Terms of Sale

Effective as of May 20, 2018.

This webpage represents a legal document that serves as our Terms of Sale and it governs the legal terms of our Website, https://www.smarthlete.com, sub-domains, and any associated web-based and mobile applications (collectively, "Website"), as owned and operated by Smarthlete GmbH, in the event that a Registered User purchases any Service.

Capitalized terms, unless otherwise defined, have the meaning specified within the Definitions section below. These Terms of Sale, along with our Terms of Use, Privacy Policy, any mobile license agreement, and other posted guidelines within our Website, collectively "Legal Terms", constitute the entire and only agreement between you and Smarthlete, and supersede all other agreements, representations, warranties and understandings with respect to our Website and the subject matter contained herein. We may amend our Legal Terms at any time without prior written notice. The latest copies of our Legal Terms will be posted on our Website, and you should review all Legal Terms prior to each purchase using our Website. After any revisions to our Legal Terms are posted, you agree to be bound to any such changes to them.

By accessing this Website, you are agreeing to be bound by these Website Terms and Conditions of Use, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, you shall not use or access this site. The materials contained in this Website are protected by applicable copyright and trademark law.

Please refer to the Definitions in our Terms of Use at https://www.smarthlete.com/Terms-of-Use with regards to the applicability of these Terms of Sale in the event of a purchase (Registered User versus Visitor).

As a Registered User, Smarthlete will make available optional services against a subscription fee (Premium Plans), offering to upgrade from an initial free “BASIC” plan to an “ADVANCED” or “EXPERT” Premium Plan.

You herewith confirm that you have read and understood that you are bound by these Terms of Sale in addition to the previously accepted Terms of Use (as a Registered User) at the time of purchase.

Purchase Prerequisites

In order to make a purchase on Smarthlete, you need to be a Registered User (“Athlete” or “Parent”), in the possession of a credit card and in the position to legally make a purchase. You are responsible for managing your user account information, namely user name and password, for security of your account data and billing information.

Subscription Terms – Monthly Plan

Smarthlete makes available various Premium Plans (ADVANCED, EXPERT), which the Registered User may choose to opt into against payment of a fee. The Registered User is made aware of the nature of a subscription. Smarthlete may automatically charge the same subscription fee after expiration of one payment cycle: the beginning of each period.

Access to the Premium Plan will be made available to the Individual after Smarthlete has verified via our payment processor that the credit card of the payee is accurate and in good standing. You are asked to keep the billing information on your Smarthlete account up-to-date in order to enable the automatic renewal of the subscription.

In the event that automatic renewal fails (due to missing billing information, change of credit card, loss of credit card), Smarthlete has the right to terminate the Registered User’s Premium Plan and reactivate the free initial plan (BASIC) on behalf of the Registered User.

Please note that you are recommended to email contact@smarthlete.com in the event of a denied credit card payment or other problems in relation to a payment transaction on Smarthlete.

Subscription Terms – Lifetime Plan

Smarthlete makes available various Premium Plans (ADVANCED, EXPERT), which the Registered User may choose to opt into against payment of a fee. The Registered User is made aware of the alternative to opt into such Premium Plan for the duration of the Registered User’s “Lifetime”, which is to be understood in the context of the underlying purpose of registering with a Profile on Smarthlete: until the recruiting process of the Individual is completed by enrolling at any university in the U.S.

Different from above Monthly Plan, Smarthlete may charge a one-time, non-recurring fee at the time of purchase. Lifetime Plan Memberships are limited for use by one Registered User only and non-transferable.

Access to the Premium Plan will be made available to the Individual after Smarthlete has verified via our payment processor that the credit card of the payee is accurate and in good standing.

Please note that you are recommended to email contact@smarthlete.com in the event of a denied credit card payment or other problems in relation to a payment transaction on Smarthlete.

Taxes

By completing the billing information, the Registered User agrees to provide Smarthlete with accurate information as regards location of residency of the Individual. Based on provided information, Smarthlete collects sales tax (“VAT”), according to European law, and payable by the Registered User in relation to such a purchase.

Payment Methods

Smarthlete accepts any of the following credit cards:

Upon purchase of a Service, you authorize Smarthlete to charge the account for the amount of the chosen purchase. All payments on Smarthlete are stated and billed in USD (United States Dollars).

Cancellation

You may terminate your Monthly Premium Plan at any time, with the subscribed Premium Plan expiring after termination of the monthly cycle. (E.g. you may make a purchase of an ADFANCED or EXPERT Plan and a cancellation on the same day, which becomes effective immediately and your free BASIC plan will be reactivated after 30 days.)

Your Lifetime Premium Plan is valid for the duration of you recruiting process and you are required to inform us once you have enrolled at a college (or the equivalent of such) in the USA. Smarthlete reserves the right to terminate your Premium Plan, in the event that we are informed about your enrollment at such an institution (e.g. by having the college coach inform us about your commitment to an athletic program).

Other

These Terms of Sale together with the previously accepted Terms of Use constitute the agreement between you and Smarthlete with regards to any of the above-described purchases you may make on our Website.

Please also review our Terms of Use at https://www.smarthlete.com/Terms-of-Use:

Contact

Please contact us at contact@smarthlete.com, in case you have any questions about our Terms of Sale.