Terms of Service

These Terms of Service (“Terms”) are an agreement between NYSFitSports LLC, a Washington limited liability company (“NYSFitSports,” “we,” “us”), and the institution identified on the applicable Order Form or invoice (“Customer,” “you”). By signing an Order Form, paying an invoice, or using the Service, you agree to these Terms.

1. The Service

NYSFitSports provides a web-based subscription platform that presents statistics, rankings, computed “fit scores,” and related analysis about college basketball players in the NCAA transfer portal (the “Service”).

2. Subscription and License

• 2.1 License. During the Subscription Term, NYSFitSports grants Customer a non-exclusive, non-transferable license for use of the Service by employees and staff of Customer’s athletic department only.
• 2.2 One program per subscription. A subscription covers a single athletic program. Credentials may be shared within Customer’s coaching and basketball operations staff, but not with any other institution, media outlet, agent, or third party.
• 2.3 Restrictions. Customer will not: (a) scrape, bulk-export, or systematically copy data from the Service except through export features we provide; (b) resell, republish, or redistribute the Service or its data outside Customer’s athletic department; (c) reverse engineer the Service; (d) use the Service on behalf of any institution other than Customer; or (e) use the Service in violation of NCAA, conference, or institutional rules applicable to Customer.

3. Fees, Renewal, and Cancellation

• 3.1 Fees. The subscription fee is stated on the Order Form or invoice. Year-one pricing is a flat annual rate, and NYSFitSports charges the same rate to all comparable subscribers, consistent with NCAA requirements for recruiting/scouting services.
• 3.2 Automatic renewal. The subscription renews automatically for successive one-year terms. The payment method used to pay the initial invoice will be saved and charged (or invoiced) at each renewal at the then-current rate. We will send a renewal reminder, including the renewal amount and cancellation instructions, at least 15 and not more than 45 days before each renewal.
• 3.3 Cancellation. Customer may cancel at any time, effective at the end of the current Subscription Term, by emailing nysfitsports@gmail.com. Cancellation is free and takes effect without further steps. See the Refund & Cancellation Policy for refund terms.
• 3.4 Price changes. We will give at least 30 days’ written notice before any renewal at a higher rate.
• 3.5 Taxes. Fees exclude sales and similar taxes. Tax-exempt institutions must provide a valid exemption certificate.

4. NCAA Recruiting/Scouting Service Disclosures

• 4.1 NYSFitSports operates as a recruiting/scouting service subject to NCAA Bylaw 13.14, with approval by the NCAA Enforcement Certification and Approvals Group (ECAG) pending for the current cycle.
• 4.2 No outcomes guaranteed. The Service provides information and analysis only. NYSFitSports does not guarantee, and expressly disclaims any guarantee of, the recruitment, commitment, transfer, eligibility, or performance of any student-athlete.
• 4.3 Customer is solely responsible for its own compliance with NCAA, conference, and institutional rules in its use of the Service.

5. Data, Analysis, and AI-Generated Content

• 5.1 Informational only. Fit scores, grades, archetypes, badges, and rankings are computed estimates and expressions of opinion derived from statistical data. They are provided for informational purposes and are not statements of fact about any player’s character, ability, health, or future performance.
• 5.2 AI-generated content. Portions of the Service (including scouting summaries and the assistant chat) are generated by artificial intelligence from statistical inputs. AI-generated content may contain errors and is clearly identified in the product. Customer should independently verify any information before relying on it.
• 5.3 No warranty of accuracy. Data is sourced from third parties and may contain errors or be out of date. The Service is provided “AS IS” and NYSFitSports disclaims all warranties, express or implied, including accuracy, completeness, merchantability, and fitness for a particular purpose.
• 5.4 Corrections. Requests to correct data or content about a player may be sent to nysfitsports@gmail.com and will be reviewed promptly.

6. Non-Affiliation

NYSFitSports is not affiliated with, endorsed by, or sponsored by the NCAA, any athletic conference, any member institution, any student-athlete, ESPN, or any data provider. Team names and marks appearing in the Service are used solely to identify institutions.

7. Intellectual Property

NYSFitSports owns the Service, its software, its computed metrics (including fit scores and grades), and all related IP. Customer owns its own weight configurations, lists, and notes; Customer grants us a license to host and process them to operate the Service.

8. Confidentiality

Each party will protect the other’s non-public information with reasonable care and use it only to perform under these Terms. For public universities, Customer’s obligations are subject to applicable public records laws.

9. Term and Termination

• 9.1 These Terms run for the Subscription Term and any renewals.
• 9.2 Either party may terminate for material breach on 30 days’ written notice if the breach is not cured.
• 9.3 We may suspend access for non-payment 15 days after written notice of a past-due invoice.

10. Limitation of Liability

• 10.1 Neither party is liable for indirect, incidental, consequential, or punitive damages, including lost profits or lost recruiting opportunities.
• 10.2 Each party’s total liability under these Terms is capped at the fees paid or payable by Customer in the 12 months before the claim.
• 10.3 These limits do not apply to Customer’s breach of Section 2.3 (restrictions) or either party’s willful misconduct.

11. Indemnification

Customer will defend and indemnify NYSFitSports against third-party claims arising from Customer’s misuse of the Service or violation of these Terms. NYSFitSports will defend and indemnify Customer against third-party claims that the Service, as provided, infringes U.S. intellectual property rights.

12. Governing Law

Washington law governs, and disputes will be resolved in the state or federal courts located in Washington.

13. General

No assignment without consent (except to a successor in a merger or asset sale). These Terms plus the Order Form are the entire agreement; a signed Order Form controls over conflicting terms in a Customer purchase order. Notices go to the emails on the Order Form. If any provision is unenforceable, the rest stand.

Contact: NYSFitSports LLC, nysfitsports@gmail.com