Terms of Use for the E3 Platform
These Terms of Use (“Terms”) constitute a binding legal agreement between you and American Futbolista (“Company,” “we,” “us,” or “our”) and govern your access to and use of the E3 Platform, including our web portal, mobile application, database resources, and analytical dashboard services (collectively, the “Service”).
BY ACCESSING, REGISTERING FOR, OR USING THE SERVICE, YOU EXPLICITLY AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT ACCESS OR USE THE SERVICE.
1. Account Eligibility & Mandatory Adult Registration
- Adults (18+): Coaches, Parents, and adult players have full access to create and manage their own accounts. Coaches manage rosters, log data, and view player scorecards.
- Players (13–17): May access the Platform to view coach feedback and self-report performance metrics (Effort/JOY) only after a parent or guardian has provided verifiable approval.
- Players (Under 13): Are strictly prohibited from accessing the Platform. Their data is managed entirely by adult users. Any attempt by a minor under 13 to create an account is a violation of these Terms.
- Strict Minor Access Prohibition: Children under the age of thirteen (13) are strictly prohibited from holding accounts, logging in, or directly accessing the user interfaces of the Service.
- Guardianship Safeguard: Parents and Legal Guardians who utilize the Service to review their minor child's athletic progress agree to maintain absolute confidentiality over their login credentials and explicitly agree not to permit their child under 13 to log in or operate the adult account.
- Account Security: You are solely responsible for all actions, updates, or inputs that occur under your credential set. You agree to notify us immediately of any unauthorized use or security breach.
2. Data Ownership and Intellectual Property Rights
- Proprietary System Ownership: The Service, its underlying algorithms, structural user interfaces, proprietary grading mechanisms (such as the E3 effort-scale scoring models), logos, trade names, and trademarks (including E3, E3 Futbol, and American Futbolista) are the exclusive intellectual property of American Futbolista.
- Data Assignment: By entering, logging, or uploading any team rosters, attendance registers, player names, effort ratings, match statistics, or qualitative performance notes (“User Content”) onto the Platform, you hereby irrevocably assign all right, title, and interest in and to such User Content to American Futbolista.
- Platform Insights Ownership: You acknowledge and agree that all analytical outputs, aggregated player/team dashboards, historical trend reports, scorecards, and predictive metrics generated by the software's algorithms (collectively, “Platform Insights”) are the sole and exclusive property of American Futbolista. Your access to the Service provides you only with a temporary, revocable license to view these Insights; it does not transfer any ownership, copyright, or proprietary rights to the underlying data sets.
3. Acceptable Use and User Conduct
The E3 Platform is designed to drive objective, transparent, and encouraging development in youth soccer. All Users agree to adhere to a strict code of conduct. You shall not perform the following:
- Abusive Input: Write, upload, or transmit any Coach Notes, reviews, or assessments that are defamatory, sexually explicit, racially or ethnically offensive, threatening, or constitute harassment toward any player, official, parent, or other coach.
- Metric Tampering: Falsify or deliberately manipulate attendance records, effort ratings, or match stats for the purpose of misleading parents, players, or administrative staff.
- Safeguarding Violations: Utilize the Platform's communication or notes features to attempt to establish unauthorized, unmonitored, or non-transparent messaging pathways with minor athletes.
- Reverse Engineering: Attempt to copy, modify, decompile, reverse-engineer, extract, or exploit the source code of the E3 Platform, or scrape data from the Service using automated bots, crawlers, or algorithms.
4. Payment, Fees, and Subscriptions
If you are purchasing a club, team, or individual subscription tier for the E3 Platform:
- Billing and Payment: You agree to provide valid, up-to-date payment information. You authorize us to charge the designated payment method on a recurring cycle (monthly or annually) according to your selected plan.
- Non-Refundability: All subscription fees paid are non-refundable except as explicitly required by local consumer protection statutes.
- Late Payment & Suspension: Failure to settle fees within five (5) business days of the billing date will result in the immediate suspension of Platform access for your coaches, administrators, and linked parent profiles.
5. Disclaimer of Warranties
THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. AMERICAN FUTBOLISTA MAKES NO WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE SERVICE'S OPERATIONAL UPTIME, FREEDOM FROM PROGRAMMING ERRORS, OR THE ABSOLUTE PERMANENCE OF STORED DATA. WE SPECIFICALLY DISCLAIM ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
6. Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL AMERICAN FUTBOLISTA, ITS FOUNDERS, OFFICERS, DIRECTORS, OR EMPLOYEES, BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES (INCLUDING, BUT NOT LIMITED TO, LOSS OF DATA, BUSINESS INTERRUPTION, OR DISAGREEMENTS BETWEEN COACHES, PARENTS, AND PLAYERS) ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SERVICE. OUR TOTAL AGGREGATE LIABILITY FOR ALL CLAIMS SHALL NOT EXCEED THE TOTAL FEES PAID BY YOU TO AMERICAN FUTBOLISTA IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM.
7. Termination of Service
We reserve the absolute right to suspend, disable, or permanently terminate your account and block your access to the Service at our sole discretion, without prior notice, if we determine that you have violated these Terms, compromised the security of the Platform, or engaged in conduct detrimental to the positive development of youth soccer. Upon termination, your right to use the Service immediately ceases, but our ownership of previously logged metrics and Platform Insights remains intact.
8. Governing Law, Arbitration, and Jurisdiction
- Governing Law: These Terms and any legal actions arising from them shall be governed by, interpreted, and enforced in accordance with the laws of the State of Arizona, without regard to conflict of law principles.
- Binding Arbitration: Any dispute, claim, or controversy arising out of or relating to these Terms, the E3 Platform, or the breach thereof, shall be settled by final and binding arbitration administered by the American Arbitration Association (AAA) in Maricopa County, Arizona, rather than in a court of law.
- Class Action Waiver: YOU AGREE THAT ANY DISPUTE RESOLUTION PROCEEDINGS WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION.
9. Entire Agreement and Amendments
These Terms, in conjunction with our EULA and Privacy Policy, constitute the entire agreement between you and American Futbolista regarding the Service. We reserve the right to update or modify these Terms at any time. We will alert you to major revisions via an in-app notification or email. Your continued use of the E3 Platform following any updates signifies your formal acceptance of the modified Terms.
