TERMS OF USE

INTRODUCTION

Welcome to TAP Coach!

TAP Coach is a comprehensive digital mental performance education and training platform designed to help athletes and teams develop psychological skills for peak performance. Our scientifically validated curriculum combines assessment tools, educational video content, AI-assisted coaching, and progress tracking to deliver personalized mental performance training. Above The Neck, Inc. (referred to as "ATN," "we," "us," or "our") owns and operates TAP Coach and the Troutwine Athletic Profile (TAP), which is one of the many services provided through the TAP Coach platform. By using our Services, you agree to these Terms of Use.

Services

These Terms apply to TAPcoach.com, TakeTheTAP.com, AboveTheNeck.ai, AboveTheNeck.co (“ATN websites”), including all Content contained therein, and other services that state they are offered under and/or that link to these Terms ("Sites" or "Services"). "Content" means information, images, data, text, and/or applications obtained by us from our licensors or publicly available sources and provided to you in our Sites and/or Services.

Above The Neck

This agreement is between you and Above The Neck, Inc. Above The Neck, Inc. is referred to as "we," "us," "our," or "ATN" throughout this agreement. Above The Neck, Inc. will be the controller of your personal data provided to, or collected by or for, or processed in connection with our Services.

Users

We serve a wide base of users - athletes, parents, coaches, and team staff to name a few. Some users may have multiple roles. In this agreement, "you" means any User of our Services. This includes any person(s), entity, program, or institution using our Services to assist with their evaluation, discovery, and/or coaching of athletes. Our Privacy Policy covers how we collect, use, share, and store your personal information.

Accessibility

ATN is committed to ensuring digital accessibility for people with disabilities. We continually work to improve the user experience for everyone and apply relevant accessibility standards including WCAG 2.1 Level AA. If you encounter accessibility barriers, please contact us at support@abovetheneck.ai.

Modifications

We may make changes to these Terms. We may modify these Terms from time to time. If we make material changes, we will provide you notice through our Services, or by other means, to provide you the opportunity to review the changes before they become effective. If you object to any changes, you may close your account. Your continued use of our Services after we publish or send a notice about our changes to these Terms means that you are consenting to the updated Terms as of their effective date. We agree that changes cannot be retroactive.

DEFINITIONS

The following definitions apply to these Terms of Use:

Access Code:

means the code provided to an individual to access the TAP assessment, whether in the form of a promotional code from an organization or TAP license key derived from individual purchase or from an organization.

Agreement:

means these Terms of Use and the Order Form together.

AI Chatbot:

refers to the artificial intelligence-powered conversational interface offered by ATN that interacts with users regarding TAP results, mental performance and athletic mindset development.

Chat or Chat Session:

refers to a single interaction or conversation between the user and the TAP Coach AI Chatbot system. A Chat may include multiple exchanges of messages within the same conversation thread until either (a) the user ends the session, (b) the user remains inactive for more than twenty-four (24) hours, or (c) the system determines the conversation has naturally concluded based on context.

Connections:

means ATN Users that you have chosen to share a portion (e.g., your TAP Type) or all (full TAP reporting) of your TAP results with. These ATN Users could be a parent or coach, personal connections that you or the other individual initiates the connection, or teammates or coaches/staff of Organizations/Teams that you are a member of and automatically receive Connections based solely upon your membership.

Content:

means all materials on the ATN websites and platforms, including but not limited to text, graphics, logos, icons, images, audio files, videos, digital downloads, data compilations, and software.

Courses:

refers to online training materials, videos, worksheets, and educational content offered by ATN.

Order Form:

means an online ordering form, invoice, or other written agreement specifying the Services to be provided hereunder and applicable pricing fees, if any, that is entered into between you and ATN.

Organization:

means any entity that uses the Services and may include, without limitation, a single sports team (such as a professional, college, high school, or club team), a club that manages multiple teams, an athletic department overseeing various sports programs, a sports league, a school, or any other sporting or athletic entity that purchases or uses ATN Services. The terms "Organization" and "Team" may be used interchangeably throughout these Terms to refer to any such entity that is a User of the Services, regardless of its size, structure, or the number of athletic teams under its management.

Products:

means defined subsets of our Services that require payment or a code before they can be accessed.

Purchaser:

refers to the individual or organization that purchases ATN Products.

Services:

refers collectively to all offerings provided by ATN, including the TAP assessment, reporting, AI Chatbot, Courses, Content and related services.

Subscription:

means a recurring payment arrangement for continued access to specific Products or Services, including but not limited to the Elite tier.

TAP or Troutwine Athletic Profile:

means the proprietary assessment owned by ATN that measures mental traits, behavioral tendencies and mental skills that directly impact athletic performance.

TAP License Key:

means a license key purchased by an individual or organization that can be used one-time by an individual to take the TAP.

TAP Group Code:

means a single code provided by an organization with a set number of uses that can be redeemed to take the TAP and authorize any select Product.

Trial Period:

means a limited time period during which certain features or services are made available to users at no additional charge, subject to specific terms and conditions.

User:

refers to any individual or entity that accesses or uses the ATN Services, including but not limited to athletes, parents, coaches, team staff, and organizations.

YOUR COMMITMENTS AND ACCOUNT

Eligibility

You must be at least 13 years old to use ATN unless you receive explicit consent from your parent/guardian. You represent, warrant, and certify that you are at least thirteen (13) years of age. If law requires that you must be older than 13 in order for ATN to lawfully provide the Services to you without parental consent (including using your personal data), then you must be of such older age. Special Rules for Users Under 13: If you are under 13 years of age, you may only take the TAP assessment and set up an account after your parent or legal guardian has provided explicit consent through our processes. Your parent or guardian will be responsible for your use of our Services and must agree to these Terms on your behalf. ATN reserves the right to require proof of age and parental consent. We may terminate accounts where age requirements are not met. For users under 16 in the EEA, explicit parental consent is required regardless of local age of digital consent.

Your Account

You will not share your login credentials or use a false identity. To use certain Services, you are given the opportunity to create an account using a mobile phone or email address to identify yourself. You agree to maintain the confidentiality of your account information, and you agree not to use your account for any unauthorized purpose. You agree you will not create a false identity on ATN, misrepresent your identity, create a profile for anyone other than yourself or someone you legally represent, or use or attempt to use another's account. We may suspend or cancel your account if you break the terms of this agreement or if we believe you put us or others at risk. ATN, in our sole discretion, may suspend or terminate your account for any reason without notice, including but not limited to if you or anyone using your account violates or attempts to violate these Terms. You acknowledge and agree that neither ATN nor any of its affiliates will have any liability to you for any unauthorized transaction made using your account that occurs before you have notified us of a possible unauthorized use of your account and we have had a reasonable opportunity to act on that notice. As between you and others (including your school or employer), your account belongs to you. However, if the Services were purchased by another party for you to use (e.g., TAP assessment purchased by your employing school or team), the party paying for such Service has the right to control access to and get reports on your use of such paid Service; however, they do not have rights to your personal account.

Export Control Compliance

You agree to comply with all applicable export and re-export control laws and regulations, including the Export Administration Regulations maintained by the U.S. Department of Commerce, and trade and economic sanctions maintained by the Treasury Department's Office of Foreign Assets Control. You warrant that you are not located in, under the control of, or a national or resident of any embargoed country or on any U.S. Government list of prohibited or restricted parties.

Impermissible Uses of our Services

There are certain activities that are not allowed in our Services. You agree not to:

Systematically retrieve data or other Content from the Sites to create or compile, directly or indirectly, a collection, compilation, database, directory, or the like, whether by manual methods, through the use of bots, spiders, or otherwise;

Use any trademarks, trade names, or other intellectual property of ATN or any other party from the Sites in any manner that may damage any goodwill in the intellectual property;

Collect usernames, mobile phone numbers and/or email addresses of other Members by electronic or other means for the purpose of sending unsolicited email or other communications;

Use the Sites in any way that, in ATN's sole and absolute judgment, degrades the reputation, reliability, speed, or operation of the Sites or any underlying hardware or software thereof;

Use the Sites in any way which is unlawful or in violation of these Terms;

Use, copy, scrape, extract, download, reproduce, or distribute any Content from the Sites or Services for the purpose of training, developing, or improving any artificial intelligence or machine learning models, algorithms, or systems without ATN's prior written consent;

Use any automated means, including but not limited to robots, spiders, scrapers, or data mining tools, to access, monitor, copy, or collect Content from the Sites or Services for AI/ML purposes;

Resell, transfer, assign, sublicense, or otherwise distribute any TAP licenses, Access Codes, or access rights purchased from or provided by ATN, whether for profit or otherwise, without ATN's prior written consent.

User Content

You own the content and information you submit to ATN, but we can use it for our Services. Some of ATN's Services provide Users an opportunity to post text, messages, images, videos, hyperlinks to third-party sites, and other data to the Sites (collectively, "User Content"). You own the content and information that you submit or post to the Services, and you grant ATN and our affiliates a non-exclusive, worldwide, transferable, and sublicensable license to use, copy, modify, distribute, publish, and process, information and content that you provide through our Services, without any further consent, notice, and/or compensation to you or others ("Usage License"). You and ATN agree that we may access, store, process, and use any information and personal data that you provide in accordance with the terms of the Privacy Policy and your choices (including settings). You can end the license you granted ATN to use specific content by deleting such content from the Services, updating your privacy settings, or generally by closing your account. You will only post content and information to ATN that you have the right to share. You agree to only provide content or information that does not violate the law nor anyone's rights (including name, likeness, and intellectual property rights). You also agree that your profile information will be truthful. ATN may be required by law to remove certain information or content in certain countries. You understand that all User Content is the sole responsibility of the person who transmits or posts that User Content. This means that you, and not ATN, are entirely and solely responsible for all User Content that you post and for the consequences of ATN publishing such User Content on your behalf.

Consent to Communications

We may contact you to provide you with information regarding ATN's Services. You consent to ATN sending communications to you. You authorize us to provide communications to you by email, phone, text message (SMS), push notification, and/or by mail. In addition, based on the notification preferences you select within your account, ATN may send you email and/or text messages (SMS) ("Alerts") to notify you of new user connections, outstanding TAP invites and reminders, etc.

PRODUCTS & PAYMENTS

Our Services require a fee or code to access them

ATN has a number of defined subsets of our Services ("Products"). Products require payment or code before they can be accessed. You may purchase a Product directly from ATN or receive a code to access it through a third party (e.g., you receive a code to take the TAP and receive premium reporting paid for by a sports team you are a member of).

Product Tiers and Pricing

ATN offers multiple tiers of Products with varying features, access levels, and pricing structures. Product tiers may include one-time purchases, subscription services, or combinations thereof. Each tier provides different levels of access to our Services, including but not limited to TAP assessments, reporting features, courses, educational content, AI Chatbot access, and other resources. The specific features, pricing, and terms for each Product tier are detailed on our Sites at the time of purchase and in your Order Form. These may include trial periods for certain features, subscription terms, and upgrade or downgrade options between tiers. Please refer to the current product descriptions on our Sites and your Order Form for complete details about what is included in each tier and the duration of access.

Service Levels

For enterprise and team subscriptions, specific service level commitments may be included in your Order Form. Standard service levels include 99.5% uptime measured monthly, excluding scheduled maintenance. Credits for downtime, if applicable, will be detailed in your Order Form.

License Restrictions and No Resale

TAP licenses and Access Codes are non-transferable and may not be resold. All TAP licenses, Access Codes, and access rights purchased from or provided by ATN are:

. Licensed solely to the original purchaser or designated recipient

. Non-transferable, non-assignable, and non-sublicensable

. Not for resale, redistribution, or commercial exploitation in any form

. Subject to immediate termination if any resale or unauthorized transfer is attempted

Any attempt to sell, transfer, share (outside of authorized team/organization structures), or otherwise distribute TAP licenses or Access Codes will result in immediate termination of access without refund and may result in legal action. This restriction applies whether the attempted transfer is for profit, trade, barter, or given away for free. Organizations purchasing TAP licenses for their members must use them solely for their authorized athletes, coaches, and staff, and may not resell unused licenses or Access Codes to third parties.

Payment Processing

When purchasing a Product directly from ATN, you will pay a fee plus applicable taxes in advance of accessing the Product. Tax rates are calculated based on the information you provide and the applicable rate at the time of your purchase. If you choose to purchase a Product, you authorize ATN and/or its designated payment processor to charge you any applicable fee(s) and store payment information you submit to the Site. By clicking the "Submit Payment" button, you agree your credit/debit card or Link account will be charged the amount listed. Please note on your credit/debit card statement this charge may appear under the following format: "ABOVE THE NECK INC"

Subscription Terms

For Products offered as subscription services:

1. Auto-Renewal of Annual Subscriptions

Annual subscriptions will automatically renew at the end of each billing period (as specified in your Order Form) unless cancelled before the renewal date.

2. Monthly Subscriptions

For purchases where the initial membership services term is less than one year, users can opt-in to converting to a monthly subscription at the end of the initial membership services term (as specified in your Order Form) unless cancelled before the monthly subscription inception date.

3. Billing

Subscription fees will be charged to your payment method on file at the beginning of each billing period.

4. Cancellation

You may cancel your subscription at any time by following the instructions here [add link]. Cancellation will take effect at the end of your current billing period.

5. Early Cancellation

Certain subscriptions may have consequences as specified in your Order Form or at the time of purchase.

5. No Refunds

Subscription fees are non-refundable. You will not receive a prorated refund for any unused portion of your subscription period.

Upgrade and Downgrade Options

Users may have options to upgrade or downgrade between product tiers, subject to the terms and conditions applicable at the time. Upgrade paths, pricing, and timing restrictions are specified on our Sites and may include:

Specific upgrade and downgrade terms, including any fees or restrictions, will be provided at the time such options are presented to you.

Price and Tax Changes

Our prices may change in the future. Tax rates are based on the rates applicable at the time of the payment and may change over time. ATN may from time to time make price changes to Products. Tax rates are based on the rates applicable at the time of your purchase. These amounts can change over time with local tax requirements in your country, state, territory, county, or city. Any change in tax rate will be automatically applied based on the account information you provide.

No Refunds of Product Fees

ATN products and paid fees are non-refundable.

RIGHTS AND LIMITATIONS

License to the Above The Neck Services

We welcome you to use our Services; we just ask that you play by the rules.

ATN grants you a limited, non-exclusive, non-transferable, non-sublicensable license to access the Sites for personal, non-commercial purposes. In no event shall you make any derivative use of the Sites, access or manipulate any of the Sites for the benefit of a commercial use, utilize data mining, robots, or other data extraction tools against the Sites, or attempt to reverse engineer or otherwise deconstruct any Content or feature of the Sites. You are expressly prohibited from using hidden text of any kind. ATN and its third-party content providers reserve all rights not expressly granted to you under this license. Importantly, this license does not include any right of collection, aggregation, copying, or duplication. The license granted to you under this Section shall terminate if you violate these Terms.

Copyrights

Please only take what is yours - be mindful of intellectual property rights.

All materials contained in the Sites, including code language, mobile applications, software, text, videos, photographs, digital documents, graphics, icons, images, logos, audio and video clips, digital downloads, data compilations, and software and other materials (collectively, Content), are protected by copyright laws, and may not be reproduced, republished, distributed, transmitted, sold, displayed, broadcast, or otherwise exploited in any manner without the express prior written permission of either ATN or, in the case of content licensed by ATN from third parties, the entity that is credited as the copyright holder of such licensed content. Unauthorized use of Content may violate copyright, trademark, and other laws. You have no rights in or to the Content, and you may not use the Content except as permitted under these Terms. You may view freely-accessible Content from the Sites for your personal and non-commercial use only, without altering or removing any trademark, copyright, or other notice from Content. If you violate these Terms, your permission to access the Sites terminates and you must immediately destroy any copies you have made of the Content.

Prohibition on AI/ML Use

ATN Content may not be used for artificial intelligence or machine learning purposes without written permission.

You acknowledge and agree that:

1. All Content, data, assessments, reports, educational materials, and other information available through ATN's Services (collectively, "ATN Content") is proprietary to ATN and protected by intellectual property laws.

2. You are strictly prohibited from using any ATN Content for the purpose of training, developing, testing, or improving any artificial intelligence models, machine learning algorithms, large language models, or similar technologies without ATN's express prior written consent.

3.This prohibition includes but is not limited to:

• - Scraping, crawling, or systematically accessing ATN Content for AI/ML purposes

• - Using ATN Content as training data for any AI/ML models

• - Creating derivative works based on ATN Content using AI/ML technologies

• - Reverse engineering ATN's algorithms, assessments, or methodologies through AI/ML analysis

• - Using automated tools to extract patterns, insights, or data from ATN Content for AI/ML development

4.Any request to use ATN Content for AI/ML purposes must be submitted in writing to ATN at [support@abovetheneck.ai](mailto:support@abovetheneck.ai) and must include detailed information about the intended use, scope, and purpose.

5. Violation of this provision will result in immediate termination of your access to ATN Services and may result in legal action for damages and injunctive relief.

API and Integration Use

If ATN provides API access or integration capabilities:

. You may not exceed rate limits or use the API in a manner that degrades service performance

. ATN reserves the right to throttle or suspend API access for violation of terms

. You must not use the API to create competitive services

. All API credentials must be kept confidential and secure

. You must timely pay the API service fees, if any, as outlined in the Order Form.

Beta Features

ATN may offer beta, pilot, or early access features ("Beta Features").

Beta Features are provided "as-is" without warranty and may be discontinued at any time. By using Beta Features, you agree to provide feedback and that ATN may use such feedback without compensation. Data used in Beta Features may not be recoverable.

Trademarks

We've invested a lot of effort building our brands; please help us protect them.

ATN, the ATN logo, TAP Coach, the TAP Coach logo, Troutwine Athletic Profile, TAP, the 8 TAP Types, TAP Coach 5-Star Rating, the 7 TAP Performance Traits, the 7 TAP Personal Traits and other ATN trademarks, service marks, graphics, and logos used in connection with our Services are trademarks or registered trademarks of Above The Neck, Inc. in the United States and/or other countries. Other trademarks, service marks, graphics, and logos used in connection with our Services may be the trademarks of their respective owners. You are granted no right or license with respect to any of the aforesaid trademarks and any use of such trademarks.

Changes to Our Services

We may update, modify, or enhance any aspect of the Services to improve functionality, security, performance, or user experience.

These modifications may include adding new features, updating existing capabilities, or making technical improvements.

For the duration of any active subscription term:

• We will maintain the core Services described in your Order Form or subscription agreement

• We will not remove or materially diminish the four primary components of our platform: (1) TAP Assessment, (2) TAP Results and Analytics, (3) TAP Training Center, and (4) TAP Coach AI chatbot

If we decide to discontinue a major feature or service component, we will provide at least 90 days' advance notice before the end of your current subscription term. This notice period allows you to evaluate the changes before renewal and does not obligate you to renew.

We may immediately suspend or restrict access to any Service if required for emergency maintenance, security purposes, legal compliance, or to prevent harm to our systems or other users.

ATN reserves the right to discontinue Services entirely with 180 days' notice, during which time you will retain access to your data and have the ability to export it.

Suggestions

Your suggestions are appreciated. We may use them at our discretion. We value your ideas to make our Services better. By submitting suggestions or feedback regarding our Services to ATN, you agree that ATN can use and share (but does not have to) such feedback for any purpose without compensation to you.

Data Transmittal

We may store and process your data worldwide. You acknowledge and agree that regardless of physical location, ATN may store and process any data transmitted to the Site at locations both within and outside of the United States.

Additional Representations and Warranties

In addition to all other representations and warranties you make under these Terms, you further warrant and represent the following: (a) that your User Content will be truthful; (b) that you will only add User Content that you are authorized to list; (c) that you will not misrepresent your identity or that of any User if you are their authorized representative; (d) that you will not transmit any User Content that constitutes spam.

PRIVACY & DATA PROTECTION

We are committed to protecting your privacy and personal data.

ATN maintains security measures to protect user data. Security incidents will be handled according to applicable law. Users retain rights under our Privacy Policy. Our Privacy Policy covers how we collect, use, share, and store your personal information. It is incorporated into these Terms by reference. Please take the time to read it carefully as it includes important information about how we protect your privacy and your rights.

Data Breach Notification

In the event of a data breach that may compromise user personal information, ATN will:

. Notify affected users within 72 hours of discovering the breach

. Provide information about the nature of the breach and data affected

. Offer guidance on protective measures users can take

. Cooperate with relevant regulatory authorities as required by law

International Data Protection Compliance

For users in the European Economic Area, United Kingdom, and Switzerland, ATN complies with the General Data Protection Regulation (GDPR). For California residents, ATN complies with the California Consumer Privacy Act (CCPA). Users in these jurisdictions have additional rights including: - Right to access and portability - Right to rectification and erasure - Right to restrict processing - Right to object to processing - Right to lodge complaints with supervisory authorities Please see our Privacy Policy for detailed information about exercising these rights. For users in certain jurisdictions (such as California and the European Union), additional data protection rights may apply. These rights are detailed in our Privacy Policy. For information about how to access, correct, or delete the personal data we collect, please consult our Privacy Policy or contact us directly using the information provided at the end of these Terms.

TROUTWINE ATHLETIC PROFILE (TAP)

The Troutwine Athletic Profile (TAP) is our proprietary assessment designed to help athletes, coaches, and teams understand and leverage mental aspects of athletic and personal performance.

Nature and Purpose of TAP Assessment

The Troutwine Athletic Profile ("TAP") is designed as an assessment tool to measure mental performance characteristics related to athletic performance. It is intended to provide insights into psychological traits, tendencies, and potential areas for development in athletic contexts.

Ownership of Individual TAP Results

The individual who participated in the TAP assessment owns his or her results, regardless of whether the individual purchased the Access Code or the Access Code was purchased for his or her benefit. Only this individual can give permission to share his or her results. If an employer, coach, consultant, or other individual or entity (collectively, the "Purchaser") purchases TAP access for an individual, the Purchaser may be granted access to the results, but the individual will still own the results, and the Purchaser may not share the individual results without prior consent from the individual. Purchasers who receive access to individual results have an obligation to protect the privacy and confidentiality of the individual. While individuals own their TAP results, ATN retains the right to use anonymized and aggregated assessment data for research, product improvement, and validation purposes. This includes developing assessment norms, improving algorithms, and publishing research findings, provided no individual can be identified from such use. The TAP assessment offered on ATN websites is intended to be used by individuals aged 13 years and older, unless explicit permission is obtained from the individual's parent or legal guardian. If you are a school administrator, teacher, coach or otherwise part of an educational organization and you intend to have students participate in any ATN assessment, you agree to take all necessary actions to comply with applicable student privacy laws, including, but not limited to, the Family Educational Rights and Privacy Act (FERPA).

Access Codes for TAP

Each individual will receive an Access Code to participate in the TAP assessment. Purchasers are responsible for the distribution of Access Code(s) to known individuals and for any uses, acts, or omissions while their Access Code(s) are being used.

TAP Group Codes and Restrictions

TAP group codes are subject to limitations. TAP group codes are:

Multi-use: Each group code will have upper limits set by the organization providing it on usage, e.g., An organization may distribute a group code that can redeem up to 100 TAP assessments.

Non-Publishable / Non-Shareable: Recipients of TAP group codes shall not publish them on the Internet in any manner nor share them with unauthorized third parties. TAP group codes are intended to be distributed by the originating organization for use by the organizations designated users, e.g., a TAP promotional code is created for an event with 100 participants and the TAP group code is for use by the event participants only. Unauthorized sharing of a TAP group code can result in the termination of a user's account.

Time-Limited: TAP group codes may have expiration dates as specified by the originating organization.

TAP License Terms and Restrictions

TAP licenses are subject to strict usage limitations. All TAP licenses are:

Single Use Only: Each License is valid for one TAP assessment by one individual only.

Non-Transferable: TAP Licenses cannot be transferred between individuals once assigned or a TAP has been started.

Time-Limited: TAP licenses may have expiration dates as specified.

Non-Refundable: Unless the Order Form says otherwise, ATN Products are non-refundable.

Not for Resale: TAP licenses may not be resold, redistributed, or provided to third parties outside of the original purchase agreement unless explicitly authorized by ATN.

Organizations purchasing bulk TAP licenses must: - Maintain records of Access Code distribution - Ensure Access Codes are used only by authorized individuals within their organization - Not sell or transfer unused Access Codes to other organizations or individuals - Report any suspected unauthorized use to ATN immediately

Service Limitations

The TAP is not designed to measure clinical or mental health personality traits, does not create medical information, does not make medical or psychological diagnoses, and does not fall under the United States Health Insurance Portability and Accountability Act of 1996 (HIPAA) or similar healthcare regulations in other jurisdictions.

The TAP and associated reports and content are to be used for informational and educational purposes only. The assessment is not intended to identify, diagnose, or treat medical or psychological conditions. No assessment, including the TAP, can fully capture all aspects of an individual's psychology, capabilities, or potential. The TAP provides a snapshot based on self-reported responses at a specific point in time. Assessment results may vary based on factors including but not limited to the test-taker's mood, environment, attention, honesty in responses, and self-awareness. Results should be considered one data point among many when evaluating athletic potential or performance. While the TAP is designed with scientific principles in mind, individual results should be interpreted with appropriate context and professional judgment, particularly when used in selection, development, or performance evaluation contexts. ATN does not guarantee that TAP results will accurately predict athletic success, performance improvements, or specific behavioral outcomes in all situations or for all individuals.

Interpretation and Application Disclaimers

TAP RESULTS SHOULD NOT BE USED AS THE SOLE BASIS FOR MAKING IMPORTANT DECISIONS.

Assessment results should be considered alongside other relevant information such as past performance, skills, training history, physical capabilities, and direct observation. ATN EXPRESSLY DISCLAIMS ANY WARRANTY OR GUARANTEE THAT THE TAP ASSESSMENT WILL ACCURATELY PREDICT ATHLETIC PERFORMANCE OR SUCCESS. Many factors beyond mental characteristics measured by the TAP influence athletic outcomes. THE TAP IS NOT VALIDATED AS AN EMPLOYEE SELECTION OR HIRING TOOL under the Uniform Guidelines promulgated by the EEOC or similar employment regulations in other jurisdictions. You agree not to use TAP results as a primary hiring tool or for employee selection purposes in ways that could violate applicable employment laws. ATN makes no representations that the TAP is appropriate for all age groups, athletic levels, or cultures. The assessment has been designed and validated with specific populations, and results may have varying relevance for individuals outside these groups.

Managing Connections and Sharing TAP Results

You control who can view your TAP results through the Connections feature.

You may choose to share all or portions of your TAP results with other ATN Users by establishing Connections. These Connections may be: Individual Connections - Connections that you initiate with other ATN Users or that other ATN Users initiate with you, which you must approve. Team/Organization Connections - Automatic Connections established through your membership in a team or organization. When you join a team or organization on ATN, coaches and staff members of that team/organization may automatically become Connections with access to your TAP results. You understand that when you establish a Connection, the specified TAP results will be accessible to that Connection until you modify or terminate the Connection. You can manage your Connections at any time through your account settings, including removing Connections or changing the level of information shared. For team/organization Connections, you understand that your membership in that team/organization may result in automatic sharing of your full TAP results with coaches and staff and your TAP Type with teammates. If you have concerns about team/organization Connections, please contact your team administrator or ATN support.

ATN Professional Use Guidelines

If you are a coach, counselor, or other professional using the TAP in your work with athletes or teams, you agree to:

. Respect the confidentiality of the individual's results

. Not share or disclose individual results without explicit permission

. Use the assessment results solely for the purpose of supporting the individual's athletic development

. Acknowledge that ATN is the source of the TAP when discussing results with athletes or teams

. Not modify, rebrand, or represent the TAP as your own assessment

ATN strongly recommends that interpretation of TAP results be conducted by qualified professionals with appropriate training in sports psychology, athletic performance, or related fields who understand the limitations of psychological assessments. If TAP results suggest serious concerns about an individual's mental health or well-being, these should be addressed by qualified healthcare professionals. The TAP is not designed to identify or diagnose clinical conditions, and ATN disclaims any responsibility for consequences resulting from failure to seek appropriate professional guidance. Coaching or developmental strategies based on TAP results should be implemented with appropriate supervision and consideration for the specific needs and circumstances of each individual.

Technical Limitations

While ATN strives to maintain high standards of reliability and validity for the TAP, all psychological assessments have inherent limitations and margins of error. No assessment can claim perfect reliability or validity. ATN continuously works to improve the TAP but cannot guarantee that the assessment is free from all technical or methodological limitations common to psychological assessments. The online administration of the TAP may be affected by technical factors including but not limited to internet connectivity issues, device compatibility problems, or platform maintenance, which may impact the assessment experience or results in ways beyond ATN's control.

TAP COACH AI CHATBOT

Above The Neck offers an AI-powered chatbot (TAP Coach) to assist users in understanding and applying TAP results and developing mental performance capabilities.

Purpose and Limitations

The AI Chatbot is designed to provide informational and educational guidance related to athletic and personal mental performance development. It is not intended to provide medical advice, psychological diagnosis, therapy or treatment. The AI Chatbot: - Is powered by artificial intelligence technology - Provides general information about athletic mindset and mental performance concepts - Offers suggestions for mental performance improvement - Helps interpret TAP results in general terms - Offers guidance on communicating and working with others.

User Acknowledgements

By using the TAP Coach AI Chatbot, you acknowledge and agree to the following:

1. No Medical Service

The AI Chatbot is not a healthcare provider, a medical professional, or a provider of mental health services. It does not practice medicine or therapy. ATN provides a technology platform to support users' self-help efforts and the efforts of their individual supporters (such as parents and coaches).

2. No Provider-Patient Relationship

By using the AI Chatbot, you are not entering into a healthcare provider-patient relationship with ATN. Any decision related to diagnosis, treatment, or both, rests with you and your healthcare provider.

3. Not a Substitute

The AI Chatbot is not meant to be a substitute or replacement for any in-person healthcare visits, counseling, therapy, psychiatric care, or wellbeing visits that may be necessary.

4. Potential Inaccuracies

Any output or other information obtained through use of the AI Chatbot, similar to use of other AI tools, is susceptible to inaccuracies and incompleteness, including hallucinations in some instances. You must not rely on factual assertions in output from the AI Chatbot without independent fact-checking.

5. No Obligation to Report

ATN is not obligated to report, on behalf of any user or others, any potential abuse to the authorities.

AI Training and Data Use

Your interactions with the AI Chatbot may be used to train and improve the system. By using the AI Chatbot, you grant ATN permission to:

. Anonymize and aggregate your chat inputs and interactions

. Use this data to enhance the AI system's responses and accuracy

. Store conversation history for quality improvement purposes

You can delete your conversation history at any time through your account settings. For more details on how your data is used, please refer to our Privacy Policy.

Chat Access by Product Tier

Access to the AI Chatbot varies by product tier as specified on our Sites and in your Order Form. Certain product tiers may include: - No AI Chatbot access - Trial access for a limited period (e.g., 30 days) - Full access for the duration of a subscription or other specified period The specific AI Chatbot access rights for your product tier are detailed at the time of purchase. Users with trial access will receive notifications before expiration with options to upgrade or extend access as available.

Chat Trial Terms

For users with trial access to the AI Chatbot:

1. Trial Activation

Trial periods begin as specified on your Order Form.

2. Trial Limitations

During the trial period, you have access to AI Chatbot features as specified in your product tier.

3. Trial Expiration

You will receive notifications before your trial expires with available options to extend or upgrade access.

4. No Automatic Charges

Trials will not automatically convert to paid subscriptions unless explicitly chosen to do so on your Order Form.

Chat Content and Usage Restrictions

You agree not to use the AI Chatbot to:

. Generate, transmit, or store content that violates our Terms of Use or Community Guidelines

. Attempt to manipulate, reverse-engineer, or extract the underlying AI models or training data

. Engage in automated or programmatic access of the AI Chatbot service

. Resell, redistribute, or provide commercial access to AI Chatbot services to third parties

. Generate content that is illegal, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, invasive of another's privacy, or otherwise objectionable

ATN reserves the right to restrict, suspend, or terminate access to the AI Chatbot service without refund if we detect violations of these restrictions. We may monitor Chat usage patterns and content to ensure compliance with these terms, subject to our Privacy Policy.

Service Limitations and Disclaimers

The AI Chatbot is an artificial intelligence tool and may occasionally generate inaccurate, incomplete, or inappropriate responses. You should not rely on the AI Chatbot for professional advice, including but not limited to medical, legal, financial, or psychological advice. ATN makes no warranties, express or implied, regarding the accuracy, reliability, legality, or fitness for a particular purpose of the AI Chatbot service or any content it generates. The AI Chatbot service is provided "as is" and may be subject to temporary unavailability for maintenance, updates, or technical issues. We do not guarantee 24/7 availability of the service. You understand and acknowledge that interactions with the AI Chatbot are not confidential or privileged communications, and you should not share sensitive personal, medical, or financial information through the AI Chatbot service.

Modifications to Chat Services

ATN reserves the right to modify these Chat service terms, including changing the pricing, packaging, features, or availability of Chat services, at any time in our sole discretion. Any changes to Chat pricing will apply only to future purchases and will not affect already purchased access periods or active subscriptions. Material changes to the functionality or availability of the AI Chatbot service will be communicated to users via email or through notices on our Platform at least thirty (30) days before implementation, whenever possible. Your continued use of the AI Chatbot service after such modifications constitutes your acceptance of the updated terms.

Chat Usage Tracking and Account Management

Your Chat access status (trial, active, or expired) will be visible in your account dashboard or profile section. For users with trial access: Refer to your Order Form to determine the dates of your access. For subscribers: Your AI Chatbot access remains active as long as your subscription is current. You are responsible for monitoring your Chat access status and taking appropriate action to maintain access if desired. If you believe there is an error in your Chat access or status, you must notify us within thirty (30) days at support@abovetheneck.ai.

Ownership and Intellectual Property

You retain ownership of the content you provide to the AI Chatbot during Chat Sessions, subject to the license grants in our general Terms of Use. ATN owns all right, title, and interest in and to the AI Chatbot technology, including any intellectual property rights therein. Subject to our Privacy Policy and any applicable opt-in choices you make, we may use anonymized and aggregated data from Chat Sessions to improve our services. You grant ATN a limited, non-exclusive license to store, process, and analyze your Chat input and interaction data as necessary to provide and improve the AI Chatbot service and as further described in our Privacy Policy.

ONLINE TRAINING MATERIALS AND COURSES

ATN offers a variety of online training materials, videos, worksheets, and courses to support athletic mindset and mental performance development.

Course Materials and Content

All Course materials published by ATN in any form of media, including, but not limited to, text, news articles, photographs, images, illustrations, audio clips, video clips, poll results, trademarks, service marks, logos, training materials, and other material (collectively, "Course Content"), are protected by U.S. and international copyright and other intellectual property laws and are owned or controlled by ATN, Inc. or the party credited as the provider of the Course Content. You may use Course Content on the ATN website and from Course materials for personal or organizational purposes. You may not copy or republish Course Content except for those items which are explicitly allowed to be downloaded or printed. In the event of any permitted copying, redistribution, or publication of copyrighted material, no changes in or deletion of author attribution, trademark legend, or copyright notice shall be made. You acknowledge that you do not acquire any ownership rights in these copyrighted materials by downloading them.

Registration and Participation

For courses requiring advanced registration (e.g., live courses), ATN may close registration prior to the start date to ensure quality of experience. Complete and paid registrations will be given preference for courses with limited capacity.

Live Course Transfer Policy

If you cannot attend a live course that you have registered for, you can transfer your registration to another participant or access the course recordings after the live sessions are completed.

DISCLAIMER AND LIMITATION OF LIABILITY

Our Services might be unavailable from time-to-time

We periodically schedule system downtime for maintenance and other purposes.

Unplanned outages also may occur. ATN shall have no liability for the resulting unavailability of the Sites or for any loss of data or transactions caused by planned or unplanned system outages, or any outages of web host providers, or third party applications integrated with our Sites.

No Warranty

This is our disclaimer of legal liability for the quality, safety, or reliability of our Services.

YOU AGREE THAT YOUR USE OF THE SERVICES IS ENTIRELY AT YOUR OWN RISK. THE SERVICES, AND ALL MATERIALS, INFORMATION (INCLUDING, WITHOUT LIMITATION, TEXT, GRAPHICS, LINKS, OR ANY INFORMATION OR MATERIALS OBTAINED OR ACCESSED THROUGH THE SERVICES), AND PRODUCTS INCLUDED THEREIN ARE PROVIDED "AS IS," "WITH ALL FAULTS," "AS AVAILABLE," WITH NO WARRANTIES WHATSOEVER AND THEREFORE ATN EXPRESSLY DISCLAIMS TO THE FULLEST EXTENT PERMITTED BY LAW ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, FREEDOM FROM COMPUTER VIRUS, TITLE, AND NON-INFRINGEMENT OF INTELLECTUAL PROPERTY OR PROPRIETARY RIGHTS. ATN DISCLAIMS ANY RESPONSIBILITY FOR THE ACCURACY, COMPLETENESS, LEGALITY, RELIABILITY, OR OPERABILITY OF INFORMATION, CONTENT, OR MATERIALS ON THE SERVICES, THE FUNCTIONALITY OF THE SERVICES, OR THE AVAILABILITY OF THE SERVICES. ATN CANNOT AND DOES NOT GUARANTEE AND DOES NOT PROMISE ANY SPECIFIC RESULT FROM USE OF THE SERVICES. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM ATN, OR FROM OR THROUGH THE SERVICES, SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN. YOU HAVE NO RIGHT TO RELY ON ANY INFORMATION CONTAINED HEREIN AS ACCURATE. ATN MAKES NO SUCH WARRANTY. ATN EXPRESSLY DISCLAIMS ANY AND ALL RESPONSIBILITIES AND LIABILITY FOR THE CONDUCT OF ANY OTHER USER, AND EXPRESSLY DISCLAIMS THAT USER MATERIALS INPUTTED BY OTHER USERS ARE EITHER CORRECT OR ACCURATE. ATN IS NOT RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY USER OR OTHER USERS OF THE SERVICES. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF IMPLIED WARRANTIES, SO THE ABOVE DISCLAIMERS AND EXCLUSIONS MAY NOT APPLY TO YOU. IF APPLICABLE LAW DOES NOT ALLOW THE EXCLUSION OF SOME OR ALL OF THE ABOVE IMPLIED WARRANTIES TO APPLY TO YOU, THE ABOVE EXCLUSIONS WILL APPLY TO YOU ONLY TO THE EXTENT PERMITTED BY APPLICABLE LAW.

Exclusion of Liability

These are the limits of legal liability we may have to you.

YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. ATN IS NOT RESPONSIBLE FOR ANY PROBLEMS OR TECHNICAL MALFUNCTION OF ANY NETWORK, SYSTEM, SERVER OR PROVIDER, COMPUTER EQUIPMENT, SOFTWARE, FAILURE OF E-MAIL OR CONTENT PLAYERS ON ACCOUNT OF TECHNICAL PROBLEMS, OR TRAFFIC CONGESTION ON THE INTERNET OR AT ANY WEBSITE OR COMBINATION THEREOF. ATN IS NOT RESPONSIBLE FOR ANY INJURY OR DAMAGE TO ANY DEVICES BELONGING TO ANY USER OR ANY OTHER PERSON RELATED TO OR RESULTING FROM USE OF THE SERVICES, VIEWING, PLAYING, OR DOWNLOADING ANY USER MATERIALS ON OR FROM THE SERVICES, OR OTHERWISE IN ANY WAY IN CONNECTION WITH THE SERVICES. UNDER NO CIRCUMSTANCES WILL ATN, ITS PARENTS, SUBSIDIARIES, AND AFFILIATES, AND THEIR RESPECTIVE OWNERS, OFFICERS, MANAGERS, OTHER USERS, AGENTS, AND EMPLOYEES, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES OR LOSSES (INCLUDING WITHOUT LIMITATION LOSS OF PROFITS, REVENUE, GOODWILL, USE DATA, OR OTHER INTANGIBLE LOSSES), WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, ARISING OUT OF OR IN CONNECTION WITH USE OF, OR INABILITY TO USE, THE SERVICES, WHETHER OR NOT ATN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSS. IN SUCH STATES WHERE THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES IS NOT ALLOWED, ATN'S LIABILITY SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW. IN NO EVENT SHALL ATN BE LIABLE TO YOU FOR ANY AMOUNT EXCEEDING TWENTY-FIVE DOLLARS ($25.00) OR THE MINIMUM AMOUNT ALLOWED BY LAW IN THE APPLICABLE JURISDICTION.

Indemnification

You will indemnify us if your actions using our Services cause us financial harm.

You agree to compensate, indemnify, defend, and hold harmless ATN, our officers, directors, employees, agents, business partners, affiliates, distributors, licensors and licensees for, from and against all claims, losses, expenses, damages, costs, or demands, resulting from any claim, action, investigation, demand, or proceeding arising in connection with your use of our Services or any violation of these Terms.

Intellectual Property Indemnification

ATN will defend and indemnify you against claims that the Services, when used as authorized, infringe a third party's intellectual property rights, provided you promptly notify ATN of the claim and cooperate with our defense. This indemnification excludes claims arising from: (i) modifications you make; (ii) combination with non-ATN products; (iii) use after notice to discontinue; or (iv) User Content.

TERMINATION

We can each end this agreement, but some rights and obligations survive.

Both you and ATN may terminate this agreement at any time with notice to the other. Upon termination, you lose the right to access or use the Services.

Suspension

ATN may suspend your access to Services immediately if: (i) you breach these Terms; (ii) your use poses a security risk; (iii) your use may harm other users; (iv) suspension is required by law; or (v) you fail to pay fees when due. We will notify you of suspension unless prohibited by law or if notification would compromise security. For subscription services: Termination of your subscription will result in loss of access to subscription features at the end of your current billing period. Early termination may result in downgraded access or other consequences as specified in your Order Form or at the time of purchase. Sections related to Intellectual Property Rights, Disclaimer and Limitation of Liability, Indemnification, and Governing Law and Dispute Resolution survive termination of this agreement. ATN shall not be liable to you or any third party for termination of the Services or your account with us. Should you object to the terms of this agreement or any subsequent modifications thereto or become dissatisfied with the Services, our fees, or any other aspect of this agreement in any way, your only recourse is to immediately discontinue use of the Services.

GOVERNING LAW AND DISPUTE RESOLUTION

Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of Missouri without regard to its conflict of law principles. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded.

IMPORTANT: MANDATORY ARBITRATION PROVISION

PLEASE READ THIS SECTION CAREFULLY AS IT AFFECTS YOUR LEGAL RIGHTS. BY USING THE SERVICES OR ENTERING INTO THESE TERMS, YOU ACKNOWLEDGE AND AGREE TO THE FOLLOWING PROVISION.

(a) Agreement to Arbitrate

You and ATN agree that any dispute, claim, or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation, or validity thereof, or to the use of the Services or Content (collectively, "Disputes") will be settled by binding arbitration, except that each party retains the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of a party's copyrights, trademarks, trade secrets, patents, or other intellectual property rights. YOU ACKNOWLEDGE AND AGREE THAT YOU AND ATN ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION OR REPRESENTATIVE PROCEEDING.

(b) Arbitration Rules

The arbitration will be administered by the American Arbitration Association ("AAA") in accordance with the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (the "AAA Rules") then in effect, except as modified by this Section. The AAA Rules are available at www.adr.org or by calling 1-800-778-7879.

(c) Arbitration Process

A party who desires to initiate arbitration must provide the other party with a written Demand for Arbitration as specified in the AAA Rules. The arbitrator will be either a retired judge or an attorney licensed to practice law in the state of Missouri and will be selected by the parties from the AAA's roster of consumer dispute arbitrators. If the parties are unable to agree upon an arbitrator within seven (7) days of delivery of the Demand for Arbitration, then the AAA will appoint the arbitrator in accordance with the AAA Rules.

(d) Arbitration Location and Procedure

Unless you and ATN otherwise agree, the arbitration will be conducted in the county where you reside. If your claim does not exceed $10,000, then the arbitration will be conducted solely on the basis of documents you and ATN submit to the arbitrator, unless you request a hearing or the arbitrator determines that a hearing is necessary. If your claim exceeds $10,000, your right to a hearing will be determined by the AAA Rules. Subject to the AAA Rules, the arbitrator will have the discretion to direct a reasonable exchange of information by the parties, consistent with the expedited nature of the arbitration.

(e) Arbitrator's Decision

The arbitrator will render an award within the time frame specified in the AAA Rules. The arbitrator's decision will include the essential findings and conclusions upon which the arbitrator based the award. Judgment on the arbitration award may be entered in any court having jurisdiction thereof. The arbitrator's award damages must be consistent with the terms of the "Limitation of Liability" section above as to the types and the amounts of damages for which a party may be held liable. The arbitrator may award declaratory or injunctive relief only in favor of the claimant and only to the extent necessary to provide relief warranted by the claimant's individual claim.

(f) Fees

Your responsibility to pay any AAA filing, administrative, and arbitrator fees will be solely as set forth in the AAA Rules.

(g) Changes

Notwithstanding the provisions above, if ATN changes this "Arbitration Agreement" section after the date you first accepted these Terms (or accepted any subsequent changes to these Terms), you may reject any such change by sending us written notice (including by email to support@abovetheneck.ai) within 30 days of the date such change became effective, as indicated in the "Last Updated" date above or in the date of ATN's email to you notifying you of such change. By rejecting any change, you are agreeing that you will arbitrate any dispute between you and ATN in accordance with the provisions of this "Arbitration Agreement" section as of the date you first accepted these Terms (or accepted any subsequent changes to these Terms).

(h) Severability

If any portion of this Arbitration Agreement is found to be unenforceable or unlawful for any reason, (1) the unenforceable or unlawful provision shall be severed from these Terms; (2) severance of the unenforceable or unlawful provision shall have no impact whatsoever on the remainder of the Arbitration Agreement or the parties' ability to compel arbitration of any remaining claims on an individual basis pursuant to the Arbitration Agreement; and (3) to the extent that any claims must therefore proceed on a class, collective, consolidated, or representative basis, such claims must be litigated in a civil court of competent jurisdiction and not in arbitration, and the parties agree that litigation of those claims shall be stayed pending the outcome of any individual claims in arbitration.

Class Action Waiver

YOU AND ATN AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and ATN agree otherwise, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding.

Time Limitation on Claims

YOU AND ATN AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SERVICES OR THESE TERMS MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.

GENERAL TERMS

These are some additional details about the agreement.

Release

ATN HEREBY DISCLAIMS ANY LIABILITY, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, INCLUDING WITHOUT LIMITATION, LIABILITY FOR ANY DIRECT, PUNITIVE, SPECIAL, CONSEQUENTIAL, INCIDENTAL OR INDIRECT DAMAGES, IN CONNECTION WITH THE GOODS OR SERVICES PROVIDED BY A THIRD PARTY, INCLUDING WITHOUT LIMITATION LIABILITY FOR ANY ACT, ERROR, OMISSION, INJURY, ILLNESS, LOSS, ACCIDENT, DELAY OR IRREGULARITY WHICH MAY BE INCURRED THROUGH THE FAULT, NEGLIGENT OR OTHERWISE, OF SUCH THIRD PARTY AND YOU HEREBY EXONERATE AND FOREVER RELEASE ATN FROM ANY LIABILITY WITH RESPECT TO THE SAME. IN THE EVENT THAT YOU HAVE A DISPUTE WITH ONE OR MORE OTHER MEMBERS OR VISITORS OF THE SITE, YOU HEREBY RELEASE, REMISE AND FOREVER DISCHARGE ATN AND ITS RESPECTIVE AGENTS, DIRECTORS, OFFICERS, EMPLOYEES, AND ALL OTHER RELATED PERSONS OR ENTITIES FROM ANY AND ALL MANNER OF RIGHTS, CLAIMS, COMPLAINTS, DEMANDS, CAUSES OF ACTION, PROCEEDINGS, LIABILITIES, OBLIGATIONS, LEGAL FEES, COSTS, AND DISBURSEMENTS OF ANY NATURE WHATSOEVER, WHETHER KNOWN OR UNKNOWN, WHICH NOW OR HEREAFTER ARISE FROM, RELATE TO, OR ARE CONNECTED TO YOUR USE OF THE SITE. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH SAYS: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR."

Force Majeure

Neither party shall be liable for any failure or delay in performance under this Agreement which is due to fire, flood, earthquake, pandemic, governmental action, war, terrorism, or other unforeseeable cause that is beyond the reasonable control of such party, provided that such party promptly notifies the other party and uses best efforts to remedy the situation.

Entire Agreement

These Terms shall constitute the entire agreement between the parties and any prior understanding or representation of any kind preceding the date of these Terms shall not be binding upon either party except to the extent incorporated in these Terms. No amendment, waiver, or consent may affect the rights or obligations of either party under these Terms unless it is in writing and signed by ATN. These Terms do not confer any third-party beneficiary rights. If any provision of these Terms is determined to be invalid, illegal, or unenforceable, the remaining portion will remain in full force and effect. If we fail to enforce any provision of these Terms, such failure will not constitute a waiver of that provision or any others.

Authority

If you are registering as an entity, you represent that you have the authority to bind the entity to these Terms. Each User further represents and covenants that any information submitted to the Site during such User's registration with the Site shall be true and correct.

Severability

The invalidity of any portion of these Terms will not and shall not be deemed to affect the validity of any other provision. If any provision of these Terms is held to be invalid, the parties agree that the remaining provisions shall be deemed to be in full force and effect as if they had been executed by both parties subsequent to the expungement of the invalid provision.

No Waiver

The failure of ATN to insist upon the performance of any of the terms of these Terms, or the waiver of any breach of any of the terms of these Terms, shall not be construed as subsequently waiving any such terms, but the same shall continue and remain in full force and effect as if no such forbearance or waiver had occurred.

Party Reference

In these Terms, any reference to a party includes that party's heirs, executors, administrators, successors and assigns, and singular includes plural.

Successors and Assignment

All rights and obligations of ATN under these Terms are freely assignable and/or delegable by ATN in connection with a merger, acquisition, sale of assets, by operation of law, or any other form of assignment, delegation, or succession. Your rights and obligations under these Terms may not be assigned, delegated, transferred, shared, or divided in whole or in part, without the prior written consent of ATN.

COMPLAINTS REGARDING CONTENT

If you encounter problems with the Content on our Sites, here is how to let us know.

Intellectual Property Infringement

ATN does not permit infringement of intellectual property rights. If you believe that any Content on the Sites infringe your copyright or other intellectual-property rights, you may notify ATN by providing the information required by the Online Copyright Infringement Liability Limitation Act section of the Digital Millennium Copyright Act as follows: Above The Neck's designated agent to receive notifications of claimed copyright infringement under the DMCA is: Above The Neck Inc. Attn: Dr. Robert Troutwine (DMCA Notice) 12 Mohave Drive Lake Winnebago, MO 64034 Email: support@abovetheneck.ai For the purposes of clarification, only notices pursuant to the DMCA should be directed to Above The Neck's DMCA agent. All other questions or concerns about our Services or the Terms of Use should be directed to Above The Neck as set forth at the end of the Terms of Use. At a minimum, your correspondence should include the following: - An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; - A copy of the copyrighted work that you claim has been infringed, or a description of the copyrighted work, including the URL (i.e., web page address) of the location where the copyrighted work exists - Identification of the URL or other specific location on the Site where the material that you claim is infringing is located; - A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; - A statement by you, made under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf; and - Your address, telephone number, and e-mail address.

Objectionable Content

ATN does not condone offensive, obscene, unlawful, infringing, false, spam, or otherwise objectionable material you may encounter in connection with your use of our Services. If you encounter such content, you may notify us at support@abovetheneck.ai and we will take action to remove any material that violates these Terms.

CONTACT ABOVE THE NECK

Do you have general feedback, questions, or concerns? Here is our contact info. Web: AboveTheNeck.ai Email: support@abovetheneck.ai Except as explicitly stated otherwise, any legal notices shall be sent by postal mail to Above The Neck Inc., 12 Mohave Drive, Lake Winnebago, MO 64034.

SUPPLEMENTAL TERMS FOR ORGANIZATIONS, TEAMS & TEAM ACCOUNT ADMINISTRATORS

At Above The Neck, we hold ourselves to a high standard. We expect the same from our Team Account Administrators. Prior to using our ATN platform for an organization or team, Team Account Administrators should carefully read and consider the following terms. This Section of Supplemental Terms only applies to Team Account Administrators (e.g., Organization Administrators, Coaches, Staff, etc. that have a level of administrative access to an organization or team account) that set up an ATN team account, get invited to join an ATN team account as an Administrator by an existing Team Account Administrator, or access an ATN team account (or content derived from an ATN team account). In addition to all other provisions of these Terms, the following terms apply to such Team Account Administrators:

Definitions

Some special definitions apply in this section for our Team Accounts.

**"Enterprise"** means an entity such as a company, organization, school, athletic department, sports team, consulting organization, or other legal entity, including all the individuals that are included as making up the entirety of the entity.

**"Organization"** means any entity that uses the Services and may include, without limitation, a single sports team (such as a professional, college, high school, or club team), a club that manages multiple teams, an athletic department overseeing various sports programs, a sports league, a school, or any other sporting or athletic entity that purchases or uses ATN Services. The terms "Organization" and "Team" may be used interchangeably throughout these Terms to refer to any such entity that is a User of the Services, regardless of its size, structure, or the number of athletic teams under its management.

**"Product"** means a defined subset of our Services made available for use by individuals or Enterprises.

**"Team Account"** means an ATN account that allows for the aggregation of individuals and their TAP results, among other features. An organization's Team Account can include multiple teams and Team Accounts underneath it in a hierarchical manner.

**"You"** **or "your"** includes both you the individual person and also the associated school, college, corporation, partnership, non-profit organization, services organization, or other legal entity for which you are accepting this Agreement, and Affiliates of that school, college, corporation, partnership, non-profit organization, services organization, or entity.

Additional Terms

We have additional terms applicable to team accounts and team account administrators.

THIS AGREEMENT GOVERNS YOUR ACQUISITION AND USE OF OUR SERVICES THROUGH AN ATN TEAM ACCOUNT. BY ACCEPTING THIS AGREEMENT, EITHER BY CLICKING A BOX INDICATING YOUR ACCEPTANCE OR BY EXECUTING AN ORDER FORM THAT REFERENCES THESE TERMS OF USE, YOU AGREE TO THE TERMS OF THIS AGREEMENT. IF YOU ARE ENTERING INTO THIS AGREEMENT ON BEHALF OF A SCHOOL, COLLEGE, CORPORATION, PARTNERSHIP, NON-PROFIT ORGANIZATION, SERVICES ORGANIZATION, SOLE PROPRIETORSHIP OR OTHER LEGAL ENTITY, YOU REPRESENT THAT YOU HAVE THE AUTHORITY TO BIND SUCH ENTITY AND ITS AFFILIATES TO THIS AGREEMENT, IN WHICH CASE THE TERMS "YOU" OR "YOUR" SHALL REFER TO SUCH ENTITY AND ITS AFFILIATES. IF YOU DO NOT HAVE SUCH AUTHORITY, OR IF YOU DO NOT AGREE WITH THESE TERMS AND CONDITIONS, YOU MUST NOT ACCEPT THIS AGREEMENT AND MAY NOT USE THE SERVICES. You may not access the Services if you are our direct competitor, except with our prior written consent. In addition, You may not access the Services for purposes of monitoring the availability, performance, or functionality of the Services, or for any other benchmarking or competitive purposes. This Agreement is effective between you and Above The Neck as of the date you accept this Agreement by accepting online through our Services, or by consummating a Product Purchase through online order, online account activation, written agreement, purchase order, or invoice payment.

Products

Here are the important terms that apply to the products for teams. Upon completing a Product purchase through an Order Form, we will make the purchased Product available to you pursuant to this Agreement. When purchasing a Product directly from ATN, you will pay a fee plus applicable taxes in advance of accessing the product. Products for teams are purchased in two manners: (i) One-time fee for a specified product (e.g., you pay a set fee and receive a set number of TAP Access Codes); or (ii) A subscription where you pay a subscription fee plus applicable taxes in advance on a monthly/annual basis or some other recurring interval disclosed to you prior to your purchase (e.g., you pay an annual subscription fee for an ATN Team Account for your sport, level and service-level tier) for the services included in the Order Form. Tax rates are calculated based on the information you provide and the applicable rate at the time of your purchase. If you choose to purchase one or more of our Products and pay online, you authorize ATN and/or its designated payment processor to charge you any applicable fee(s) and store payment information you submit to the Site. By clicking the "Submit Payment" button, you agree your credit/debit card or Link account will be charged the amount listed. Please note on your credit/debit card statement this charge may appear under the following format: "ABOVE THE NECK INC". Other ordering and payment methods may be available through an Order Form on our Sites, e.g., Purchase Order, Invoice, Check payment, etc.

Price and Tax Changes

Our prices may change in the future. Tax rates are based on the rates applicable at the time of the payment and may change over time. ATN may from time to time make price changes to Products, including recurring subscription fees, and will communicate any price changes to you in advance. Price changes will take effect at the start of the next subscription period following the date of the price change and, by continuing to use the applicable Product of the Service after the price change takes effect, you will have accepted the new price. If you do not agree to a price change, you can reject the change by unsubscribing from the applicable subscription prior to the price change going into effect. Tax rates are based on the rates applicable at the time of your purchase or annual/monthly charge. These amounts can change over time with local tax requirements in your country, state, territory, county, or city. Any change in tax rate will be automatically applied based on the account information you provide.

No Refunds of Product Fees

ATN products are generally non-refundable. All ATN Product fees are non-refundable unless otherwise described in the order form.

Renewal and Cancellation of Paid Subscriptions

Subscriptions auto-renew unless canceled. Annual subscriptions of TAP Coach will automatically renew at the end of the applicable subscription period, unless you cancel your subscription before the end of the then-current subscription period. Visit your TAP Coach organization profile for instructions on how to cancel. The cancellation will take effect the day after the last day of the current subscription period. We do not provide refunds or credits for any partial subscription periods.

Publicity

We can mention you are a customer. During the term of this Agreement, we shall be permitted to identify you as a customer and to hyperlink from our web site to your Internet website and/or social media account. With prior written consent, we shall be permitted to use your name and additional content in news releases, articles, brochures, marketing materials, advertisements, and other publicity or promotions. No specific consideration or endorsement fee shall be required for this right.

Code of Conduct

You will conduct yourself in a professional manner and not use ATN Content to harm others. You understand that ATN's ability to assist you in your efforts of your work for you and/or your Organization could be jeopardized by unprofessional conduct, including conduct that is harassing, defamatory, or otherwise inappropriate, in whatever forum it occurs. You also understand and agree that any such conduct could negatively reflect on both you and ATN, as well as potentially any individual athletes and/or other Organizations or third parties that ATN works with. As such, you agree that ATN may suspend performance or terminate services in whole or in part in ATN's sole discretion, without further liability or obligation to you, should ATN determine that you have: (a) communicated about Users of ATN (individuals or Organizations) in a manner that could be construed as harassing, defamatory, an unauthorized sharing (e.g., "leaking" to the media or any third parties), or otherwise deemed as an inappropriate use of ATN Content; (b) engaged in any other behavior that is unprofessional or that would reflect negatively on ATN or Organizations that are customers of ATN, such determination to be in ATN's sole discretion.

Entire Agreement

Only the Order Form and these Terms of Use make up our Agreement. This Agreement is the entire agreement between you and us regarding your use of Products and supersedes all prior and contemporaneous agreements, presentations, proposals, or representations, written or oral, concerning its subject matter. No modification, amendment, or waiver of any provision of this Agreement will be effective unless in writing and signed by the party against whom the modification, amendment, or waiver is to be asserted. The parties agree that any term or condition stated in your purchase order or in any other of your order documentation (excluding Order Forms) is void. In the event of any conflict or inconsistency among the following documents, the order of precedence shall be: (1) the applicable Order Form and (2) these Terms of Use.

Our Relationship

Our relationship is that of independent contractors only. The relationship between you and us is that of independent contractors. This Agreement does not create a partnership, franchise, joint venture, agency, fiduciary or employment relationship between the parties.