Please read these Terms carefully. They contain important information about your rights and obligations, including a mandatory arbitration provision and class-action waiver (Section 18) and important disclaimers about the nature of the Services (Section 7). By using the Services, you agree to these Terms.

1. Acceptance of These Terms

These Terms of Use (“Terms”) form a binding agreement between you and Sport Balance, Inc. (“Sport Balance,” “MAXXX,” “we,” “us,” or “our”) governing your access to and use of our websites (including maxxxperformance.com), mobile applications, and related products and services, including the MAXXX Performance app, The Locker Room, and MAXXX Recruit (collectively, the “Services”). By accessing or using the Services, creating an account, or clicking to accept, you agree to these Terms and to our Privacy Policy, which is incorporated by reference. If you do not agree, do not use the Services.

2. Eligibility and Age Requirements

You must be at least 13 years old to use the Services. If you are under 18 (a “minor”), you may use the Services only with the involvement, and where required the consent, of a parent or legal guardian, or through a school, club, or organization authorized to enroll you. By using the Services, a parent or guardian who permits a minor to use them agrees to these Terms on the minor’s behalf and is responsible for the minor’s use. The Services are not intended for children under 13, and such children may not use the Services except as permitted under our Privacy Policy through an authorized organization with verifiable parental consent.

You represent that you are not barred from using the Services under the laws of your jurisdiction and that all information you provide is accurate.

3. Description of the Services

MAXXX Performance is a mental-fitness and performance platform. Our positioning is simple: mental fitness is the training, and improved mental health is the result. The Services include, among other things:

• The MAXXX Performance app — a daily mental-fitness tool built around our framework of mental performance, mental health, balance, financial readiness, communication, and leadership.
• The Locker Room — an in-person, coach-led performance program for athletes.
• MAXXX Recruit — a college-recruiting and scholarship-matching service.

We may add, change, or discontinue features at any time. Certain features may be subject to additional terms presented to you at the time of use.

4. Accounts and Security

To use certain features, you must create an account. You agree to provide accurate information, keep it current, keep your credentials confidential, and be responsible for all activity under your account. Notify us promptly at kevin@maxxx.app if you suspect unauthorized use. We may suspend or terminate accounts that violate these Terms or that we reasonably believe pose a risk to the Services or other users.

5. Subscriptions, Fees, and Payment

Some Services are offered on a subscription or paid basis. Applicable prices, billing frequency, and features are presented at the point of purchase and may change on a going-forward basis. By purchasing a subscription, you authorize us and our payment processors to charge your chosen payment method for the fees and any applicable taxes. Unless otherwise stated or required by law, fees are non-refundable.

Subscriptions may renew automatically at the end of each term at the then-current price until cancelled. You may cancel as described in the Services or your app-store settings. Cancellation takes effect at the end of the current billing period. Where you purchase through a third-party app store, that store’s billing, renewal, and refund policies also apply.

Where the Services are purchased by a school, club, or organization on your behalf, the terms of that organization’s agreement govern the fees and billing for that access.

6. Free Trials and Promotions

We may offer free trials or promotional pricing. Unless you cancel before the trial ends, we may automatically begin charging the applicable subscription fee. Promotions are subject to any additional terms stated at the time of the offer and may be modified or withdrawn.

7. Important Notice — The Services Are Not Medical or Mental-Health Treatment

The Services provide wellness, educational, and performance content and tools. They are not a substitute for professional medical care, psychological or psychiatric treatment, diagnosis, or therapy, and they do not create a clinician–patient relationship.

Content and features are provided for general informational and self-improvement purposes. You should not disregard, avoid, or delay obtaining advice from a qualified health professional because of anything you access through the Services. Always consult a qualified professional regarding any medical or mental-health condition or before making decisions that could affect your health or well-being. Coaching provided through The Locker Room is performance coaching and is not clinical treatment; where an athlete may benefit from clinical support, MAXXX facilitates an independent external referral pathway rather than self-referral.

If you are in crisis or think you may have an emergency, call 911 (or your local emergency number) immediately. In the United States, you can also call or text 988 to reach the 988 Suicide and Crisis Lifeline, available 24/7. Do not use the Services to seek emergency help.

8. Acceptable Use

You agree not to, and not to permit others to:

• Use the Services in violation of any law or these Terms, or to infringe the rights of others;
• Upload or share content that is unlawful, harassing, hateful, defamatory, sexually explicit, or that exploits or endangers a minor;
• Impersonate any person or misrepresent your affiliation;
• Attempt to gain unauthorized access to the Services, other accounts, or our systems, or interfere with or disrupt the Services;
• Introduce malware, scrape or harvest data without permission, or reverse engineer the Services except as permitted by law;
• Use the Services to build a competing product or for any commercial purpose not expressly authorized by us.

9. User Content

You may submit content through the Services, such as profile details, journaling entries, assessment responses, and recruiting media (“User Content”). You retain ownership of your User Content. You grant us a worldwide, non-exclusive, royalty-free license to host, store, reproduce, and use your User Content solely to operate, provide, secure, and improve the Services and as otherwise described in our Privacy Policy. You are responsible for your User Content and represent that you have the rights necessary to submit it. We may remove content that violates these Terms.

10. Intellectual Property

The Services, including all software, text, graphics, logos, the MAXXX and MAXXX Performance names and marks, and the underlying frameworks and playbooks, are owned by Sport Balance, Inc. or its licensors and are protected by intellectual-property laws. We grant you a limited, revocable, non-exclusive, non-transferable license to use the Services for your personal, non-commercial use (or internal use by an authorized organization) in accordance with these Terms. No other rights are granted, and all rights not expressly granted are reserved.

11. Third-Party Services and Links

The Services may integrate with or link to third-party products and websites, including a white-labeled recruiting portal, payment processors, and app stores, which are governed by their own terms and privacy policies. We are not responsible for third-party services, and your use of them is at your own risk.

12. Privacy

Our collection and use of personal information in connection with the Services is described in our Privacy Policy. By using the Services, you acknowledge that Policy.

13. Disclaimer of Warranties

THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, AND ANY WARRANTY THAT THE SERVICES WILL BE UNINTERRUPTED, SECURE, ERROR-FREE, OR ACHIEVE ANY PARTICULAR RESULT. SOME JURISDICTIONS DO NOT ALLOW CERTAIN DISCLAIMERS, SO SOME OF THESE MAY NOT APPLY TO YOU.

14. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, SPORT BALANCE, INC. AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, DATA, GOODWILL, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATING TO YOUR USE OF THE SERVICES. OUR TOTAL LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICES WILL NOT EXCEED THE GREATER OF THE AMOUNTS YOU PAID US IN THE TWELVE MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM OR ONE HUNDRED U.S. DOLLARS ($100). SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS, SO SOME OF THESE MAY NOT APPLY TO YOU.

15. Indemnification

You agree to indemnify and hold harmless Sport Balance, Inc. and its affiliates and their respective officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses (including reasonable attorneys’ fees) arising out of or related to your use of the Services, your User Content, or your violation of these Terms or applicable law.

16. Termination

You may stop using the Services at any time. We may suspend or terminate your access, with or without notice, if you violate these Terms, if required by law, or to protect the Services or other users. Upon termination, the rights granted to you will end, and Sections that by their nature should survive (including Sections 7 and 9–19) will survive.

17. Governing Law and Venue

These Terms and any dispute arising out of or relating to them or the Services are governed by the laws of the State of Texas, without regard to its conflict-of-laws rules. Subject to Section 18, the state and federal courts located in Harris County, Texas will have exclusive jurisdiction, and you consent to their jurisdiction and venue.

18. Dispute Resolution; Arbitration; Class-Action Waiver

Please read this Section carefully — it affects your legal rights. Except for disputes that qualify for small-claims court and claims for injunctive relief relating to intellectual property, you and Sport Balance, Inc. agree to resolve any dispute arising out of or relating to these Terms or the Services through final and binding individual arbitration, rather than in court. Arbitration will be administered by a recognized arbitration provider under its consumer rules, and will take place in Harris County, Texas, or another mutually agreed location, or by videoconference.

Class-action waiver. You and Sport Balance, Inc. agree that each may bring claims against the other only in an individual capacity, and not as a plaintiff or class member in any purported class or representative proceeding. The arbitrator may not consolidate more than one person’s claims.

Right to opt out. You may opt out of this arbitration provision within 30 days of first accepting these Terms by sending written notice to kevin@maxxx.app with your name and a clear statement that you wish to opt out. If any part of this Section is found unenforceable, the remainder will apply to the extent permitted by law. This Section does not apply where prohibited by applicable law, including with respect to minors where such agreements are not enforceable.

19. Changes to the Services and These Terms

We may modify these Terms from time to time. When we make material changes, we will update the “Last Updated” date and, where required, provide additional notice. Changes are effective when posted unless stated otherwise. Your continued use of the Services after changes take effect means you accept the revised Terms. If you do not agree, you must stop using the Services.

20. General

These Terms, together with our Privacy Policy and any additional terms you agree to, are the entire agreement between you and us regarding the Services. If any provision is held unenforceable, the remaining provisions will remain in effect. Our failure to enforce a provision is not a waiver. You may not assign these Terms without our consent; we may assign them in connection with a merger, acquisition, or sale of assets. We are not liable for delays or failures caused by events beyond our reasonable control. Notices to us should be sent to kevin@maxxx.app; we may provide notices to you through the Services or your registered contact information.

21. Contact Us

Questions about these Terms may be directed to:

Sport Balance, Inc.
Houston, Texas
Email: kevin@maxxx.app
Phone: 713-828-1861