Factors Terms of Use
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Effective Date: May 1, 2025
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Legal Entity: Factors Athletic Training Software Inc.
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These Terms of Use ("Terms") govern your access to and use of the Factors mobile application and related services ("Service") provided by Factors Athletic Training Software Inc. (“Factors”, “we”, “us” or “our”). By accessing or using the Service, you agree to be bound by these Terms. If you do not agree to these Terms, do not use the Service.
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1. Eligibility
You must be at least 13 years old or the age of legal digital consent in your jurisdiction to access or use the Service. If you are under 18, you represent that you have permission from your parent or legal guardian to use the Service. If you are accepting these Terms on behalf of another person or entity, you represent that you are authorized to do so.
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2. Account Registration and Security
You may be required to register for an account. You agree to provide accurate and complete information and keep it updated. You are responsible for all activity under your account and must maintain confidentiality of your login credentials. Notify us immediately of any unauthorized use of your account.
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3. Subscription Services and Billing
Factors offers a one-month free trial, followed by monthly or annual subscriptions. You may purchase subscriptions via the Apple App Store, Google Play Store, or directly on our website. By subscribing, you authorize us to charge your payment method on a recurring basis. You may cancel your subscription at any time. Refunds are handled on a case-by-case basis.
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4. Free Trials
Your subscription may begin with a free trial period. The duration of the free trial will be specified during sign-up. At the end of the trial, you will be automatically charged unless you cancel your subscription prior to the end of the trial period.
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5. Third-Party Integrations
The Service may integrate with third-party platforms including but not limited to, Apple Health, Garmin, WHOOP, MyFitnessPal, and TrainingPeaks. By connecting these services, you grant Factors permission to access and use data from those platforms in accordance with our Privacy Policy. We are not responsible for the performance or data accuracy of third-party services.
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6. User Data and Privacy
We take your privacy seriously. Factors does not sell your personal data. Your data may be anonymized and aggregated to improve our AI analytics models and enhance the Service. You may request deletion of your personal data, including all connected data, at any time. You may also export your data through the app. See our Privacy Policy for more details.
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7. AI and Analytics Disclaimer
The Service uses AI-based tools to generate performance insights. These insights are informational only and should not be considered medical, nutritional, or training advice. Use of these features is at your own risk. Factors does not guarantee accuracy or fitness for a specific purpose of AI-generated outputs.
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8. Acceptable Use
You agree not to misuse the Service, including by interfering with normal operation, accessing accounts you do not own, using bots or automated systems, or distributing harmful or unlawful content. We reserve the right to terminate accounts found to be in violation of this policy.
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9. Intellectual Property
All content, features, and functionality of the Service, including but not limited to software, text, graphics, logos, and audio, are owned by Factors or its licensors. You may not reproduce, distribute, or create derivative works without prior written consent.
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10. Termination
We reserve the right to suspend or terminate your access to the Service at our discretion, without notice, for conduct that we believe violates these Terms. You may also terminate your account at any time. Upon termination, you may request deletion of your personal data.
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11. Disclaimers
The Service is provided on an 'AS IS' and 'AS AVAILABLE' basis. Factors disclaims all warranties, express or implied, including merchantability and fitness for a particular purpose. We do not guarantee uninterrupted access, error-free operation, or accuracy of information.
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12. Limitation of Liability
To the maximum extent permitted by law, Factors shall not be liable for any indirect, incidental, special, or consequential damages arising out of your use or inability to use the Service. Our total liability shall not exceed the amount paid by you to us in the 12 months preceding the claim.
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13. Governing Law
These Terms and any disputes shall be governed by the laws of the Province of Ontario, Canada. If you are located outside of Canada, you may be entitled to additional protections under local consumer laws.
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14. Dispute Resolution and Arbitration
Any dispute arising out of or relating to these Terms will be resolved through binding arbitration in Toronto, Ontario, Canada, except where prohibited by law. You agree to waive any right to a jury trial or class action.
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15. Modifications to the Terms
We may update these Terms at any time. Material changes will be notified via the Service or by email. Continued use of the Service after changes means you accept the updated Terms.
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16. Contact Information
If you have questions about these Terms, contact us at:
admin@factorstraining.com
42 Sir Gawaine Place, Markham ON L3P 3A2, Canada.