FencR

Effective Date: December 10, 2024

Last Updated: July 7, 2025

Company: Derived Athletics LLC

Address: Arizona, United States

Contact: fencr@derivedathletics.com

1. Acceptance of Terms

By creating an account, using the FencR platform ("Service"), or joining our waitlist, you agree to be bound by these Terms of Service ("Terms") and our Privacy Policy. If you do not agree to these terms, do not use our Service.

2. Eligibility and Age Requirements

You must be at least 16 years old to create an account or use FencR. We do not knowingly collect information from anyone under 16. If you are 16 or 17, we recommend parental guidance when using our platform.

By using our Service, you represent that you meet the age requirements and have the legal capacity to enter into this agreement.

3. Account Registration and Security

When creating an account, you agree to:

Provide accurate and complete information
Keep your login credentials confidential and secure
Notify us immediately of any unauthorized access
Accept responsibility for all activities under your account
Maintain only one account per person

4. Platform Services and Features

Core Features

FencR provides:

Performance Tracking: Log training sessions, competition results, and rate exertion/recovery scores
Video Management: Upload, store, and analyze fencing videos
Analytics: Performance insights, trend analysis, and personalized recommendations
Club Management: Create and manage fencing clubs and teams (coaches only)
Coach-Athlete Tools: Performance tracking, video analysis, and progress monitoring

User Roles

Fencers: Can track personal performance, upload videos, join clubs, and work with coaches
Coaches: Can create clubs, manage athletes, provide feedback, and access advanced analytics

5. Acceptable Use Policy

Permitted Uses

You may use FencR to:

Upload and share fencing-related video content
Track your fencing performance and training progress
Collaborate with coaches and club members
Analyze technique and performance data
Participate in coaching-fencer communication and club activities

Prohibited Activities

You may NOT:

Upload harmful, offensive, or illegal content
Infringe on intellectual property rights
Share another person's videos without permission
Attempt to access other users' private data
Reverse engineer or attempt to hack the platform
Use the platform for commercial purposes without authorization
Create false accounts or impersonate others
Spam, harass, or abuse other users

6. Subscription Plans and Billing

Plan Types

Free Plans: Limited storage, basic features, YouTube links only
Pro Plans: Video uploads, advanced analytics, increased storage.
Coach Plans: Club management, student tracking, bulk member management

Billing Terms

Subscriptions are processed through Stripe and subject to their terms
Billing occurs monthly unless cancelled
You can cancel anytime; access continues until the end of your billing period
No refunds for partial months, but you retain access until period end
Free plan access resumes automatically after Pro cancellation

7. Content and Intellectual Property

Your Content

You retain ownership of videos, performance data, and other content you upload. By using FencR, you grant us a limited license to store, process, and display your content for platform functionality only.

Platform Content

All platform features, design, analytics algorithms, and other platform elements are owned by Derived Athletics and protected by intellectual property laws.

Privacy and Sharing

Your content is private by default
You control what content to share with coaches or club members
Coaches can only access data you explicitly share with them
We never share your content with third parties without permission

8. Data Usage and Analytics

By using FencR, you understand that we process your performance data to provide:

Personal performance insights and trends
Recovery and training recommendations
21-day rolling analysis (Pro feature)
Platform improvements and feature development

All data processing is described in detail in our Privacy Policy.

9. Privacy and Data Protection

Your privacy is important to us. Our comprehensive Privacy Policy explains:

What data we collect and why
How we protect and store your information
Your rights regarding your data
How to request data deletion or export

By using FencR, you agree to our data practices as outlined in our Privacy Policy.

10. Termination and Account Deletion

Your Right to Terminate

You may delete your account at any time through your account settings. Upon deletion:

Your videos and performance data will be permanently deleted within 30 days
Your subscription will be cancelled (no refund for partial periods)
Club memberships will be terminated
Some data may be retained for legal compliance as described in our Privacy Policy

Our Right to Terminate

We may suspend or terminate your account for:

Violation of these Terms
Fraudulent or illegal activity
Abuse of other users or platform features
Non-payment of subscription fees

11. Disclaimers and Limitation of Liability

To the maximum extent permitted by law, Derived Athletics LLC ("FencR"), its affiliates, officers, employees, agents, partners, and licensors shall not be liable for any indirect, incidental, special, consequential, punitive, or exemplary damages, including but not limited to:

loss of profits,
loss of data,
loss of use
goodwill, or
other intangible losses

resulting from (a) your use of or inability to use the Service; (b) any conduct or content of any third party on the Service; (c) any unauthorized access, use, or alteration of your content or data; or (d) any other matter relating to the Service.

In no event shall our total liability exceed the greater of:

(i) the total amount you paid to us for the Service in the twelve (12) months prior to the event giving rise to the claim; or
(ii) one hundred dollars (USD $100), if no payments have been made.

12. Modifications to Terms

We may update these Terms periodically. We will notify you of material changes by email and through the platform. Continued use after changes constitutes acceptance of the updated Terms.

13. Governing Law and Disputes

These Terms are governed by the laws of Arizona, United States. Any disputes will be resolved through binding arbitration in Arizona, except where prohibited by law.

14. Contact Information

For questions about these Terms, contact us at:

Email: fencr@derivedathletics.com
Company: Derived Athletics LLC
Address: Arizona, United States

15. Data Protection Rights (GDPR)

If you are located in the EU/EEA, you have additional rights under GDPR:

Access: Request copies of your personal data
Rectification: Request correction of inaccurate data
Erasure: Request deletion of your data ("right to be forgotten")
Portability: Receive your data in machine-readable format
Restriction: Limit how we process your data
Objection: Object to processing based on legitimate interests
Withdraw Consent: Withdraw consent for voluntary data processing
Supervisory Authority: File complaints with your local data protection authority

To exercise these rights, contact us at fencr@derivedathletics.com with subject line "GDPR Request" or within the contact form in the application. We will respond within 30 days.

16. Legal Basis for Data Processing

We process your data based on:

Contract: To provide services outlined in these Terms
Legitimate Interest: Platform security, fraud prevention, and service improvement
Consent: Marketing communications and optional analytics
Legal Obligation: Compliance with applicable laws

17. International Data Transfers

FencR operates from the United States. If you access our platform from outside the U.S., your data will be transferred to and processed in the United States. We implement appropriate safeguards for international transfers in compliance with applicable data protection laws.

18. Children's Privacy Protection

We are committed to protecting children's privacy:

No accounts for users under 16
Immediate deletion of any accidentally collected under-16 data
Parents can report suspected underage accounts to fencr@derivedathletics.com
We recommend parental supervision for users 16-17

19. Indemnification

You agree to indemnify, defend, and hold harmless Derived Athletics LLC ("FencR"), its affiliates, officers, directors, employees, contractors, agents, licensors, and suppliers from and against any and all claims, liabilities, damages, losses, and expenses, including reasonable legal and accounting fees, arising out of or in any way connected with:

Your use of the service;
Your violation of these terms;
Your violation of any rights of another, including intellectual property rights, privacy rights, or publicity rights;
Any content you upload or submit through the Service, including claims of copyright infringement, defamation, or invasion of privacy;
Any misuse of the platform, including prohibited activities outlined in the Acceptable Use Policy.

20. Dispute Resolution, Governing Law, and Arbitration

(a) Governing Law:
These Terms are governed by the laws of the State of Arizona, United States, without regard to its conflict of law principles.

(b) Mandatory Arbitration:
Any dispute, claim, or controversy arising out of or relating to these Terms or the use of the Service shall be resolved by binding arbitration, conducted by the American Arbitration Association (AAA) in accordance with its rules for commercial disputes.

(c) Location:
Arbitration shall take place in Arizona, unless both parties agree to conduct it virtually or in another mutually agreed location.

(d) No Class Actions:
You agree that any disputes with FencR shall be conducted on an individual basis only and not as part of a class, consolidated, or representative action. The arbitrator may not consolidate more than one person's claims.

(e) Injunctive Relief:
Either party may bring an action in court for injunctive or equitable relief to stop unauthorized use of intellectual property, confidential information, or misuse of the Service.

(f) Costs:
Each party shall bear its own costs of arbitration unless the arbitrator determines otherwise.

(g) Small Claims Exception:
Either party may bring an individual claim in small claims court in Arizona (or the location where you reside) if it qualifies.

Terms of Service — Derived Athletics