DIAMOND KINETICS & SIDELINEHD SERVICES UNIFIED TERMS OF USE

Updated: January 23, 2026

Effective Date: January 23, 2026

IMPORTANT NOTICES

THIS DOCUMENT CONTAINS VERY IMPORTANT INFORMATION REGARDING YOUR RIGHTS AND OBLIGATIONS, AS WELL AS CONDITIONS, LIMITATIONS, AND EXCLUSIONS THAT MIGHT APPLY TO YOU. PLEASE READ THIS LEGAL DOCUMENT CAREFULLY.

THESE TERMS REQUIRE THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS.

ARTICLE I. SCOPE AND ACCEPTANCE (REVISED FOR UNIFIED COVERAGE)

These Terms of Use ("Terms") govern your access to and use of the Diamond Kinetics & SidelineHD Services (collectively, "the Services"). Diamond Kinetics (together with our affiliates, "Diamond Kinetics", "we", or "us") provides an online community for motion analytics, coaching, and video content, along with related products, services, content, and features, through its websites (the "Website"), interfaces connected to Diamond Kinetics Devices (such as motion sensors), and mobile applications (the "Application" or "Apps").

The provisions governing your license to download, install, and use the Application, previously contained in a separate End-User License Agreement, have been fully retired and unified into this comprehensive document.

By registering as a User or by visiting, browsing, or using the Services, or by clicking to accept or agree to the Terms, you (as a "user") accept and agree to be bound by these Terms.

Eligibility: YOU MAY NOT ORDER OR OBTAIN PRODUCTS OR SERVICES FROM THIS WEBSITE IF YOU (A) DO NOT AGREE TO THESE TERMS, (B) ARE NOT THE OLDER OF (i) AT LEAST 18 YEARS OF AGE OR (ii) LEGAL AGE TO FORM A BINDING CONTRACT WITH DIAMOND KINETICS, OR (C) ARE PROHIBITED FROM ACCESSING OR USING THE SERVICES BY APPLICABLE LAW. If you do not wish to be bound by these Terms, you may not access or use the Services.

ARTICLE II. DIAMOND KINETICS & SIDELINEHD SERVICES ELIGIBILITY REQUIREMENTS

Account Holder Age Requirement. You must be at least 18 years old, or the age of legal majority in your jurisdiction of residence, to purchase a Diamond Kinetics account and become an Account Holder.
User Age Requirement. You must be at least 13 years old to become a User. If you are a parent or legal guardian of a User under the age of 18, you are subject to these Terms and responsible for that User’s activity on the Services by allowing them to use the Service.
Diamond Kinetics Hardware Use Age Requirements. Individuals 14 years of age and older who meet hardware user criteria may use the Diamond Kinetics hardware. All individuals under 18 years of age must have permission to participate from a parent or legal guardian who will provide supervision.
Compliance. You are solely responsible for ensuring that these Terms comply with all applicable laws, rules, and regulations. The Services are offered only for your personal, non-commercial use.

ARTICLE III. LICENSE TO USE THE SERVICES (INCLUDING APPLICATION LICENSE)

License Grant. Subject to your compliance with these Terms, Diamond Kinetics grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to:
- Access and use the Services for your own personal, non-commercial purposes.
- Download, install, and use a single copy of the Application for your personal, non-commercial use on a single device owned or otherwise controlled by you ("Mobile Device") strictly in accordance with the Application’s documentation and these Terms.
- Access, stream, download, and use the Content and Services made available through the Application. You acknowledge and agree that the Application is licensed, not sold, to you.
License Restrictions. Except as otherwise expressly permitted by these Terms, you shall not, directly or indirectly, and shall not permit any other person to:
- (i) Copy the Application; (ii) modify, translate, adapt, or otherwise create derivative works or improvements, whether or not patentable, of or based on the Application; (iii) reverse engineer, disassemble, decompile, decode, or otherwise attempt to derive or gain access to the source code of the Application or any software component of the Services; or (iv) remove, delete, alter, or obscure any trademarks or any copyright, trademark, patent, or other intellectual property or proprietary rights notices from the Application or the Services.
- (v) Rent, lease, lend, sell, sublicense, assign, distribute, publish, transfer, or otherwise make available the Application, or any features or functionality of the Application, to any third party for any reason.
- (vi) Use the Services in any manner that infringes any intellectual property right or violates any applicable law, rule, or regulation.
Reservation of Rights. You acknowledge and agree that the Application is provided under license, and not sold, to you. You do not acquire any ownership interest in the Application under this Agreement, or any other rights thereto other than to use the Application in accordance with the license granted. Diamond Kinetics and its licensors and service providers reserve and shall retain all right, title, and interest in and to the Application and the Services, including all copyrights, trademarks, and other intellectual property rights therein or relating thereto, except as expressly granted to you in these Terms.

ARTICLE IV. PRIVACY AND DATA USE

Please review the Privacy Policy to learn about what information we may collect about you, what we use that information for, and with whom we share that information.

Collection and Use of Your Information. You acknowledge that when you download, install, use, access, or otherwise interact with the Application, we may use automatic means (including, for example, cookies and web beacons) to collect information about your Mobile Device and about you and your use of the Application and Services.
Mobile Consent. By providing your mobile phone number and using the Services, you consent to Diamond Kinetics’s use of your mobile phone number for calls and recurring texts in order to perform and improve the Services and provide you with information. Standard message, data, or other charges from your wireless carrier may apply.
Use of YouTube API. By connecting your account to a YouTube channel, you are agreeing to be bound by the YouTube Terms of Service which can be found here: https://www.youtube.com/t/terms

ARTICLE V. ACCOUNT AND TERMINATION

Registration. To enjoy full access, you must register as a user and enter into a Subscription agreement. You must provide complete and accurate registration information and notify us if any of your information changes.
Account Security. You are responsible for all activity under your account, including any activity by unauthorized users. You must safeguard the confidentiality of your password.
Termination by Diamond Kinetics. Diamond Kinetics may, in its sole discretion, suspend, disable, or delete your account or block your access for any lawful reason, including if you violate these Terms or if your conduct or User Content damages Diamond Kinetics’s reputation or goodwill.
Effect of Termination. Upon termination, all rights and licenses granted by Diamond Kinetics will terminate. The sections concerning Privacy, User Content, Indemnification, No Warranties, Limitation of Liability, Intellectual Property Rights, Arbitration, Governing Law, and General Provisions survive termination. You further hereby acknowledge, understand, and agree that any termination of this Agreement will not terminate any Subscription or term for which you have entered into to use the Services pursuant to and in accordance with our Account/Subscription Terms.

ARTICLE VI. USER CONTENT

Ownership of Content. You retain ownership of all intellectual property rights in and to Your Content.
Definitions. "User Content" means any content, information, and materials that users (including you) provide, submit, upload, publish, or make otherwise available through the Services. "Content" means text, graphics, images, music, software, audio, video, works of authorship of any kind, and information or other materials that are posted, generated, provided, or otherwise made available through the Services. Content includes, without limitation, User Content.
Responsibility. Any User Content is the sole responsibility of the person who originated such User Content. You represent that all User Content submitted by or on behalf of you is accurate, complete, up-to-date, and in compliance with these Terms and with all applicable laws.
License to Diamond Kinetics. You grant Diamond Kinetics a worldwide, perpetual, irrevocable, non-exclusive, sublicensable (through multiple tiers), transferable, royalty-free license and right to use, copy, transmit, distribute, publicly perform and display (through all media now known or later created), edit, modify, and make derivative works from your User Content (including, without limitation, translations) for any purpose whatsoever, commercial or otherwise, without compensation to you.
Waiver and User Permission. You waive any so-called “moral rights” or rights of privacy or publicity in your User Content. You further grant all users of the Services permission to view your User Content for their personal, non-commercial purposes.
Non-User Consent. You represent and warrant that for all User Content (including but not limited to livestreams of youth sports events) that includes information about any individuals, players, organizations, or teams (each a "Non-User"), you have received express written consent from all Non-Users (or their parent/legal guardian if under 18) to include that information.

ARTICLE VII. APPLICATION UPDATES, EXPORT, AND THIRD-PARTY MATERIALS

Updates to Application. We may from time to time in our sole discretion develop and provide Application updates ("Updates"). Updates may modify or delete in their entirety certain features and functionality. You agree that Diamond Kinetics has no obligation to provide any Updates. You shall promptly download and install all Updates and acknowledge and agree that the Application or portions thereof may not properly operate should you fail to do so. You further agree that all Updates will be deemed part of the Application and be subject to all terms and conditions of these Terms.
Geographic Restrictions. You acknowledge that you may not be able to access all or some of the Services and Application outside of the United States and that access thereto may not be legal by certain persons or in certain countries. If you access the Services and Application from outside the United States, you are solely responsible for compliance with all applicable local laws.
Export Regulation. The Application may be subject to US export control laws. You shall not, directly or indirectly, export, re-export, or release the Application to, or make the Application accessible from, any jurisdiction or country to which export, re-export, or release is prohibited by law, rule, or regulation. You represent and warrant that you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a terrorist-supporting country, and you are not listed on any U.S. Government list of prohibited or restricted parties.
Third-Party Materials. The Application and Services may display, include, or make available third-party content or provide links to third-party websites or services, including through advertising ("Third-Party Materials"). You acknowledge and agree that Diamond Kinetics is not responsible for Third-Party Materials, and you access and use them entirely at your own risk and subject to such third parties’ terms and conditions.

ARTICLE VIII. PROHIBITIONS AND ENFORCEMENT

You agree not to post, upload, publish, submit, or transmit any User Content or engage in any activity that: infringes a third party’s intellectual property rights, violates any applicable law, is fraudulent, is defamatory/obscene/pornographic, promotes hatred/harassment, is violent or threatening, exploits minors, or promotes illegal activities.

ARTICLE IX. INDEMNIFICATION

You agree to indemnify, defend, and hold harmless Diamond Kinetics and its directors, officers, employees, and agents, from and against all claims, damages, losses, and costs that arise from or relate to your use of the Services, any User Content submitted by you, or your violation of these Terms.

ARTICLE X. DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY

No Warranties. Without limiting, and in addition to the disclaimer of warranties related to the Services provided herein, THE APPLICATION IS PROVIDED TO END USER “AS IS” AND “AS AVAILABLE,” AT “YOUR OWN RISK,” AND WITH ALL FAULTS AND DEFECTS WITHOUT WARRANTY OF ANY KIND. To the extent permitted by law, Diamond Kinetics expressly disclaims any and all warranties of any kind, whether express or implied, including warranties of merchantability, fitness for a particular purpose, non-infringement, and quiet enjoyment.
Limitation of Liability. Without limiting, and in addition to the Limitation of Liability related to the Services provided herein, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL DIAMOND KINETICS OR ITS AFFILIATES, OR ANY OF ITS OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS OR SERVICE PROVIDERS, HAVE ANY LIABILITY ARISING FROM OR RELATED TO YOUR USE OF OR INABILITY TO USE THE APPLICATION OR THE SERVICES FOR: (A) PERSONAL INJURY, PROPERTY DAMAGE, LOST PROFITS OR REVENUE, DIMINUTION IN VALUE, COST OF SUBSTITUTE GOODS OR SERVICES, LOSS OF DATA, PRODUCTION, LOSS OF GOODWILL, BUSINESS INTERRUPTION, REPUTATION, COMPUTER FAILURE OR MALFUNCTION, OR ANY OTHER CONSEQUENTIAL, INCIDENTAL, EXEMPLARY, SPECIAL, OR PUNITIVE DAMAGES OR LOSSES, WHETHER DIRECT OR INDIRECT. Diamond Kinetics’s total liability to you for all claims, in the aggregate, will not exceed the amount actually paid by you to Diamond Kinetics over the 12 months preceding the date your first claim(s) arose.

ARTICLE XI. GOVERNING LAW AND ARBITRATION

Governing Law and Jurisdiction. All matters relating to the Services and these Terms shall be governed by and construed in accordance with the internal laws of the Commonwealth of Pennsylvania without giving effect to any choice or conflict of law provision or rule. The Uniform Commercial Code, the Uniform Computer Information Transaction Act, and the United Nations Convention of Controls for International Sale of Goods shall not apply. Any legal suit, action, or proceeding arising out of, or related to, these Terms shall be instituted exclusively in the federal courts of the United States or the courts of the Commonwealth of Pennsylvania, in each case located in the City of Pittsburgh in Allegheny County.
Mandatory Arbitration of Disputes. You and Diamond Kinetics agree that any dispute, claim, or controversy will be resolved solely by binding, individual arbitration and not in a class, representative, or consolidated action or proceeding.
Class Action Waiver. In any dispute, you agree you will not be entitled to join or consolidate claims by or against other customers in court or in arbitration or otherwise participate in any claim as a class representative, class User, or in a private attorney general capacity.
Time Limit to File Claims. TO THE FULLEST EXTENT ALLOWED UNDER APPLICABLE LAW, ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE APPLICATION MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES OTHERWISE SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
Opt-out. You may opt out of arbitration entirely and litigate any Dispute if you provide written notice to Diamond Kinetics's Legal Department at the address below within 30 days following the date you first agree to these Terms.

Diamond Kinetics, Inc. 700 River Avenue, Suite 600 Pittsburgh, PA 15212

ARTICLE XII. GENERAL PROVISIONS

Severability. If any provision of this Agreement is illegal or unenforceable under applicable law, the remainder of the provision will be amended to achieve as closely as possible the effect of the original term and all other provisions of this Agreement will continue in full force and effect.
Entire Agreement. This Agreement, our Terms of Use, and our Privacy Policy, all such other policies, terms, and conditions made available to you from time to time, including Subscription Terms, constitute the entire agreement between you and Diamond Kinetics with respect to the Application and Services and supersede all prior or contemporaneous understandings and agreements.
Waiver. No failure to exercise, and no delay in exercising, on the part of either party, any right or any power hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any right or power hereunder preclude further exercise of that or any other right hereunder. In the event of a conflict between this Agreement and any applicable purchase or other terms, the terms of this Agreement shall govern.

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