Terms of Service

1. Acceptance of Terms

By downloading, installing, or using Arcqtype (the "App") and the related backend services, websites, and companion apps (collectively, the "Service"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree, do not use the Service.

These Terms form a legally binding agreement between you and _[LEGAL ENTITY NAME — the legacy docs use "Arcqtype, Inc."; confirm the exact registered entity]_ ("Arcqtype," "we," "us," "our").

The Service is operated through a hosted backend API (Render) with a Supabase/Postgres datastore; the iOS athlete app, the Coach web dashboard, and other companion surfaces all connect to that one backend. _Open question for counsel: confirm whether these Terms cover all client surfaces (iOS athlete app, Coach, Parent, Recruiting, Trainer) or whether some require their own terms._

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2. Eligibility and Account Creation

2.1 Who may use the Service

Arcqtype is a youth-athlete training and recruiting platform for student-athletes age 13 and older under the 2026-07-09 launch posture. Because minors use the Service, age-based rules apply:

• Under 13: The intended launch posture is that users under 13 may not use Arcqtype. Current code has a backend under-13 guardian-consent gate as a compliance backstop while iOS terminally rejects under-13 onboarding. Counsel/product/engineering must align this before publication so the Terms match the shipped product.
• Unknown date of birth: Treated as under-13 for the consent gate — we do not assume an unknown-age user is over 13.
• 13 and older: May create and use an account, subject to the guardian provisions below for minors.

Open question for counsel: the legacy HTML stated that users 13–17 require "parental notification" and that a guardian email is collected at signup. The current code enforces a server-side gate only for under-13 profile saves; an earlier post-onboarding under-18 guardian gate was removed. Counsel must decide what the Terms should *promise* for the 13–17 band, and engineering must align the code to whatever is promised. Do not assert an under-18 guardian-consent mechanism that the code does not currently enforce.

2.2 Minors and guardians

If you are under 18, your parent or legal guardian must review and agree to these Terms on your behalf, and by permitting a minor to use the Service the guardian agrees to these Terms. _Counsel: confirm the exact consent/agreement mechanism and how it is recorded — the only code-enforced consent today is the under-13 token._

2.3 Account responsibilities

• Provide accurate information, including accurate age. Supplying false date-of-birth information to evade the minor-protection gates is a violation of these Terms. (The under-13 gate specifically uses the stored date of birth for completed profiles to prevent a minor from flipping their DOB upward mid-onboarding to bypass the gate — coppa.ts:50-57.)
• You are responsible for safeguarding access to your account.
• Notify us promptly of unauthorized access at _[support contact — legacy docs use support@arcqtype.com]_.

2.4 Sign-in methods

Account creation and sign-in are available via Sign in with Apple and Sign in with Google. If you use Sign in with Apple, your account is also subject to Apple's terms, and Apple's "Hide My Email" relay is supported. If you use Sign in with Google, Google's terms also apply.

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3. Subscriptions and Billing

Rewritten 2026-07-10 to the founder-locked monetization model. The prior draft of this section described a free tier, "Free / Starter / Pro / Elite" display names, an "Arcqtype Max" package, per-tier limit tables, and a billing-issue grace period — all superseded. Do not resurrect language from the prior draft or from the legacy HTML.

3.1 Plans

Arcqtype is a paid subscription service. There is no free plan.

• Two plans are offered: Arcqtype Plus and Arcqtype Pro, each available with monthly or annual billing. You explicitly choose your plan and billing period at purchase; no plan is selected for you.
• Introductory trial. Each plan includes a seven (7)-day introductory trial for customers who are eligible under Apple's subscription-group trial rules. If you are not eligible (for example, you previously used a trial in this subscription group), the price and start of billing are shown before you confirm the purchase — you will never be charged without the App Store purchase sheet stating the terms.
• Access requires an active subscription. When your verified subscription entitlement expires — including after cancellation at period end or a failed renewal — access to product functionality ends. We do not extend access past the end of the period you paid for (App Store Billing Grace Period is not enabled). Your account and data are retained per the Privacy Policy; resubscribing restores access.
• Internally, the system models subscription state with a canonical enum; "free" there denotes a pre-trial or expired account state, not a product. _Counsel: this internal naming never appears user-facing and need not appear in the published Terms; noted here so drafting doesn't reintroduce a "free tier" by inference from code._
• Pricing is not stated in these Terms. Prices are configured in App Store Connect/RevenueCat and shown at runtime on the paywall and Apple purchase sheet; the App Store price displayed at purchase governs. _Counsel confirmed direction per canonical model: no price table in the Terms; founder-established prices live in the catalog._

3.2 Plan features and limits

Plus and Pro differ in features and usage allowances. The current feature/allowance contract for each plan is shown in-app and on the App Store product page at purchase and may be adjusted over time; material reductions to a plan you are subscribed to will be handled per §14 (Changes). _Drafting note: the per-feature quota table from the prior draft was removed — those numbers described the pre-ruling free/tier1 era and are being re-cut per the approved package specification. Keep the Terms generic so tuned limits don't stale the legal document._

3.3 Billing terms

• Subscriptions are processed and billed through Apple's App Store (with RevenueCat relaying subscription state to us). We do not collect or store your payment-card information.
• Subscription state changes (purchase, trial start/conversion, renewal, cancellation, expiration, billing issue, plan change) are reflected in your account based on events from Apple/RevenueCat.
• Failed renewal / billing issue: if a renewal cannot be charged, your subscription ends at the end of the already-paid period. We do not provide a post-expiry grace window. _Engineering alignment note: webhook.routes.ts:159-171 currently applies a grace-period state on billing issues — this predates the 2026-07-10 ruling and must be aligned (Billing Grace Period disabled) before these Terms publish. Tracked in the hard-paywall plan._
• Auto-renewal, cancellation, and refunds for App Store subscriptions are governed by Apple. Manage or cancel anytime in App Store → Account → Subscriptions. Cancellation takes effect at the end of the current paid period (a cancelled trial ends per Apple's trial rules).
• _[REFUND POLICY — counsel to set. Note Apple controls App Store refunds; any Arcqtype-stated policy must not contradict Apple's. The legacy HTML said "no refunds for partially used periods except as required by law" — confirm.]_
• _[PRICE-CHANGE NOTICE — counsel to set the notice period and consent mechanism. Legacy HTML said "30 days' notice"; Apple's own price-change consent flow may govern.]_
• _[TRIAL DISCLOSURES — counsel to verify the trial/auto-renew disclosure language against Apple's auto-renewable-subscription requirements and applicable consumer-protection ("negative option") rules, including for minors purchasing through Family Sharing/Ask to Buy.]_

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4. Acceptable Use

You agree not to:

• Provide false information about your age, identity, or athletic credentials (age falsehood specifically undermines the minor-protection gates in §2).
• Reverse engineer, decompile, or attempt to extract the AI system prompts, the scoring/archetype logic, or our curated knowledge base.
• Use bots, scrapers, or automated scripts to access the Service, or circumvent feature limits (§3.2) through technical manipulation.
• Share account credentials or create multiple accounts.
• Upload, post, or transmit content that is illegal, harassing, bullying, threatening, infringing, or that violates another person's rights (see §7 on User Content and §8 on Community moderation).
• Attempt to access another user's private data.
• Resell or commercially exploit AI-generated plans or other Service content without our written consent.

We may suspend or terminate accounts that violate these rules. _Counsel: confirm refund treatment on for-cause termination._

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5. The AI Coach (AI-Generated Content)

Arcqtype includes an AI persona called Coach that generates training guidance, plans, scoring/archetype context, and chat responses. You should understand:

• Coach is powered by a third-party AI service. As of 2026-07-29 the active registry is OpenAI-only and uses GPT-5-mini; DeepSeek has no active fallback, shadow, or rollback path. The final Terms must name the provider actually live at publication and match the executed vendor terms. For users under 18, a guardian should review and consent to third-party AI processing where required; see the separate AI Disclosure and Minors / COPPA documents and the in-app minors AI-disclosure copy.
• We do not use your conversations to train or fine-tune the AI model. Per-user "memory" used to personalize Coach is stored in our own Supabase database and fed back as context — it is never exported for model training. (Engineering-confirmed by code audit 2026-06-17; see shared-docs/legal/coach-chat-legal-signoff-packet.md §4.)
• AI output can be wrong. AI-generated content may contain errors, be outdated, or be inappropriate for your specific situation. Verify important guidance with qualified coaches and professionals.
• No performance guarantee. We make no guarantee about athletic performance, scores (ARQ), or any outcome resulting from following AI-generated guidance.
• Medical-emergency handling. Coach is not a medical service. If you report an acute medical symptom, Coach is designed to refuse to advise and to direct you to emergency services rather than triage you. _Final escalation wording is a launch-gate item pending counsel sign-off — see coach-chat-legal-signoff-packet.md §3(A) and emergency-symptom.service.ts._
• High-severity crisis handling. The locked launch posture is that high-severity self-harm, suicide, disordered-eating/RED-S, abuse, or comparable crisis signals may trigger refusal, 988/NEDA or other appropriate resources, and notification to a linked parent/guardian where legally and operationally permitted. The athlete-facing chat should state when guardian notification occurs. This clause must not be published as a live feature until S4 implementation and audit logging are verified.

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6. Health and Safety Disclaimer

Important — read before beginning any training program. Arcqtype provides training and conditioning guidance, not medical advice. AI-generated plans are for informational and educational purposes only.

• Consult a physician or qualified healthcare professional before starting any new exercise or nutrition program, especially with any pre-existing condition, injury, or health concern.
• You train at your own risk. The Service does not diagnose, treat, cure, or prevent any condition or injury.
• Nutrition information is general guidance only; consult a registered dietitian for specific dietary needs, allergies, or medical conditions.
• Stop and seek medical attention if you experience pain, dizziness, shortness of breath, or any concerning symptom during exercise.

HealthKit data

With your permission, the iOS app reads Apple Health (HealthKit) data to inform recovery and training guidance. The types requested are step count, active energy, resting heart rate, heart-rate variability (SDNN), sleep analysis, heart rate, and body mass/weight; the Apple Watch companion additionally reads workout, active/basal energy, heart rate, and distance during live sessions. HealthKit access is optional and revocable in iOS Settings. See the Privacy Policy for how this data is used and the Health & Fitness Disclaimer for its limits.

_Detailed HealthKit usage/sharing language belongs in the Privacy Policy; this section is the use-at-your-own-risk and "not medical advice" disclaimer. Counsel to confirm split._

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7. User Content

You may submit content to the Service including profile information, workout/journal logs, uploaded documents, and community posts ("User Content"). By submitting User Content, you:

• Represent that you own it or have the right to share it.
• Grant Arcqtype a limited license to store, process, and display your User Content solely to provide the Service to you.
• Retain ownership of your User Content; we do not claim ownership of your personal data or journal entries.

We do not use your personal User Content to train AI models (see §5). Aggregated, anonymized usage data may be used to improve the Service.

We never sell personal data. Personal data, Coach messages, health/recovery/nutrition data, and minor data are not sold to advertisers, data brokers, or NIL/recruiting marketplaces.

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8. Community Features and Moderation

The Service includes community surfaces with user-generated content and social interaction — leaderboards, crews, challenges, and profiles. Content you post to these surfaces may be visible to other users.

Arcqtype provides in-app safety tools, backed by /api/moderation/* endpoints:

• Report content via the report sheet, choosing a reason: harassment/bullying, inappropriate content, spam, safety concern, copyright, or "something else". Reportable content types include profiles, leaderboard posts, challenges, challenge entries, crews, crew activity, and documents.
• Block and Mute other users to control what you see.

You agree to follow the acceptable-use rules in §4 when posting. We may remove content and act on reports under our UGC / Community Moderation Policy _(separate document — see shared-docs/legal/ inventory)_. _Counsel: confirm reporting-response commitments and any required EU/DSA-style notice-and-action language before stating SLAs here._

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9. Recruiting and Name/Image/Likeness (NIL)

Arcqtype offers recruiting-intelligence features under My Path and the recruiting surfaces — for example a recruiting probability estimate, an ARQ-vs-school range, target-school tracking, eligibility milestones, recruiting alerts, and personalized action items. These are analytical and informational tools based on the data you provide and our models.

• No guarantee of recruitment outcomes. Arcqtype does not guarantee that you will be recruited, receive an athletic scholarship, be contacted by any coach or program, or achieve any specific recruiting result. Recruiting probabilities, ARQ ranges, eligibility milestones, and alerts are estimates and guidance, not promises. Recruiting decisions rest entirely with third-party schools, programs, coaches, and athletic associations.
• Eligibility is your responsibility. Eligibility milestones surfaced in the app are informational. You and your guardian are responsible for verifying eligibility requirements with the relevant athletic association(s) (e.g., the NCAA) and your school.
• NIL. Public NIL opportunity browsing is not an active product surface; the NIL opportunity endpoints are deprecated and return 410 Gone. Arcqtype does not currently broker, facilitate, or guarantee any name/image/likeness deal. _Open question for counsel: confirm there is no other live NIL-facing feature, and decide whether the Terms should still carry a forward-looking NIL disclaimer (e.g., that NIL rules vary by state and association and are the athlete's/guardian's responsibility) in case the surface returns._
• No athlete-agent relationship. Arcqtype is a software platform and informational tool. Arcqtype does not represent athletes, negotiate NIL or recruiting opportunities, solicit or procure scholarships, provide legal advice, or act as an athlete agent, recruiter representative, financial advisor, or talent agency. If Arcqtype later adds a marketplace/listing feature, it should remain neutral unless counsel confirms athlete-agent registration and related state-law requirements.

See the separate NIL / Recruiting Considerations document for the sector-specific analysis.

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10. Intellectual Property

The App, its design, the scoring/archetype system, training blueprints, curated knowledge base, and related content are Arcqtype's intellectual property, protected by applicable law. You may not copy, reproduce, distribute, or create derivative works from our content without written permission. AI-generated plans are delivered for your personal use only; you may not resell or commercially exploit them.

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11. Account Termination and Deletion

11.1 Your right to delete

You may delete your account at any time from within the app (Settings → Account → Delete Account, then type DELETE and confirm "Delete Forever" — Arcqtype/Features/Settings/AccountDetailView.swift:90-112).

Deletion is immediate and irreversible. It is not a "soft delete" with a grace period: the request calls DELETE /api/users/account, which runs the account_delete_hybrid database routine, cleans up your uploaded files in storage, and deletes the underlying auth user. The in-app confirmation states the action "cannot be undone." The deletion uses a documented hybrid policy (migration 210): it cascades and removes your private athlete data, breaks cross-app relationship rows and recruiter-visible state, and anonymizes certain retained audit, safety, and payment records rather than deleting them outright. _Counsel: confirm the anonymized-retention buckets (audit/safety/payment) and their retention basis are described accurately here and in the Privacy Policy._ Any active subscription is managed/cancelled through Apple; deleting your Arcqtype account does not by itself refund or cancel an App Store subscription — manage that in App Store → Account → Subscriptions.

Material correction for counsel: the legacy HTML Terms promised a "30-day grace period" before permanent deletion and "earlier permanent deletion on request." The code does neither — deletion is immediate. Counsel must decide which behavior is correct and, if a grace period is desired, engineering must build it; otherwise the Terms must describe immediate deletion. Do not ship Terms that promise a grace period the system does not implement.

11.2 Our right to terminate

We may suspend or terminate accounts that violate these Terms, with or without notice. _Counsel: define notice obligations and refund treatment on for-cause vs. not-for-cause termination._

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12. Limitation of Liability

To the maximum extent permitted by law:

• The Service is provided "as is" without warranties of any kind, express or implied.
• We do not warrant that the Service will be uninterrupted or error-free, or that AI-generated content will be accurate or complete.
• Arcqtype will not be liable for indirect, incidental, special, or consequential damages arising from your use of the Service, including physical injury from following training guidance.
• _[LIABILITY CAP — counsel to set. Legacy HTML used "the amount you paid us in the 12 months prior to the claim." Confirm the cap, and note that some jurisdictions bar limiting liability for personal injury; carve-out language should be reviewed by counsel.]_

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13. Governing Law and Disputes

• Governing law: _[GOVERNING LAW — counsel to set. Legacy HTML used "Commonwealth of Virginia, United States." Confirm against the actual entity's jurisdiction.]_
• Informal resolution first: _[Counsel to set the pre-dispute contact + cure period. Legacy: contact legal@ first, 30-day good-faith window.]_
• Arbitration / class-action waiver: _[Counsel to decide whether to include binding arbitration (legacy: AAA Consumer Arbitration Rules) and a class-action waiver. These have specific enforceability and consumer-protection considerations — and special considerations where minors are bound — that require legal review. Do not assert an arbitration clause without counsel sign-off.]_

Open question for counsel: because many users are minors bound by these Terms through a guardian, the enforceability of arbitration, class-action waiver, and liability provisions against minors needs specific review.

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14. Changes to These Terms

We may update these Terms. For material changes we will update the "Last Updated" date and provide notice in-app and/or by email. For changes that materially affect minors' data or guardian consent, we will re-obtain consent where legally required. Continued use after changes take effect constitutes acceptance.

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15. Contact

• General: _[support contact — legacy: support@arcqtype.com]_
• Privacy: _[legacy: privacy@arcqtype.com]_
• Legal: _[legacy: legal@arcqtype.com]_
• Security: _[legacy: security@arcqtype.com]_

_Counsel to confirm final contact addresses and any required physical mailing address / data-controller contact for minors and privacy regulators._

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