Terms of Service

Version 1.0 | Effective Date: November 10, 2026 | Last Updated: November 10, 2026

1. Agreement and Parties

These Terms of Service ("Terms") are a binding agreement between you and FreeGame360, LLC ("FreeGame360," "we," "us," or "our"), 8400 Normandale Lake Blvd., Suite 920, Bloomington, MN 55437. FreeGame360, LLC is the company of record that owns and operates the Platform and is the only FreeGame entity that is a party to these Terms. FreeGame360, LLC is separate from FreeGame LLC (athlete representation and marketing) and FreeGame Ventures, and neither of those entities has any rights or obligations under these Terms.

By creating an account, checking an acceptance box, or accessing or using the Platform, you agree to these Terms and our Privacy Policy, which is incorporated by reference, and you give the consents and authorizations in Section 4. If you do not agree, do not use the Platform. If you accept on behalf of a Minor or an organization, you represent that you have authority to do so, and "you" includes that Minor or organization.

2. Definitions

Capitalized terms not defined in these Terms have the meanings given in the Privacy Policy, including Personal Data, Athlete Data, Sensitive Personal Data, Derived Data, Inferences, Predictive Analytics, Predictive Outputs, De-identified Data, Aggregated Data, Data Collective, Data Licensee, Minor, and Child. In addition:

• "Platform" has the meaning given in the Privacy Policy and includes all websites, applications, features, assessments, AI tools, APIs, content, and services offered by FreeGame360.
• "User Content" means all information, data, text, photos, videos, audio, documents, and other material that you or your Parent submit, upload, input, connect, or create on or through the Platform, including your answers to assessments and your preference selections.
• "Platform Data" means all Derived Data, Inferences, Predictive Outputs, De-identified Data, Aggregated Data, usage and telemetry data, and all compilations, databases, datasets, benchmarks, scores, indices, algorithms, models, model weights, features, and embeddings created by or for FreeGame360, in each case excluding your User Content in its original, identifiable form.
• "Program User" means a coach, recruiter, scout, staff member, or other representative of a school, college, university, club, team, league, or other athletic organization who uses the Platform.
• "Parent" means a parent or legal guardian of a Minor.
• "Business Transfer" means any merger, acquisition, financing, reorganization, bankruptcy, change of control, or sale or transfer of all or part of FreeGame360's business or assets.

3. Eligibility and Parental Consent

• You must be at least 13 years old to use the Platform. No one under 13 may create an account.
• If you are a Minor (at least 13 years old but younger than 18, or under the age of majority where you live), you may use the Platform only if your Parent has reviewed and agreed to these Terms and the Privacy Policy through the parent verification process described in Section 4. Your Parent agrees to these Terms on their own behalf and on your behalf and is responsible for your use of the Platform.
• Program Users must be at least 18 and must be authorized by their organization to use the Platform.
• You represent that all registration information you provide is true, accurate, and complete, and you will keep it updated.

4. Your Consent and Authorizations (One-Click Acceptance)

This Section applies to Athletes and Parents. Program Users accept these Terms and the Privacy Policy through a separate acceptance box at sign-up and do not give the consents in this Section. You accept these Terms and the Privacy Policy and give every consent and authorization in this Section 4, by checking a single acceptance box at sign-up (the "Acceptance Box"). You do not need to check any other box to use the Platform. Please read this Section carefully before you accept. If you are a Minor, you check a separate box at sign-up confirming that your Parent will review and accept these Terms and the Privacy Policy, and your Parent gives the consents and authorizations in this Section on your behalf as described under “Parent Acceptance for Minors” below.

4.1 What You Authorize

By checking the Acceptance Box, you (and, for a Minor, the Parent on the Minor's behalf) expressly consent to and authorize FreeGame360, LLC to:

• Platform Processing: collect and Process all categories of Personal Data described in Section 3 of the Privacy Policy (other than Wellness Data, which is covered by Section 4.3), including Identity and Account Data, Profile Data, Performance Data, Academic Data, Recruiting Data, Preference Data, Assessment Data, Commercial and NIL Data, User Content, AI Interaction Data, Outcome Data, Device and Technical Data, Usage and Interaction Data, and Derived Data and Inferences, to provide the Platform, including generating FitScores, TotalFit scores, matches, benchmarks, and Predictive Outputs about you, and profiling as described in the Privacy Policy.
• Program Visibility: make your profile, Athlete Data, and Outputs visible to, and share them with, Programs and Program Users according to your visibility settings. For Athletes 18 or older, your profile is visible to Programs by default and you can hide it or limit it at any time. For Minors, visibility stays off until a Parent verifies their identity and turns it on.
• Research, Predictive Analytics, and AI Model Development: use your Personal Data and Athlete Data, and all changes to that data over time, to conduct Predictive Analytics, research, and longitudinal studies, and to build, train, fine-tune, test, and improve FreeGame360's algorithms, statistical models, machine-learning models, and artificial-intelligence models, including large language models.
• Long-Term Journey Tracking: keep collecting and updating Outcome Data about your athletic, academic, and career path from you and from public sources, and email you follow-up surveys, including after you stop actively using the Platform.
• De-identified and Aggregated Data: create De-identified Data and Aggregated Data from your Personal Data, and use, license, and sell it for any lawful purpose, including by contributing it to a Data Collective.
• Data Collective and Data Licensing (Athletes 18 or older only): sell, license, and make available your name, graduation year, and school or team, together with your Profile Data, Performance Data, Academic Data, Recruiting Data, Preference Data, Assessment Data, Commercial and NIL Data, Outcome Data, and Derived Data and Inferences, to the Data Collective and Data Licensees (which may include research institutions, Programs, leagues, governing bodies, sports-technology and analytics companies, media companies, and brands), subject to written contracts requiring them to protect your data and use it lawfully. This does not include Sensitive Personal Data or the identifiable Personal Data of any Minor.
• Marketing Email: send you FreeGame360 news, education content, product updates, and offers by email.
• Electronic Records and Signatures: treat your click on the Acceptance Box as your electronic signature under the federal E-SIGN Act and applicable state law, with the same force as a handwritten signature, and provide these Terms, the Privacy Policy, and related notices to you electronically.
• Limits for Minors: for a Minor, FreeGame360 does not use the Minor's Personal Data for Research, Predictive Analytics, and AI Model Development, Long-Term Journey Tracking, or Marketing Email, or to create De-identified Data or Aggregated Data for licensing, sale, or a Data Collective, unless the Minor separately agrees in the Minor's Privacy & Consent settings. Declining does not affect the Minor's use of the Platform, and the Minor may withdraw agreement at any time as easily as it was given.

4.2 Parent Acceptance for Minors

If the Athlete is a Minor, a Parent must check the Acceptance Box on the verification page linked in the email FreeGame360 sends to the Parent. By doing so, the Parent represents that the Parent is the Minor's parent or legal guardian with legal authority to act for the Minor, provides the Parent's name, relationship to the Athlete, and contact information, and agrees to these Terms and the Privacy Policy on the Parent's own behalf and on the Minor's behalf. The Parent may review, correct, download, or delete the Minor's data and change any of the Minor's privacy choices at any time, including through the link FreeGame360 emails to the Parent or by emailing legal@fg-360.com.

When the Athlete turns 18, the Athlete will be asked to accept these Terms and the Privacy Policy in the Athlete's own name, and the Athlete's identifiable data will not be Sold before that acceptance. Personal Data collected while the Athlete was a Minor will not be Sold, even after that acceptance.

4.3 Permissions Requested Only If You Use the Feature

Some laws require certain permissions to be given separately and at the time of collection, not bundled into general terms. FreeGame360 therefore does not include the following in the Acceptance Box. Instead, you will see a single, separate prompt only if and when you choose to use the feature, and you can use the rest of the Platform without them:

• Wellness Data: when you first add health, injury, recovery, or wellness information or connect a wearable or other device.
• Text Messages: when you add a mobile number and choose to receive texts. Consent to texts is never a condition of any purchase or use of the Platform.
• Affiliate Sharing (Athletes 18 and older only): only if you ask FreeGame360 to share your profile with FreeGame LLC (FreeGame's athlete representation business). Using FreeGame360 does not make you a FreeGame LLC client.
• AI Insights and AI Assistant: when you first turn on AI insights or the AI assistant, which use a third-party AI provider.

4.4 Your Controls

You can change your choices at any time, in your account's Privacy & Consent settings or by emailing legal@fg-360.com with the subject "Consent Change." You may: hide or limit your profile; opt out of the Sale of your Personal Data using the "Do Not Sell or Share My Personal Information" link in the Platform footer or by sending a Global Privacy Control signal; opt out of research use of your identifiable data; opt out of Long-Term Journey Tracking; unsubscribe from marketing email; and withdraw any permission given under Section 4.3. Changes apply going forward and do not affect Processing that occurred before the change, De-identified or Aggregated Data already created, or models already trained. Withdrawing your acceptance of these Terms requires closing your account.

4.5 Record of Acceptance

FreeGame360 keeps a record of each acceptance and each later choice, including the version of these Terms and the Privacy Policy accepted, the date and time, the account, the person who accepted (including a Parent), and the device or IP address used.

5. Accounts

You are responsible for keeping your log-in credentials confidential and for all activity under your account. Notify us immediately at legal@fg-360.com of any unauthorized use. You may not share, sell, or transfer your account. We may suspend or refuse accounts that violate these Terms.

6. The Platform; Beta Features

FreeGame360 provides a data, development, and decision-support platform for athletes, their families, and Programs, including fit scoring, matching, benchmarking, education, AI assistance, and Predictive Analytics. Some features are offered as beta, pilot, preview, or early-access features ("Beta Features"). Beta Features are provided as-is, may be changed or discontinued at any time, and may contain errors. We may modify, add, or remove any part of the Platform at any time.

7. Scores, Predictions, and AI Outputs are Not Guarantees or Advice

• FitScores, TotalFit scores, matches, rankings, benchmarks, market comparisons, Predictive Outputs, AI assistant responses, and all other Derived Data (collectively, "Outputs") are informational estimates generated from available data using statistical methods, algorithms, and artificial intelligence. Outputs may be incomplete, outdated, or inaccurate.
• Outputs are not guarantees or promises of recruitment, admission, scholarship, roster spot, playing time, eligibility, transfer outcome, compensation, NIL value, professional opportunity, or any other result.
• FreeGame360 is not an athlete agent, sports agent, NIL agent, financial advisor, lawyer, doctor, athletic trainer, or compliance office, and does not provide legal, medical, financial, tax, eligibility, or compliance advice. Nothing on the Platform creates an agency, representation, fiduciary, or advisory relationship. Use of the Platform does not make you a client of FreeGame LLC or any other FreeGame entity.
• You are solely responsible for your decisions and for complying with all recruiting, eligibility, amateurism, and NIL rules that apply to you, including NCAA, NAIA, NJCAA, conference, state high school association, and state law rules. Consult your school's compliance office before acting on any NIL or recruiting matter.
• Outputs from Wellness Data are not medical advice or diagnosis. Always consult a qualified health professional.
• By creating an account, you acknowledge that FreeGame360 makes no guarantee of a particular outcome.
• You assume the risk for yourself or your minor child associated with communicating with other users through the interface.
• FreeGame360 cannot guarantee that other users, Programs, or third parties will comply with those laws.

8. Your Content and Your Data

• You own your User Content. As between you and FreeGame360, you retain ownership of your User Content.
• License to operate and improve the Platform. You grant FreeGame360 a worldwide, non-exclusive, royalty-free, fully paid, transferable (in connection with a Business Transfer), and sublicensable (to our service providers and, as you direct, to Programs) license to host, store, copy, reproduce, process, analyze, adapt, modify, format, translate, combine with other data, create derivative works from, display, perform, transmit, and distribute your User Content, in any media now known or later developed, for the purposes of (a) providing, maintaining, securing, personalizing, and improving the Platform; (b) conducting Predictive Analytics, research, and product development; (c) building, training, testing, and improving algorithms and models; (d) creating De-identified Data, Aggregated Data, and other Platform Data; (e) making your User Content available to Programs and others according to your settings and consents; and (f) any other purpose described in the Privacy Policy or authorized in Section 4.
• Term of license. The license in the preceding paragraph as to identifiable User Content continues until you delete that User Content or your account, except (i) as needed to complete a request, comply with law, or resolve disputes; (ii) for backups deleted in the ordinary course; and (iii) for copies already disclosed to Programs or others with your consent before deletion.
• De-identified and Aggregated Data. You agree that FreeGame360 may create De-identified Data and Aggregated Data from your User Content and Personal Data. To the extent you have any rights in such data, you grant FreeGame360 a perpetual, irrevocable, worldwide, royalty-free, fully paid, transferable, and sublicensable license to use, reproduce, modify, create derivative works from, commercialize, license, sell, and distribute it for any lawful purpose, which survives termination of these Terms and deletion of your account.
• Data Collective. As described in Section 4 and the Privacy Policy, FreeGame360 may Sell or license identifiable Personal Data of Athletes 18 or older to a Data Collective or Data Licensee unless the Athlete opts out. This does not include Sensitive Personal Data or the identifiable Personal Data of any Minor.
• Your representations. You represent that you own or have all rights necessary to submit your User Content and grant these licenses; that your User Content is accurate to the best of your knowledge; and that it does not infringe or violate any third party's rights or any law. If you submit information about another person (for example, a teammate), you represent that you have the right to do so. If you upload a photo or video that shows another person, you represent that you have any consent the law requires from that person (and from a parent or guardian if that person is a Minor), and that you have the right to use any game film or other footage owned by a school, team, league, or film service.
• Separate data agreements. If you enter into a Data Release and Usage Agreement or other separate agreement with FreeGame360 that provides for payment or other consideration for data, that agreement governs to the extent of any conflict with this Section.

9. FreeGame360's Ownership of Platform Data and the Platform

FreeGame360 and its licensors exclusively own all right, title, and interest, including all intellectual property rights, in and to the Platform and all Platform Data, including all improvements, enhancements, and derivative works, regardless of whether created using your User Content. To the extent you have or acquire any rights in Platform Data, you assign those rights to FreeGame360. This does not transfer ownership of your original User Content, and your privacy rights over identifiable Derived Data and Inferences about you (including access, correction, and deletion) are preserved as described in the Privacy Policy.

10. Feedback

If you provide suggestions, ideas, or feedback about the Platform ("Feedback"), you grant FreeGame360 a perpetual, irrevocable, worldwide, royalty-free, unrestricted license to use and exploit that Feedback for any purpose without compensation or attribution.

11. Program Users

If you are a Program User, you also agree that you will:

• access and use Athlete Data only for legitimate evaluation, recruiting, development, and roster purposes of your Program, and only as permitted by the Athlete's visibility settings;
• not sell, license, redistribute, publish, export in bulk, scrape, or share Athlete Data with any third party, including other programs, recruiting services, agents, boosters, or collectives;
• not use Athlete Data to make any unlawful or discriminatory decision, or to contact any Athlete in violation of applicable recruiting rules, contact periods, or dead periods;
• keep Athlete Data confidential and secure, and delete exported data when no longer needed for the permitted purpose; and
• comply with any separate institutional agreement between your organization and FreeGame360, which controls in the event of conflict.

12. Acceptable Use

You will not, and will not allow anyone else to: (a) violate any law or third-party right; (b) submit false, misleading, or impersonating information; (c) upload malware or harmful code; (d) access or attempt to access accounts, data, or systems you are not authorized to access; (e) use robots, spiders, scrapers, crawlers, scripts, or other automated means to access, collect, or copy the Platform or its data without our written permission; (f) reverse engineer, decompile, or attempt to derive source code, models, weights, scoring logic, or training data, except as permitted by law; (g) use the Platform or Outputs to build a competing product, dataset, or model; (h) manipulate, game, or artificially inflate scores, rankings, or profile metrics; (i) harass, threaten, or exploit any person, especially a Minor; (j) frame, mirror, or use our trademarks, meta tags, or hidden text without permission; (k) interfere with or disrupt the Platform or its security; (l) resell or commercially exploit the Platform without our written consent; or (m) participate in the sexual abuse or sexual exploitation of minors.

If an intimate image or video of you was posted on the Platform without your consent, you (or someone authorized to act for you) may ask us to remove it by emailing legal@fg-360.com with the subject "Removal Request" and identifying the content. We will remove the content within 48 hours of a valid request and make reasonable efforts to remove known identical copies.

13. Fees, Subscriptions, and Automatic Renewal

• Some features require a paid subscription or purchase. Prices, features, and billing terms are presented before you purchase.
• If you are a Minor, you may not make purchases or subscribe through the Platform yourself. Only your Parent may purchase a subscription or make other purchases on your behalf.
• Automatic renewal. Paid subscriptions automatically renew at the end of each billing period at the then-current price unless you cancel before the renewal date. We will send reminder notices as required by law. You may cancel online at any time in your account settings; cancellation takes effect at the end of the current billing period.
• Except where required by law, payments are non-refundable. We may change prices with at least 30 days' notice before the change applies to your next renewal.
• If you buy a subscription or make another purchase through the Apple App Store or Google Play, that app store processes the payment, the purchase is also subject to the app store's terms, and any refund request must be made through that app store.
• You authorize us and our payment processor to charge your payment method for all fees and applicable taxes.

14. Intellectual Property; Text and Data Mining Reservation

The Platform, including all software, text, graphics, logos, designs, trademarks (including FreeGame360, FitScore, and TotalFit), data compilations, and other content (excluding your User Content), is owned by FreeGame360 or its licensors and protected by intellectual property laws. We grant you a limited, revocable, non-exclusive, non-transferable license to access and use the Platform for your personal, non-commercial use (or, for Program Users, your Program's internal use) in accordance with these Terms. FreeGame360 expressly reserves all rights to use its works and data for text and data mining, including under Article 4(3) of Directive (EU) 2019/790, and no third party may perform text or data mining on the Platform without our express written consent.

15. Third-Party Services

The Platform may integrate with or link to third-party services (such as wearables, video services, social media, and payment processors). Your use of those services is governed by their terms. FreeGame360 is not responsible for third-party services.

16. Electronic Communications and Signatures

You consent to receive agreements, notices, disclosures, and other communications from us electronically, by email or through the Platform, and agree they satisfy any legal requirement that they be in writing. You agree that checking a box, clicking a button, or typing your name constitutes your electronic signature under the federal E-SIGN Act and applicable state law.

17. Disclaimer of Warranties

TO THE FULLEST EXTENT PERMITTED BY LAW, THE PLATFORM, OUTPUTS, AND ALL CONTENT ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTIES OF ANY KIND, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, AND UNINTERRUPTED OR ERROR-FREE OPERATION. FREEGAME360 DOES NOT WARRANT THAT ANY OUTPUT IS ACCURATE, COMPLETE, OR WILL PRODUCE ANY RESULT.

18. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW: (A) FREEGAME360 WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR ANY LOSS OF OPPORTUNITIES, SCHOLARSHIPS, PROFITS, REVENUE, DATA, OR GOODWILL, ARISING FROM OR RELATED TO THE PLATFORM OR THESE TERMS, EVEN IF ADVISED OF THE POSSIBILITY; AND (B) FREEGAME360'S TOTAL LIABILITY FOR ALL CLAIMS ARISING FROM OR RELATED TO THE PLATFORM OR THESE TERMS WILL NOT EXCEED THE GREATER OF (1) THE AMOUNTS YOU PAID TO FREEGAME360 IN THE 12 MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM, OR (2) ONE HUNDRED U.S. DOLLARS ($100). THESE LIMITATIONS DO NOT APPLY TO LIABILITY THAT CANNOT BE LIMITED UNDER APPLICABLE LAW, INCLUDING FOR GROSS NEGLIGENCE, WILLFUL MISCONDUCT, OR FRAUD.

19. Indemnification

To the extent permitted by law, you (and, for a Minor, the Parent) will defend, indemnify, and hold harmless FreeGame360 and its members, managers, officers, employees, contractors, and agents from any claims, damages, losses, and expenses (including reasonable attorneys' fees) arising from your User Content, your violation of these Terms, or your violation of any law or third-party right. Program Users' organizations are responsible for their Program Users' compliance with Section 11.

20. Term and Termination

These Terms apply while you use the Platform. You may stop using the Platform and delete your account at any time in your account settings. We may suspend or terminate your access at any time if you violate these Terms, if required by law, or if we discontinue the Platform, with notice where practicable. Upon termination, your license to use the Platform ends, and we will handle your Personal Data as described in the Privacy Policy. Sections 2, 4.5, 7, 8 (as to De-identified and Aggregated Data), 9, 10, 12, and 14 through 24 survive termination.

21. Dispute Resolution; Binding Arbitration; Class Action Waiver

• Informal resolution first. Before filing any claim, you and FreeGame360 agree to try to resolve the dispute informally for at least 60 days. Send a written notice describing the dispute and the relief requested to legal@fg-360.com (for FreeGame360) or to the email on your account (for you).
• Binding individual arbitration. Any dispute, claim, or controversy arising out of or relating to these Terms, the Privacy Policy, or the Platform will be resolved by binding individual arbitration administered by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules. For individual users, FreeGame360 will pay all AAA filing, administration, and arbitrator fees in excess of the fee you would pay to file in court. The arbitrator may award any individual relief available in court. The arbitration will take place in Hennepin County, Minnesota, or, at your election, by video conference or in the county where you reside.
• Exceptions. Either party may bring an individual claim in small claims court, and either party may seek injunctive relief in court for infringement or misuse of intellectual property or data.
• Class action waiver. YOU AND FREEGAME360 AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS, COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING.
• Mass filings. If 25 or more similar demands are filed by or with the assistance of the same counsel or coordinated parties, they will be administered in batches under the AAA's mass arbitration procedures.
• 30-day opt-out. You may opt out of this arbitration agreement by emailing legal@fg-360.com with the subject "Arbitration Opt-Out" within 30 days after you first accept these Terms (or, for a Minor, within 30 days after turning 18).
• Severability. If the class action waiver is found unenforceable as to any claim, that claim will proceed in court under Section 22 and not in arbitration.

22. Governing Law and Venue

These Terms are governed by the laws of the State of Minnesota, without regard to conflict-of-law principles, and by the Federal Arbitration Act. For any claim not subject to arbitration, you and FreeGame360 consent to the exclusive jurisdiction and venue of the state and federal courts located in Hennepin County, Minnesota. Nothing in these Terms limits any non-waivable consumer protection rights under the law of your state of residence.

23. Changes to These Terms

We may update these Terms from time to time. We will post the updated Terms with a new "Last Updated" date and, for material changes, notify you by email or in the Platform at least 30 days before the changes take effect. Continued use after the effective date constitutes acceptance. Material changes to Section 21 will not apply to disputes of which we had notice before the change.

24. General

These Terms, together with the Privacy Policy, the FreeGame360 Opt-In, and any separate written agreement between you and FreeGame360, are the entire agreement between you and FreeGame360 regarding the Platform and supersede all prior agreements. If these Terms conflict with the Opt-In, these Terms control. If any provision is found unenforceable, it will be modified to the minimum extent necessary and the remaining provisions will remain in effect. Our failure to enforce any provision is not a waiver. You may not assign these Terms without our consent; we may assign them in connection with a Business Transfer. There are no third-party beneficiaries. For residents of New Jersey, any provision of these Terms that limits remedies or disclaims liability applies only to the extent permitted by New Jersey law, including the Truth-in-Consumer Contract, Warranty and Notice Act.

25. Contact