Last updated on April 1, 2023

Welcome to Next Level Athlete, we are the Home of Youth Sports™ and the world’s leading provider of Sport Relationship Management (SRM) software, empowering athletes, parents, coaches, and sports organization administrators with tools and services to manage their organizations and sports lives (“Next Level Athlete”, “we”, “our”, or “us”).

These Terms of Use govern your access and use of the Services Next Level Athlete provides. By continuing to browse, access and use our websites, mobile apps, software tools, platforms, and other products and services you acknowledge and accept the terms and conditions set out below. If you do not accept, you must cease access to and use of our website and/or the applicable Services immediately.

1. OUR WEBSITES AND SERVICES

We provide a number of online and mobile products and services that you can view, access and use via our online websites, mobile apps, software tools, platforms (“Platforms”), including without limitation team, league, tournament or other pages and applications hosted on or provided by Next Level Athlete that are subject to and governed by these Terms of Use (collectively the “Services”).

Next Level Athlete, LLC is based in Kaysville at  580 Oak Lane, Kaysville, UT 55413. We operate worldwide across a number of sports. Our brands, products and services include: Vai App.

2. DEFINITION OF USERS

The Services we provide are aimed at the following categories of users:

3. CHANGES TO THESE TERMS

Next Level Athlete may, in its sole discretion, modify or update these Terms of Use from time to time, and so you should review this page periodically. When we change the Terms of Use in a material manner, we will update the ‘last modified’ date at the bottom of this page. Your continued use of the Services after any such change constitutes your acceptance of the new Terms of Use. If you do not agree to any of these terms or any future Terms of Use, do not use or access (or continue to use or access) the Services.

4. OTHER APPLICABLE TERMS

In addition to these Terms of Use and depending on what type of user you are, other applicable terms also apply to your access and use of the Services.

ORGANIZATION TERMS & PRIVACY POLICY

Where you are accessing the Platforms and/or Services because you are a User of an Organization, you acknowledge and agree that your access will be subject to any designated Terms & Conditions imposed by the Organization, and any personal information uploaded by the Organization to the Platforms will be subject to their Privacy Policy.

Next Level Athlete PRIVACY POLICY

Where you are accessing the Platforms and/or Services because you are a User of an Organization, including Administrators, you acknowledge and agree that the use and disclosure of information collected from you, including business contact data, by Next Level Athlete as part of the Next Level Athlete Account creation process (“Registration Data”) and through your ongoing use of Next Level Athlete, including our interactions with you relating to customer support, troubleshooting, security and other purposes (“Usage Data”) shall be governed by our Privacy Policy.

You also agree that, where relevant, with regard to any information or documents you upload to Next Level Athlete that are required for eligibility determinations for any leagues or tournaments you wish to enter — including birth certificates, medical waivers, or proof of vaccination — you are specifically directing Next Level Athlete to share that information with the relevant organization, league, team or governing body that requested the information and all additional entities that are required to review it to determine eligibility for the sport, league or tournament.

NCSI TERMS & PRIVACY POLICY

Where you use background screening and other similar services, which are provided by the National Center for Safety Initiatives LLC (“NCSI”), you acknowledge and agree that your use of such services will be subject to NCSI’s Terms and Conditions and Privacy Policy. NCSI provides these services separately and independently.

5. ACCOUNT ACCESS & SECURITY

In order to access and use certain Services, you may be required to register and create a Next Level Athlete account (“Account”). Neither Next Level Athlete nor any Organization is under any obligation to accept a request for registration of an Account, and we each reserve the right to suspend or terminate access at any time without notice for any reason, including if your continued use is believed to prejudice Next Level Athlete, its systems or services, the applicable Organization or other users or to be in violation of these Terms of Use, at our sole discretion.

By registering an Account and using the Services, you confirm that the information, whether about yourself or about athletes in your Account, that you provide during the registration process (including but not limited to Registration Data) and in the Services or that is already in the Services (via an Organization, Administrator or another User), is accurate. You agree to update your registration and athlete details promptly if they change. If you register an Account on behalf of an Organization, company, or other entity, then (i) “you” includes you and that entity, and (ii) you represent and warrant that you are an authorized representative of that entity with the authority to bind the entity to these Terms of Use (and to any related agreements, such as order forms, which you agree to on its behalf), and that you acknowledge and accept these Terms of Use on the entity’s behalf.

Where you create an Account, you are solely responsible for maintaining the security and confidentiality of the Account password you use. Where you believe your Account credentials have been compromised, you should change them, and immediately contact us or your Organization for further assistance.

We have the right to disable your Account or password, whether chosen by you or allocated by us, at any time for any reason, including if in our reasonable opinion you have failed to comply with any of the provisions of these Terms of Use or if we (or the applicable Organization) know or suspect that anyone else knows or is using your credentials.

6. ELIGIBILITY FOR CERTAIN SERVICES

To access some of the features and functionality of the Services, you must be at least 13 years of age (or older depending on the age of majority in the territory in which you reside) and you may be required to verify your age. If you are under 13 years of age, you must immediately discontinue use or make no further use of the certain features and functionality of the Services. Some of the features are location-based services, so in order to access these you will be required to turn-on your location settings within your device. If you do not turn on these settings, you will not be able to access or use some of the Services. Your location will be tracked and treated in accordance with our Privacy Policy.

Next Level Athlete without any liability to you and in its sole discretion may suspend your Account at any time and require proof that you meet any eligibility criteria under these Terms of Use. Failure to comply and/or provide proof, will result in the closure of your Account without any further liability on the part of Next Level Athlete (including refunds of any monies held within your Account).

As part of the Services, you authorize and direct Next Level Athlete to offer Non-Next Level Athlete products and services, which may include, but not be limited to suppliers of uniforms, sports equipment, and additional services. Non-Next Level Athlete products and services introduced to the registration pathway or elsewhere are part of the Services we provide to you.

7. OUR RIGHTS & LIMITED LICENSE TO YOU

Next Level Athlete is the owner, licensee or otherwise has the rights to all content, software and materials developed, conceived, originated, prepared, generated or displayed to you via the Next Level Athlete Platforms and/or Services, including, but not limited to, all copyrights, trademarks, service marks, trade names, and all other intellectual and proprietary rights therein throughout the world (“Intellectual Property Rights”). Subject to the restrictions below, Next Level Athlete grants you a limited, non-exclusive, limited, freely revocable, non-assignable, and non-transferable license to use Next Level Athlete Services for your personal, noncommercial use (unless you are an Organization / Administrator) as permitted by the features of the Service, and any of our associated Intellectual Property Rights. Aside from the rights specifically granted herein, Next Level Athlete retains ownership of all Intellectual Property Rights, and nothing in these Terms of Use shall be deemed to convey to you any right, title, or interest in or to our Platforms and Services or to any portion thereof except for the limited rights expressly granted herein.

Except as permitted, you agree to not do any of the following in relation to the licenses granted to you under these Terms of Use or via any Services:

• use any of Next Level Athlete’s Intellectual Property Rights for commercial exploitation (whether for profit or not);

• establish a link to or from the Next Level Athlete Platforms or any other website/app, intranet or extranet site without our prior written consent (which may be withdrawn by Next Level Athlete at any time in its sole discretion);

• do anything that may interfere with or disrupt the Next Level Athlete Platforms and/or the Services;

• modify, disassemble, decompile or reverse engineer any Next Level Athlete’s Intellectual Property Rights

• rent, lease, loan, resell, sublicense, distribute or otherwise transfer or attempt to transfer Next Level Athlete’s Intellectual Property Rights to any third party;

• post any information on or send any information via the Next Level Athlete Platforms and/or Services (whether on any bulletin board, message, in any chat room or otherwise) that does not comply with our Acceptable Use Policy set out below;

• do anything that may infringe the rights of any other person or third party, including impersonating or otherwise misrepresenting your affiliation with a person or entity, conducting fraud, hiding or attempting to hide your identity;

• You may not use any software robot, spider, crawler, or other data gathering or extraction tool, whether automated or manual, to access, acquire, copy, monitor, scrape or aggregate any information, data or similar that is made available on the Next Level Athlete Platforms or via the Services;

• You may not knowingly or intentionally take any action that may impose an unreasonable burden or load on the Next Level Athlete Platforms or its servers and infrastructure; and

• You may not either directly or through the use of any personal computer, browser, laptop, tablet, mobile phone or other device (each a “Device”) or other means remove, alter, bypass, avoid, interfere with, or circumvent (i) any of our Intellectual Property Rights, (ii) any protection or access control measure associated with the Next Level Athlete Platforms, or (iii) any advertisement on or within the Next Level Athlete Platforms.

Where you fail to comply with the above (including the Acceptable Use Policy below) we reserve the right to take, or refrain from taking, any and all steps available to us, including suspending or terminating your access to any applicable Next Level Athlete Platform or its Services or seeking other legal or equitable remedies, including reporting to the relevant law enforcement authorities, for breaches or actions constituting criminal offenses.

8. USER CONTENT

Certain features of the Platforms and Services may allow you to post, upload and/or contribute content (including images, videos, or other materials) in or from the Next Level Athlete Platforms (“User Content”). You represent that you have the right to post any User Content which you post to via the Services, and that such User Content, or its use by us as contemplated by these Terms of Use, does not violate these Terms of Use, applicable law, or the intellectual property, publicity or privacy rights of others. You grant Next Level Athlete and its licensees a worldwide, royalty-free, sub-licensable, non-exclusive, perpetual, irrevocable, right and license to use, reproduce, translate, publicly display, publicly perform, modify, sublicense, distribute, and otherwise use such User Content. Aside from the rights specifically granted herein, you retain ownership of all rights, including intellectual property rights, in the User Content that you post to the Platforms or via the Services. Notwithstanding the foregoing, you acknowledge and agree that any questions, comments, feedback or other information relevant to the Services and Platform (“Feedback”), provided by you to Next Level Athlete are non-confidential and Next Level Athlete will be entitled to the unrestricted use and dissemination of Feedback for any purpose, commercial or otherwise, without acknowledgment or compensation to you.

Next Level Athlete is not responsible for User Content nor does it endorse any opinion or similar contained in User Content. You are solely responsible for your own User Content. This means that you, and not Next Level Athlete, are entirely responsible and liable for any claims, loss or damages relating to all User Content that you upload, post, e-mail or otherwise transmit to the Platforms or via the Service. You understand that by using the Platforms and Services, you may be exposed to User Content that is offensive, indecent, or objectionable. You understand and agree that if you submit User Content, other Users, Administrators or your Organization may view and use your User Content.

9. CHILD SAFEGUARDING

PARENTAL/GUARDIAN CONSENT

Where User Content includes an image or a video of any person who is under the age of 13 (“Child”), you confirm that you have obtained the consent of that Child’s parent or guardian before submitting it via the Next Level Athlete Platforms or Services.

CHILDREN’S DATA PRIVACY

The Children’s Online Privacy and Protection Act (“COPPA”) requires that online service providers obtain clear and verifiable parental consent before collecting personal information from children under 13. Next Level Athlete’s Services are not directed to children under 13. If you are an Organization, Administrator or other User, you certify you will not permit or request that children under 13 submit information to the Next Level Athlete Platforms/Services directly.

10. ACCEPTABLE USE POLICY

You are responsible for the content of your communications which you contribute or send via the Platforms and/or Service, and they must:

• be accurate (where they state facts);

• be genuinely held (where they state opinions); and

• comply with all applicable law in any country from which they are posted.

The following rules are a condition of your use of and access to the Platforms and Services:

• No Interference. You may not interfere with any other user’s ability to use or enjoy the Platforms or Services.

• No Bullying. You may not use the Platforms or Services to threaten, abuse, harass, or invade the privacy of any third party.

• Content Posted by You Must be Yours. You may not upload, post, transmit, or otherwise distribute or facilitate the distribution of content that is fraudulent or infringes the rights of any third party, including, without limitation, patent, trademark, copyright, right of publicity, or other proprietary rights.

• Your Materials Must Be Lawful and Appropriate. You may not upload, post or otherwise distribute or facilitate the distribution of any unlawful, threatening, abusive, libelous, defamatory, obscene, pornographic, profane, indecent or otherwise inappropriate information of any kind, including, without limitation, any images or other material of a sexual nature.

• Don’t Damage the Services or Our Servers. You may not knowingly or intentionally take any action that may impose an unreasonable burden or load on the Platforms or Services or its servers and infrastructures. You may not upload, post or otherwise distribute or facilitate the distribution of a software virus or any other computer code that is designed or intended to disrupt, damage, or limit the functioning of the Platforms or Services, or to obtain unauthorized access to the Platforms or Services or any data or other information of any third party.

• No Unauthorized Access. You may not attempt to gain unauthorized access to other computer systems or networks connected to the Platforms or Services for any unlawful purpose.

• No Collection of Personal Information from Other Users and No Commercial Use. You may not collect information about other users of the Platforms or Services or use any such information for the purpose of transmitting or facilitating transmission of unauthorized or unsolicited advertising, junk or bulk e-mail, chain letters, or any other form of unauthorized solicitation.

• No Criminal or Unlawful Conduct. You may not use the Platforms or Services for any unlawful purpose, and you may not encourage conduct that would constitute a criminal offense or give rise to civil liability.

• Follow These Terms of Use and Conduct Rules. You may not take any action on or through our Services that violates any applicable law or these Terms of Use.

We reserve the right to take, or refrain from taking, any and all steps available to us, including suspending or terminating your access to the Platforms/Services or seeking other legal or equitable remedies, once we become aware of any violations of these provisions.

11. MONITORING

Next Level Athlete may, but unless required by law, has no obligation to monitor the use by you and other end users of the Platforms and Services. During monitoring, any information relating to any user or their respective activities on the Services may be examined, recorded, copied, and used to enforce these Terms of Use. Furthermore, Next Level Athlete reserves the right at all times to disclose any information posted on any portion of the Platforms or Services or traceable through the Platforms/Services as necessary to satisfy any law, regulation or governmental request or to enforce any applicable laws or proprietary rights or right of publication of Next Level Athlete, or to refuse to post, or to remove, any information or materials, in whole or in part, that in Next Level Athlete’s sole and absolute discretion are objectionable or in violation of these Terms of Use.

12. DISCLAIMER OF WARRANTIES

The Next Level Athlete Platforms and its Services are provided on an “as-is” and “as-available” basis. To the maximum extent permitted by law, Next Level Athlete, its parents, subsidiaries, affiliates, including directors, employees, contractors and agents as well as partners, and licensors disclaim any and all warranties and conditions, statutory or otherwise, (including, without limitation, the implied warranties of merchantability, fitness for a particular purpose and non-infringement). Without limitation, Next Level Athlete does not warrant that the Next Level Athlete Platforms, or access to or use of the Services will:

• be uninterrupted;

• be free from inaccuracies, errors, viruses or other harmful components;

• meet your requirements; or

• operate in the configuration or with the version of Device or operating software you use.

13. LIMITATION OF LIABILITY

The following provisions only apply to individual Users and not Organizations. Organizations should refer to the Subscription Agreement for their rights.

To the maximum extent permitted by law Next Level Athlete, its parents, subsidiaries and affiliates, including our directors, employees, contractors and agents as well as our partners, licensors and suppliers, exclude all conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity and shall not be liable for any loss or damages, (including but without limitation to any direct, indirect, special, consequential, punitive or incidental) of profits; data or other intangibles; to goodwill or reputation; costs of substitute goods and services; denial-of-service attacks, to computer equipment, software or viruses; arising out of or related to the use, inability to use, delay in operation or transmission, interruption, performance or failures of the Next Level Athlete Platforms and/or Services, irrespective of whether such loss or damages were foreseeable, arising in contract, tort (including negligence) or otherwise.

By participating in an athletic league, activity, competition or tournament, Users agree to release and hold harmless Next Level Athlete and its respective parents, subsidiaries, affiliates, and each of their respective officers, directors, employees, shareholders, representatives, and agents (the “Released Parties”) from and against any claim or cause of action, including injuries, arising out of a User’s participation in such league, activity, competition or tournament. This release includes any disclosure of eligibility-related data, including but not limited to birth certificates, medical waivers and proof of vaccination, which has been requested by an Organization, tournament director or a governing body to determine eligibility.

Nothing in these Terms of Use excludes or limits Next Level Athlete’s liability for death or personal injury arising from negligence, fraud or fraudulent misrepresentation, or any other liability which cannot be excluded or limited under applicable law.

14. THIRD PARTY WEBSITES AND CONTENT

For your convenience, the Services may provide links to websites of other persons or entities or information about third parties, such as advertisers, Organizations, or their respective services, special offers, or other events or activities that are not owned or controlled by Next Level Athlete (“Third-Party Websites”). However, such third-party websites are not controlled by Next Level Athlete, and Next Level Athlete shall not be responsible for the completeness or accuracy of any information hosted or provided by any Third-Party Websites or for deleting any such information. Your use of Third-Party Websites is at your own risk and subject to the applicable terms and conditions of such Third-Party Website. We:

• Make no warranty or other agreements regarding such Third-Party Website;

• Have no responsibility for the contents of such Third-Party Websites; and

• Will not be liable for any loss or damage caused by your use of or reliance on such Third-Party Websites.

15. TERMINATION

Next Level Athlete may terminate your password, Account (or any part thereof) or use of the Platforms or Services, or remove and discard any User Content or information stored, sent, or received via the Platforms/Service without prior notice and for any reason, including the following reasons:

• you permit any unauthorized access or use of your Account;

• a violation of these Terms of Use; or

• tampering with or altering any of the software, data files or the Platforms or Services.

Termination, suspension, or cancellation of these Terms of Use or your access rights to the Services shall not affect any right or relief to which Next Level Athlete may be entitled, at law or in equity. Upon such termination, suspension, or cancellation, all rights granted to you will automatically terminate and immediately revert to Next Level Athlete.

16. INDEMNIFICATION

You agree to defend, indemnify and hold harmless Next Level Athlete and their respective directors, officers, employees, contractors and agents from and against any and all claims, demands, actions, suits or proceedings, as well as any and all losses, liabilities, damages, costs and expenses (including reasonable legal fees and costs) arising out of or accruing from:

• any breach of these Terms of Use, including any of the foregoing provisions, representations or warranties, and/or your

• use of the Next Level Athlete Platforms and/or from any and all use of the Services and your Account;

• any material posted or otherwise provided by you (including without limitation User Content), or any other subscriber or user of your Account that infringes any intellectual property right of any person or entity or defames any person or violates their rights of publicity or privacy; and

• any misrepresentation made by you in connection with your use of the Platforms/Services; and

• any breach of any representation, warranty or other terms or conditions relating to use of your User Content or the Platforms/Services.

17. EXPORT CONTROL

Next Level Athlete and its Services are directed towards Users who are members of Organizations residing in countries throughout the world. However, we do not represent that Next Level Athlete and all of its Platforms and Services are appropriate for use or available in certain locations.

By accessing or using the Services, You represent and warrant that (i) You are not located in a country that is subject to a U.S. government embargo (e.g., Crimea, Cuba, Iran, North Korea or Syria); and (ii) Your access to and use of the Services will comply with the United States export control and economic sanctions requirements.

18. GOVERNING LAW & CLASS ACTION/JURY TRIAL WAIVER

The following provisions only apply to individual Users and not Organizations. Organizations should refer to the Subscription Agreement for their rights.

By using any Next Level Athlete Platform or Service, you agree that applicable federal law, and the laws of the state of Minnesota, without regard to principles of conflict of laws, will govern these Terms of Use and any dispute of any sort that might arise between you and Next Level Athlete. We each agree to submit to the exclusive jurisdiction of the courts of the state of Minnesota. We each waive any right to a trial by jury or to participate in a class action, collective action, private attorney general action or other representative proceeding of any kind.

Where you are a User based outside of the United States, then you additionally enjoy the protection afforded to you by mandatory provisions of the law of your country of residence. We both agree to submit to the non-exclusive jurisdiction of the courts of the state of Minnesota, which means that you may bring a claim to enforce your consumer protection rights in connection with these Terms of Use in Minnesota or in the country in which you live.

All legal notices must be sent to:
Attn: Legal Department
Address: NBC Sports Group (Next Level Athlete, LLC),  580 Oak Lane
Kaysville, UT 55413
Telephone: 801-645-0177
Email: support@vai.app

19. ADDITIONAL APPLICATION TERMS

If you access or download the Next Level Athlete Platforms/Services via an Apple, Inc., Amazon.com, Inc., Google, Inc., Microsoft Corporation, Samsung Electronics America, Inc. or any other third-party app store or platform (each a “Third-Party Platform Provider”), such Third-Party Platform Providers, shall be third-party beneficiaries to these Terms of Use. However, these Third Party Platform Providers are not party to these Terms of Use and have no obligation to provide maintenance and/or support of the Next Level Athlete Platforms/Services. Next Level Athlete, not such Third Party Platform Providers, is solely responsible for the Next Level Athlete Platforms/Services. Your access to the Next Level Athlete Platforms/Services using the Third Party Platform Providers’ app stores or platforms are subject to the usage terms set forth in the applicable Third Party Platform Provider’s terms of service.

In the case of any Next Level Athlete applications accessed or downloaded via the Third Party Platform Provider app store or platform, if such application fails to conform to any applicable warranty in these Terms of Use, then you may notify the applicable Third Party Platform Provider and they will refund to you the purchase price (if any) of the application. Next Level Athlete, not the Third Party Platform Provider, is responsible for addressing any claims you or a third party may have relating to such application, or your possession and/or use of such application, including, but not limited to: (a) product liability claims; (b) any claims that such application fails to conform to any applicable legal or regulatory requirement; and (c) claims arising under consumer protection or similar legislation. In the event of any third party claim that such application, or your possession and use of such application, infringes that third party’s intellectual property rights, Next Level Athlete, not the Third Party Platform Provider, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim.

20. NOTICE FOR CALIFORNIA USERS

Under California Civil Code Section 1789.3, California users of the Services are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Suite N112, Sacramento, California 958134, or by telephone at (800) 952-5210.

21. INFRINGEMENT POLICY

Next Level Athlete respects the intellectual property rights of others, and we ask our users to do the same. Pursuant to 17 U.S.C. Section 512 as amended by Title II of the Digital Millennium Copyright Act (the “DMCA”), we reserve the right, but not the obligation, to terminate your Account and license to use the Services if we determine in our sole and absolute discretion that you are involved in infringing activity, including alleged acts of first-time or repeat infringement, regardless of whether the material or activity is ultimately determined to be infringing. If you believe that any User Content or other materials accessible via the Services infringe your intellectual property, please send a written notice to the agent identified below to request a review of the alleged infringement:

By Mail:

Attn: DMCA Notice
Next Level Athlete, LLC
580 Oak Lane
Kaysville, UT 55413
By Email: support@vai.app
Attn: DMCA Notice

Any written notice regarding any defamatory or infringing activity must include the following information:

• Your name, address, telephone number, and email address;

• A physical or electronic signature of a person authorized to act on behalf of (1) the owner of an exclusive right that is allegedly infringed or (2) the person defamed;

• Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works on our Services are covered by a single notification, a representative list of such works. Similarly, for materials that are defamatory or infringe patent, trademark, or other proprietary rights of a third party, please submit a list of such materials;

• Identification of the material that is claimed to be infringing, to be the subject of infringing activity, or that is claimed to be defamatory and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Next Level Athlete to locate the material;

• A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright or other proprietary right owner, its agent, or the law; and

• A statement that the information in the notice is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed or on behalf of the person defamed.