own costs.

If mediation does not resolve the dispute, the parties agree that any legal action will be brought exclusively in the state or federal courts located in Macomb County, Michigan, and each party irrevocably consents to the personal jurisdiction of such courts.

19. Force Majeure

We are not liable for any failure or delay in performance caused by events outside our reasonable control, including but not limited to acts of God, natural disasters, pandemics, government actions, war, terrorism, civil disturbance, labor disputes, failures of third-party infrastructure, internet outages, or power failures.

20. Miscellaneous

These Terms, together with the System Use Agreement and the Privacy Policy, constitute the entire agreement between you and us regarding your use of the Website and Services. If any provision of these Terms is found to be unenforceable, the remaining provisions will remain in full force and effect. Our failure to enforce any right or provision will not be considered a waiver.

You may not assign or transfer these Terms or your rights or obligations under them without our prior written consent. We may assign these Terms to any successor or affiliate without your consent.

21. Contact

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

JMT Choreography — Attention: Jason Tiede
Email: jmtchoreography@gmail.com
Website: competitiveedgecore.com