Terms of Service

1. Acceptance of Terms

By accessing, browsing, or using the Gameplan platform, website, mobile application, or any related services (collectively, the "Service"), you acknowledge that you have read, understood, and agree to be bound by these Terms of Service ("Terms"), as well as our Privacy Policy and Community Guidelines, which are incorporated herein by reference. If you do not agree to these Terms, you must immediately discontinue all use of the Service. The Service is operated by Gameplan ("we," "us," "our," or the "Platform"). These Terms constitute a legally binding agreement between you and Gameplan. You must be at least 18 years of age to use the Service. By using the Service, you represent and warrant that you are at least 18 years old and have the legal capacity to enter into this agreement.

2. Description of Service

Gameplan is a content creation and subscription platform that serves as an intermediary connecting professional athletes, coaches, and sports creators ("Creators" or "Athletes") with their supporters, followers, and fans ("Fans" or "Subscribers"). The Platform enables Creators to offer exclusive content, training insights, behind-the-scenes access, and other digital content to Fans through tiered subscription plans and one-time tips or gifts.

Gameplan does not create, endorse, or control any Creator content. Gameplan acts solely as a technology platform and payment facilitator, providing the infrastructure for Creators to distribute content and receive payments from Fans. Gameplan is not a party to any agreement between Creators and Fans regarding the content, quality, or delivery of subscription benefits. The Platform does not guarantee the availability, accuracy, or quality of any Creator content.

Gameplan reserves the right to modify, suspend, or discontinue any aspect of the Service at any time, with or without notice. We may also impose limits on certain features or restrict access to parts of the Service without liability.

3. Account Registration

To access certain features of the Service, you must create an account. When registering, you agree to: (a) provide accurate, current, and complete information as prompted by the registration form; (b) maintain and promptly update your registration information to keep it accurate, current, and complete; (c) maintain the security and confidentiality of your password and identification; (d) accept all responsibility for all activities that occur under your account; and (e) immediately notify Gameplan of any unauthorized use of your account or any other breach of security.

You may not create an account using a false identity or information, or on behalf of someone other than yourself without proper authorization. You may not have more than one active account at any time. Gameplan reserves the right to suspend or terminate any account that we reasonably believe contains false or misleading information, or has been created in violation of these Terms. You are solely responsible for any activity that occurs on your account, regardless of whether the activities are authorized by you.

4. Creator Terms

Creators who join Gameplan agree to the following obligations and representations:

Content Ownership: Creators retain full ownership of all original content they create and share on the Platform. By uploading content, Creators represent and warrant that they own or have obtained all necessary rights, licenses, consents, and permissions to use and authorize Gameplan to use their content as described in these Terms.

Platform License: By uploading content to Gameplan, Creators grant Gameplan a non-exclusive, worldwide, royalty-free, sublicensable, and transferable license to use, reproduce, distribute, display, and perform the content solely in connection with operating, promoting, and improving the Service. This license includes the right to make Creator content available to authorized Subscribers and to use Creator names, likenesses, and content excerpts for Platform marketing and promotional purposes. This license persists for the duration of the content being available on the Platform and for a reasonable period thereafter to fulfill existing subscriptions.

Creator Responsibilities: Creators are responsible for: (a) setting accurate subscription tier pricing and clearly describing the benefits associated with each tier; (b) delivering the content and benefits described in each subscription tier in a timely manner; (c) complying with all applicable laws, regulations, and these Terms; (d) ensuring that all content posted complies with the Prohibited Content & Conduct section of these Terms; (e) accurately representing their identity, credentials, and qualifications; and (f) responding to Subscriber inquiries in a reasonable timeframe.

Creator Compliance: Creators must complete all required identity verification and payment onboarding processes, including Stripe Connect account setup, before receiving payouts. Creators are solely responsible for reporting and paying any applicable taxes on their earnings. Gameplan reserves the right to remove or suspend Creators who consistently fail to deliver promised content, violate these Terms, or receive excessive complaints from Subscribers.

5. Fan/Subscriber Terms

Fans who subscribe to Creators on Gameplan agree to the following terms:

Subscription Terms: By subscribing to a Creator, you agree to pay the recurring subscription fee associated with your chosen tier. Subscriptions are billed on a monthly recurring basis starting from the date of your initial subscription. All subscription fees are charged in advance for the upcoming billing period. Subscription fees are non-refundable except as required by applicable law or as otherwise stated in these Terms.

Cancellation: You may cancel your subscription at any time through your account settings or by contacting support. Upon cancellation, your subscription will remain active until the end of the current paid billing period, after which it will not renew. You will continue to have access to the Creator's content for the remainder of your paid period. No partial refunds will be provided for unused portions of a billing period.

Tier Changes: You may upgrade or downgrade your subscription tier at any time. Upgrades take effect immediately, and you will be charged the prorated difference for the remainder of the current billing period. Downgrades take effect at the start of the next billing period.

Content Access: Subscriber access to Creator content is for personal, non-commercial use only. You may not reproduce, redistribute, publicly display, or share any Creator content with non-subscribers. Violation of this provision may result in immediate account termination.

6. Payment Processing

Payment Processor: All payments on the Gameplan platform are processed through Stripe, Inc. and its Stripe Connect service ("Stripe Connect"). By using the Service to make or receive payments, you agree to be bound by Stripe's Terms of Service and Stripe's Connected Account Agreement, as applicable. Gameplan is not a payment processor and does not hold or manage funds directly.

Platform Fee: Gameplan's launch platform fee is 10% of the amount paid for each community subscription, tip or gift. For these payments, Gameplan covers standard payment processing from its platform fee, without a separate processing deduction from the athlete's share. Taxes, refunds, disputes and any bank or currency conversion charges can affect final receipts. Gameplan reserves the right to modify the platform fee with 30 days' advance notice to athletes.

Course Fees: Course purchases have separate commercial terms confirmed before an athlete launches a course. The current course pilot has 0% platform commission; actual payment processing costs and applicable refunds or disputes are deducted from course proceeds. The subscription, tip and gift fee does not determine a course's fee arrangement.

Payout Schedule: Bank payouts follow the schedule configured for the athlete's account. Stripe Connect accounts use their enabled payout settings; manual payout arrangements have a separately confirmed method and schedule. Customer billing, earnings becoming available and money arriving in the athlete's bank account are separate events. Verification, country eligibility, bank processing and payment holds can affect timing. Confirm the account's payout method and schedule before launching a paid offer. Gameplan may hold payouts for a reasonable period to mitigate risk of fraud, chargebacks or disputes. Minimum payout thresholds may apply.

Chargebacks and Disputes: If a chargeback or payment dispute is initiated by a Fan, Gameplan reserves the right to deduct the disputed amount, plus any associated fees imposed by Stripe, from the Creator's pending or future payouts. Creators agree to cooperate with Gameplan and Stripe in resolving any payment disputes.

Currency and Taxes: All fees and prices are quoted in US dollars unless otherwise stated. Creators and Fans are solely responsible for determining and paying any applicable taxes, including sales tax, VAT, income tax, or any other taxes or duties arising from their use of the Service.

7. Tipping & Gifts

The Platform allows Fans to send voluntary one-time payments ("Tips" or "Gifts") to Creators as a show of support and appreciation. By sending a Tip or Gift, you acknowledge and agree to the following:

Voluntary Nature: Tips and Gifts are entirely voluntary, discretionary payments. They are not required to access any Creator content or Platform features. There is no obligation for any Fan to send Tips or Gifts.

No Equity or Return: Tips and Gifts do not constitute an investment, loan, or purchase of any equity, ownership stake, or financial interest in the Creator, the Creator's career, earnings, or any other asset. Tips and Gifts do not entitle the sender to any return, refund, profit-sharing, revenue participation, or any other financial benefit whatsoever.

No Misrepresentation: Creators may not solicit Tips or Gifts by making false, misleading, or exaggerated claims about how the funds will be used. Creators may not promise specific outcomes, returns, or benefits in exchange for Tips or Gifts beyond the standard content and benefits included in their subscription tiers.

Non-Refundable: All Tips and Gifts are final and non-refundable once processed, except as required by applicable law. The Platform fee applies to Tips and Gifts in the same manner as subscription payments.

8. Prohibited Content & Conduct

You agree not to use the Service to create, upload, post, transmit, distribute, store, or otherwise make available any content or engage in any conduct that falls within the following categories. Violations may result in immediate content removal, account suspension, or permanent termination:

Adult & Sexually Explicit Content: Nudity, pornography, sexually explicit material, sexual services, live adult chat or cam services, escort services, or any content depicting sexual acts. This includes both real and simulated content, as well as content that sexualizes minors in any way.

Copyright Infringement & Intellectual Property Violations: Content that infringes upon any third party's copyright, trademark, patent, trade secret, or other intellectual property rights. This includes unauthorized reproduction, distribution, or display of copyrighted works, counterfeit goods, or pirated content.

Violent Extremism & Terrorism: Content that promotes, supports, glorifies, or incites terrorism, violent extremism, or terrorist organizations. This includes recruitment materials, instructional content for carrying out acts of violence, and propaganda for designated terrorist organizations.

Hate Speech & Discrimination: Content that promotes hatred, violence, discrimination, or harassment against individuals or groups based on race, ethnicity, national origin, religion, gender, gender identity, sexual orientation, age, disability, veteran status, or any other protected characteristic. This includes slurs, dehumanizing language, and calls for exclusion or violence against protected groups.

Illegal Goods & Services: Content that facilitates, promotes, or offers the sale, purchase, or exchange of illegal goods or services, including but not limited to illegal weapons, stolen property, counterfeit documents, or any items prohibited by applicable law.

Fraud & Scams: Content designed to deceive, defraud, or mislead other users or third parties, including phishing schemes, Ponzi schemes, pyramid schemes, fake fundraising, identity theft, financial fraud, or any form of deceptive practices.

Gambling: Content that promotes, facilitates, or constitutes unlicensed gambling, sports betting, casino games, lotteries, or any other games of chance where real money or items of value are wagered, unless properly licensed and in compliance with all applicable laws.

Drug & Substance Sales: Content that promotes, facilitates, or offers the sale, purchase, or distribution of controlled substances, illegal drugs, drug paraphernalia, or the misuse of prescription medications or other regulated substances.

Financial Services Misuse: Content that offers unauthorized financial services, including unlicensed money transmission, unauthorized securities offerings, cryptocurrency fraud, unregistered investment advice, or any financial activity that violates applicable financial regulations.

Harassment, Bullying & Doxxing: Content that constitutes bullying, intimidation, harassment, or threats directed at any individual. This includes doxxing (publishing private or identifying information about another person without their consent), cyberstalking, targeted abuse, revenge content, and coordinated harassment campaigns.

Impersonation: Content or accounts that impersonate or misrepresent affiliation with any person, organization, or entity, including Gameplan employees, other Creators, public figures, or brands.

Spam & Manipulative Content: Unsolicited promotional content, spam, chain messages, automated posting, engagement manipulation, fake reviews, click-bait, or any deceptive practices designed to artificially inflate metrics, followers, or engagement.

Child Safety: Any content that exploits, abuses, or endangers minors, including child sexual abuse material (CSAM). Gameplan has zero tolerance for any content that endangers children and will report such content to the National Center for Missing & Exploited Children (NCMEC) and relevant law enforcement authorities.

Self-Harm & Dangerous Activities: Content that promotes, glorifies, or provides instructions for self-harm, suicide, eating disorders, or dangerous challenges and activities that could result in physical injury or death.

Malware & System Abuse: Content that contains viruses, malware, spyware, or any code designed to disrupt, damage, or gain unauthorized access to computer systems, networks, or user data. This includes attempts to exploit vulnerabilities in the Platform.

9. Content Moderation & Enforcement

Gameplan reserves the right, but is not obligated, to review, monitor, moderate, and remove any content posted on the Platform at our sole discretion. We may take action against any content or user that violates these Terms, our Community Guidelines, or applicable law.

Moderation Actions: Gameplan may take any of the following actions in response to content or conduct violations, without prior notice: (a) issue a warning to the user; (b) remove or disable access to specific content; (c) temporarily restrict or suspend account features; (d) temporarily suspend the account; (e) permanently terminate the account; (f) report the content or user to law enforcement authorities; (g) withhold or delay Creator payouts pending investigation; or (h) any combination of the above.

Reporting: Users may report content or conduct that they believe violates these Terms through the Platform's reporting mechanisms or by contacting support@gameplan.io. We will review reports in a timely manner, though we cannot guarantee a specific response time. The outcome of any report is at Gameplan's sole discretion.

Automated Systems: Gameplan may employ automated systems, algorithms, and third-party tools to detect and flag potentially violating content. Automated detection may result in content being temporarily removed or restricted pending manual review.

10. Repeat Violator Policy

Gameplan enforces a structured repeat violator policy to maintain the integrity and safety of the Platform:

First Violation: The user will receive a formal warning and the offending content will be removed. The user will be notified of the specific policy violation and provided guidance on how to avoid future violations.

Second Violation: The user's account will be temporarily suspended for a period determined by Gameplan, typically ranging from 7 to 30 days depending on the severity of the violation. During suspension, the user will not be able to access the Platform or receive payouts (for Creators).

Third Violation: The user's account will be permanently terminated. For Creators, any pending payouts will be subject to review and may be withheld in accordance with applicable law and our payment processor's policies. Permanently terminated users may not create new accounts on the Platform.

Severe Violations: Notwithstanding the above, Gameplan reserves the right to immediately and permanently terminate any account, without prior warning, for severe violations including but not limited to: child exploitation material, terrorist content, credible threats of violence, fraud, or any activity requiring immediate reporting to law enforcement. The three-strike system does not apply to severe violations.

11. DMCA & Copyright Policy

Gameplan respects the intellectual property rights of others and complies with the Digital Millennium Copyright Act ("DMCA"). We will respond to notices of alleged copyright infringement that comply with the DMCA and applicable law.

Filing a DMCA Takedown Notice: If you believe that your copyrighted work has been copied and is accessible on the Platform in a way that constitutes copyright infringement, you may submit a written notification to our designated DMCA agent. Your notice must include: (a) a physical or electronic signature of the copyright owner or authorized representative; (b) identification of the copyrighted work claimed to have been infringed; (c) identification of the material that is claimed to be infringing and its location on the Platform; (d) your contact information, including address, telephone number, and email address; (e) a statement that you have a good faith belief that use of the material is not authorized by the copyright owner, its agent, or the law; and (f) a statement, under penalty of perjury, that the information in the notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.

Counter-Notice: If you believe that your content was removed or disabled as a result of a mistake or misidentification, you may submit a written counter-notice to our DMCA agent. Your counter-notice must include: (a) your physical or electronic signature; (b) identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed; (c) a statement under penalty of perjury that you have a good faith belief that the content was removed or disabled as a result of mistake or misidentification; and (d) your name, address, and telephone number, and a statement that you consent to the jurisdiction of the federal court in your district and that you will accept service of process from the person who provided the original DMCA notification.

Repeat Infringer Policy: In accordance with the DMCA and other applicable law, Gameplan has adopted a policy of terminating, in appropriate circumstances and at Gameplan's sole discretion, accounts of users who are deemed to be repeat infringers. Gameplan may also, at its sole discretion, limit access to the Platform or terminate the accounts of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.

DMCA Agent Contact: DMCA notices and counter-notices should be sent to: support@gameplan.io, Subject: DMCA Notice.

12. Intellectual Property

The Gameplan name, logo, trademarks, service marks, and all related names, logos, product and service names, designs, and slogans are the exclusive property of Gameplan. You may not use such marks without the prior written permission of Gameplan. All other names, logos, product and service names, designs, and slogans on the Platform are the trademarks of their respective owners.

The Service and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, audio, design, selection, and arrangement thereof) are owned by Gameplan, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

You are granted a limited, non-exclusive, non-transferable, revocable license to access and use the Service for your personal, non-commercial use, subject to these Terms. This license does not include the right to: (a) modify or copy the materials; (b) use the materials for any commercial purpose; (c) attempt to decompile or reverse-engineer any software contained on the Platform; (d) remove any copyright or proprietary notations from the materials; or (e) transfer the materials to another person or "mirror" the materials on any other server.

13. Indemnification

You agree to defend, indemnify, and hold harmless Gameplan, its officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to: (a) your violation of these Terms; (b) your use of the Service, including but not limited to any content you submit, post, or transmit through the Service; (c) your violation of any third-party right, including any intellectual property, publicity, confidentiality, property, or privacy right; (d) your violation of any applicable law, rule, or regulation; (e) any claim or damage that arises as a result of any content you make available through the Service; or (f) any misrepresentation made by you.

This indemnification obligation will survive the termination of these Terms and your use of the Service. Gameplan reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Gameplan in asserting any available defenses.

14. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL GAMEPLAN, ITS OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AGENTS, LICENSORS, OR SUPPLIERS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR IN CONNECTION WITH: (A) YOUR USE OF OR INABILITY TO USE THE SERVICE; (B) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICE, INCLUDING CREATOR CONTENT; (C) ANY CONTENT OBTAINED FROM THE SERVICE; (D) UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT; OR (E) ANY OTHER MATTER RELATING TO THE SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT GAMEPLAN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

IN NO EVENT SHALL GAMEPLAN'S TOTAL AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE SERVICE EXCEED THE GREATER OF: (A) THE AMOUNTS YOU HAVE PAID TO GAMEPLAN IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM; OR (B) ONE HUNDRED US DOLLARS ($100). THE LIMITATIONS OF THIS SECTION SHALL APPLY TO ANY THEORY OF LIABILITY, WHETHER BASED ON WARRANTY, CONTRACT, STATUTE, TORT, OR OTHERWISE.

THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. GAMEPLAN DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE.

15. Dispute Resolution

Informal Resolution: Before filing any legal claim, you agree to attempt to resolve the dispute informally by contacting Gameplan at support@gameplan.io. We will attempt to resolve the dispute informally by contacting you via email. If a dispute is not resolved within 30 days of submission, you or Gameplan may pursue formal resolution as set forth below.

Binding Arbitration: Any dispute, controversy, or claim arising out of or relating to these Terms or the Service that cannot be resolved informally shall be settled by binding arbitration administered by the American Arbitration Association ("AAA") in accordance with its Commercial Arbitration Rules. The arbitration shall be conducted in the English language. The arbitrator's decision shall be final and binding and may be entered as a judgment in any court of competent jurisdiction. Each party shall bear its own costs and expenses of arbitration, unless the arbitrator determines otherwise.

Class Action Waiver: YOU AGREE THAT ANY DISPUTE RESOLUTION PROCEEDINGS WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION. YOU WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION AGAINST GAMEPLAN.

Governing Law: These Terms shall be governed by and construed in accordance with the laws of the State of Delaware, United States, without regard to its conflict of law provisions. Any legal action or proceeding not subject to arbitration shall be brought exclusively in the federal or state courts located in Delaware.

16. Account Termination

Gameplan reserves the right to suspend, restrict, or terminate your account and access to the Service, at our sole discretion, at any time, for any reason, with or without notice, including but not limited to: (a) violation of these Terms or any other Gameplan policies; (b) fraudulent, abusive, or illegal activity; (c) conduct that is harmful to other users, third parties, or the business interests of Gameplan; (d) prolonged inactivity; (e) request by law enforcement or other government agencies; (f) unexpected technical or security issues; or (g) non-payment of any fees owed.

Effect of Termination: Upon termination of your account: (a) your right to access and use the Service will cease immediately; (b) Gameplan may delete or archive your account information and content; (c) for Creators, any pending payouts will be processed in accordance with Stripe Connect's policies and applicable law, less any amounts owed to Gameplan or subject to dispute; (d) for Fans, active subscriptions will be cancelled and no refunds will be issued for the current billing period; and (e) any provisions of these Terms that by their nature should survive termination shall survive, including ownership, warranty disclaimers, indemnification, and limitations of liability.

Voluntary Termination: You may terminate your account at any time by contacting support@gameplan.io or through your account settings. Creator accounts must have all outstanding payouts processed before the account can be fully closed.

17. Compliance with Laws

You agree to comply with all applicable local, state, national, and international laws, regulations, and ordinances in connection with your use of the Service. This includes, but is not limited to, laws regarding online conduct, acceptable content, data privacy, export control, consumer protection, unfair competition, anti-discrimination, and taxation.

Creators are solely responsible for ensuring that their content and business activities comply with all applicable laws in their jurisdiction, including any licensing, disclosure, or regulatory requirements specific to their profession or industry. Creators are further responsible for complying with applicable tax laws and reporting requirements in connection with their earnings through the Platform.

Gameplan cooperates with law enforcement authorities and may disclose user information, content, or account data when required by law, subpoena, court order, or when we believe in good faith that disclosure is necessary to protect our rights, protect your safety or the safety of others, investigate fraud, or respond to a government request.

18. Changes to Terms

Gameplan reserves the right to modify, amend, or replace these Terms at any time at our sole discretion. When we make material changes to these Terms, we will notify users by: (a) sending an email notification to the address associated with your account; and/or (b) displaying a prominent notice within the Service. Material changes will become effective 30 days after notification, unless otherwise specified.

Your continued use of the Service after any changes to these Terms constitutes your acceptance of the revised Terms. If you do not agree to the revised Terms, you must stop using the Service and terminate your account. It is your responsibility to review these Terms periodically for changes. We encourage you to check this page frequently to stay informed of any updates.

19. Contact Information

If you have any questions, concerns, or feedback about these Terms of Service, the Service, or any other matters, please contact us at:

Gameplan
Email: support@gameplan.io

For DMCA notices, copyright claims, and intellectual property concerns, please direct your correspondence to the same email address with the subject line "DMCA Notice" or "IP Concern."

For payment-related inquiries, disputes, or payout issues, please contact us at support@gameplan.io with the subject line "Payment Inquiry."

We aim to respond to all inquiries within 2-3 business days.