OFFSEASON TERMS & CONDITIONS

This consolidated document contains the governing legal terms for Offseason, including: • Terms of

Service • Privacy Policy • Liability Waiver & Release • Data Processing Agreement (DPA)

This document is provided for user transparency, legal compliance, and operational clarity.

1. TERMS OF SERVICE

1.1 Acceptance of Terms

These Terms of Service (“Terms”) govern your access to and use of the Offseason mobile application,

website, and related products and services (collectively, the “Services”). By accessing or using the

Services, you agree to be bound by these Terms. If you do not agree, do not use the Services.

1.2 Eligibility

The Services are intended for users who are at least 18 years of age. By using the Services, you

represent and warrant that you are at least 18 years old and have the legal capacity to enter into these

Terms.

1.3 Accounts and Security

Users may be required to create an account to access certain features. You agree to: • Provide

accurate information • Maintain the confidentiality of your login credentials • Notify Offseason of any

unauthorized access to your account You are responsible for all activities associated with your account.

1.4 No Medical Advice

The Services may provide workout recommendations, training insights, scheduling suggestions, or

wellness content (“Fitness Content”). Such content is for informational and educational purposes only

and is not medical advice, diagnosis, treatment, or a substitute for professional healthcare. Consult a

qualified healthcare provider before beginning any fitness program.

1.5 Assumption of Risk

Participation in physical exercise carries inherent risks, including serious injury or death. You voluntarily

assume all risks associated with physical activities recommended by the Services.

1.6 Third-Party Integrations & Wearables

The Services may integrate with third-party platforms (e.g., Apple HealthKit, Strava, Oura). These

services are governed by their own terms and Offseason is not responsible for their acts or omissions.

You control whether such integrations are enabled or disabled.

1.7 Intellectual Property

All content, trademarks, graphics, software, and related materials are owned by or licensed to

Offseason. Users receive a limited, revocable, non-transferable license to use the Services for personal

non-commercial use.

1.8 Disclaimers

THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY

KIND. OFFSEASON DISCLAIMS ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS

FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

1.9 Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, OFFSEASON SHALL NOT BE LIABLE FOR

INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING

LOSS OF PROFITS OR DATA. TOTAL LIABILITY SHALL NOT EXCEED ONE HUNDRED U.S.

DOLLARS ($100) OR THE AMOUNTS PAID BY YOU IN THE SIX MONTHS PRECEDING THE

CLAIM, WHICHEVER IS GREATER.

1.10 Indemnification

You agree to indemnify and hold harmless Offseason from any claims arising out of your use of the

Services, your violation of these Terms, or your violation of the rights of any third party.

1.11 Data Deletion Requests

Users may request deletion of their personal data by contacting Offseason via email. Contact

information is available on our website. Upon receiving a verifiable request, Offseason will delete

personal data from its active systems and instruct applicable service providers to do the same, unless

retention is required by law. Offseason will confirm completion of the request within the timeframe

required by applicable law.

1.12 Governing Law & Disputes

These Terms are governed by the laws of the State of California. Disputes shall be subject to binding

individual arbitration to the fullest extent permitted by law, with no class or representative actions

permitted.

2. PRIVACY POLICY

2.1 Information We Collect

We may collect: • Account and contact information • Usage and device information • Scheduling and

preference data • Optional wearable fitness and health data, if integration is enabled by the user

2.2 How We Use Information

We use personal data to: • Provide the Services • Personalize recommendations • Improve

performance and analytics • Respond to support requests • Comply with legal obligations

2.3 Sharing Information

We do not sell personal data. We may share information with: • Service providers (hosting, analytics,

support) • Third-party integrations explicitly authorized by users • Legal authorities when required by

law

2.4 Wearable & Health Data

If wearable integrations are enabled, data is accessed only with explicit user permission. Offseason

does NOT use wearable or health data for advertising or resale. Users may revoke permissions at any

time via their device settings or platform controls.

2.5 CCPA Notice for California Residents

California residents have rights under the CCPA/CPRA to request access, deletion, and information

about data practices. Offseason will honor such requests within legally required timelines.

2.6 Data Deletion Requests

Users may request deletion of their personal data by contacting Offseason via email. Contact

information is available on our website. Upon receiving a verifiable request, Offseason will delete

personal data from its active systems and instruct applicable service providers to do the same, unless a

legal exception applies. Offseason will confirm completion within the timeframe required by applicable

law.

2.7 Security & Retention

Offseason uses commercially reasonable safeguards to protect data and retains personal information

only as long as necessary for legitimate business or legal compliance purposes.

3. LIABILITY WAIVER & RELEASE

3.1 Assumption of Risk

Participation in physical exercise carries inherent risks. You voluntarily assume all risks associated with

activities recommended by the Services.

3.2 No Guarantees

Offseason does not guarantee improvements in fitness, performance, or health outcomes.

3.3 Release of Liability

To the fullest extent permitted by law, you release Offseason from claims or damages arising from

participation in activities recommended via the Services.

4. DATA PROCESSING AGREEMENT (DPA)

4.1 Roles of the Parties

If applicable data protection laws classify Offseason as a Processor and a customer as a Controller,

this DPA applies.

4.2 Processing Instructions

Offseason processes data only on documented instructions from the Controller unless required by law.

4.3 Security Measures

Offseason maintains appropriate technical and organizational measures to protect personal data.

4.4 Subprocessors

Controller authorizes Offseason to engage subprocessors subject to equivalent data protection

obligations.

4.5 Data Subject Rights Assistance

Offseason will reasonably assist Controllers in responding to data subject requests.

4.6 Breach Notification

Offseason will notify Controller without undue delay after becoming aware of a personal data breach.

4.7 Return or Deletion of Data

Upon termination, Controller may request return or deletion of personal data unless retention is

required by law.