Please read these Terms carefully. Section 18 requires most disputes to be resolved by individual arbitration and waives class actions, and Sections 16 and 17 limit our liability. By using Aikon, you agree to all of it.
Here is the deal in plain terms. The sections below are the full agreement.
"Aikon," "we," "us," and "our" mean Aikon Sports, Inc., a Delaware corporation. "Service" means the Aikon app and the website at aikonsports.com. "You" means the person using the Service. "Content" means anything you submit. "Minor" means a user under 18.
These Terms of Service ("Terms") are a binding agreement between you and Aikon that governs your use of the Service. By downloading, accessing, or using the Service, you agree to these Terms and to our Privacy Policy, which is part of this agreement. If you do not agree, do not use the Service.
Minimum age. You must be at least 13 years old. Aikon is not directed to children under 13, and we do not knowingly allow them. If we learn a user is under 13, we will delete the account and its data.
Users 13 to 17. If you are between 13 and 17, you must confirm at signup that a parent or legal guardian is aware of and has approved your use of Aikon. That parent or guardian agrees to these Terms on your behalf and is responsible for your use. To protect younger users, accounts of users under 18 are set to private, are never shown in player discovery, and never appear on the map to other users.
Accurate age. You must give an accurate date of birth at signup. We rely on it, and on Apple's age range signal where available, to set your eligibility and protections. A false date of birth is a violation of these Terms.
Your promises. You confirm that you meet these requirements, that your information is truthful, that you are not a convicted sex offender, and that you are not barred from using the Service under U.S. law.
You need an account to use most of the Service. Keep your login private, do not share your account, and tell us at aden@aikonsports.com if you suspect unauthorized use. You are responsible for activity under your account. You may keep only one account unless we allow otherwise.
Aikon is a training and community app for basketball players, built around three things: Train (a personalized daily workout), Connect (finding and adding other players), and Play (a location based map and gym check in). It includes gamified features such as streaks, points, XP, rank, and leaderboards. We may add, change, or remove features at any time.
We grant you a limited, personal, non exclusive, non transferable, revocable license to use the Service for your own personal, non commercial use. You may not copy, modify, distribute, sell, reverse engineer, or extract the source of the Service, use bots or scrapers, or use the Service for a commercial purpose without our written consent. All rights we do not expressly grant are reserved.
Some features use your device's precise location. You agree to use these features in a way that is safe and responsible. Sharing your location or checking in reveals where you are at a point in time, and the risk of doing so can be higher depending on your personal situation. Do not check in or share your location if it could compromise your safety. Choose privacy settings that are right for you. Users under 18 are always private and are never shown on the map; a minor's check in is reflected only in a gym's anonymous total player count.
Physical activity is at your own risk. Aikon encourages exercise and sports, which carry a risk of injury. Consult a physician before starting any exercise program. You assume all risk from physical activity done through or suggested by the Service. Our training content is general information, not medical or professional coaching advice.
We are a neutral party between users. The Service can help you discover, connect with, and arrange to play with other users. We do not run background checks and do not verify any user's identity, age, skill, or character. We are not responsible for the conduct of any user, online or in person. You are solely responsible for your interactions with other users. Meet in public places, use good judgment, and take the precautions you would take meeting anyone new. If you are a minor, do not meet or share personal information with anyone you do not know, and involve a parent or guardian.
Third party locations. Gyms and courts shown in the Service are run by third parties. We do not control them and are not responsible for their safety, hours, availability, or accuracy. Entry and use of any facility is subject to that facility's rules and at your own risk.
You agree not to, and not to try to:
Violations can lead to immediate suspension or termination, and referral to law enforcement where appropriate.
You can block and report other users, and we encourage you to report anyone who breaks these Terms. We may review reports and act at our discretion, including removing content or suspending accounts, but we are not required to take any particular action. If you believe content on the Service infringes your rights, including copyright, email aden@aikonsports.com and we will review it.
You keep ownership of the Content you submit (your profile, username, display name, reports, and bug reports). By submitting Content, you grant Aikon a worldwide, non exclusive, royalty free, sublicensable license to use, host, store, display, and distribute it as needed to operate and improve the Service. You promise you have the rights to your Content and that it does not violate these Terms or anyone's rights. We may remove Content at our discretion.
If you send us ideas or feedback, including through bug reports, we may use them freely without any obligation to you.
The Service is currently free. We may add paid features or subscriptions later. If we do, we will give notice and the terms before you are charged, and any purchase made through the Apple App Store is handled by Apple under Apple's terms. You will never be charged for a paid feature without agreeing to it first.
The Service, including its software, design, logos, and the "Aikon" name and marks, is owned by Aikon or its licensors and is protected by law. Except for the license in Section 5, nothing here transfers any rights to you. Do not use our name, logos, or branding without our written permission.
The Service relies on third parties including Apple (App Store and iOS services), Supabase (backend, login, and storage), and Netlify (website hosting). Your use may be subject to their terms. We are not responsible for third parties, and your dealings with them are between you and them.
You may stop using the Service and delete your account at any time in the app. We may suspend or terminate your access at any time, with or without notice, if you violate these Terms or to protect the Service or other users. On termination, your right to use the Service ends. Sections that by their nature should survive, including Sections 10 and 15 through 21, will survive.
THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, SECURE, OR ERROR FREE, OR THAT ANY CONTENT OR LOCATION INFORMATION IS ACCURATE. TO THE EXTENT A JURISDICTION DOES NOT ALLOW THESE EXCLUSIONS, THEY APPLY TO THE FULLEST EXTENT PERMITTED.
TO THE FULLEST EXTENT PERMITTED BY LAW, AIKON AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, DATA, OR GOODWILL, ARISING FROM YOUR USE OF THE SERVICE, YOUR INTERACTIONS WITH OTHER USERS, OR ANY PHYSICAL ACTIVITY OR IN PERSON MEETING. OUR TOTAL LIABILITY FOR ALL CLAIMS WILL NOT EXCEED THE GREATER OF THE AMOUNT YOU PAID US IN THE 12 MONTHS BEFORE THE CLAIM OR ONE HUNDRED U.S. DOLLARS ($100).
PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS.
Talk to us first. Before starting arbitration, contact us at aden@aikonsports.com and give us 30 days to resolve the issue informally.
Binding arbitration. Except as noted below, any dispute arising out of or relating to these Terms or the Service will be resolved by final and binding individual arbitration administered by a recognized arbitration provider (such as JAMS) under its consumer rules, in English, rather than in court.
Class action and jury waiver. YOU AND AIKON AGREE TO BRING CLAIMS ONLY IN AN INDIVIDUAL CAPACITY, NOT AS A PLAINTIFF OR MEMBER OF A CLASS, AND EACH WAIVES ANY RIGHT TO A JURY TRIAL. The arbitrator may not combine more than one person's claims.
Exceptions. Either party may bring an individual claim in small claims court, and either party may seek an injunction in court to protect its intellectual property or address unauthorized access.
30 day opt out. You may opt out of this arbitration agreement by emailing aden@aikonsports.com within 30 days of first accepting these Terms, stating your name and that you opt out. Opting out does not affect the rest of these Terms.
Time limit. Any claim must be brought within one year of when it arose, or it is permanently barred.
Minors. This arbitration agreement may not be fully enforceable against users who are minors. Where it is not, disputes are resolved in the courts in Section 19.
These Terms and any dispute are governed by the laws of the State of Delaware, without regard to conflict of laws rules. For any dispute not subject to arbitration, you and Aikon agree to the exclusive jurisdiction of the state and federal courts located in Delaware.
To the fullest extent permitted by law, you agree to defend and hold harmless Aikon and its officers, directors, employees, and agents from any claims, damages, losses, and expenses (including reasonable attorneys' fees) arising from your use of the Service, your Content, your violation of these Terms or any law, your interactions with other users, or your violation of anyone's rights. A parent or guardian who lets a minor use the Service accepts this obligation on the minor's behalf.
When you get the app through the Apple App Store, these additional terms apply:
We may update these Terms from time to time. For material changes, we will update the "Last Updated" date and, where appropriate, give notice in the Service. Continued use after changes take effect means you accept the new Terms. If you do not agree, stop using the Service and delete your account.
Entire agreement. These Terms and the Privacy Policy are the whole agreement between you and Aikon about the Service. Severability. If any part is unenforceable, the rest stays in effect. No waiver. Not enforcing a term is not a waiver of it. Assignment. You may not assign these Terms without our consent; we may assign them freely. No agency. These Terms create no partnership, employment, or agency relationship.
Aikon Sports, Inc.
Email: aden@aikonsports.com
Website: aikonsports.com
