FortiFly Sports Terms & Conditions

Effective Date: August 24, 2026

Last Updated: August 24, 2026

These Terms & Conditions (“Terms”) govern your use of products and services offered by Soar by FortiFly LLC, doing business as FortiFly Sports (“FortiFly,” “we,” “us,” or “our”), including our website, assessments, digital content, athlete development programs, virtual sessions, resources, promotions, and related services (collectively, the “Services”).

By creating an account, registering for or purchasing a Service, authorizing a minor to participate, participating in a Service that requires acceptance of these Terms, checking an acceptance box, electronically signing an enrollment or consent form, or otherwise affirmatively agreeing to these Terms, you agree to be bound by these Terms and our Privacy Policy.

If you are a parent or legal guardian registering or authorizing a minor to participate in the Services, you agree to these Terms on your own behalf and, where permitted by law, on behalf of the minor.

If you do not agree to these Terms, do not register for, purchase, or use the applicable Services.

1. Eligibility and Youth Participation

FortiFly provides certain Services for youth athletes ages 10 through 18 and their parents or legal guardians.

Depending on the Service and the athlete’s age, a parent or legal guardian may be required to register, make a purchase, provide information about the athlete, authorize participation, provide required acknowledgments or consents, or otherwise participate in the process.

Athletes Under Age 13

For athletes under age 13, FortiFly requires a parent or legal guardian to participate in the applicable registration, assessment, or enrollment process.

Where FortiFly collects personal information online directly from a child under age 13, FortiFly will provide required parental notice and obtain verifiable parental consent before collection, use, or disclosure, except where an applicable legal exception permits otherwise.

Acceptance of these Terms alone does not constitute verifiable parental consent where a separate consent process is required by applicable law.

Athletes Ages 13–17

Athletes ages 13 through 17 may be permitted to independently complete certain questionnaires, assessments, educational activities, or other portions of the Services where FortiFly allows.

Parent or legal guardian authorization may still be required.

A parent or legal guardian must authorize a minor’s participation in a Growth Pathway or other FortiFly Service involving scheduled one-on-one virtual sessions with an Athlete Captain.

Athletes Age 18

An athlete who is 18 years old is an adult participant.

An 18-year-old athlete may be required to independently accept these Terms, recording notices, privacy acknowledgments, or other participation requirements applicable to the athlete, even if another person purchases the Service on the athlete’s behalf.

Parent and Guardian Responsibility

Parents and legal guardians are responsible for:

• Providing accurate information;

• Having legal authority to authorize the minor’s participation;

• Providing required consents;

• Helping ensure the minor follows FortiFly participation and safety requirements; and

• Informing FortiFly of information reasonably relevant to safe participation.

Additional information about FortiFly’s collection and handling of personal information, including children’s personal information, is available in our Privacy Policy.

2. FortiFly Services

FortiFly provides educational athlete development, development-focused assessments, digital resources, and guided support.

Services may include:

• The FortiFly Growth Code;

• Athlete development assessments and questionnaires;

• Growth Blueprints;

• Growth Pathways;

• One-on-one virtual athlete development sessions;

• Educational modules, tools, and resources;

• Athlete Playbooks and related materials;

• Parent-facing information and updates;

• Follow-up or progress-focused Growth Blueprints;

• Giveaways and promotions; and

• Other FortiFly products, programs, resources, or experiences.

The availability, features, format, pricing, and scope of Services may change over time.

3. FortiFly, Athlete Captains, and the Service Relationship

FortiFly designs, administers, sells, and supports its Services, including the Growth Blueprint and Growth Pathway.

FortiFly may engage Athlete Captains, Navigators, consultants, independent contractors, service providers, and other authorized individuals to provide portions of the Services.

Unless FortiFly expressly states otherwise:

• The customer purchases the applicable Service from FortiFly;

• Payments are made to FortiFly or its authorized payment processor;

• Athlete Captains do not independently sell the Growth Pathway to participating families;

• Participation does not create a separate contractual service relationship between the family and an Athlete Captain;

• Athlete Captains do not have authority to modify FortiFly pricing, policies, program requirements, or these Terms; and

• Athlete Captains may provide services as independent contractors rather than employees of FortiFly.

FortiFly establishes the applicable program framework, educational scope, safety requirements, approved communication systems, participation requirements, and required records.

Athlete Matching

FortiFly’s standard matching protocol for one-on-one youth Growth Pathway sessions is same-sport and same-gender pairing.

FortiFly may also consider:

• Availability;

• Athlete age;

• Program fit;

• Relevant experience;

• Development focus areas; and

• Other circumstances reasonably related to a successful match.

If the standard matching protocol is not reasonably available or does not fit an athlete’s circumstances, FortiFly will discuss any materially different proposed match with the parent or legal guardian before proceeding.

Purchasing a Service does not guarantee access to a particular named Athlete Captain.

FortiFly may replace or rematch an Athlete Captain when reasonably necessary because of availability, athletic or academic obligations, employment changes, safety concerns, program fit, scheduling, termination of the Captain’s relationship with FortiFly, or other operational reasons.

College, Team, and Athletic Affiliations

References to an Athlete Captain’s current or former college, university, athletic program, team, conference, league, or other affiliation are provided for informational or biographical purposes.

Unless expressly stated otherwise, those organizations do not sponsor, operate, approve, or endorse FortiFly or its Services.

No Athlete Captain may represent that their school, team, conference, athletic department, league, governing body, or other organization endorses FortiFly unless FortiFly has confirmed such authorization.

4. Educational Scope and Important Disclaimer

FortiFly provides educational athlete development and guided support.

Our Services may address areas such as:

• Confidence;

• Focus;

• Pressure response;

• Mistake response;

• Self-awareness;

• Habits;

• Recovery and readiness awareness;

• Body awareness;

• Decision-making;

• Game understanding;

• Communication;

• Leadership;

• Preparation;

• Routines;

• Responsibility; and

• Follow-through.

FortiFly is not a medical provider, mental health provider, therapist, counselor, registered dietitian, athletic trainer, physical therapist, or other licensed healthcare provider unless expressly stated in connection with a specific Service.

FortiFly Services are not intended to provide or replace:

• Medical advice, diagnosis, or treatment;

• Mental health counseling, psychotherapy, therapy, or crisis care;

• Injury diagnosis, rehabilitation, treatment, or return-to-play clearance;

• Individualized nutrition or dietary treatment;

• Prescriptive exercise, rehabilitation, or strength and conditioning programs;

• Technical or sport-specific skills instruction;

• Academic tutoring;

• Recruiting representation, placement, or recruiting guarantees;

• Legal, financial, or other licensed professional services.

FortiFly may use sport-specific situations, game film, examples, questions, scenarios, reflection activities, or discussions as part of its educational Services.

Use of sport-specific examples does not make FortiFly a substitute for an athlete’s coaches, healthcare professionals, athletic trainers, strength professionals, teachers, or other qualified professionals.

Users should seek appropriate professional assistance when individualized medical, mental health, nutritional, injury-related, athletic-training, emergency, or other professional support is needed.

5. Growth Codes, Growth Blueprints, and Development Information

FortiFly assessments, Growth Codes, Growth Blueprints, questionnaires, stage results, focus areas, and related materials are designed to support athlete reflection, education, and development planning.

They are not diagnoses, clinical evaluations, psychological tests, medical assessments, scouting evaluations, talent ratings, permanent labels, or definitive predictions.

Growth Stages and other FortiFly developmental classifications are intended to describe patterns or areas of development at a particular point in time.

An athlete may be at different stages in different areas, and results may change over time.

FortiFly may use information provided by athletes and parents, sport-related questions, scenarios, reflection prompts, and other relevant information to create Growth Blueprint results and educational recommendations.

6. No Guaranteed Outcomes

Every athlete develops differently.

FortiFly does not guarantee any particular:

• Athletic performance;

• Personal-development result;

• Improvement;

• Statistical outcome;

• Playing time;

• Starting position;

• Roster selection;

• Team placement;

• Scholarship;

• Recruiting result;

• College opportunity;

• Academic result;

• Leadership role; or

• Other specific outcome.

Participation in FortiFly does not guarantee improvement or any particular result.

7. Youth Safety and Live Session Participation

FortiFly maintains safety, supervision, communication, recording, and participation requirements for Services involving youth athletes.

Parents, legal guardians, athletes, and other participants agree to follow the requirements applicable to the Service being used.

One-on-One Sessions With Adult Athlete Captains

Growth Pathway sessions generally involve one-on-one virtual educational sessions between a youth athlete and an adult Athlete Captain.

By authorizing a minor to participate in a Growth Pathway, the parent or legal guardian acknowledges the nature of these one-on-one interactions and expressly authorizes the athlete’s participation subject to FortiFly’s safety requirements.

Approved Adult Nearby

During a live virtual session involving a minor athlete, a parent, legal guardian, or other adult approved by the parent or legal guardian must be physically nearby and reasonably available for the duration of the session.

The approved adult does not need to actively participate in the session unless FortiFly requires otherwise.

FortiFly may pause, end, or decline to conduct a session if required supervision or safety conditions are not met.

Approved Communication Channels

Communication between youth athletes and Athlete Captains must occur through FortiFly-approved channels and systems.

Unless both FortiFly and the athlete’s parent or legal guardian expressly approve otherwise, Athlete Captains and youth athletes may not exchange or use:

• Personal phone numbers;

• Personal email addresses;

• Personal social-media accounts;

• Direct messages through personal social-media platforms;

• Private messaging applications;

• Personal gaming or communication accounts; or

• Other unapproved communication methods.

Athletes, parents, guardians, and Athlete Captains may not use FortiFly Services to arrange, encourage, or conceal unauthorized off-platform contact.

Parents and guardians agree not to encourage a youth athlete to bypass these communication safeguards.

In-Person Contact

FortiFly Growth Pathways are designed as virtual educational Services unless FortiFly expressly states otherwise in writing.

Participation in FortiFly does not authorize an Athlete Captain to arrange independent in-person meetings, private training sessions, transportation, overnight activities, or similar contact with a youth athlete.

8. Athlete Captain Screening, Training, and Safety Measures

Before becoming eligible to conduct one-on-one youth Growth Pathway sessions, Athlete Captains must complete the screening, training, acknowledgments, and onboarding requirements designated by FortiFly.

These requirements may include:

• Background screening;

• Youth-safety training;

• Live interviews;

• Safety acknowledgments;

• Scope-of-service training; and

• Other onboarding requirements established by FortiFly.

FortiFly may also use safety measures such as:

• Parent or guardian authorization;

• Approved communication channels;

• Session recording;

• Adult-nearby requirements;

• Documentation;

• Internal review; and

• Safety escalation procedures.

These measures are designed to help reduce risk and support appropriate youth participation.

However, no background check, screening procedure, training program, supervision rule, recording process, or other safety measure can guarantee an individual’s future conduct or eliminate all risk.

Parents and guardians should promptly report conduct or communications that appear inconsistent with FortiFly’s safety requirements.

9. Safety Concerns, Mandatory Reporting, and Emergencies

FortiFly is not an emergency response, crisis intervention, medical, or mental-health crisis service.

If an athlete is experiencing an immediate emergency or requires urgent professional assistance, users should contact the appropriate emergency service or qualified professional.

If FortiFly becomes aware of information that reasonably raises a safety or welfare concern, FortiFly may take appropriate action based on the circumstances and applicable law.

This may include:

• Ending or pausing a session;

• Contacting a parent or legal guardian;

• Escalating the concern internally;

• Restricting communication or participation;

• Contacting emergency services;

• Contacting appropriate authorities; or

• Making another disclosure permitted or required by law.

FortiFly will comply with applicable mandatory-reporting and other legal obligations concerning suspected abuse, neglect, exploitation, or threats to an individual’s safety.

Nothing in these Terms requires FortiFly to withhold information where disclosure is reasonably necessary to address a safety or welfare concern or where disclosure is permitted or required by applicable law.

Any such disclosure will otherwise be handled in accordance with FortiFly’s Privacy Policy.

10. Accounts and Information You Provide

You agree to provide accurate, current, and complete information when registering for or using the Services.

You are responsible for maintaining the confidentiality of account credentials associated with your use of FortiFly and for activity through your account, except where otherwise provided by law.

You may not:

• Impersonate another person;

• Knowingly provide materially false information;

• Use information you are not authorized to use;

• Misrepresent your authority to act for a minor;

• Allow unauthorized individuals to access restricted Services through your account; or

• Circumvent age, consent, supervision, recording, or safety requirements.

Please contact FortiFly if you believe an account has been accessed without authorization.

11. Purchases and Growth Pathway Program Terms

Prices, payment schedules, included features, package use periods, and other purchase terms will be presented at checkout, enrollment, or otherwise before purchase.

By completing a purchase, you agree to pay the amounts disclosed for the applicable Service.

Payments may be processed through third-party payment providers.

Pathway Packages

FortiFly may offer Growth Pathways containing a specified number of sessions.

The exact:

• Price;

• Number of sessions;

• Included features;

• Payment options;

• Package use period; and

• Other material purchase terms presented at the time of purchase will control.

Installment Plans Are Package Payment Plans

When FortiFly allows a customer to pay for a Pathway through multiple installments, the installment arrangement is a method of paying for one purchased program package.

It is not a month-to-month membership and does not mean that each installment purchases only the sessions occurring during that month.

Unless otherwise stated in writing or required by law, selecting an installment plan represents a commitment to pay the full disclosed package price according to the applicable payment schedule.

Stopping participation does not, by itself, cancel remaining installment obligations.

If a scheduled installment payment fails, FortiFly may pause future sessions or access until the account is brought current.

No Automatic Renewal

Growth Pathway packages do not automatically renew unless an automatic-renewal arrangement is separately disclosed to and affirmatively accepted by the customer.

Growth Blueprint Credits

Where FortiFly offers a credit for the purchase of an eligible standalone Growth Blueprint toward a later Growth Pathway purchase, the amount, eligibility requirements, expiration period, and other conditions will be disclosed with the applicable offer or at checkout.

Unless otherwise stated, a Blueprint credit:

• May be used only once;

• Is not transferable;

• Has no separate cash value;

• May not be combined with another Blueprint credit for the same athlete; and

• Must be applied through the payment or checkout process designated by FortiFly.

Package Use Periods

Each Pathway has a defined use period that will be disclosed before purchase.

Unless FortiFly expressly extends that period in writing, unused sessions expire at the end of the applicable use period, subject to applicable law.

FortiFly may approve an extension when reasonably appropriate because of:

• Athlete Captain availability;

• FortiFly scheduling issues;

• Injury or illness;

• Family circumstances; or

• Other circumstances approved by FortiFly.

Scheduling

Families provide scheduling information or availability as requested by FortiFly.

FortiFly may use that information and Athlete Captain availability to propose or coordinate session times.

Purchasing a Pathway does not guarantee:

• A particular day or time;

• Immediate availability;

• A particular Athlete Captain; or

• Uninterrupted availability of the originally matched Captain.

Rescheduling and Cancellations

Unless different terms are disclosed for a particular purchase:

24 hours or more before the scheduled session: The family may request to reschedule without the session being treated as used, subject to available rescheduling options.

Less than 24 hours before the scheduled session: The session may be treated as used and remains payable.

Athlete no-show: A missed session may be treated as used and remains payable.

FortiFly may, in its discretion, make exceptions to this policy based on the circumstances.

An exception does not modify or waive the policy for future sessions.

FortiFly or Athlete Captain Cancellation

If FortiFly or an Athlete Captain cancels a session, the session will not be treated as used and FortiFly will provide a reasonable opportunity to reschedule.

Technology Problems

If a material technology issue attributable to FortiFly or the Athlete Captain prevents a scheduled session from being meaningfully conducted, the session will not be treated as used and FortiFly will provide a reasonable rescheduling opportunity.

Technology issues attributable primarily to the participant will be addressed reasonably based on the circumstances and FortiFly’s applicable scheduling policy.

Refunds and Stopping Participation Early

A family may choose to stop participating in a Pathway.

Unless otherwise stated at checkout, in a written FortiFly policy, or required by law:

• Amounts already paid after the Pathway has begun are generally nonrefundable;

• Selecting an installment payment option represents a commitment to pay the full package price;

• Stopping participation early does not automatically cancel remaining installment obligations;

• Unused sessions generally remain available through the applicable package use period; and

• FortiFly may make discretionary exceptions based on extraordinary circumstances.

If FortiFly is unable to deliver a material remaining portion of a paid Service and cannot reasonably provide a replacement, rematch, rescheduling opportunity, or other appropriate cure, FortiFly will provide an appropriate refund, credit, or other adjustment for the undelivered portion, as required by the circumstances and applicable law.

Nothing in this section limits refund or cancellation rights that cannot lawfully be waived.

12. Content You Provide

You may provide or upload information, written responses, photos, videos, game film, audio, documents, or other materials through the Services (“User Content”).

You represent that you have the right and authority to provide the User Content and that doing so does not knowingly violate another person’s rights.

You retain ownership of User Content you provide.

By providing User Content, you grant FortiFly a non-exclusive, worldwide, royalty-free license to host, store, reproduce, process, analyze, and otherwise use the User Content as reasonably necessary to:

• Provide and administer the Services;

• Deliver the applicable product or program;

• Prepare Growth Blueprints or other athlete-development materials;

• Support the athlete’s FortiFly experience;

• Make relevant information available to authorized FortiFly personnel involved in providing the Service;

• Operate and maintain FortiFly systems;

• Conduct authorized internal quality assurance;

• Create aggregated or de-identified information as described in our Privacy Policy; and

• Fulfill legal, safety, and operational obligations.

This license continues only for as long as reasonably necessary for those purposes, subject to FortiFly’s Privacy Policy, applicable retention practices, and applicable law.

FortiFly will not use an identifiable athlete’s name, image, likeness, video, game film, testimonial, or session recording in public advertising or promotional content solely because these Terms were accepted.

Separate permission or authorization may be required for such public use.

13. Session Recording and Consent

Recording of Growth Pathway Sessions

Unless FortiFly expressly states otherwise, Growth Pathway virtual sessions are recorded.

A recording may include audio, video, screen content, chat, or other information exchanged through the applicable virtual-session platform.

Notice and Consent

FortiFly will provide recording notice to session participants and obtain consent from participants or their authorized parent or legal guardian as required by applicable law.

For a minor athlete, FortiFly may require the parent or legal guardian to provide a separate Parent/Guardian Authorization and Recording Consent before the athlete participates.

By providing that authorization, the parent or legal guardian:

• Acknowledges that applicable sessions will be recorded;

• Consents to recording of the minor’s participation;

• Represents that they have legal authority to provide the applicable consent; and

• Authorizes FortiFly to use and retain the recording for the purposes disclosed in these Terms, the applicable consent, and the Privacy Policy.

Athlete Captains and other FortiFly personnel participating in recorded sessions are also subject to FortiFly’s applicable recording notice and consent requirements.

FortiFly will not intentionally record a session unless the consents required by applicable law have been obtained.

If a required recording consent is not provided, the athlete may be unable to participate in a Growth Pathway session for which recording is a safety or program requirement.

Permitted Uses of Recordings

FortiFly may use session recordings for legitimate purposes including:

• Youth safety;

• Program administration;

• Session documentation;

• Internal review;

• Quality assurance;

• Training or supervision of authorized FortiFly personnel, where permitted by the applicable consent and Privacy Policy;

• Resolving complaints or disputes;

• Investigating potential policy or safety violations; and

• Satisfying legal obligations.

FortiFly will retain recordings only for as long as reasonably necessary for the purposes for which they were collected, subject to applicable legal, safety, dispute-resolution, and recordkeeping requirements.

Additional information about retention and handling of recordings is provided in FortiFly’s Privacy Policy.

Participation in a recorded session does not authorize public advertising, social-media, testimonial, or promotional use of an identifiable athlete’s recording without separate permission where required.

14. FortiFly Intellectual Property

The FortiFly Services and materials made available through them, including our:

• Names;

• Branding;

• Logos;

• Assessments;

• Question banks;

• Growth Code materials;

• Growth Blueprints;

• Growth Stages;

• Growth Zones;

• Frameworks;

• Modules;

• Videos;

• Graphics;

• Written content;

• Worksheets;

• Athlete Playbooks;

• Designs;

• Digital tools; and

• Software

are owned by or licensed to Soar by FortiFly LLC and are protected by applicable intellectual-property laws.

FortiFly grants users a limited, personal, non-exclusive, non-transferable right to access and use materials provided through the Services for their intended personal or family use.

Unless expressly authorized by FortiFly, you may not:

• Copy or reproduce FortiFly materials for commercial purposes;

• Sell, sublicense, redistribute, or republish FortiFly materials;

• Reproduce, publish, or distribute FortiFly assessments or question banks;

• Scrape or systematically extract FortiFly content or data;

• Create unauthorized commercial products based on FortiFly proprietary materials;

• Remove copyright, trademark, or other proprietary notices; or

• Use FortiFly branding in a way that suggests unauthorized endorsement or affiliation.

Purchasing or accessing a Service does not transfer ownership of FortiFly intellectual property.

15. Acceptable Use

You agree not to:

• Use the Services for unlawful, fraudulent, abusive, exploitative, or harmful purposes;

• Gain or attempt to gain unauthorized access to systems, accounts, recordings, or information;

• Interfere with the security or operation of the Services;

• Introduce malicious code or harmful technologies;

• Scrape or systematically extract protected content or data without authorization;

• Harass, threaten, exploit, groom, or harm another person;

• Circumvent FortiFly youth-safety, recording, supervision, or communication requirements;

• Facilitate inappropriate or unauthorized contact with a minor;

• Use FortiFly to arrange unauthorized private interactions with an Athlete Captain;

• Record, publish, or redistribute FortiFly sessions or materials in violation of applicable law or another person’s rights; or

• Violate another person’s intellectual-property, privacy, publicity, or other legal rights.

FortiFly may restrict or terminate access when we reasonably believe the Services are being misused or these Terms, applicable safety requirements, or the law have been violated.

16. Communications

FortiFly may send communications reasonably necessary to provide or administer the Services, including messages related to:

• Purchases;

• Accounts;

• Assessments;

• Scheduling;

• Sessions;

• Athlete matching;

• Program administration;

• Customer support;

• Safety matters; and

• Promotions or giveaways.

You may separately choose to receive promotional or marketing communications and may unsubscribe from promotional emails using the unsubscribe option provided.

Text Messages

If FortiFly offers text messaging, you may be asked to separately consent to receive certain informational or promotional text messages.

Consent to promotional text messages is optional and is not a condition of purchasing FortiFly Services or entering a giveaway unless otherwise permitted by law.

Message and data rates may apply, and message frequency may vary.

You may withdraw applicable text-message consent using an available opt-out method or by contacting FortiFly.

Providing a mobile phone number does not, by itself, constitute consent to receive promotional text messages where additional consent is required by law.

17. Privacy

Our Privacy Policy explains how FortiFly collects, uses, discloses, retains, and protects personal information and is incorporated into these Terms by reference.

The Privacy Policy also describes FortiFly’s practices relating to:

• Children’s personal information;

• Athlete and parent information;

• Assessments and questionnaires;

• Session recordings;

• Uploaded media;

• Service providers;

• Data retention;

• Aggregated information; and

• De-identified information.

18. Third-Party Services

FortiFly may use or provide access to third-party products and platforms, including:

• Payment processors;

• Scheduling tools;

• Virtual meeting platforms;

• Form and assessment providers;

• Cloud-storage providers;

• Database and technology providers;

• Email and communication providers;

• Background-screening providers; and

• Other operational services.

Third-party services may be subject to their own terms and privacy policies.

To the fullest extent permitted by law, FortiFly is not responsible for the independent acts, omissions, availability, security, content, or privacy practices of third-party services outside FortiFly’s reasonable control.

19. Service Availability and Changes

FortiFly works to provide reliable Services but does not guarantee that every Service will always be available, uninterrupted, secure, or error-free.

FortiFly may add, modify, replace, suspend, or discontinue Services or features as the business evolves.

FortiFly may also restrict or suspend access when reasonably necessary for:

• Maintenance;

• Security;

• Safety;

• Legal compliance;

• Nonpayment;

• Technology issues; or

• Operational reasons.

If a material change affects a Service that has already been purchased, FortiFly will address applicable obligations under the relevant purchase terms and applicable law.

20. Disclaimer of Warranties

To the fullest extent permitted by applicable law, the Services are provided on an “as is” and “as available” basis.

FortiFly does not warrant or guarantee that:

• The Services will always be uninterrupted or error-free;

• Every Service will meet every user’s individual expectations;

• Assessments or results will predict future behavior or performance;

• Participation will produce a particular outcome;

• An Athlete Captain will provide the same experience as another Athlete Captain;

• A specific Athlete Captain, Navigator, consultant, or other individual will remain available; or

• Screening or safety measures can eliminate all risk.

Nothing in these Terms excludes warranties, protections, or rights that cannot legally be excluded.

21. Limitation of Liability

To the fullest extent permitted by applicable law, Soar by FortiFly LLC and its owners, officers, employees, representatives, and agents will not be liable for indirect, incidental, special, consequential, exemplary, or punitive damages arising out of or related to your use of or inability to use the Services.

To the fullest extent permitted by applicable law, FortiFly’s total aggregate liability arising out of or relating to the specific Service giving rise to a claim will not exceed the greater of:

• The amount paid to FortiFly for that Service during the 12 months preceding the event giving rise to the claim; or

• $100.

Nothing in these Terms is intended to exclude or limit liability for fraud, willful misconduct, gross negligence, or any other liability that cannot lawfully be excluded or limited.

Some jurisdictions do not permit certain limitations or exclusions. In those jurisdictions, these provisions will apply only to the maximum extent permitted by law.

22. Responsibility for Misuse

To the extent permitted by applicable law, you are responsible for claims, losses, or expenses resulting from:

• Your unlawful or unauthorized use of the Services;

• Your material violation of these Terms;

• Your intentional circumvention of FortiFly youth-safety requirements;

• User Content you provide without the necessary rights or authorization; or

• Your violation of another person’s legal rights.

This provision does not require you to assume responsibility for conduct attributable solely to FortiFly where liability cannot legally be shifted.

23. Suspension and Termination

You may stop using the Services at any time, subject to applicable purchase, payment, cancellation, and program terms.

FortiFly may suspend or terminate access when reasonably necessary because of:

• A material violation of these Terms;

• Fraudulent or unlawful activity;

• A serious safety concern;

• Misuse of the Services;

• Unauthorized contact involving a minor;

• Nonpayment;

• Conduct that threatens the security or integrity of the Services; or

• Requirements imposed by applicable law.

FortiFly may also end an athlete’s participation when continued participation would not be reasonably appropriate because of safety, program fit, repeated policy violations, or conduct materially interfering with the Service.

Termination does not automatically create a right to a refund except where provided by applicable purchase terms or required by law.

Provisions that by their nature should continue after termination, including those relating to intellectual property, privacy, recordings, payment obligations, liability, and dispute resolution, will survive termination.

24. Electronic Records and Acceptance

You consent to the use of electronic records and electronic methods of acceptance in connection with FortiFly Services.

Checking an acceptance box, electronically signing a form, completing an enrollment that requires acceptance, or otherwise providing electronic assent may constitute your electronic signature and agreement to the applicable terms to the extent permitted by law.

You are responsible for maintaining a valid email address or other contact method where reasonably necessary to receive Service-related records and notices.

25. Governing Law and Venue

These Terms are governed by the laws of the State of Florida, without regard to conflict-of-law principles, except where applicable law requires otherwise.

To the extent permitted by applicable law, legal proceedings arising out of or relating to these Terms or the Services will be brought in the appropriate state or federal courts located in Miami-Dade County, Florida.

Nothing in this section limits consumer, minor, or other legal rights that cannot lawfully be waived.

26. Changes to These Terms

FortiFly may update these Terms from time to time as its Services, business practices, safety requirements, or legal obligations change.

When changes are made, FortiFly will update the Last Updated date at the top of these Terms.

For material changes, FortiFly may provide additional notice or request renewed acceptance when appropriate or required by law.

Updated Terms will apply from their stated effective date.

27. General Terms

If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions will continue in effect to the fullest extent permitted by law.

FortiFly’s failure to enforce a provision does not waive its right to enforce the provision later.

You may not assign your rights under these Terms without FortiFly’s permission.

FortiFly may assign these Terms in connection with a merger, acquisition, financing, restructuring, sale of assets, or similar business transaction.

Headings are provided for convenience and do not limit the meaning of these Terms.

These Terms, together with our:

• Privacy Policy;

• Applicable purchase terms;

• Checkout disclosures;

• Program terms;

• Parent or guardian authorizations;

• Recording consents;

• Safety requirements;

• Promotion Official Rules; and

• Other applicable written agreements

constitute the applicable agreement governing the relevant Services.

If a specific purchase, program, consent, or promotion term conflicts with these general Terms on the same subject, the more specific term applicable to that Service or transaction will control.

28. Contact Us

If you have questions about these Terms, please contact:

Soar by FortiFly LLC

d/b/a FortiFly Sports

Email: info@fortiflysports.com

Website: www.fortiflysports.com

Mailing Address:

2125 Biscayne Blvd, STE 204, Miami, FL 33137