Terms of Service

1. Acceptance of Terms

By accessing or using FencR (operated by Derived Athletics, LLC, "we," "us," or "our"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, you may not use the platform. These Terms apply to all users, including club administrators, coaches, athletes, and parents or guardians acting on behalf of minor athletes.

Electronic records and signatures. By using FencR you consent to transact with us electronically and to receive all agreements, notices, disclosures, and other communications from us in electronic form, whether by email or by posting within the platform. You agree that your electronic acceptances and signatures — including checking a box, clicking a button, and typing your name to sign a club waiver — have the same legal effect as a handwritten signature under the federal E-SIGN Act and comparable state laws. You may withdraw this consent, or request a paper copy of any record, by emailing support@derivedathletics.com; because the platform operates entirely online, withdrawing consent means you can no longer use it. You are responsible for keeping a working email address on file and for having the hardware and software needed to access electronic records.

2. Description of Service

FencR is a multi-tenant club management platform for fencing organizations. It provides tools for:

• Schedule creation and management (private lessons, group sessions, open fencing).
• Member management including athlete profiles, parent–child linking, and role-based access.
• Subscription plan management — recurring plans (with optional per-cycle pack quotas or typed unlimited entitlements) and one-time pre-paid packs that exhaust when consumed and do not auto-renew — and online payment processing via Stripe Connect.
• Invoice creation, delivery, and online payment collection on behalf of connected clubs, including support for clubs that route payments through Zelle as an alternative to card processing.
• Public camp pages with online registration and payment, open to any FencR account holder, including fencers who are not members of the hosting club.
• A club store through which clubs sell physical goods (equipment, merchandise, food and beverage) to their members, with online checkout, inventory tracking, and in-person pickup.
• Club waiver management, including electronic signing and storage of signed waivers.
• In-app and email notifications for invoices, bookings, and account activity.
• Analytics and reporting for club administrators, including revenue breakdowns by line type and coach.
• A public club page for discovery and member sign-up.

Features may evolve over time and we reserve the right to modify or discontinue any part of the service with reasonable notice.

3. Accounts and Eligibility

You must be at least 13 years old to hold a FencR account. Fencers under 13 do not create their own accounts. A parent or legal guardian creates a child profile for them from the parent dashboard, which is the flow in which we obtain verifiable parental consent under COPPA. If you tell us during signup that you are under 13, we will stop the signup and delete the account rather than complete it. Accounts for users between 13 and 18 must be created and supervised by a parent or legal guardian, who accepts these Terms on the minor's behalf.

You are responsible for maintaining the confidentiality of your login credentials and for all activity that occurs under your account. You agree to provide accurate, current, and complete information during registration and to keep it up to date.

You may sign in using an email and password or via Google or Apple OAuth. By using a third-party sign-in method, you authorize FencR to receive your name and email address from that provider.

4. Payments and Billing

FencR processes payments through Stripe Connect on behalf of connected clubs. When a club enables online payments, athletes and parents pay directly to the club's connected Stripe account. Derived Athletics does not hold, pool, or intermediate these funds — all payments go directly from payer to club.

By initiating a payment through FencR, you authorize the applicable charge to your chosen payment method. All fees and prices are set by the individual club or organization, not by Derived Athletics. Refund requests are subject to each club's own refund policy. Derived Athletics is not responsible for disputes between clubs and their members regarding payments.

Plans come in two billing models: recurring subscriptions (monthly, quarterly, or annual as configured by the club) and one-time packs(a single charge that grants a fixed number of credits and does not auto-renew). Recurring subscriptions remain active until cancelled and take effect at the end of the current billing period; recurring "pack" plans reset their credit quota at the start of each new cycle, and unused credits do not roll over. One-time packs are completed when the credits are consumed; the athlete can re-purchase the same pack at any time. Refunds for credits consumed under a club's late-cancellation rules, prorated amounts on cancelled subscriptions, or unused portions of a one-time pack are at the discretion of the issuing club and processed through the club's connected Stripe account.

Zelle payments. Clubs may also elect to accept payments via Zelle by registering one or more Zelle handles (email address or phone number) at the organization or coach level. When Zelle is selected as the payment method for an invoice, FencR renders payment instructions to the payer that include the recipient's Zelle handle and the invoice reference. Zelle transfers occur entirely outside the FencR platform, between the payer's bank and the recipient's bank. FencR does not initiate, intermediate, or settle Zelle transfers, does not have visibility into Zelle transaction status, and relies on the club to manually mark Zelle-paid invoices as paid. Because Zelle transfers occur entirely outside of FencR, FencR has no technical means to confirm whether a Zelle payment has actually been sent, received, or cleared. Clubs are solely responsible for verifying receipt of Zelle funds in their bank account and for marking the corresponding invoice as paid within FencR. Disputes, reversals, or fraud associated with Zelle transactions are governed by the participating banks and Zelle's own terms — not by Derived Athletics.

Camp registrations. Camps published on FencR are hosted and priced by the individual club. Paid camp registrations are collected through the hosting club's connected Stripe account; free registrations are confirmed without payment. Clubs may require approval before a spot is confirmed. Cancellations and refunds for camp registrations are governed by the hosting club's own policies, and any refunds are issued by the club through its Stripe account.

Club store purchases. Products sold through a club's store are sold by the club, not by Derived Athletics. The club is the seller of record and is solely responsible for product descriptions, quality, safety, fulfillment and pickup, returns and exchanges, and the collection and remittance of any applicable sales taxes. FencR provides the storefront, inventory tooling, and payment routing only.

Platform fees. Derived Athletics does not currently charge platform fees on payments processed through FencR. If we introduce a platform fee on a transaction type in the future (for example, camp registrations), the fee will be disclosed before checkout and included in the total shown at the time of payment.

5. Parent and Guardian Accounts

FencR supports a parent portal that allows parents or guardians to manage their minor athlete's memberships, view invoices, and make payments on their behalf. By linking a child's account to yours, you confirm that you are that child's parent or legal guardian and that you accept these Terms on their behalf.

When an invoice is created for a minor athlete, the invoice and payment responsibility is assigned to the linked parent or guardian. Parents will receive invoice notifications by email and in-app and are responsible for timely payment.

6. Waivers and Electronic Signatures

FencR lets a club upload its own waiver, liability release, or participation agreement, collect electronic signatures from members, and store the signed documents. We provide the tooling only.

• The club writes the waiver, and the club is a party to it. Derived Athletics is not a party to any waiver signed through FencR, does not draft, review, or approve waiver content, and takes no position on what any waiver says.
• We make no representation that a waiver is valid or enforceable. Whether a liability release is enforceable — particularly one signed by or on behalf of a minor — depends on the law of the club's jurisdiction and on the document's own terms. Clubs are solely responsible for obtaining legal advice on their waivers and for confirming that electronic signature is an acceptable method where they operate.
• Attribution evidence is limited. A signature record captures the signer's typed name, the account that signed, and the date and time. Consistent with our Privacy Policy, we do not record the IP address a waiver is signed from. Clubs that need stronger identity attribution than this should use a dedicated electronic signature service.
• Clubs are the custodians of their own records. Clubs are responsible for ensuring every participant who needs to sign has signed, for retaining signed waivers for as long as their jurisdiction requires, and for exporting their records before closing their FencR account.

Nothing in this section limits the electronic-records consent you gave in Section 1.

7. User Conduct

You agree not to:

• Use the platform for any unlawful purpose or in violation of any applicable regulations.
• Impersonate another person or entity.
• Upload or transmit content that is harmful, offensive, or infringes third-party rights.
• Attempt to gain unauthorized access to any part of the service or another user's account.
• Reverse-engineer, decompile, or otherwise attempt to extract the source code of the platform.
• Use automated bots or scrapers to access or collect data from the platform.
• Circumvent any billing, access control, or security mechanism of the platform.

8. Club Administrator Responsibilities

Organizations using FencR are responsible for the accuracy of all data they enter, including member information, schedules, and invoices. Club administrators must ensure they have appropriate consent to collect and manage member data in compliance with applicable privacy laws (including COPPA with respect to minors). Derived Athletics acts as a data processor on behalf of club administrators who act as data controllers for their members' information. Clubs subject to the GDPR or UK GDPR may request a written data processing agreement as described in our Privacy Policy.

Club administrators who connect Stripe to accept payments through FencR are entering into a direct relationship with Stripe and must agree to and comply with the Stripe Connected Account Agreement (which incorporates the Stripe Services Agreement). The club is solely responsible for satisfying Stripe's Know Your Customer (KYC) requirements during onboarding, maintaining account good standing, responding to chargebacks and disputes, and complying with all card-network rules. Derived Athletics is not a party to the payment relationship between the club and Stripe and is not responsible for funds held, frozen, or released by Stripe.

9. Third-Party Integrations

FencR offers optional integrations with external services that clubs and individual users may enable. By connecting an integration, you authorize FencR to exchange data with that service on your behalf for the duration of the connection.

• Google Calendar and iCal (user-scoped): Individual users may generate a personal calendar feed token or connect a Google account to sync their FencR schedule to an external calendar. These tokens can be revoked at any time from account settings.
• Zelle (org- or coach-scoped): Clubs and coaches may register Zelle handles to receive payments. FencR stores only the handle (email or phone number) and routing preferences — no banking credentials.

Disconnecting an integration revokes FencR's access tokens and stops further data exchange, but does not retroactively delete data already pushed to the external service. You should manage that data directly with the provider if removal is required.

10. Notifications

FencR sends transactional notifications via email and in-app channels for events including invoice delivery, booking confirmations, and account activity. You may disable email notifications from your account settings. Certain account security and payment notifications cannot be disabled as they are necessary for the operation of the service.

With your explicit consent, FencR may also send marketing emails about product updates, tips, and new features. Marketing consent is opt-in only and can be withdrawn at any time from your account settings. Withdrawing marketing consent has no effect on transactional notifications.

11. Intellectual Property

All content, design, code, and branding associated with FencR are the property of Derived Athletics, LLC or its licensors. You may not copy, reproduce, or distribute any part of the platform without our prior written consent. You retain ownership of any data you input into the platform (schedules, athlete records, invoices, etc.). You grant us a limited, non-exclusive licence to host, store, reproduce, and display that content solely to operate and improve the platform for you.

Copyright complaints. If you believe content on FencR infringes your copyright, send a notice under the Digital Millennium Copyright Act to support@derivedathletics.com with the subject line "DMCA Notice", including: identification of the work, identification of the material and where it appears on FencR, your contact details, a statement that you have a good-faith belief the use is unauthorized, a statement under penalty of perjury that the notice is accurate and you are authorized to act, and your physical or electronic signature. We will remove or disable access to infringing material and will terminate repeat infringers' accounts. If your material was removed in error, you may submit a counter-notice to the same address.

12. Disclaimer of Warranties

FencR is provided "as is" and "as available" without warranties of any kind, either express or implied, including any implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. We do not warrant that the service will be uninterrupted, error-free, or free of vulnerabilities, or that any data will not be lost or corrupted. Your use of the platform is at your sole risk. Some jurisdictions do not allow the exclusion of implied warranties, so parts of this section may not apply to you.

13. Limitation of Liability

To the maximum extent permitted by law, Derived Athletics, LLC shall not be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for any lost profits, lost revenue, lost data, or business interruption, arising out of or related to your use of FencR, even if we have been advised of the possibility of such damages. Our total liability to you for any claim arising out of these Terms or your use of the service shall not exceed the greater of (a) the amount you paid us in the 12 months preceding the claim or (b) $100 USD.

These limitations apply regardless of the legal theory on which a claim is based and even if a limited remedy fails of its essential purpose. Some jurisdictions do not allow the limitation of liability for certain damages, so parts of this section may not apply to you. Nothing in these Terms limits liability that cannot lawfully be limited, including liability for fraud, gross negligence, or willful misconduct.

14. Indemnification by Clubs

Because club administrators act as the data controller for their members' personal information (see §8), each club agrees to defend, indemnify, and hold harmless Derived Athletics, LLC, its officers, employees, and contractors from and against any third-party claims, damages, liabilities, losses, settlements, fines, or expenses (including reasonable attorneys' fees) arising out of or related to:

• The club's collection, use, retention, sharing, or deletion of member data, including failure to obtain required parental or member consent.
• The club's violation of applicable laws, including COPPA, FERPA, CCPA/CPRA, GDPR, or any other privacy, consumer-protection, or anti-spam law.
• The accuracy of invoices, fees, refunds, or other financial information the club enters into FencR, including disputes between the club and its members.
• The club's connection to or use of third-party services through FencR (Stripe, Zelle, Google Calendar, etc.), including any breach of the third party's terms.
• The club's misrepresentation of its identity, authority, or non-profit / tax status.
• The content, adequacy, or enforceability of any waiver or liability release the club administers through FencR, and any injury or loss occurring at the club's sessions, camps, or facilities.
• Any product the club sells through its FencR store, including product safety, fulfillment, and sales-tax obligations.

This indemnity is in addition to, and does not limit, any other remedies available to Derived Athletics. Derived Athletics will give the club prompt notice of any claim subject to indemnification and may, at its option, participate in the defense at its own expense.

15. Dispute Resolution, Arbitration, and Class Action Waiver

Please read this section carefully. It affects your legal rights, including your right to file a lawsuit in court and to have disputes heard by a jury.

a. Informal resolution first

Before starting an arbitration or any other proceeding, you agree to try to resolve the dispute informally by emailing support@derivedathletics.com with a description of the dispute and the relief you seek. We will do the same for any dispute we have with you. If the dispute is not resolved within 60 days, either party may begin arbitration. This step is a genuine condition of starting arbitration, and the 60-day period tolls any applicable limitation period.

b. Agreement to arbitrate

Except for the claims carved out in subsection (d), you and Derived Athletics, LLC agree that any dispute, claim, or controversy arising out of or relating to these Terms, the Privacy Policy, or your use of FencR will be resolved by binding individual arbitration rather than in court. This agreement is governed by the Federal Arbitration Act.

The arbitration will be administered by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules, available at adr.org. The arbitration will take place in the county where you live, or by telephone or video conference, or — if the parties agree — on written submissions alone. A single arbitrator will decide the dispute and may award the same individual relief a court could. Where the AAA Consumer Arbitration Rules require us to pay the bulk of the filing and arbitrator fees, we will do so; if the arbitrator finds your claim frivolous, fees may be reallocated as those rules permit.

c. Class action and jury trial waiver

You and Derived Athletics each waive the right to a trial by jury and the right to participate in a class, collective, consolidated, or representative action. Claims may be brought only in your or our individual capacity, and the arbitrator may not consolidate more than one person's claims or preside over any form of class or representative proceeding. If this subsection (c) is found unenforceable as to a particular claim or request for relief, then that claim or request — and only that one — will be severed from the arbitration and brought in the courts identified in Section 16, while all remaining claims proceed in arbitration.

d. What is not covered

Either party may (i) bring an individual claim in small-claims court if it qualifies, and (ii) seek injunctive or other equitable relief in court to stop unauthorized use, infringement, or misuse of intellectual property. Nothing here prevents you from reporting a matter to a government agency or, where the law gives you a non-waivable right to a judicial forum, from using it.

e. Your right to opt out

You may opt out of this arbitration agreement. Send an email to support@derivedathletics.com with the subject line "Arbitration Opt-Out", including your name and the email address on your account, within 30 days of first accepting these Terms. Opting out affects nothing else in these Terms, and we will not retaliate or restrict your access to FencR because you opted out. If you opt out, disputes will be resolved in the courts identified in Section 16.

f. Changes to this section

If we materially change this Section 15 after you accept it, you may reject the change by emailing us within 30 days of the change taking effect, and the version you originally accepted will continue to govern disputes between us.

16. Governing Law and Venue

These Terms are governed by and construed in accordance with the laws of the State of Delaware, without regard to conflict of law principles. For any dispute not subject to arbitration under Section 15, you and Derived Athletics consent to exclusive jurisdiction and venue in the state or federal courts located in Delaware, and each party waives any objection to that venue as inconvenient.

If you are a consumer, this choice of law does not deprive you of the protection of any mandatory consumer-protection provisions of the law of the place where you live.

17. Termination

We reserve the right to suspend or terminate your account at any time for violation of these Terms or for any other reason at our discretion, with or without notice. You may delete your account at any time from your account settings. Upon termination, your right to use the platform ceases immediately. Billing records and de-identified financial data may be retained for legal and accounting compliance, as described in the Privacy Policy.

Sections that by their nature should survive termination do survive it, including Sections 11 through 16 and 18 through 19.

18. Changes to Terms

We may update these Terms from time to time. Each version carries a version identifier and effective date at the top of this page, and we record which version you accepted when you created your account. We will notify you of material changes by email or in-app notice before they take effect and will post the new Terms here. Continued use of the platform after a change takes effect constitutes your acceptance of the revised Terms. If you do not agree to a change, your remedy is to stop using FencR and delete your account.

19. General Provisions

• Severability. If any provision of these Terms is held invalid, illegal, or unenforceable, that provision will be enforced to the maximum extent permissible and the remaining provisions will remain in full force and effect. The specific severability rule in Section 15(c) governs the class action waiver.
• Entire agreement. These Terms, together with the Privacy Policy and the Children's Privacy Notice, are the entire agreement between you and Derived Athletics regarding FencR and supersede all prior understandings on that subject.
• No waiver. Our failure to enforce any provision is not a waiver of our right to enforce it later. A waiver is effective only if given in writing.
• Assignment. You may not assign or transfer these Terms without our prior written consent. We may assign them to an affiliate or in connection with a merger, acquisition, reorganization, or sale of assets. Any attempted assignment in breach of this provision is void.
• Force majeure. Neither party is liable for any delay or failure to perform caused by events beyond its reasonable control, including acts of God, natural disasters, war, terrorism, civil unrest, labor disputes, epidemics, power or internet failures, and acts or omissions of upstream service providers.
• Notices. We may give you notice by email to the address on your account, or by posting within the platform; such notice is effective when sent or posted. You must give us notice by email to support@derivedathletics.com, effective when we acknowledge receipt.
• Relationship of the parties. Nothing in these Terms creates a partnership, joint venture, agency, or employment relationship between you and Derived Athletics.
• No third-party beneficiaries. These Terms do not confer rights on anyone other than you and Derived Athletics.
• Headings. Section headings are for convenience only and do not affect interpretation.
• Export and sanctions. You represent that you are not located in, or a national of, any country subject to a US embargo, and that you are not on any US government restricted-party list.

20. Contact

If you have any questions about these Terms, please contact us at support@derivedathletics.com.