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1. Definitions

"Service" means the CheerIQ cloud platform, mobile apps, desktop apps, analytics engine, scoring tools, and all related digital services.

"Customer" means the organization, gym, coach, or parent creating an account.

"User" means any individual accessing the Service under Customer's account.

"Data" means all information submitted to the Service, including athlete data, scores, media, and account information.

"Documentation" means instructions, guides, and materials provided by Black Flag Guild LLC.

2. Grant of License

Black Flag Guild LLC grants Customer a limited, non-exclusive, non-transferable, revocable license to access and use the Service solely for internal cheer program management, scoring, analytics, and communication.

Customer receives use rights, not ownership.

3. Restrictions

Customer may not:

4. Ownership & Intellectual Property

CheerIQ, including all software, algorithms, scoring logic, UI/UX, branding, and documentation, is the exclusive property of Black Flag Guild LLC.

No rights are granted except those explicitly stated.

5. Customer Data Rights

Customer retains ownership of all Data submitted to the Service.

Customer grants Black Flag Guild LLC a limited license to process Data solely for:

Black Flag Guild LLC does not sell Customer Data.

6. Data Protection & Privacy

Black Flag Guild LLC will:

If Customer uploads data for minors, Customer is responsible for obtaining parental consent.

Data practices are further defined in the CheerIQ Privacy Policy.

7. Service Availability

Black Flag Guild LLC will use commercially reasonable efforts to maintain high availability but does not guarantee uninterrupted service.

Scheduled maintenance may occur with notice.

8. Support

Support is provided via email or in-app channels. Response times may vary based on subscription tier.

9. Subscription & Payment Terms

10. Term & Termination

This Agreement remains in effect until terminated.

Black Flag Guild LLC may terminate immediately if Customer:

Upon termination:

11. Confidentiality

Both parties agree to protect confidential information and not disclose it to third parties except as required by law.

12. Warranties & Disclaimers

The Service is provided "AS IS" without warranties of any kind.

Black Flag Guild LLC does not warrant that:

13. Limitation of Liability

To the maximum extent permitted by law:

14. Indemnification

Customer agrees to indemnify and hold harmless Black Flag Guild LLC from claims arising from:

15. Modifications to the Agreement

Black Flag Guild LLC may update this Agreement. Continued use of the Service constitutes acceptance.

16. Governing Law

This Agreement is governed by the laws of Virginia, USA, without regard to conflict-of-law principles.

17. Entire Agreement

This Agreement, along with the Terms of Service and Privacy Policy, constitutes the entire agreement between the parties.

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1. Acceptance of Terms

By creating an account or using CheerIQ, you agree to these Terms.

2. Account Requirements

Users must provide accurate information. Coaches and organizations are responsible for ensuring parental consent where required.

3. Subscription & Billing

4. User Responsibilities

You agree not to:

5. Service Availability

We strive for high uptime but do not guarantee uninterrupted service.

6. Data Rights & Usage

You retain ownership of your uploaded data. We may process data to provide analytics, scoring, and platform functionality.

7. Termination

We may suspend or terminate accounts for violations or non-payment.

8. Modifications to Terms

We may update these Terms. Continued use constitutes acceptance.

9. Governing Law

These Terms are governed by Virginia law.

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1. Information We Collect

2. How We Use Information

3. Children's Data

CheerIQ may process data for minors only with coach/organization confirmation of parental consent.

4. Data Sharing

We do not sell personal data. We may share data with:

5. Data Security

We use industry-standard encryption and security practices.

6. User Rights

Users may request:

7. Contact Information

Black Flag Guild LLC · Winchester, VA

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Purpose

This Addendum ensures that organizations using CheerIQ have obtained verifiable parental consent before uploading or managing data for minors.

1. Consent Requirement

The Organization represents and warrants that it has obtained lawful parental or guardian consent for each minor whose data is entered into CheerIQ.

2. Scope of Data

Data may include:

3. Organization Responsibilities

The Organization agrees to:

4. Black Flag Guild LLC Responsibilities

We process minor data only as required to provide CheerIQ services.

5. Revocation of Consent

If a parent withdraws consent, the Organization must notify us within 7 days.

6. Liability

The Organization indemnifies Black Flag Guild LLC for any claims arising from failure to obtain proper consent.

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1. Roles

2. Processing Purpose

We process data solely to provide CheerIQ services, including scoring, analytics, communication, and account management.

3. Security Measures

Black Flag Guild LLC implements:

4. Sub-processors

We may use third-party providers (hosting, analytics). A list is available upon request.

5. Data Subject Rights

We assist the Customer in responding to:

6. Breach Notification

We will notify the Customer without undue delay if a data breach occurs.

7. Data Retention & Deletion

Upon termination, data is retained for a limited period before deletion unless legally required otherwise.

8. International Transfers

If data is transferred outside the U.S., we ensure appropriate safeguards.

9. Liability

Each party is responsible for its own compliance obligations.

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1. Prohibited Activities

Users may not:

2. User Conduct

Users must:

3. Enforcement

Violations may result in:

4. Reporting Abuse

Users may report violations via in-app support.

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1. Overview

CheerIQ is committed to protecting the privacy and safety of children under 13 in compliance with the Children's Online Privacy Protection Act (COPPA). CheerIQ does not provide accounts directly to children. Instead, coaches, gyms, and organizations enter athlete information into the platform.

CheerIQ acts as a service provider / data processor, and organizations are responsible for obtaining verifiable parental consent before entering any minor's data.

2. What Data CheerIQ Collects About Minors

Depending on how the Organization uses the platform, data may include:

CheerIQ does not knowingly collect:

3. How CheerIQ Uses Minor Data

Minor data is used solely for:

CheerIQ does not:

4. Parental Consent Requirements

Because CheerIQ is used by organizations, the Organization is responsible for obtaining verifiable parental consent before entering any minor's data.

CheerIQ requires Organizations to:

This is reinforced by the Parental Consent Addendum you already have.

5. Parent Rights Under COPPA

Parents may request:

Requests can be made through the Organization or directly to Black Flag Guild LLC.

6. Data Security Measures

CheerIQ uses industry-standard protections:

Only authorized personnel may access minor data.

7. Data Retention & Deletion

Minor data is retained only as long as necessary to provide CheerIQ services.

Upon:

CheerIQ will delete or anonymize minor data within a reasonable timeframe.

8. Third-Party Service Providers

CheerIQ may use trusted third-party processors for:

All third-party providers are contractually required to comply with COPPA and data protection standards.

9. Contact Information

For COPPA-related questions or requests:

Black Flag Guild LLC · Winchester, VA · Email: support@cheeriq.app