End User Terms of service

1. OUR SERVICES

1.1 What We Provide.

Drive provides sensor-based hockey player tracking technology and cloud-based software that generates performance analytics and reports (the "Services"). You receive a non-exclusive, non-transferable, revocable, limited right to access our software and your performance data as described in this Agreement.

1.2 How You Access Services.

You may access Services by:

• Creating a direct account with Drive, or
• Through a Service Partner (authorized Drive reseller) who provides tracking services to your team or organization

Even when receiving services through a Service Partner, your contractual relationship for data protection and account access is directly with Drive.

1.3 Age Requirements.

You must be at least 18 years old to create an account. If you are under 18, your parent or legal guardian must consent to this Agreement and create the account on your behalf. For users under 16 in the European Economic Area, parental consent is required.

1.4 Changes to Services.

We may modify, update, or discontinue features of the Services from time to time. We will provide notice of material changes on our website or through your account.

1.5 Your Responsibilities.

You may not:

• Share your account credentials with others
• Reverse engineer, decompile, or disassemble our software
• Use automated tools to scrape or data mine our systems
• Attempt unauthorized access to our systems or networks
• Remove copyright or proprietary notices from our software
• Use the Services for any illegal purpose

2. SUBSCRIPTION AND FEES

2.1 Subscription Required.

Access to the Services requires a paid subscription as specified when you sign up ("Subscription"). Subscription Fees include any applicable taxes and are charged at the beginning of each subscription period.

2.2 Payment Authorization.

By subscribing, you authorize Drive to charge your payment method for all Subscription Fees. Payments are non-refundable except as required by law (see Section 2.6).

2.3 Automatic Renewal.

Unless otherwise specified, your Subscription automatically renews at the end of each period. We will charge your payment method at the start of each renewal period. You authorize these recurring charges.

2.4 Price Changes.

We may increase Subscription Fees to reflect inflation, increased costs, or added features. We will provide at least 30 days notice before any price increase takes effect.

2.5 Account Inactivity vs. Account Deletion

Inactive Accounts:

If you stop using the Services but do not explicitly delete your account, your account becomes "inactive." We may retain inactive accounts and their data to allow you to access your historical performance data when you return, subject to the data retention practices described below.

Many athletes use Drive to track their development over years or decades. We make reasonable efforts to retain your data so you can review your performance history, even after extended periods of inactivity.

Account Management for Inactive Accounts:

• After 2 years: Data may be moved to archived storage. Archived data is not immediately accessible and may require additional service fees or upgraded service packages to access, as specified in your product or service order.
• After 7 years: We may send periodic email reminders (at our discretion) to confirm you want to keep your account.
• We reserve the right to delete inactive accounts after 7+ years of inactivity, particularly if reminder emails are undeliverable or go unanswered.
• You can log in anytime to reactivate your account. Data accessibility and recovery from archived storage may depend on your service package level. Additional fees may apply for archived data access as specified in your product or service order.

Deleting Your Account:

To permanently delete your account and data, you must explicitly request deletion through:

• Account settings → "Delete Account" button, OR
• Email to [email protected]

Upon deletion request:

• Personal Information deleted within 90 days
• Link to Performance Data deleted within 90 days
• You have 90 days from deletion request to also request data portability; if you don't request portability within this window, data will be deleted
• Anonymized Performance Data retained as Drive's proprietary research data

By creating an account, you consent to this data retention model for inactive accounts.

2.6 Your Cancellation Rights (EU Consumers).

If you are a consumer in the European Union, you have the right to cancel within 14 days of purchase and receive a full refund, unless you have already accessed or used the Services (which constitutes agreement to begin performance immediately).

2.7 Termination by Drive.

We may suspend or terminate your account immediately without notice if:

• You breach this Agreement
• You fail to pay required fees (after 15 days notice)
• We experience security or technical issues requiring suspension
• Required by law enforcement or government agencies

We may also terminate your account without cause by providing 30 days written notice. If we terminate without cause, you may download your data during the notice period (see Section 3.5).

3. DATA AND INTELLECTUAL PROPERTY

3.1 Personal Information.

Drive collects and processes your Personal Information (name, email, contact details, account credentials, payment information) as described in our Privacy Notice and Data Processing Addendum. You retain ownership of your Personal Information, and we act as Data Controller with obligations under applicable privacy laws including GDPR.

3.2 Sensor Data and Performance Data.

Drive's tracking technology collects sensor measurements from tracking devices during games and practices, including movement metrics, positioning data, speed, and other athletic performance indicators ("Sensor Data"). Drive processes Sensor Data through Drive's proprietary algorithms and systems to generate performance analytics, reports, insights, and derivative information ("Performance Data").

How Data Collection Works:

• Sensor Data is initially collected anonymously from tracking devices
• The data is only linked to your account when you access your performance reports
• This linkage is token-based and controlled by Drive's systems
• Drive may unlink, re-link, or control access to the relationship between your Personal Information and your Performance Data

When Data is Personal Data:

When Performance Data is linked to your user account and Personal Information, the combined profile constitutes personal data subject to data protection laws. You have all rights described in our Privacy Notice and Data Processing Addendum, including rights to access, correct, download, and delete your data.

Drive's Intellectual Property Rights:

The Sensor Data collection methods, processing algorithms, analytics methodologies, reporting systems, and all derivative insights and analytics constitute Drive's proprietary technology and intellectual property. Drive retains all intellectual property rights, patents, copyrights, trade secrets, and moral rights in this technology and its outputs. You irrevocably waive any moral rights you may have in Performance Data generated by Drive's systems.

Anonymized and Aggregated Data:

In anonymized or aggregated form (where it cannot identify you as an individual), Performance Data is Drive's proprietary asset. Drive may use anonymized and aggregated Performance Data for:

• Product development and improvement
• Research and benchmarking studies
• Industry analytics and reporting
• Commercial licensing or sale to third parties
• Any other business purpose

Drive may assign, license, sell, or otherwise commercialize anonymized and aggregated Performance Data without restriction.

Identified Performance Data Sharing:

Drive will not sell, license, or share your identified Performance Data (linked to your Personal Information) with third parties without your explicit consent. If you provide consent for Drive to share your identified Performance Data with specific third parties (such as scouts, coaches, or teams), Drive will do so in accordance with your instructions.

Account Deletion:

Upon termination of your account or at your request, Drive will delete your Personal Information and remove the link between your Personal Information and your Performance Data within 90 days. The underlying anonymized Performance Data (no longer linked to you) will be retained by Drive as proprietary data and may continue to be used for the purposes described above.

Optional Participation:

Collection of Sensor Data requires you to wear a tracking device during games or practices. If you do not wear a tracking device, no Sensor Data or Performance Data will be generated for you, and you will not receive performance analytics services.

3.3 Drive's Systems and Software.

All software, technology, systems, logos, trademarks, and other intellectual property related to the Services are and remain the exclusive property of Drive. This Agreement grants you no ownership rights in Drive's intellectual property.

4. LIABILITY AND INDEMNIFICATION

4.1 Not Medical or Coaching Advice.

The Services provide athletic performance data and analytics only. They do not constitute medical advice, coaching services, or fitness training. Any changes to your training regimen based on our analytics are entirely at your own risk. Consult with qualified coaches, trainers, or medical professionals before modifying your physical training.

4.2 Limitation of Liability.

To the maximum extent permitted by law, Drive and its officers, employees, directors, shareholders, affiliates, agents, and licensors are not liable for:

• Any indirect, incidental, consequential, or special damages
• Loss of profits, revenue, or business opportunities
• Loss of data or inability to access data
• Business interruptions
• Any damages arising from your use or inability to use the Services

Drive's total liability to you for all claims under this Agreement is limited to the amount you paid to Drive in the 12 months before the claim arose.

4.3 Your Indemnification.

You agree to indemnify, defend, and hold harmless Drive and its officers, employees, directors, shareholders, affiliates, agents, and licensors from any claims, liabilities, damages, losses, costs, and expenses (including reasonable legal fees) arising from:

• Your use of the Services
• Your violation of this Agreement
• Your violation of any laws or regulations
• Your violation of any third-party rights

5. PRIVACY AND DATA PROTECTION

5.1 Privacy Notice and DPA.

Drive handles your Personal Information in accordance with our Privacy Notice and Data Processing Addendum, which are incorporated into this Agreement by reference. Please review these documents carefully to understand how we collect, use, protect, and share your information.

5.2 Your Data Protection Rights.

You have rights under applicable privacy laws (including GDPR) to:

• Access your Personal Information and Performance Data
• Correct inaccurate or incomplete data
• Request deletion of your data (subject to legal retention requirements)
• Restrict or object to certain processing
• Receive your data in portable format
• Withdraw consent where we rely on consent
• Lodge complaints with data protection authorities

To exercise these rights, email [email protected] or use your account settings.

5.3 Data Breach Notification.

If we discover a security breach affecting your Personal Information, we will notify you within 72 hours and provide details about the breach, affected data, likely consequences, and remedial steps.

5.4 International Data Transfers.

Your data is processed and stored in the United States and Canada. For users in the European Economic Area, we transfer data using Standard Contractual Clauses approved by the European Commission.

6. GENERAL PROVISIONS

6.1 Relationship.

You and Drive are independent parties. This Agreement does not create any partnership, joint venture, employment, or agency relationship.

6.2 Entire Agreement and Amendments.

This Agreement, together with our Privacy Notice and Data Processing Addendum, constitutes the entire agreement between you and Drive. Drive may amend this Agreement by providing 30 days notice through your account or email. Your continued use after changes take effect constitutes acceptance. If you disagree with changes, you may terminate your account under Section 2.5.

6.3 Severability.

If any provision of this Agreement is found invalid or unenforceable, the remaining provisions remain in full effect, and the invalid provision will be modified to be valid and enforceable to the maximum extent possible.

6.4 No Waiver.

Drive's failure to enforce any right or provision of this Agreement does not constitute a waiver of that right or provision.

6.5 Notices.

We will send notices to the email address associated with your account. You can send notices to Drive at:

Drive Hockey Analytics, Inc.
930 - 3025 Lougheed HWY, Ste 125
Coquitlam, BC V3B 6S2, Canada
Email: [email protected]

6.6 Governing Law and Disputes.

This Agreement is governed by the laws of British Columbia, Canada. Any disputes will be resolved in the courts of British Columbia. However, either party may apply to any court of competent jurisdiction for interim or injunctive relief.

6.7 Assignment.

You may not assign this Agreement without Drive's written consent. Drive may assign this Agreement to any affiliate or successor without your consent.

6.8 Compliance with Law.

You agree to comply with all applicable laws and regulations when using the Services.

6.9 Survival.

Sections 3 (Data and Intellectual Property), 4 (Liability and Indemnification), 5 (Privacy and Data Protection), and 6 (General Provisions) survive termination of this Agreement.

6.10 Force Majeure.

Neither party is liable for failure to perform due to circumstances beyond reasonable control, including acts of God, natural disasters, pandemics, war, terrorism, labor disputes, or government actions.

By creating an account or using our Services, you acknowledge that you have read, understood, and agree to be bound by this Agreement.

For questions about this Agreement, contact: [email protected]