Terms of Use

1.0 Accounts & Users

1.1 Eligibility

When you use the Services, you represent that you are either:

• at least the age of majority in the jurisdiction where you reside; or
• A minor who has received verifiable consent from a parent or legal guardian to use the Services.

For athletes under 13 in the United States, you acknowledge that SkiCam complies with COPPA by obtaining verifiable parental consent before any account creation or content upload.

You further represent that any information you submit while using the Services is accurate, truthful, and current. You also represent that your use of the Services does not violate any applicable law or regulation.

1.2 Registration

In order to use the Services, you will be required to register for an account (“Account”). As part of the Account creation process, you will be asked to provide an email address and password unique to the Account (“Login Information”). You are responsible for the confidentiality and use of your Login Information and agree not to transfer or disclose your Login Information to any third party. You are solely responsible for any activities occurring under your account. If you suspect any unauthorized use of your Account, you agree to notify us immediately. We reserve the right to discontinue offering the Services, including by terminating your Account, at any time pursuant to these Terms. You have no ownership right to your Account, and our liability if you are unable to access the Services, if any, is limited by these Terms.

1.3 Admin Accounts

As the Account Owner of an Account opened on behalf of an organization (“Company Account”), you receive administrative privileges (“Admin Account”). Admin Accounts may grant access to the Services to certain individuals (“Authorized Users”) and may promote additional Authorized Users to Admin Accounts, subject to the limits of the plan for which the organization is enrolled.

When registered as an Admin Account, and when accessing or using the Services, you represent and warrant that the information you provide for your Company Account is accurate and complete. You further acknowledge and agree that the Admin Account Owner is responsible for all activity conducted by all Authorized Users under the Company Account.

Each Authorized User must maintain their own Login Information. The use of a single individual Account by multiple users is strictly prohibited and shall be considered a material breach of these Terms. SkiCam reserves the right to suspend or terminate the Company Account for cause in the event of such a breach.

1.4 Coach Accounts

A Coach Account grants access to certain features of the Services necessary to manage and evaluate athletes’ performance. Coaches may upload, view, and annotate content for Athletes within their team or organization, subject to the limits of the plan for which the organization is enrolled.

Coaches are responsible for ensuring that all content uploaded or shared complies with applicable laws and regulations, including obtaining any required parental or guardian consent for Athletes under 18. Coaches must maintain the confidentiality of their Login Information and are responsible for all activity conducted under their Account. Sharing a Coach Account with another individual is strictly prohibited and constitutes a material breach of these Terms.

1.5 Athlete Accounts

Athlete Accounts are intended for individual athletes to access content shared by Coaches, review their own performance, and engage with certain Services. Athletes must maintain their own Login Information and are responsible for all activity under their Account.

For Athletes under 18, a parent or legal guardian must provide verifiable consent for account creation and is considered the Account Owner. The parent or guardian is responsible for monitoring their child’s use of the Services and ensuring compliance with these Terms. Sharing an Athlete Account with another individual is strictly prohibited and constitutes a material breach of these Terms.

1.6 User Conduct

You agree not to use any part of the Services to take any action or actions that are patently offensive in any manner whatsoever, are contrary to our public image, goodwill, or reputation, or violate any law or third party’s legal rights.

1.7 User Content

When you post content and information to the Site or in connection with the Services (“Content”), including videos or other materials, you represent and warrant that you own or have all necessary rights to use and share the Content and that posting the Content does not violate any rights of any person or entity. You are responsible for any royalties, fees, or other amounts owing to any person or entity related to your Content. SkiCam may remove Content at any time, for any reason or no reason at all.

For Company Accounts, any Content uploaded by Authorized Users remains the property of the organization. By posting Content, you grant SkiCam and its affiliates a worldwide, non-exclusive, royalty-free license to use, store, display, transmit, and process the Content solely to provide and improve the Services and enforce these Terms. This license automatically terminates upon deletion of the Content.

1.8 User Feedback

You may be asked to provide feedback on the Services, whether by survey, testimonial, or voluntarily submitted (“Feedback”). Feedback includes communications directed to us related to the Services, such as suggestions for new features, comments, questions, or other suggestions.

By voluntarily submitting Feedback, you agree that SkiCam shall have a perpetual, worldwide, royalty-free, non-exclusive license to use, reproduce, distribute, and display such Feedback solely to improve or promote the Services. You agree that SkiCam may use Feedback with or without attribution. To the extent allowed by law, you assign to SkiCam any intellectual property rights in Feedback that are necessary for us to use it as described herein.

2.0 Usage

2.1 Payment Terms

Fees for the Services are non-refundable except as required by law or in SkiCam’s sole discretion. If we terminate your Account without cause, we may refund the fees for the unused portion of your subscription. If you cancel a prepaid plan, you are not entitled to a refund for the unused portion of your subscription period, except as required by law or our 14-day refund policy.

You agree to pay all applicable fees when due, and if fees are paid via credit card or other electronic means, you authorize us to charge your selected payment method. By default, customer accounts are set to auto-renew, and we may automatically charge you for renewal on or after the renewal date unless you cancel prior to renewal. You are responsible for all taxes, including any applicable VAT, GST, or other taxes, and we will charge taxes where required by law.

SkiCam may revise the fees for the Services from time to time and will provide at least thirty (30) days’ email notice prior to your Service renewal date. We reserve the right to suspend or terminate your Account for non-payment of fees.

2.2 Permitted Uses

You are authorized to access the Site and the SkiCam application solely to view and use the Services on your devices in accordance with these Terms. You may copy materials from the Services only as necessary to access, view, and use the Services. All other copying, distribution, or commercial use of the Services or materials is strictly prohibited.

You may not use the Services for any illegal or unauthorized purpose, or in a manner that:

• violates any applicable law, regulation, or third-party rights;
• interferes with, disrupts, or attempts to gain unauthorized access to the Services, servers, or networks; or
• harms, exploits, or otherwise endangers other users.

You may not decompile, disassemble, rent, lease, loan, sell, sublicense, create derivative works from, or otherwise exploit the Services, or use any robot, spider, scraper, or other automatic system or manual process to monitor, copy, or extract data from the Services.

Failure to comply with these conditions may result in immediate suspension or termination of your access to the Services, at SkiCam’s discretion.

2.3 Third Party Sites

The Site or Services may contain links to, or embedded content from, third-party websites, applications, or services that we do not operate, control, or maintain (“Third Party Sites”). SkiCam does not endorse any Third Party Sites and makes no representation or warranty regarding the accuracy, completeness, or legality of any Third Party Sites or content.

Any links or access to Third Party Sites are provided solely for your convenience. If you choose to access or interact with any Third Party Sites, you do so at your own risk, and you agree that SkiCam shall not be liable for any loss, damage, or claim arising from your use of or reliance on such sites, content, or services. You are solely responsible for complying with the terms and privacy policies of any Third Party Sites.

2.4 Third Party Sites

You agree that SkiCam has the right to collect, store, and analyze data and other information relating to the provision, use, and performance of the Services, including technical, usage, and anonymized analytics data. We may use such information to operate, maintain, and improve the Services, enhance functionality, and for other legitimate business purposes.

SkiCam may disclose such information in aggregate, de-identified, or anonymized form in connection with its business operations, marketing, or research. We will not disclose personal information in identifiable form without your consent, except as required by law or as described in our Privacy Policy.

2.5 Content-Sharing Platform

The Services include a content-sharing platform whereby authorized users, including Coaches and Athletes (“Users”), may create and share certain content (“User Content”) with other Users. By sharing User Content, you represent and warrant that you have all necessary rights and permissions to share the content in its form, including parental or guardian consent for any minors.

Except as otherwise described in the Services’ Privacy Policy, any User Content uploaded to the Services shall be considered the property of the organization that owns the relevant account (“Company Account”). By uploading content, you grant SkiCam a limited license to store, display, and process the User Content solely to provide and improve the Services. Users acknowledge that, as between you and SkiCam, SkiCam shall not be liable for any unauthorized use or disclosure by other Users.

2.6 Losses of Stored Content

Although we intend for the Services to be available as continuously as possible, there may be occasions when the Services are interrupted due to scheduled maintenance, emergency repairs, unscheduled downtime, system or server failures, or other reasons. Consequently, you are responsible for maintaining your own backup of all User Content, and you agree not to rely on the Services as a backup or storage solution.

SkiCam shall not be liable for any modification, suspension, or discontinuation of the Services, or for any loss, corruption, or unauthorized access of User Content. You also acknowledge that the Internet is inherently insecure, and the submission or transmission of Content may not be completely secure.

3.0 Warranty Disclaimer

You agree that the Services and the Site are provided on an “as is” and “as available” basis, without any warranty, and that you use them at your own risk. To the maximum extent permitted by law, SkiCam disclaims any and all warranties, whether express or implied, including, without limitation, warranties of merchantability or fitness for a particular purpose, warranties against infringement of any third-party intellectual property or proprietary rights, warranties relating to delays, interruptions, errors, or omissions in the Services or Site, warranties relating to the accuracy or correctness of data, and any other warranties relating to our performance, nonperformance, or other acts or omissions.

SkiCam does not warrant that the Services or Site will operate error-free or that they are free of viruses, malware, or other harmful materials. If your use of the Services or Site results in the need to repair or replace equipment or data, SkiCam is not responsible for any such costs.

Some jurisdictions do not allow the exclusion or limitation of certain categories of damages or implied warranties; therefore, the above limitations may not apply to you. In such jurisdictions, our liability is limited to the greatest extent permitted by law.

4.0 Limitation of Liability

Except as prohibited by applicable law, any liability SkiCam may have to you in connection with these Terms, under any cause of action or theory, is strictly limited in the aggregate to $100 or the amount you have paid SkiCam for the Services in the twelve (12) months preceding the claim, whichever is greater.

In no event shall SkiCam or any of its affiliates be liable for any indirect, special, incidental, consequential, punitive, or exemplary damages, including, without limitation, lost profits, lost data, business interruption, or other commercial damages or losses, arising out of or in connection with these Terms, even if SkiCam has been advised of the possibility of such damages.

You agree to indemnify, defend, and hold harmless SkiCam and its affiliates from and against any claims, losses, liabilities, damages, costs, or expenses (including reasonable attorneys’ fees) arising from your breach of these Terms, your misuse of the Services, or any unauthorized access to your Account.

5.0 Indemnification

You agree to indemnify, defend, and hold harmless SkiCam, its affiliates, and their respective officers, directors, partners, agents, and employees (collectively, the “Indemnified Parties”) from and against any and all claims, losses, liabilities, damages, costs, and expenses, including reasonable attorneys’ fees (collectively, “Claims”), arising out of or related to:

1. your use of the Services in violation of these Terms;
2. any breach of the representations or warranties you make in these Terms; or
3. any User Content you or any Authorized User of your Company Account upload, post, or transmit.

You agree to be solely responsible for the defense of any such Claims with counsel reasonably acceptable to SkiCam, provided that SkiCam may participate in the defense at its own expense and with counsel of its choice. You shall bear all costs and expenses associated with such defense unless otherwise agreed in writing by SkiCam.

6.0 Governing Law & Dispute Resolution

These Terms and your use of the Services shall be governed by and construed in accordance with the laws of the Province of Ontario and the federal laws of Canada applicable therein, without regard to its conflict of law principles.

You agree that any dispute, claim, or controversy arising out of or relating to these Terms or your use of the Services (a “Dispute”) shall be resolved exclusively in the courts located in Ontario, Canada, and you hereby consent to the personal jurisdiction of and venue in such courts.

To the maximum extent permitted by law, you and SkiCam waive any right to a jury trial and to participate in a class or representative action with respect to any Dispute.

Nothing in this section shall prevent SkiCam from seeking injunctive or other equitable relief in any jurisdiction to protect its intellectual property, Confidential Information, or other proprietary rights.

7.0 Severance

If any provision of these Terms is held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, such provision shall be severed and the remaining provisions shall continue in full force and effect to the maximum extent permitted by law.