Terms of Service

Please read these terms carefully before using our services.

1. Introduction and Acceptance of Terms

These Terms of Service ("Terms") govern your access to and use of the FirstWIN Sports™ platform, website, and all associated services (collectively, the "Services") operated by FirstWIN Sports™ ("Company," "we," "us," or "our"), a business organized and operating under the laws of the State of Texas.

By accessing or using our Services, creating an account, submitting an assessment, or otherwise engaging with our platform, you agree to be bound by these Terms and our Privacy Policy, which is incorporated herein by reference.

2. Description of Services

FirstWIN Sports™ provides a technology platform designed to support sports organizations, educational institutions, clubs, and recreational programs. Our core services include:

• Coach and volunteer assessment tools for evaluating candidates for coaching, volunteer, referee, and staff positions
• Athlete evaluation and talent identification tools
• Hiring decision support resources for professional and amateur sports organizations
• Training and development program resources
• Talent showcasing tools for athletes and coaches
• Administrative and registration management tools

We reserve the right to modify, suspend, or discontinue any aspect of our Services at any time with reasonable notice.

3. Eligibility and Account Requirements

The Services are intended for users who are 18 years of age or older. Users between the ages of 13 and 17 may only access the Services with the express written consent of a parent or legal guardian.

To access certain features, you must create an account. You agree to provide accurate information, maintain your account, keep your password secure, and notify us immediately of any unauthorized use.

4. Subscription Plans and Payment Terms

FirstWIN Sports™ offers multiple subscription tiers, including free and paid plans. By selecting a paid subscription, you authorize FirstWIN Sports™ to charge the applicable fees to your designated payment method.

• Subscriptions automatically renew unless cancelled prior to the renewal date
• You are responsible for all applicable taxes
• Subscription fees are generally non-refundable except as required by applicable law
• Price changes will be communicated with at least 30 days' advance notice

5. User-Generated Content

Our Services allow you to submit content including athlete profiles, assessment results, videos, images, and performance data ("User Content"). By submitting User Content, you grant FirstWIN Sports™ a non-exclusive, worldwide, royalty-free license to use and process your content solely for providing and improving the Services.

You represent and warrant that you own or have the necessary rights to submit the User Content and have obtained all required consents for content involving minors. The following content is prohibited:

6. Assessment Tools — Use and Limitations

The assessment tools provided by FirstWIN Sports™ are intended to assist organizations in evaluating coaches, volunteers, referees, and staff. Assessment results are provided for informational and decision-support purposes only.

Organizations using our assessment tools are solely responsible for compliance with all applicable federal, Texas, and local employment and anti-discrimination laws, including Title VII, the ADA, the ADEA, and the Texas Labor Code.

7. Prohibited Activities

You may not access or use the Service for any purpose other than that for which we make it available. Prohibited activities include:

8. Intellectual Property

The Services and all content, features, and functionality — including but not limited to text, graphics, logos, assessments, algorithms, and software — are owned by FirstWIN Sports™ and are protected by applicable intellectual property laws. You may not reproduce, distribute, or create derivative works from our content without prior written consent.

9. Third-Party Services

Our Services may integrate with or link to third-party services including payment processors, video platforms, and analytics providers. Your use of third-party services is governed by their respective terms and privacy policies. FirstWIN Sports™ is not responsible for the practices or content of third-party services.

10. Privacy and Data Protection

Our collection and use of personal information is governed by our Privacy Policy, which is incorporated into these Terms by reference. This platform operates in compliance with the Texas Data Privacy and Security Act (TDPSA) and, where applicable, the General Data Protection Regulation (GDPR).

11. Disclaimers and Warranties

Your use of our service is at your sole risk. The service is provided "AS IS" and "AS AVAILABLE" without warranties of any kind, whether express or implied.

12. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, FIRSTWIN SPORTS AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES ARISING OUT OF OR RELATED TO YOUR USE OF THE SERVICES.

In no event shall FirstWIN Sports™' total liability to you exceed the greater of (a) the amount you paid to FirstWIN Sports™ in the twelve months preceding the claim or (b) one hundred dollars ($100.00).

13. Indemnification

You agree to defend, indemnify, and hold harmless FirstWIN Sports™ and its officers, directors, employees, contractors, and agents from and against any claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or related to your use of the service, your User Content, your violation of these Terms, or any employment decision made using our assessment tools.

14. Governing Law and Dispute Resolution

These Terms shall be governed by and construed in accordance with the laws of the State of Texas, without regard to its conflict of law provisions. Any dispute shall first be submitted to good-faith negotiation. If unresolved within 30 days, the parties agree to binding arbitration in Texas under the rules of the American Arbitration Association.

15. Termination

We may terminate or suspend your account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach these Terms. You may terminate your account at any time by contacting us at info@firstwinsports.com. Termination does not entitle you to a refund of any prepaid fees.

Upon termination, all licenses granted under these Terms will immediately cease. Sections 8, 11, 12, 13, and 14 shall survive termination.

16. Miscellaneous

These Terms, together with our Privacy Policy, constitute the entire agreement between you and FirstWIN Sports™. If any provision is held unenforceable, the remaining provisions continue in full force. Our failure to enforce any right will not constitute a waiver of future enforcement. You may not assign your rights under these Terms without our prior written consent.

17. Changes to Terms

We reserve the right to modify or replace these Terms at any time. We will notify registered users of material changes by email or by posting a prominent notice on our website at least 14 days before the changes take effect.