SynIQ Sports Terms of Service

THIS TERMS OF SERVICE AGREEMENT (“AGREEMENT”) GOVERNS YOUR ACCESS TO AND USE OF SynIQ Sports'S SERVICES (“SERVICES” or “SERVICE”).

BY ACCEPTING THIS AGREEMENT, EITHER BY CLICKING A BOX OR BUTTON INDICATING YOUR ACCEPTANCE OR BY EXECUTING A SUBSCRIPTION AGREEMENT THAT REFERENCES THIS AGREEMENT, YOU AGREE TO THE TERMS OF THIS AGREEMENT. USE OF SynIQ Sports SERVICES CONSTITUTES ACCEPTANCE OF THE TERMS OF THIS AGREEMENT. “YOU” OR “YOUR” MEANS YOURSELF, THE COMPANY OR OTHER LEGAL ENTITY FOR WHICH YOU ARE ACCEPTING THIS AGREEMENT, AND AFFILIATES OF THAT COMPANY OR ENTITY. IF YOU ARE ENTERING INTO THIS AGREEMENT ON BEHALF OF A COMPANY OR OTHER LEGAL ENTITY, YOU REPRESENT THAT YOU HAVE THE AUTHORITY TO BIND SUCH ENTITY AND ITS AFFILIATES TO THESE TERMS AND CONDITIONS. IF YOU DO NOT HAVE SUCH AUTHORITY, OR IF YOU DO NOT AGREE WITH THESE TERMS AND CONDITIONS, YOU MUST NOT ACCEPT THIS AGREEMENT AND MAY NOT USE THE SERVICES. “AFFILIATE” MEANS ANY ENTITY WHICH DIRECTLY OR INDIRECTLY CONTROLS, IS CONTROLLED BY, OR IS UNDER COMMON CONTROL WITH THE SUBJECT ENTITY. “CONTROL,” FOR PURPOSES OF THIS DEFINITION, MEANS DIRECT OR INDIRECT OWNERSHIP OR CONTROL OF MORE THAN 50% OF THE VOTING INTERESTS OF THE SUBJECT ENTITY.

PLEASE READ THESE TERMS CAREFULLY, AS THEY CONTAIN AN AGREEMENT TO ARBITRATE AND OTHER IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES, AND OBLIGATIONS. THE AGREEMENT TO ARBITRATE REQUIRES (WITH LIMITED EXCEPTION) THAT YOU SUBMIT CLAIMS YOU HAVE AGAINST US TO BINDING AND FINAL ARBITRATION, AND FURTHER (1) YOU WILL ONLY BE PERMITTED TO PURSUE CLAIMS AGAINST SynIQ Sports ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING, AND (2) YOU WILL ONLY BE PERMITTED TO SEEK RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ON AN INDIVIDUAL BASIS.

In addition, when using certain services, you will be subject to any additional terms applicable to such services that may be posted on the Web Portal from time to time, including, without limitation, the Privacy Policy located at www.drhologram.com/z/user/privacy. All such terms are hereby incorporated by reference into this Agreement, which applies to the collection, use, disclosure and other processing of personal and/or company information by SynIQ Sports.

This Agreement was last updated on February 12, 2026. It is effective between you and SynIQ Sports Inc., a Florida corporation with its principal place of business located at 2665 N. Atlantic Avenue, #401, Daytona Beach, Florida 32118 (“SynIQ Sports”), as of the date you complete the online registration process, agree to the provisions of this Agreement by selecting the “Agree” checkbox, or commence use of Services, which shall be the “Effective Date.”

  1. USE OF THE SERVICES
    1. Acceptance of Terms. SynIQ Sports Inc. (“SynIQ Sports,” “we,” “us,” “our”) provides its services (described below) to you through its website located at http://www.drhologram.com, (the “Web Portal”) and through its mobile applications and related services (collectively, such services, including any new features and applications, and the Site, the “Service(s)”), subject to the terms of this Agreement. This Agreement may be changed by SynIQ Sports without notice to you. You expressly waive notice of any such changes and agree to be bound by and subject to the provisions of the most current version of this Agreement. SynIQ Sports urges you to review this Agreement from time to time via the customer login link at www.drhologram.com, or at such other SynIQ Sports websites as may be designated by SynIQ Sports (any of which shall be referred to as the “Web Portal” or the “website”), to determine whether it has been changed. By completing the online registration process, selecting the “Agree” checkbox, or simply using the Services, you expressly agree to be bound by and subject to all of the provisions of this Agreement. By continuing to use the website and/or the Services after this Agreement has been changed, you expressly consent to the changes and agree to be bound by them. If you are under 13 years of age, you are not authorized to use the website or the Services, with or without registering. In addition, if you are under 18 years old, you may use the website and the Services, with or without registering, only with the approval of your parent or guardian.
    2. Description of Services. SynIQ Sports develops, produces, and distributes a software platform (the “SynIQ Sports Platform”) that utilizes artificial intelligence and proprietary algorithms to provide generative artificial intelligence (“AI”) avatars, simulated situations within which you may interact with the AI avatars, and tools for tracking and evaluating said interactions between you and the AI avatars, along with related support provided by SynIQ Sports. “Services” means the products and services that are made available by SynIQ Sports online via the Web Portal and/or other website pages designated by SynIQ Sports, including associated offline components.
    3. Future Functionality. You agree that your use of the Web Portal or Services are not contingent on the delivery of any future functionality or features, or dependent on any oral or written public comments made by us regarding future functionality or features.
  2. TERM AND TERMINATION
    1. This Agreement shall take effect upon purchase of a subscription and shall continue automatically based upon your chosen subscription frequency.
    2. Termination. SynIQ Sports shall have the right to immediately terminate this Agreement in the event (i) you make any unauthorized use of the Web Portal or the Services (ii) you fail to perform any of your other obligations under this Agreement and you do not cure such failure within thirty (30) days after SynIQ Sports has provided notice of such failure (iii) SynIQ Sports elects to discontinue the provision of the Web Portal or the Services; or (iv) there has been extended inactivity in your account, where applicable. You shall have the right to terminate this Agreement at any time by providing written notice of termination to SynIQ Sports at the address indicated in this Agreement. Upon termination of this Agreement, all of your rights to access and use the Services shall terminate immediately.
    3. Suspension. Your access and use of the Web Portal and the Services may be restricted, suspended, or terminated by SynIQ Sports without notice in the event SynIQ Sports determines, in SynIQ Sports's sole discretion, that you have failed to perform any of your obligations under this Agreement or are engaging in conduct or activities that may otherwise be harmful to it. No refunds will be provided as a result of any such restriction, suspension, or termination.
  3. SOFTWARE AND INTELLECTUAL PROPERTY
    1. Exclusive Ownership. SynIQ Sports is and shall be the exclusive owner of all right, title, and interest in and to any and all patents, copyrights, trademarks and service marks, trade dress, trade secrets, and all other proprietary rights of any kind whatsoever related to the Services. SynIQ Sports is and shall be the exclusive owner of all right, title, and interest in and to the Web Portal and the Services (including all software, algorithms, materials, items, information, and content contained in or on the Web Portal, or available through the use of the Web Portal or the Services); including without limitation, any and all patents, copyrights, trademarks and service marks, trade dress and “look and feel,” trade secrets, and all other proprietary rights of any kind whatsoever related to the Web Portal and the Services. use of the Web Portal or the Services does not in any respect whatsoever constitute a grant of any license or other right to use or exploit any of the proprietary rights related to the Web Portal or the Services, except as expressly granted to you in this Agreement.
    2. Software. SynIQ Sports shall be the exclusive owner of all right, title, and interest in and to the SynIQ Sports Platform made available to you as part of the Web Portal and the Services; including without limitation, any and all patents, copyrights, trademarks and service marks, trade dress, trade secrets, and all other proprietary rights of any kind whatsoever related to such intellectual property. SynIQ Sports grants you a limited, revocable, non-transferable, non-sublicensable, and non-exclusive license to internally use such intellectual property solely to enable you to use the Services as provided by SynIQ Sports during the Term, and SUCH INTELLECTUAL PROPERTY SHALL BE PROVIDED TO YOU “AS IS, WITH ALL DEFECTS” AND WITHOUT WARRANTY OF ANY KIND WHATSOEVER, EITHER EXPRESSED OR IMPLIED, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.
    3. Links. The Services may be linked to other websites on the Internet that are not under the control of or maintained by SynIQ Sports. Additionally, other websites may contain links to the Web Portal. SynIQ Sports does not review or monitor the websites linked to the Web Portal and are not responsible for the contents of any other websites. Any link established by SynIQ Sports does not in any respect whatsoever constitute an endorsement of the other websites or create a relationship between SynIQ Sports and the operators of other websites. You acknowledge that SynIQ Sports provides these links to you only as a convenience, and that SynIQ Sports is not responsible for the business practices, content, privacy policies or links displayed on such websites or products and services offered through such sites to which you may be linked and your access to these websites is at your own risk. SynIQ Sports disclaims any liability with respect to your use of any other website, and you release SynIQ Sports from any liability related to your use of any link to another website or your use of any other website.
    4. Notifications. You understand and agree that any notifications provided to you through the Web Portal and the Services may be delayed or prevented by a variety of factors. SynIQ Sports will do its best to provide notifications in a timely manner with accurate information. However, SynIQ Sports neither guarantees the delivery nor the accuracy of the content of any notification. You also agree that SynIQ Sports shall not be liable for any delays, failure to deliver, or misdirected delivery of any notification; for any errors in the content of a notification; or for any actions taken or not taken by you or any third party in reliance on a notification.
    5. Availability and Modifications. SynIQ Sports shall use commercially reasonable efforts to provide the Web Portal and the Services 24 hours a day, 7 days a week. Notwithstanding the foregoing, your ability to access or use the Web Portal or the Services may from time to time be interrupted, limited, restricted, or prevented as a result of maintenance, upgrades and repairs, problems with the Internet, or the failure of telecommunications links or equipment. SynIQ Sports shall have no liability for your inability to use the Web Portal. SynIQ Sports may at any time modify the Web Portal, the SynIQ Sports Platform and/or the Services, including without limitation, making modifications to appearance, functionality, presentation of data and information, manner of access or use, or the addition or deletion of information or links to other websites.
    6. Trademarks and Logos. The SynIQ Sports name, the SynIQ Sports logo, and any other product names, logos, labels, depictions, and descriptions associated with the Services and the Web Portal are trademarks of SynIQ Sports or third parties, and no right or license is granted to use the names, logos, depictions or labels. The omission of a copyright or trademark notice on the Services or the Web Portal shall not be interpreted to mean the material is, or cause the material to be, in the public domain. The contents of the Services and the Web Portal, including its “look and feel” (e.g., text, graphics, images, logos and button icons), photographs, editorial content, notices, software (including html-based computer programs) and other material are protected under both United States and other applicable copyright, trademark and other laws.
    7. Third Party Material. Under no circumstances will SynIQ Sports be liable in any way for any content or materials of any third parties (including users), including, but not limited to, for any errors or omissions in any content, or for any loss or damage of any kind incurred as a result of the use of any such content. You acknowledge that SynIQ Sports does not pre-screen content, but that SynIQ Sports and its designees will have the right (but not the obligation) in our sole discretion to refuse or remove any content that is available via the Web Portal or the Services. Without limiting the foregoing, SynIQ Sports and its designees will have the right to remove any content that violates the terms of this Agreement or is deemed by SynIQ Sports, in our sole discretion, to be otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any content, including any reliance on the accuracy, completeness, or usefulness of such content.
    8. Web Portal And Services Use And Limitations. You shall not:
      • Use the Web Portal or the Services for any entity other than you;
      • Violate any applicable local, state, national or international statute, regulation, or law;
      • Upload, post, use, or otherwise make available any materials, items, information or content (collectively, “Content”) that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, hateful, obscene, libelous, pornographic, invasive of another's privacy, or otherwise objectionable;
      • Modify, remove, or obscure any proprietary notices contained at the Web Portal or in any screen images or screen captures printed by you;
      • Reverse engineer, decipher, decompile, or disassemble any of the technology or software related to the website or the Services; and you shall not in any other manner attempt to access or learn the source code related to any software used with the Web Portal, or the Services;
      • Impersonate or use the identity of any other person or organization, or falsely state or otherwise misrepresent the your affiliation with any other person or organization;
      • Forge headers or otherwise disguise the origin of any Content;
      • Engage in any activities or manipulate identifying material to misrepresent the origin of Content;
      • Upload, post, use, or otherwise make available any Content that is subject to any disclosure restrictions;
      • Upload, post, use, or otherwise make available any Content that infringes or otherwise violates any patent, copyright, trademark or service mark, trade secret, trade dress, or any other proprietary rights;
      • Upload, post, use or otherwise make available any unsolicited or unauthorized advertising or promotional materials, including without limitation, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation;
      • Upload, post, use or otherwise make available any Content that contains software viruses or any other corrupt computer code, files or programs that impair the use of any computer software, hardware, or telecommunications equipment;
      • Disrupt or interfere with the security of, or otherwise cause harm to, the Web Portal or the Services; systems resources; accounts; usernames and passwords; servers; or networks connected to or accessible through the Web Portal, the Services, or any affiliated or linked sites;
      • Interfere with or otherwise limit the use of the Web Portal, the Services by other users or SynIQ Sports customers; or collect, compile, or store personal or other information about other users of the Web Portal, the Services, or SynIQ Sports customers;
      • Access or attempt to access the Services by any means other than the interface provided by SynIQ Sports;
      • Reproduce, sell, trade, resell or otherwise commercially exploit any part of the Web Portal or the Services;
      • use any robots, data mining, or similar data collection or extraction methods or technology in connection with the Web Portal or the Services; or
      • use the Web Portal or the Services to provide services to any third party, or for commercial purposes, other than as expressly permitted by this Agreement.
    9. Copyright Complaints. SynIQ Sports respects the intellectual property of others, and we ask our users to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, or that your intellectual property rights have been otherwise violated, you should notify SynIQ Sports of your infringement claim in accordance with the procedure set forth below.

      10. SynIQ Sports will process and investigate notices of alleged infringement and will take appropriate actions under the Digital Millennium Copyright Act (“DMCA”) and other applicable intellectual property laws with respect to any alleged or actual infringement. A notification of claimed copyright infringement should be emailed to SynIQ Sports's Copyright Agent at info@syniqsports.com (Subject line: “DMCA Takedown Request”). You may also contact us by mail at:

      Attn: Legal Department
      SynIQ Sports Inc.
      2665 N. Atlantic Avenue, #401
      Daytona Beach, Florida 32118

      To be effective, the notification must be in writing and contain the following information:

      • an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
      • a description of the copyrighted work or other intellectual property that you claim has been infringed;
      • a description of where the material that you claim is infringing is located on the Web Portal or the Services, with enough detail that we may find it on the Web Portal or the Services;
      • your address, telephone number, and email address;
      • a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or intellectual property owner, its agent, or the law;
      • a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.

      Counter-Notice: If you believe that your user Content that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner's agent, or pursuant to the law, to upload and use the content in your user Content, you may send a written counter-notice containing the following information to the Copyright Agent:

      • your physical or electronic signature;
      • identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled;
      • a statement that you have a good faith belief that the content was removed or disabled as a result of mistake or a misidentification of the content; and
      • your name, address, telephone number, and email address, a statement that you consent to the jurisdiction of the federal court located within Volusia County, Florida, and a statement that you will accept service of process from the person who provided notification of the alleged infringement.

      If a counter-notice is received by the Copyright Agent, SynIQ Sports will send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at our sole discretion.

      Repeat Infringer Policy: In accordance with the DMCA and other applicable law, SynIQ Sports has adopted a policy of terminating, in appropriate circumstances and at SynIQ Sports's sole discretion, users who are deemed to be repeat infringers. SynIQ Sports may also at its sole discretion limit access to the Service and/or terminate the memberships of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.

  4. DATA
    1. Your Data. Any information that you provide to SynIQ Sports, including first name, last name, email address, interactions with the Web Portal and the Services (including but not limited to written transcripts and voice recordings of your conversations and interactions with the AI avatars), and any other information including personal information you have provided, may provide, or may be collected by us in connection with your use of the Web Portal and the Services (“Your Data”), will be collected, maintained and used in order to provide the Services to you or your academic institution, organization or company (collectively, the Subscribing Entity), or in accordance with this Agreement, our Privacy Policy, any additional terms applicable to the Web Portal and/or the Services, and any agreement entered into by your Subscribing Entity relating to the Web Portal and the Services.

      2. For the avoidance of doubt, personal information that includes Student Data (defined below) provided to SynIQ Sports through the use of the Web Portal and the Services is governed by the terms of the agreement between SynIQ Sports and the Subscribing Entity relevant to your use of the Web Portal and the Services. As between SynIQ Sports and you, you and/or the Subscribing Entity own all right, title, and interest to all Student Data you provide or otherwise make available to SynIQ Sports, and SynIQ Sports does not own, control, or license such Student Data, except so as to provide the Web Portal and the Services to you and to the Subscribing Entity that provides the products and controls Student Data from the educational records, if applicable, and as described herein. “Student Data” is any information (in any format) that is directly related to an identifiable current or former student that is maintained by a school, school district, or related entity or organization, or by us, as part of the provision of the Web Portal and the Services. Student Data may include “educational records” as defined by the Family Educational Rights and Privacy Act (“FERPA”), 20 U.S.C. § 1232(g). SynIQ Sports agrees to treat Student Data as confidential and not to share it with third parties other than as described in SynIQ Sports's agreement with the Subscribing Entity.

      You hereby grant SynIQ Sports a perpetual, non-transferable, non-sublicensable, fully-paid license to internally use both anonymized and non-anonymized versions of any and all of Your Data collected from you through use of the Web Portal and the Services for purposes of providing recommendations, analysis, reporting, system monitoring, system enhancements, improving the Services, and customer support. Additionally, SynIQ Sports owns all metadata associated with Your Data and you grant SynIQ Sports a perpetual, non-transferable, non-sublicensable, fully-paid license to internally use any and all anonymized and non-anonymized versions of the metadata associated with Your Data.

      If you have any questions regarding the privacy and use of Your Data, please contact us at info@syniqsports.com, or your Subscribing Entity.

    2. User Content Transmitted Through the Web Portal or the Services. With respect to the content or other materials you upload or share through the Web Portal or the Services (collectively, “User Content”), you represent and warrant that you own all right, title and interest in and to such User Content, including, without limitation, all copyrights and rights of publicity contained therein. By uploading any User Content you hereby grant and will grant SynIQ Sports and its affiliated companies a nonexclusive, worldwide, royalty free, fully paid up, transferable, sublicensable, perpetual, irrevocable license to copy, display, upload, perform, distribute, store, modify and otherwise use your User Content in connection with the operation of the Web Portal and the Services or the promotion, advertising or marketing thereof, in any form, medium or technology now known or later developed.

      3. You acknowledge and agree that SynIQ Sports may preserve content and may also disclose content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process, applicable laws or government requests; (b) enforce the terms of this Agreement; (c) respond to claims that any content violates the rights of third parties; or (d) protect the rights, property, or personal safety of SynIQ Sports, its users and the public. You understand that the technical processing and transmission of the Service, including your content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.

    3. Privacy. SynIQ Sports respects the privacy of our users. For details, please see our Privacy Policy (www.drhologram.com/z/user/privacy). By using the Web Portal and the Services, you consent to our collection and use of personal data as outlined therein.
    4. Suggestions. Any and all questions, comments, suggestions, and materials you send to SynIQ Sports are non-confidential and, and SynIQ Sports shall be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you.
  5. WARRANTIES AND LIABILITY
    1. Disclaimer of Warranties. THE WEB PORTAL AND THE SERVICES ARE PROVIDED TO YOU “AS IS, WITH ALL FAULTS” AND WITHOUT WARRANTY OF ANY KIND WHATSOEVER, EITHER EXPRESSED OR IMPLIED, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. SynIQ Sports EXPRESSLY DISCLAIMS ANY AND ALL REPRESENTATIONS AND WARRANTIES CONCERNING THE SERVICES AND THE WEB PORTAL, AND THE ACCURACY OF THE INFORMATION AND CONTENT AVAILABLE THROUGH THE WEB PORTAL.

      2. YOUR USE OF, AND ANY RELIANCE UPON, THE SERVICES AND THE WEB PORTAL, INCLUDING, BUT NOT LIMITED TO, ANY DATA RECEIVED FROM NON-SynIQ Sports APPLICATIONS, AND ADVICE IS AT YOUR OWN RISK. THE SERVICES HAVE NOT BEEN INDEPENDENTLY VERIFIED OR AUTHENTICATED IN WHOLE OR IN PART BY SynIQ Sports.

      SynIQ Sports EXPRESSLY DISCLAIMS ANY REPRESENTATIONS AND WARRANTIES THAT (I) THE WEB PORTAL OR THE SERVICES WILL OPERATE IN AN ERROR-FREE OR UNINTERRUPTED MANNER; (II) THE WEB PORTAL AND THE ONLINE SERVER THAT MAKES THE WEB PORTAL AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL ELEMENTS; (III) THE WEB PORTAL OR THE SERVICES WILL SATISFY YOUR REQUIREMENTS; (IV) THE RESULTS OBTAINED FROM THE USE OF THE WEB PORTAL OR THE SERVICES WILL BE EFFECTIVE, ACCURATE, OR RELIABLE; (V); SynIQ Sports WILL PREVENT THE UNAUTHORIZED DISCLOSURE OF, UNAUTHORIZED USE OF, UNAUTHORIZED ACCESS TO, MISAPPROPRIATION OF, LOSS OF, OR ALTERATION OF ANY DATA OR INFORMATION, INCLUDING YOUR DATA; OR (VI) ANY ERRORS OR DEFECTS IN THE WEB PORTAL OR THE SERVICES WILL BE CORRECTED. SynIQ Sports DISCLAIMS ANY REPRESENTATION OR WARRANTY THAT THE USE OF THE WEB PORTAL OR THE SERVICES WILL SATISFY, OR ENABLE YOU TO SATISFY, THE REQUIREMENTS OF ANY GOVERNMENT AGENCY, ASSOCIATION, OR OTHER ORGANIZATION.

      NOTHING IN THIS AGREEMENT OR IN ANY ORAL OR WRITTEN DESCRIPTION OF THE WEBSITE OR THE SERVICES SHALL CONSTITUTE A REPRESENTATION OR WARRANTY WITH RESPECT TO THE WEB PORTAL OR THE SERVICES.

    2. No Liability for Damages. UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, TORT, CONTRACT, OR OTHERWISE, SHALL SynIQ Sports OR ANY THIRD PARTY PROVIDING DATA, MATERIALS, SERVICES OR CONTENT TO THE SERVICE BE LIABLE TO YOU OR ANY OR ANY OTHER PERSON FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY CHARACTER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS OR REVENUE OR FAILURE TO REALIZE EXPECTED SAVINGS, LOSS OF GOODWILL, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES ARISING FROM OR CONNECTED WITH THE SERVICE AND THE WEBSITE, INCLUDING BUT NOT LIMITED TO, YOUR USE OF THE WEB PORTAL OR SERVICES OR YOUR INABILITY TO USE THE SERVICE OR ACCESS YOUR ACCOUNT OR ANY DATA, EVEN IF SynIQ Sports HAS PREVIOUSLY BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
    3. Limitation on Liability. SynIQ Sports shall not be liable for any incidental, consequential, indirect, or punitive damages arising out of your access to, or use of, the Web Portal or the Services.

      4. THE SERVICES AND THE WEB PORTAL WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS AND THE LIMITATIONS ON LIABILITY SHALL APPLY TO ALL ASPECTS OF THIS AGREEMENT.

    4. Additional Rights. Certain states and/or jurisdictions do not allow the exclusion of implied warranties or limitation of liability for incidental, consequential or certain other types of damages, so the exclusions set forth in this Section may not apply to you.
    5. Indemnification. You alone are responsible for your actions related to the use of the Web Portal and the Services, the actions of any person or entity acting on your behalf. As such, you shall defend, indemnify and hold SynIQ Sports and its Affiliates and their respective officers, directors, employees, affiliates, agents, licensors, and business partners harmless from and against any and all claims, demands, lawsuits, costs, damages, liabilities, and expenses (including legal fees) incurred, claimed or alleged, relating in any way to: (i) its breach of the Agreement; (ii) its use of the Web Portal or the Services or the use of the website or the Services by any person or acting on your behalf; (iii) the entry, sufficiency, adequacy, accuracy, or timeliness of the Services content or Your Data which forms the basis for making business decisions; and (iv) any claim that Your Data, or the data of any person or entity acting on your behalf, violates the intellectual property rights of any third party or are otherwise defamatory or libelous in the United States.
    6. User Disputes. You agree that you are solely responsible for your interactions with any other user in connection with the Web Portal and the Services, and SynIQ Sports will have no liability or responsibility with respect thereto. SynIQ Sports reserves the right, but has no obligation, to become involved in any way with disputes between you and any other user of the Web Portal or the Services.
  6. CONTRACT PROVISIONS
    1. Relationship. The provisions of this Agreement shall not in any respect whatsoever be deemed to create a partnership, joint venture, principal-agent, or other business combination between SynIQ Sports and you. You shall not represent or imply to any third party that this Agreement authorizes you to act as an agent for or on behalf of us.
    2. Force Majeure. SynIQ Sports shall not be in breach of this Agreement in the event SynIQ Sports is unable to perform any of its obligations under this Agreement as a result of natural disaster, pandemic, weather, war, terrorism, emergency conditions, labor strife, the inoperability of the Internet, the inability to obtain supplies, or other reasons or conditions beyond its reasonable control.
    3. Remedies. Injunctive or other equitable relief shall be a remedy available to SynIQ Sports in the event of a breach of any provision of this Agreement by you; but such remedy shall not be the exclusive remedy available to it.
    4. Limitation on Actions. Regardless of any statute or law to the contrary, any claim or cause of action you may have that arises out of or is related to this Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred.
    5. Notices. Any notices required or permitted to be given to SynIQ Sports under this Agreement shall be sufficient if in writing and personally delivered, sent by certified mail (or, as applicable the foreign equivalent thereof), or sent by express courier (by nationally or internationally recognized courier) to SynIQ Sports office as listed by the Florida Secretary of State. Any notices required or permitted to be given to you under this Agreement shall be sufficient if sent by email to the email address provided by you, regular mail at the address provided by you, or notices on the Web Portal.
    6. Survival. The provisions of this Agreement, which, by their terms, require performance after the termination of this Agreement, or have application to events that may occur after the termination of this Agreement, shall survive the termination of this Agreement.
    7. Assignment and Delegation. You shall not, without SynIQ Sports's prior written consent, assign your rights or delegate your duties under this Agreement.
    8. Waiver. The waiver of any provision or the breach of any provision of this Agreement by SynIQ Sports shall not be effective unless made in writing. Any waiver by SynIQ Sports of any provision or the breach of any provision of this Agreement shall not operate as or be construed to be a continuing waiver of the provision or the breach of the provision.
    9. Governing Law and Forum for Disputes. This Agreement shall be governed by the laws of the State of Florida (without regard to its choice of law principles or rules) in the United States and the applicable laws of the United States. The parties expressly agree that any controversy or disputes arising out of this Agreement, or the breach thereof, will be resolved as described in this Section. The Parties will endeavor to settle such dispute amicably. If the parties shall fail to settle any dispute, such dispute shall be finally settled by binding arbitration conducted in Volusia County, Florida. All arbitration shall be in accordance with the then existing Commercial Arbitration Rules of the American Arbitration Association, and judgment upon the award rendered by the competent jurisdiction to obtain temporary relief pending resolution of the dispute through arbitration. The parties hereby agree that service of any notices in the course of such arbitration at their respective addresses as provided for in this Agreement shall be valid and sufficient. The non-prevailing party shall pay all costs and expenses incurred by the prevailing Party.
    10. Entire Agreement. The terms and conditions herein constitute the entire agreement between you and SynIQ Sports and governs your use of the website and the Services, and supersedes all other prior agreements or understandings, both written and oral, with respect to the subject matter hereof. Should any part of this Agreement be held invalid or unenforceable, that portion shall be construed consistent with applicable law as nearly as possible to reflect the original intentions of the parties and the remaining portions shall remain in full force and effect. This Agreement shall be interpreted as to its fair meaning and not strictly for or against any party. Paragraph or section headings are solely for convenience and are not intended to affect any of the terms or provisions hereof. In the event any portion of this Agreement shall be held to be invalid, the same shall not affect in any respect whatsoever the validity of the remainder of this Agreement, and the portion of this Agreement held to be invalid shall be construed and given lawful effect in a manner that will best achieve the intent and objective of such portion of this Agreement. This Agreement has been prepared in English, and English is the controlling language with respect to all matters concerning this Agreement. Any and all notices or communications related to this Agreement must be in English.
    11. Notice for California users. Under California Civil Code Section 1789.3, users of the Web Portal or the Services from California 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 N 112, Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210. You may contact us at SynIQ Sports Inc., 2665 N. Atlantic Avenue, #401, Daytona Beach, Florida 32118, or by email at info@syniqsports.com.
    12. Questions? Concerns? Suggestions? Please contact us at info@syniqsports.com to report any violations of the terms of this Agreement or to pose any questions regarding this Agreement, the Web Portal, or the Services.