Terms of Service

By creating an account, accessing, or using ERNElytics (the “Service”), operated by ERNElytics, Inc. (“Company,” “we,” “us,” or “our”), you agree to be bound by these Terms of Service (“Terms”). If you do not agree to these Terms, do not use the Service.

We reserve the right to modify these Terms at any time. We will notify you of material changes by email or by posting a notice in the Service. Your continued use of the Service after changes take effect constitutes acceptance of the revised Terms.

ERNElytics is an AI-powered sports analytics platform that allows users to submit pickleball match videos and receive automated performance analysis, statistical breakdowns, and AI-generated coaching narratives. The Service is provided on a subscription and pay-per-use basis.

The Service uses artificial intelligence and machine learning models to analyze submitted data. AI-generated outputs are provided for informational and entertainment purposes only and do not constitute professional sports coaching advice.

You must be at least 13 years of age to use the Service. If you are under 18, you represent that you have your parent or guardian’s permission to use the Service. By using the Service, you represent and warrant that you meet all eligibility requirements.

You must register for an account to access most features of the Service. You agree to provide accurate, current, and complete information during registration and to keep your account information up to date.

You are responsible for maintaining the confidentiality of your account credentials and for all activity that occurs under your account. You agree to notify us immediately at [email protected] of any unauthorized use of your account.

We reserve the right to suspend or terminate accounts that we believe have been compromised, are in violation of these Terms, or are being used fraudulently.

The analyses, coaching narratives, performance scores, and recommendations generated by the Service (“AI Output”) are produced by automated artificial intelligence systems. You acknowledge and agree that:

• AI Output is provided for informational and entertainment purposes only.
• AI Output does not constitute professional athletic coaching, medical, or health advice.
• AI Output may contain errors, inaccuracies, or omissions.
• You should not rely solely on AI Output for training decisions or performance evaluation.
• We do not guarantee that AI Output will be accurate, complete, or suitable for any particular purpose.

We are not liable for any decisions you make based on AI Output. Always consult a qualified coach or professional for personalized guidance.

We collect limited personal information necessary to operate the Service, including your email address, display name, and skill rating data you choose to provide. We also collect usage data and the content you submit for analysis.

We do not sell your personal information to third parties. For details on how we collect, use, and protect your information, please review our Privacy Policy at ernelytics.ai/privacy, which is incorporated into these Terms by reference.

You agree not to:

• Use the Service for any unlawful purpose or in violation of these Terms.
• Attempt to gain unauthorized access to any part of the Service or its infrastructure.
• Scrape, crawl, or systematically download content from the Service.
• Use the Service to train competing AI or machine learning models.
• Circumvent any usage limits, quotas, or access controls.
• Impersonate any person or entity or misrepresent your affiliation with any person or entity.
• Transmit viruses, malware, or any other harmful code through the Service.
• Interfere with the proper operation of the Service or the servers and networks connected to it.

The Service integrates with third-party services including payment processors (Stripe), AI model providers (Google), and cloud infrastructure providers. Your use of those services is subject to their respective terms and privacy policies. We are not responsible for the practices of any third-party service providers.

THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, EITHER 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 SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE, OR THAT ANY DEFECTS WILL BE CORRECTED.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL ERNELYTICS, INC., ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOSS OF PROFITS, DATA, OR GOODWILL, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SERVICE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

OUR TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR THE SERVICE SHALL NOT EXCEED THE GREATER OF (A) THE AMOUNTS YOU PAID US IN THE TWELVE MONTHS PRECEDING THE CLAIM OR (B) ONE HUNDRED US DOLLARS ($100).

You agree to indemnify, defend, and hold harmless ERNElytics, Inc., its affiliates, officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys’ fees) arising out of or relating to: (a) your use of the Service; (b) your User Content; (c) your violation of these Terms; or (d) your violation of any applicable law or the rights of a third party.

We reserve the right to suspend or terminate your access to the Service at any time, with or without cause, with or without notice. You may terminate your account at any time by contacting us at [email protected].

Upon termination, your right to use the Service ceases immediately. Provisions of these Terms that by their nature should survive termination will survive, including Sections 5.2, 6, 9, 12, 13, 14, and 16.

These Terms are governed by and construed in accordance with the laws of the State of Delaware, without regard to its conflict of law provisions. You agree that any dispute arising out of or relating to these Terms or the Service will be resolved exclusively through binding arbitration administered by the American Arbitration Association under its Consumer Arbitration Rules, except that either party may seek injunctive or other equitable relief in a court of competent jurisdiction.

YOU WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.

Entire Agreement. These Terms, together with our Privacy Policy, constitute the entire agreement between you and ERNElytics, Inc. regarding the Service and supersede all prior agreements.

Severability. If any provision of these Terms is found to be unenforceable, the remaining provisions will remain in full force and effect.

Waiver. Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights.

Assignment. You may not assign these Terms or any rights hereunder without our prior written consent. We may assign these Terms without restriction.

Force Majeure. We will not be liable for any failure or delay in performance caused by circumstances beyond our reasonable control.

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