GameRun Terms of Service and End User License Agreement

Revised: 31 October 2026

Effective date: 31 October 2026

These Terms of Service and End User License Agreement (these “Terms”) govern access to and use of the athletic performance analysis and player intelligence services provided by GameRun Inc., a Delaware corporation (“GameRun,” “we,” “us,” or “our”). Our services include the GameRun performance analysis platform, our websites, dashboards, mobile applications, and related features we make available (collectively, the “Services”).

“You” means the person using the Services and, where that person acts with authority for a team, club, academy, school, facility, league, camp, tournament operator, or other entity, that entity (an “Organization”). “Athlete” means a person whose athletic performance or information is submitted for analysis. An Athlete may be different from the person who holds the account or purchases the Services.

By affirmatively accepting these Terms, creating an account through a process that presents these Terms for acceptance, or using Services after receiving legally sufficient notice of these Terms, you agree to them. If you do not agree, do not use the Services. A person accepting for an Organization represents that they have authority to bind it.

IMPORTANT DISPUTE NOTICE: SECTION 20 CONTAINS A BINDING ARBITRATION AGREEMENT AND CLASS ACTION WAIVER THAT AFFECT HOW YOU AND GAMERUN RESOLVE DISPUTES. IT INCLUDES EXCEPTIONS FOR ELIGIBLE SMALL CLAIMS AND RIGHTS THAT CANNOT LAWFULLY BE WAIVED.

1 Services and applicable agreements

GameRun analyzes submitted sports videos and related Athlete information to generate performance assessments, movement and mechanics insights, tactical observations, training suggestions, drills, reports, and other outputs (“Outputs”). Available features may include short clip and full game analysis, Athlete profiles, progress histories, downloadable reports, and authorized sharing. Features, supported sports, input requirements, and deliverables depend on the product selected and may change over time. We do not promise that every feature is available for every sport, account, device, or location.

Our AI is developed with sports expertise and may be supported by coach evaluation of system performance. Unless a purchased service expressly includes individual human review, an Output is automated and has not necessarily been reviewed or approved by a coach or other expert. Descriptions such as coach trained or coach supervised do not mean that each submission receives individual human review.

An Organization’s purchase of GameRun analysis for its Athletes does not make GameRun the operator of that Organization’s activities.

Our Privacy Policy at https://gamerun.ai/privacy-policy describes information practices and privacy rights. Our Purchase Policy at https://gamerun.ai/purchase-policy applies to purchases to the extent consistent with these Terms. Additional product terms presented before purchase or feature activation may apply to that product or feature.

A written agreement signed by GameRun, including an applicable order form or data processing agreement, controls over conflicting general terms for its subject matter. Otherwise, these Terms control over inconsistent general website or Purchase Policy provisions; product terms specifically accepted for a feature control for that feature. The applicable Privacy Policy and data processing agreement govern personal information within their respective scope, subject to mandatory law.

2 Eligibility and accounts

An adult account holder must be at least 18 and legally able to enter a binding agreement. Parents and legal guardians may operate accounts for minor Athletes. Organizations may establish authorized administrator and coach accounts. Any access made available directly to an Athlete under 18 is subject to the age restrictions, parental authorization, and consent requirements in Section 3 and the Privacy Policy.

You must provide accurate account, billing, and Athlete information and promptly correct material inaccuracies. Age, height, weight, level of play, video identity, and other inputs can affect analysis. Do not misstate an Athlete’s identity or submit another person’s performance as that Athlete’s own.

Protect your login credentials, use supported security controls, and limit account access to authorized users. Each user should use their assigned credentials where individual accounts are available. You are responsible for all activities conducted through your account. Report suspected unauthorized access or security incidents promptly to legal@gamerun.ai.

For an Organization account, the Organization owns the contractual account relationship, while the designated administrator manages access on its behalf. We may request evidence of administrative authority, restrict disputed access, and act on documented instructions. We do not adjudicate underlying employment, ownership, custody, or family disputes.

3 Minor Athletes and parental authorization

An adult submitting information about a minor must have authority to authorize the submission and applicable uses under these Terms. Children under 13 may access the Services only through an approved adult managed arrangement and after any required parental authorization. Athletes ages 13 through 17 may use only features made available to their age group and with required parental permission.

Coaches and Organizations must obtain and maintain all necessary Athlete, parent, or guardian permissions, including permissions covering third party AI processing, development, research, publicity, and other uses they authorize. You represent that those permissions are valid and sufficient for the applicable uses, will provide evidence on request, and will promptly notify GameRun of a material change or withdrawal. GameRun may rely on your representations and may require additional verification, permissions, or documentation.

Where applicable law, including COPPA, requires direct parental notice, verifiable parental consent, or a separate choice for nonintegral third party disclosures, the affected processing is subject to those requirements. Parents and legal guardians may submit legally available requests concerning their child’s information to privacy@gamerun.ai. GameRun may verify identity and authority and restrict access or processing while a request or permission is under review.

4 Submitted materials and license to GameRun

“Submitted Materials” means the videos, images, audio, recordings, photographs, Athlete profiles, biographical information, performance information, measurements, scores, annotations, labels, text, feedback, metadata, and other content or information you upload, provide, make available through an authorized integration, or authorize another person to provide to GameRun. Submitted Materials include your protectable contributions to reports and other materials generated through the Services. References to User Content elsewhere in these Terms include Submitted Materials. You retain any ownership rights you hold in the underlying Submitted Materials, subject to the licenses and rights granted here.

Subject to Sections 3, 5, 6, and 7, you grant GameRun and its successors and assigns a worldwide, nonexclusive, fully paid, royalty free, transferable, sublicensable (through multiple tiers), perpetual, and irrevocable license, under all rights you own or are authorized to license in Submitted Materials, to host, store, copy, process, analyze, modify, create derivative works from, distribute, display, and otherwise use and exploit Submitted Materials, in whole or in part, in any media now known or later developed (collectively, to “Use”), for the permitted purposes described below. To the extent you, or an Athlete for whom you are a parent or legal guardian, hold rights in Submitted Materials provided by another person, such as an Organization’s or coach’s recording in which the Athlete appears, you grant GameRun the same license in those rights.

The permitted purposes are providing, supporting, securing, and improving the Services and generating Outputs; developing, training, evaluating, and improving artificial intelligence and related technologies, including creating annotations, datasets, models, and other derived materials; research and development; developing new products and services; educational, demonstration, and promotional materials, subject to Section 6.2; licensing and otherwise commercializing the foregoing, alone or with other information; and other purposes reasonably related to GameRun’s business. Each purpose involving personal information or identifiable content is subject to the applicable permissions, notices, lawful basis, and restrictions in Sections 3, 5, 6, and 7. Uses for developing and training artificial intelligence are subject to any privacy choices, account settings, or opt-out mechanisms GameRun makes available and, for materials an Organization submits under a separate signed agreement, to that agreement.

GameRun may exercise these rights itself or through affiliates, employees, contractors, service providers, research collaborators, technology partners, licensees, distributors, and other authorized recipients, subject to the restrictions applicable to each recipient and the processing involved.

Except where mandatory law or a separate signed agreement requires otherwise, you are not entitled to royalties, fees, attribution, accounting, inspection, or approval of a permitted use or resulting product. To the extent legally waivable and within your authority, you waive moral rights and similar rights of attribution or integrity solely to permit uses authorized by these Terms. GameRun has no obligation to publish, commercialize, or continue using any particular Submitted Materials.

You represent that you own or have obtained sufficient copyright, recording, privacy, publicity, contractual, and other rights and permissions for the Submitted Materials and the applicable uses you authorize. You are responsible for obtaining all rights and permissions necessary for the applicable submission and authorized uses, including rights of depicted persons and other rights holders.

Do not submit unauthorized private recordings, exploitative content, or sensitive information unrelated to the relevant activity. GameRun may restrict, reject, segregate, redact, or delete material where authority or permitted use is unclear. The contractual license survives cancellation and deletion as provided in Section 7.

5 Data use and processing

5.1 Authorized purposes

GameRun may process Submitted Materials, Outputs, account and usage information, and derived information for the purposes and under the licenses stated in Sections 4, 6, and 12. This includes operating and securing the Services; analytics; research; training, fine tuning, validating, testing, and improving models; creating datasets and benchmarks; developing products and services; and commercializing permitted information, technology, and derived assets.

Personal information is processed under the applicable lawful basis and privacy notices. GameRun may rely on consent, contractual necessity, legitimate interests, legal obligations, or another available basis where permitted. Required notices, separate consents, written releases, opt in and opt out mechanisms, and other mandatory requirements apply to the relevant processing. Rights under these Terms are exercised consistently with applicable law, valid permissions, the applicable Privacy Policy, and controlling agreements.

5.2 Providers and commercial partners

GameRun may process information directly and through affiliates, contractors, AI providers, service providers, research collaborators, technology partners, licensees, distributors, and other authorized recipients. Subject to applicable notices, agreements, and legally required permissions, recipients may perform services for GameRun, collaborate in development and commercialization, or undertake authorized independent uses, including model development and training.

GameRun may license, share, and otherwise commercialize information and media within the applicable permissions. Where a use is regulated under applicable privacy law, the notices, choices, and recipient restrictions that law requires apply, as described in the Privacy Policy. Information may be processed internationally using applicable transfer mechanisms and safeguards.

5.3 Deidentified and derived information

GameRun may create, combine, retain, publish, license, and otherwise Use and commercialize lawfully deidentified, anonymous, or aggregate information, including benchmarks, research findings, statistical models, and synthetic datasets, for any lawful business purpose. These rights continue after account closure or deletion of source materials.

Where required by law, GameRun will maintain qualifying information in deidentified form, take reasonable measures to prevent identification, and require recipients to comply with applicable restrictions. Any information that remains legally identifiable is subject to the applicable personal information requirements. Reidentification is prohibited except as permitted by law.

5.4 Required permissions and privacy requests

Processing concerning minors, regulated biometrics, health information, other sensitive information, or restricted institutional records is subject to applicable authorization, disclosure, retention, and other mandatory requirements, including any notice or release that applicable law requires. Uses of records held solely as a processor or service provider must comply with the applicable agreement and lawful instructions.

Applicable privacy rights and request procedures are described in the Privacy Policy. Requests may be sent to privacy@gamerun.ai. GameRun may verify the request, apply available legal exceptions, and continue processing to the extent lawfully permitted. Withdrawal of consent operates prospectively to the extent permitted by law and does not invalidate prior lawful processing.

5.5 Effective permissions

GameRun may obtain additional permissions, revise its notices, and implement different uses for different products, datasets, jurisdictions, age groups, and account arrangements. New or expanded uses of previously collected information are subject to any legally required notice, agreement, or consent and enforceable restrictions applicable to that information.

6 Reports sharing and media rights

6.1 Account access and customer sharing

Access to nonpublic profiles, submissions, and reports is governed by account permissions, service arrangements, and the authorized uses in these Terms. GameRun may make the disclosures and uses authorized under Sections 4 and 5.

Subject to the purchased service and applicable permissions, you may download and share Outputs for Athlete development, coaching, team assessment, scouting, recruiting, and related sports purposes. Organizations and coaches may incorporate Outputs into their authorized services and add commentary. Reselling GameRun access, bulk report resale, embedding Outputs in another commercial product, or distributing services under another brand requires GameRun’s written authorization.

You must preserve material notices and limitations and must not deceptively alter results, misrepresent AI analysis as individually reviewed expert judgment, or claim an endorsement, affiliation, review, or certification that was not provided. Any human review, certification, verification, or ranking GameRun may offer has only the scope stated for that service and does not guarantee outcomes.

6.2 Publicity and featured Athletes

GameRun may feature an identifiable Athlete’s name, image, likeness, voice, athletic performance, or statements in advertising, publicity, case studies, and other promotion of GameRun only under a release or consent obtained for that purpose (a “Feature Release”), which may be presented separately from these Terms. A Feature Release for a minor must be given by a parent or legal guardian. Unless the Feature Release states otherwise, it grants GameRun and its successors, assigns, and authorized partners a worldwide, royalty free, transferable, sublicensable license to Use the materials it covers in any media now known or later developed, including excerpting, cropping, formatting, translation, and combination with other materials, without compensation, attribution, or further approval.

Organization names, logos, and testimonials that an adult user or Organization provides for publication may be Used under the same license without a separate Feature Release. GameRun may identify an Organization as a GameRun customer.

The person granting a Feature Release must own or have authority to grant it. A Feature Release may be recorded through an acceptance flow, signed release, or other valid process selected by GameRun, in the form applicable law requires.

6.3 Public displays and distributed materials

Any public rankings or other identifiable public Athlete displays GameRun may offer require the applicable permissions under law, the Privacy Policy, and controlling agreements. A person authorizing a minor’s participation must have the necessary parental or guardian authority and any other required permissions.

Published materials and sharing links may be accessed, copied, or redistributed by recipients. GameRun is not responsible for independent third party copies to the extent permitted by law. Requests concerning material GameRun controls may be directed to privacy@gamerun.ai. Removal, withdrawal, and any continued authorized use are governed by applicable law, valid releases, and Section 7.

7 Continuing rights retention and deletion

The licenses and rights granted to GameRun under Sections 4, 5, 6, and 12 survive cancellation, termination, account closure, and deletion of source submissions. GameRun may continue to retain, use, license, and commercialize lawfully created deidentified or aggregate information and its models, algorithms, features, know how, benchmarks, research results, improvements, and other derived assets.

Personal information is retained and deleted under the applicable Privacy Policy, lawful purposes, valid permissions, and mandatory retention or destruction requirements. GameRun may retain information for service delivery, authorized development and research, security, fraud prevention, legal compliance, dispute resolution, enforcement, accountability, and other disclosed lawful purposes for the applicable permitted period. Required purpose limits and deletion rules for children’s information, regulated biometrics, and other protected information apply.

Account cancellation, deletion of information, and withdrawal of a particular permission are separate actions. GameRun may retain records and continue processing under an available legal exception or other valid basis, including for legal holds, transaction records, consent evidence, and defense of claims. Deletion of source materials does not require surrender of GameRun’s technology, derived assets, or lawful nonpersonal improvements except to the extent required by law.

Third party retention and deletion are governed by the applicable provider arrangements, notices, and law. GameRun will take steps required of it under those arrangements and applicable law. GameRun does not guarantee recovery of deleted materials and is not a permanent backup service. You are responsible for retaining permitted copies of reports you wish to keep. Privacy requests may be sent to privacy@gamerun.ai and are subject to appropriate verification.

8 AI limitations and responsible use

Outputs are informational performance and development tools that supplement human judgment. They may contain errors, unsupported inferences, omissions, or inconsistent results. Results can be affected by camera angle, lighting, occlusion, video quality, sample length, identification, Athlete attributes, and the model or comparison population used. Outputs are assessments, not instrument measurements. Any scores or grades a product provides may be age dependent, context dependent, or model dependent and may change as methods evolve.

Outputs are not medical diagnoses, treatment, rehabilitation prescriptions, emergency services, or medical clearance to train or compete. No Output establishes that an Athlete has an injury, will sustain one, or is safe from injury. Do not use an Output to delay medical evaluation, override clinical advice, or return an Athlete to play. Stop activity and seek appropriate professional evaluation if an Athlete experiences pain, concerning symptoms, or suspected injury.

Athletes, parents, and coaches should consider age, development, conditioning, equipment, environment, and qualified human guidance before applying a drill or recommendation. Do not require an Athlete to perform an unsafe movement or train beyond appropriate limits because of an Output. GameRun does not supervise physical activity unless a separate agreement expressly says otherwise. Athletic training and competition carry inherent risks of injury, and you, and for a minor the parent or legal guardian, assume those risks for any activity undertaken in reliance on an Output, drill, or recommendation.

Scouts, coaches, and Organizations may use authorized Outputs as one input into their judgment. Do not use them as the sole basis for consequential selection, eligibility, employment, scholarship, health, or other decisions, or in violation of applicable discrimination or automated decision laws. No particular improvement, comparative ranking, recruiting result, or financial return is guaranteed. You are responsible for complying with the rules of any school, league, athletic association, or governing body that apply to you or an Athlete, including name, image, and likeness, eligibility, amateurism, and reporting rules. GameRun is not affiliated with or endorsed by any governing body and may suspend access or take other reasonable steps if it believes the Services are being used in violation of those rules.

9 Purchases subscriptions and credits

Prices, included deliverables, analysis units, processing limits, billing intervals, and any usage or credit restrictions are disclosed at checkout or in an applicable order. An analysis unit may depend on sport, video length, Athlete count, or product type. No fixed price or transaction percentage is established by these Terms. Unless otherwise stated, prices are in U.S. dollars, and applicable taxes are additional.

You authorize charges for purchases you make and recurring charges only for subscriptions you affirmatively authorize. Subscription checkout must disclose the renewal price, billing frequency, cancellation method, and any trial conversion terms. An authorized subscription renews as disclosed unless canceled before the next charge. No recurring subscription arises merely from a one time evaluation purchase.

Cancel through available account controls or contact info@gamerun.ai for assistance if those controls are unavailable. Cancellation stops future renewals, subject to the disclosed billing cutoff and applicable law, and ordinarily leaves access available through the paid period. Uninstalling an app does not itself cancel a subscription. App store purchases must also follow the applicable store’s billing and cancellation process.

Unless required by law or otherwise stated in the accepted purchase terms, there are no prorated refunds for a canceled subscription period or for an analysis after processing has begun. For a processing issue, GameRun may provide reprocessing, a replacement credit, or another remedy in its discretion, subject to any remedy required by law.

Credit expiration, transfer restrictions, included Athlete counts, and resubmission rules apply only as disclosed before purchase or in an accepted agreement. We may request a new video if a submission does not meet disclosed requirements. A free or promotional analysis may have separately disclosed limits.

We provide legally required notice of renewal or price changes and obtain additional agreement where required. Changes do not retroactively alter a completed purchase or an agreed fixed term. Keep payment information current. Payments are handled through Stripe or the applicable app store payment system.

Organization invoice terms are set by the applicable order or agreement. For undisputed commercial balances more than 30 days overdue, interest may accrue at the lesser of 1.5 percent per month or the maximum lawful rate, together with reasonable legally recoverable collection costs. We may suspend unpaid services subject to any notice required by law or a controlling agreement.

10 Organizations integrations and API access

An Organization must authorize its users, use appropriate access controls, supply lawful instructions, and obtain required Athlete and parental permissions. Its own agreements and privacy notices must accurately describe its activities. GameRun’s relationship to an Organization, and each party’s data protection responsibilities, depend on the service and applicable law and may be specified in a data processing agreement.

Authorized API, bulk submission, integration, or branded report access is permitted only when expressly enabled by GameRun and subject to the applicable order, documentation, credentials, usage limits, and security requirements. These Terms do not promise public API availability. The restrictions on unauthorized automated access in Section 11 do not prohibit specifically authorized integrations.

Keep API credentials confidential, restrict them to authorized systems, and report suspected compromise promptly. Do not bypass limits, expose credentials in public code, or give an integration access to Athlete information beyond the permissions obtained. Integration data is subject to the rights in Sections 4 through 7. An Organization may authorize additional uses within its authority and applicable legal and contractual requirements.

Where a feature directs you to a third party, that third party’s services are subject to its own terms. GameRun does not warrant third party services and disclaims liability for them. GameRun does not control an Organization’s physical events, coaching engagements, admissions, eligibility decisions, or separate charges.

11 Acceptable use and security

Use the Services lawfully and respect other people’s rights. Do not submit unlawful, abusive, exploitative, threatening, harassing, discriminatory, defamatory, or infringing content; impersonate another person; publish private information without authority; send spam; or misrepresent an Athlete’s identity or results. Sexual exploitation of minors and material facilitating abuse are prohibited.

Do not circumvent access controls, scrape private information, deploy unauthorized bots, overload the Services, conduct security testing without written permission, distribute malware, steal credentials, or attempt unauthorized access. Do not reverse engineer software except to the extent a restriction is prohibited by applicable law. Use supported devices and configurations, and do not bypass security controls through device modifications.

Do not use the Services, User Content you lack authority to reuse, or Outputs to develop or train a competing analysis service or model, or to extract proprietary system instructions or models. Do not remove proprietary notices or redistribute software or account access without authorization. Permitted downloads, report sharing, coaching use, and approved API access remain subject to Sections 6, 10, and 12.

We may investigate suspected misuse, restrict access, remove unlawful content, preserve evidence where lawful, and report matters where required or appropriate. We do not promise to review every submission or supervise every interaction.

12 Intellectual property derived assets and output rights

GameRun and its licensors retain their rights in the Services, software, models, model weights, algorithms, methodologies, report templates, taxonomies, evaluation frameworks, designs, documentation, trademarks, and other proprietary technology. As between you and GameRun, and subject to your underlying Submitted Materials and applicable law, GameRun owns the protectable rights it creates or acquires in annotations, datasets, compilations, benchmarks, extracted features, derived analytics, improvements, inventions, trained models, and other assets developed through permitted uses under Sections 4 and 5. To the extent you hold assignable rights arising solely from GameRun’s creation of those assets, you assign those rights to GameRun to the maximum lawful extent, excluding your original Submitted Materials, independently created commentary, identity rights, and nonwaivable personal information rights.

GameRun may license, deploy, and otherwise commercialize its technology, derived assets, and products without paying you, accounting to you, or giving you a right of approval, subject to the limits on personal information, publicity, and restricted records in these Terms. All rights not expressly granted are reserved.

Subject to these Terms and applicable payment, GameRun grants you a limited, nonexclusive, nontransferable license to access the Services and use Outputs for the personal or authorized organizational purposes in Section 6. As between you and GameRun, and excluding your underlying Submitted Materials, Outputs and the analyses and content they contain are part of the Services, are owned by GameRun, and are licensed, not sold, to you. Authorized customer sharing does not convey ownership of the platform, models, or report system.

You retain rights in original commentary you independently add, subject to underlying rights and the license in Section 4 if you submit that commentary to GameRun. Organization branding, Athlete likenesses, and testimonials are licensed as provided in Section 6 and any additional authorization.

For voluntary product ideas and suggestions, you grant GameRun a worldwide, perpetual, irrevocable, transferable, sublicensable, nonexclusive, fully paid, royalty free license to use, adapt, develop, commercialize, and otherwise exploit them for any lawful purpose without compensation, attribution, or approval.

13 Mobile application license

If GameRun makes a mobile application available, you receive a limited, revocable, nonexclusive, nontransferable license to install and use it on devices you own or control, subject to these Terms and applicable app store usage rules. Rights for authorized Organization users and family use apply only as permitted by the store and purchased service. You may not sell, sublicense, or redistribute the app.

GameRun is responsible for its app and applicable support obligations. Apple and Google do not become parties to your agreement with GameRun merely by distributing the app. They are not responsible for GameRun’s analysis or promises. For an Apple distributed app, Apple has no obligation to furnish maintenance or support. To the extent applicable law permits, if the app fails to meet an applicable warranty, you may notify Apple for any refund of its purchase price available under Apple’s terms; other claims remain GameRun’s responsibility to the extent required by law.

For an Apple distributed app, GameRun, rather than Apple, is responsible for addressing applicable product claims, legal compliance claims, and intellectual property infringement claims concerning the app, subject to these Terms and law. Apple and its subsidiaries are third party beneficiaries of this Section and may enforce it. You must comply with applicable third party terms and export and sanctions laws. You represent that you are not prohibited from receiving the app under applicable U.S. sanctions or export restrictions.

You control device permissions through the operating system. Some functions require specific permissions or a supported app version. App updates, availability, and purchases are also subject to applicable store rules. These Terms do not expand a store’s rights to Athlete information.

14 Copyright complaints

If you believe material on the Services infringes your copyright, send a notice to the Copyright Agent at legal@gamerun.ai or the mailing address in Section 22. Include your signature; identification of the protected work; identification and location of the disputed material; your name, address, telephone number, and email; a good faith statement that the use is unauthorized; and a statement under penalty of perjury that the notice is accurate and you are authorized to act.

If your material is removed and you believe the removal resulted from mistake or misidentification, you may send a counter notification with your signature, identification of the material and its former location, a statement under penalty of perjury of your good faith belief, and your name, address, and telephone number. Include consent to the jurisdiction and service of process required by 17 U.S.C. Section 512. We handle notices and counter notifications under applicable law and may restore material where legally appropriate. We terminate repeat infringers in appropriate circumstances. Knowingly false notices can create liability.

15 Suspension termination and service changes

You may stop using the Services, cancel a subscription, or request account deletion through the applicable controls or contacts. Accrued payment obligations remain due. Cancellation, refunds, retention, and deletion are governed by the applicable purchase terms, Privacy Policy, and these Terms.

Subject to any controlling signed agreement, GameRun may suspend, restrict, or terminate access, remove content, reject submissions, or discontinue features at any time and for any reason, including breach, nonpayment, suspected misuse, or security or legal risk. Notice or an opportunity to cure is provided only where required by applicable law or a controlling agreement.

GameRun may modify, replace, or discontinue any part of the Services, subject to applicable law and controlling commitments. No particular feature, availability level, continued access, or data recovery is guaranteed unless expressly agreed in writing. Amounts paid are nonrefundable except as provided in the applicable purchase terms or required by law.

Accrued payment obligations and provisions concerning GameRun’s licenses, continuing use rights, intellectual property, retained records, disclaimers, liability limits, indemnification, disputes, and other matters that by their nature should survive remain effective after termination. Rights in lawfully downloaded Outputs remain subject to their license terms and may be terminated for misuse or material breach.

16 Disclaimer of warranties

THE SERVICES AND OUTPUTS ARE PROVIDED AS IS AND AS AVAILABLE. GAMERUN DISCLAIMS IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON INFRINGEMENT. WE DO NOT WARRANT ERROR FREE OR UNINTERRUPTED OPERATION, PERFECT SECURITY, THE ACCURACY OR COMPLETENESS OF ANY OUTPUT, OR ANY SPECIFIC ATHLETIC OR RECRUITING RESULT.

These disclaimers apply to the maximum extent permitted by law and subject to a controlling signed agreement.

17 Limitations of liability

NEITHER GAMERUN NOR ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, OR SERVICE PROVIDERS WILL BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, LOST BUSINESS OPPORTUNITIES, OR LOSS OF GOODWILL, ARISING OUT OF OR RELATING TO THE SERVICES OR THESE TERMS, EVEN IF ADVISED OF THEIR POSSIBILITY.

GAMERUN’S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THE SERVICES OR THESE TERMS WILL NOT EXCEED THE GREATER OF THE AMOUNT YOU PAID GAMERUN FOR THE SERVICES IN THE TWELVE MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM OR US $100. A DIFFERENT CAP IN A CONTROLLING SIGNED AGREEMENT APPLIES TO THAT AGREEMENT’S SUBJECT MATTER.

The exclusions and cap apply regardless of legal theory, including contract, tort, negligence, and statutory claims, and even if a remedy fails of its essential purpose. They do not apply to the extent a limitation is prohibited by applicable law.

18 Indemnification and release

You will defend, indemnify, and hold harmless GameRun and its affiliates, officers, directors, employees, agents, licensors, and service providers against third party claims, demands, proceedings, damages, liabilities, losses, judgments, settlements, and reasonable costs and attorneys’ fees arising out of or relating to your Submitted Materials; your use or misuse of the Services; your breach of these Terms or applicable law; your infringement or violation of another person’s rights; permissions you represent that you hold; or the acts and omissions of persons you authorize to use your account or submit materials on your behalf.

GameRun may assume exclusive control of the defense and resolution of a covered claim with counsel of its choice, at your expense to the extent legally recoverable. You will provide reasonable cooperation and may not settle a covered claim without GameRun’s prior written consent. These obligations apply only to the extent enforceable under applicable law and do not require indemnification for liability that cannot lawfully be shifted to you. Different procedures in a controlling signed agreement govern its subject matter. If you have a dispute with an Organization, coach, Athlete, parent, or other user, you release GameRun and its affiliates, officers, directors, employees, and agents from claims, demands, and damages of every kind, known and unknown, arising out of or connected with that dispute. If you are a California resident, you waive California Civil Code § 1542, which provides that a general release does not extend to claims that the releasing party does not know or suspect to exist in its favor at the time of executing the release and that, if known, would have materially affected its settlement with the released party, and you waive any similar law of any other jurisdiction.

19 Governing law and court venue

New York law governs these Terms, without regard to conflict of laws rules, except that the Federal Arbitration Act governs Section 20 to the extent applicable. This choice does not deprive consumers of mandatory protections available under applicable law in their place of residence.

For disputes properly heard in court, the parties consent to the state and federal courts in New York County, New York, except for eligible small claims proceedings, mandatory local consumer venues, and other rights that cannot be waived.

20 Dispute resolution and arbitration

20.1 Informal resolution

Before initiating arbitration, you or GameRun must send a written dispute notice identifying the account, contact details, nature of the claim, and requested relief. A notice must be signed personally by the claimant (and by counsel, if the claimant is represented) and must describe that claimant’s individual claim; a notice on behalf of multiple claimants is not valid. Send notices to GameRun at legal@gamerun.ai, subject Notice of Dispute, or its mailing address in Section 22. GameRun will send notices to your account email or other reasonably available address. The parties will attempt in good faith to resolve the dispute for 60 days after receipt, including through an individual telephone or video conference in which the claimant participates personally (with counsel, if represented). Completing this process is a condition to beginning arbitration. Applicable contractual claim periods are paused during that period, and neither party must delay a filing needed to preserve a legal deadline or obtain urgent relief. Informal resolution does not bar small claims or reports to a regulator.

20.2 Mutual agreement to arbitrate

Except for Section 20.4, you and GameRun agree to resolve disputes arising from these Terms or the Services through final and binding individual arbitration before one neutral arbitrator. Individual arbitrations are administered by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules for consumer disputes and its Commercial Arbitration Rules for other disputes. Coordinated Filings are administered as described in Section 20.4. This agreement is mutual. Subject to applicable law and the applicable consumer protections, the arbitrator may decide issues concerning the interpretation, scope, or enforceability of this arbitration agreement. A court decides whether an arbitration agreement was formed and issues that applicable law requires a court to decide, including the enforceability of the class action waiver where required.

The applicable AAA rules govern individual arbitrations. The JAMS Mass Arbitration Procedures and Guidelines and the JAMS Consumer Arbitration Minimum Standards govern Coordinated Filings administered by JAMS. Rules are available at https://www.adr.org and https://www.jamsadr.com/rules and may be requested from GameRun. If a provision of these Terms conflicts with mandatory consumer standards or law, the required protection controls. If the designated administrator is unavailable or declines to administer a dispute, the other administrator may administer it under its applicable rules; otherwise the parties may agree to a qualified substitute or a court may appoint an arbitrator as permitted by the Federal Arbitration Act, without diminishing required consumer protections.

20.3 Procedure fees and hearing location

Each party may use counsel, participate in choosing a neutral arbitrator, obtain a reasonable exchange of relevant nonprivileged information, and present its position. The arbitrator may award relief available under applicable law and will issue a reasoned written decision. Judgment may be entered in a court with jurisdiction. Unless applicable law provides otherwise, the arbitration, its records, and the award are confidential, except as necessary to confirm, enforce, or challenge an award.

For consumer disputes, you pay no more than the consumer filing amount permitted by the applicable administrator’s rules or standards and by law, and GameRun pays the remaining required arbitration fees. If GameRun initiates a consumer arbitration, it pays the fees required by those rules or standards. The administrator may modify the amount or timing of fees as its rules and fee schedules permit, and the parties will not oppose those modifications. Statutory rights to recover attorneys’ fees remain available; no provision shifts fees to a consumer contrary to law. For commercial disputes, fees are allocated under the applicable agreement, rules, and law.

Hearings may be conducted remotely by agreement or under the applicable rules. For consumer claims of US $10,000 or less, the arbitration will be decided on written submissions unless the arbitrator determines that a hearing is necessary or the applicable rules or consumer standards require one. An in person consumer hearing must be in a location reasonably convenient to the consumer and must not preclude access to arbitration. For commercial disputes, absent another agreement, the hearing location is New York, New York.

20.4 Exceptions and individual proceedings

Either party may bring an eligible individual claim in small claims court, seek temporary court relief necessary to preserve the status quo pending arbitration, or pursue a claim or remedy that cannot lawfully be required to be arbitrated. Either party may report matters to regulators or government agencies. Nothing prevents public injunctive relief in a forum required by applicable law.

TO THE EXTENT PERMITTED BY LAW, YOU AND GAMERUN WAIVE TRIAL BY JURY FOR CLAIMS SUBJECT TO ARBITRATION AND AGREE THAT CLAIMS WILL PROCEED INDIVIDUALLY RATHER THAN AS A CLASS, COLLECTIVE, OR REPRESENTATIVE ACTION. Claims may be coordinated procedurally only as permitted by the applicable rules while preserving individual merits determinations. A “Coordinated Filing” exists where 25 or more similar demands are brought by or with the assistance of the same or coordinated counsel. A Coordinated Filing will be administered by JAMS under its Mass Arbitration Procedures and Guidelines where the filings meet those procedures’ requirements, and otherwise by the AAA under its Mass Arbitration Supplementary Rules or successor rules, in each case subject to mandatory law and consumer protections. To promote efficient resolution, the parties will, to the extent consistent with the applicable procedures and law, first proceed with a limited number of bellwether arbitrations while the remaining demands are held in abeyance, with contractual claim periods for the held demands paused.

If the class action waiver is unenforceable for a particular claim or requested relief, that claim or relief proceeds in court to the extent required by law, and other arbitrable individual claims remain subject to arbitration where lawful. This Section does not authorize class arbitration without a separate written agreement after the dispute arises.

20.5 Time for claims and changes

To the extent permitted by law, a claim arising from these Terms or the Services must be commenced within one year after it accrues. Mandatory statutory deadlines and legally required tolling apply where they cannot be varied by contract. The informal resolution period in Section 20.1 pauses this contractual deadline.

Changes to this arbitration agreement will not apply retroactively to a dispute for which either party has already given notice. Any change requiring affirmative agreement will take effect only after that agreement is obtained.

21 General terms and changes

These Terms and the applicable agreements identified in Section 1 constitute the entire agreement for their subject matter and supersede prior inconsistent general terms once properly effective. A signed agreement is amended only in accordance with its terms. No representation creates an unpurchased feature, service level, or guaranteed result.

GameRun may amend these Terms by posting a revised version and providing notice or obtaining acceptance where required. Changes take effect on the stated effective date, subject to applicable law. Continued use after a change takes effect constitutes acceptance to the extent legally permitted. Additional permissions required for expanded data uses are governed by Section 5.5.

If a provision is unenforceable, it will be enforced to the maximum lawful extent or severed, and the remainder will continue, subject to Section 20.4. Failure or delay to enforce a right is not a waiver. A waiver must be in writing by an authorized GameRun representative. You may not assign your account, rights, or obligations without GameRun’s prior written consent. GameRun may assign or transfer these Terms and its rights and obligations, in whole or in part, without your consent. GameRun is not liable for any delay or failure to perform caused by events beyond its reasonable control, including natural disasters, pandemics, government action, labor disputes, cyberattacks, and internet, hosting, or telecommunications failures.

The parties are independent contractors. These Terms create no partnership, employment, agency, or fiduciary relationship. GameRun’s protected affiliates and other persons identified in Sections 17 and 18, and Apple as stated in Section 13, are intended third party beneficiaries of the applicable protections. Other persons have no contractual enforcement rights. Notices may be given electronically through the Services or your contact details where permitted. Each right, license, limitation, and obligation in these Terms applies to the fullest extent permitted by applicable law, and nothing in these Terms limits a right that applicable law prohibits the parties from waiving.

22 Contact information

GameRun Inc.

108 East 86th Street, 11S

New York, NY 10028

Legal notices, disputes, and copyright complaints: legal@gamerun.ai

Privacy requests, children’s information, consent withdrawal, and deletion assistance: privacy@gamerun.ai

General inquiries and account assistance: info@gamerun.ai

Website: https://gamerun.ai