Terms & Conditions
Last Updated: December 22, 2021
These Terms & Conditions govern your use of breakawaydata.com and associated services for athlete performance, training data analytics, and data visualizations offered by BreakAway Data, Inc. The Site, services, and App are collectively called the “Services.”
1. Agreement to Terms
You must accept these terms to use the Services. Non-compliance means no access will be granted.
2. Privacy Policy
Please review our accompanying Privacy Policy governing information collection, use, and sharing.
3. Changes to Terms or Services
BreakAway reserves the right to update terms with notification via Site, App, or communications. Continued use signifies acceptance. We may discontinue services at our discretion.
4. Who May Use the Services?
- Minimum age requirement: 13 years old (or applicable legal age)
- Must provide accurate account information
- Users responsible for account security and confidentiality
- All account activity is user's responsibility
5. Feedback
Users grant BreakAway unrestricted rights to use any feedback submitted without compensation or restriction.
6. Your Content
Services allow storage and sharing of sports, training, and performance data including GPS data, weight room data, sensor data, and biomechanical information, plus text, files, documents, images, and other media.
By providing content, you grant BreakAway a non-exclusive, transferable, worldwide, royalty-free license to use, copy, modify, create derivatives, distribute, and perform content in connection with Services. BreakAway owns all derived insights and metrics.
You warrant that you hold all necessary rights and that your content does not infringe third-party intellectual property, privacy, or publicity rights.
7. App License
BreakAway grants a limited non-exclusive, non-transferable license for personal, non-commercial use only. You may not copy, modify, sublicense, reverse engineer, or distribute the App.
8. General Prohibitions
Prohibited activities include posting infringing or illegal content, accessing non-public system areas, vulnerability testing, circumventing technological measures, using automated tools, sending spam, reverse engineering, interfering with network operations, collecting personal information without consent, and impersonating others.
9. Fees & Subscriptions
All payments are non-refundable and non-transferable except as expressly stated. Subscriptions involve recurring charges until cancelled. Cancellation becomes effective at the end of the current period with no refund.
Cancel via email to support@breakawaydata.com or within the Services.
10. Termination
BreakAway may suspend or terminate access at any time without notice. Users may cancel by emailing breakawaydata_delete_data@breakawaydata.com.
11. Warranty Disclaimers
Services are provided “AS IS” without warranty. BreakAway disclaims implied warranties of merchantability, fitness, quiet enjoyment, and non-infringement.
12. Limitation of Liability
BreakAway is not liable for incidental, special, exemplary, or consequential damages. Total liability is capped at amounts paid by user or $100 if no payment was made.
13. Dispute Resolution
All disputes are resolved solely by binding, individual arbitration conducted by the American Arbitration Association (AAA). You and BreakAway agree that each may bring claims only in individual capacity, and not as a plaintiff or class member in any class or representative proceeding.
14. Governing Law
Terms are governed by the Federal Arbitration Act and California law. Exclusive jurisdiction in Los Angeles County state and federal courts except where arbitration applies.
15. Contact Information
BreakAway Data, Inc.
322 Culver Blvd. Suite #150
Los Angeles, CA 90293
support@breakawaydata.com