Terms of Use for Athletes and Parents

1. Agreement to These Terms

These Terms of Use (“Terms”) are an agreement between you and [LEGAL ENTITY NAME — TO BE INCORPORATED] (“ARIA,” “we,” “us,” or “our”). They apply to your use of ARIA’s website, applications, and related services (the “Service”) as a student-athlete or as a parent or legal guardian of a student-athlete.

By creating an account, checking the box to accept these Terms, or using the Service, you agree to these Terms. Please also read the ARIA Privacy Policy, which explains what information ARIA collects, how it is used and shared, and the choices you have. If you do not agree to these Terms, do not use the Service.

College coaches use ARIA under a separate ARIA Coach Agreement. These Terms do not apply to coach accounts.

2. Who Can Use ARIA

• Minimum age. You must be at least 14 years old to create an ARIA account. If ARIA learns that an account belongs to someone under 14, ARIA will close it.
• Users under 18. If you are under 18 (or the age of majority where you live), you may use ARIA only with the permission of your parent or legal guardian, who must review these Terms. A parent or guardian who permits a minor to use ARIA agrees to these Terms on their own behalf and on behalf of the minor, and is responsible for the minor’s use of the Service, including any purchases.
• Athlete accounts. Athlete accounts are for prospective college student-athletes who are in high school.
• One account per person. You may have only one athlete account. You may not create an account if ARIA has previously removed you from the Service.
• Where ARIA is offered. ARIA is currently intended for users in [the United States and Canada — TO BE CONFIRMED]. ARIA is not yet offered in the Republic of Korea.

3. Your Account

• Provide accurate, current information, including your name, date of birth, and graduation year, and keep it up to date.
• Keep your password confidential. You are responsible for activity under your account. Tell us right away at support@ariarecruiting.com if you believe someone has accessed your account without permission.
• Do not share your login with anyone, including college coaches, club or high school coaches, or recruiting services. Parents and guardians should use ARIA’s parent pathway (Section 4), not the athlete’s login.
• Graduation-year verification. Before coach-facing features are turned on, ARIA verifies your graduation year using an official document, such as a transcript, a school letter, or a note from your school counselor. You may redact everything except your name, school, and graduation year. ARIA uses the document only for verification and deletes it within [30] days after verification is complete.

4. Parents and Guardians

• Linking. A parent or legal guardian may link to an athlete’s account through ARIA’s parent pathway. Linking requires confirmation by the athlete.
• What linked parents can see. A linked parent or guardian may view information in the athlete’s account, such as the athlete’s profile, swimming results, roadmap, tasks, calendar, target programs, and sharing settings. [TO BE CONFIRMED: whether parents can view AI conversations and whether parents can change sharing settings.]
• Consent for athletes ages 14 to 17. Sharing information with coaches and showing the Athletic Index to coaches require the athlete’s own consent, together with acknowledgment from a linked parent or guardian where one is linked. An athlete’s “No” always overrides a parent’s “Yes”: a parent or guardian cannot turn on sharing or profiling that the athlete has declined.
• Deletion and privacy requests. A verified parent or guardian may request deletion of the athlete’s account and may submit other privacy requests on the athlete’s behalf, subject to identity and relationship verification.
• Honest representation. By linking, you confirm you are the athlete’s parent or legal guardian. ARIA may remove a link, and close an account, if this is not true.

5. What ARIA Provides

ARIA is a technology service that helps student-athletes navigate college swimming recruiting. Depending on your plan, features may include an athlete profile, recruiting roadmaps and recommendations, AI-powered recruiting assistance, the Athletic Index and program-fit analytics, tasks and calendars, target programs, and the ability to share information with verified college coaches.

ARIA is not:

• your agent, advisor, or representative in recruiting, admissions, or financial aid;
• affiliated with or endorsed by the NCAA, NAIA, NJCAA, USA Swimming, any athletic conference, or any college, unless ARIA says otherwise in writing; or
• a promise of any outcome. ARIA does not guarantee that you will be contacted, recruited, admitted, placed on a roster, or offered a scholarship or financial aid.

You are responsible for your own eligibility and for following the rules of the NCAA, other athletic associations, your high school, and your club. ARIA does not make eligibility determinations.

ARIA may add, change, or remove features. Features labeled “beta” or “preview” may be incomplete and may change or end without notice.

6. Free and Premium Plans

6.1 Free Plan

ARIA’s core athlete features are available free of charge, including an athlete profile, imported and verified swimming results, the Athletic Index, target programs, sharing controls, a recruiting calendar and tasks, and a limited number of AI assistant messages each month. [PROPOSED — CONFIRM.]

6.2 Premium

ARIA offers an optional paid subscription (“Premium”) with additional features, such as unlimited AI assistant messages, a full personalized recruiting roadmap, and expanded program-fit analytics [PROPOSED — CONFIRM]. You may choose monthly or annual billing; the annual price is lower than twelve monthly payments. Prices are [MONTHLY PRICE] per month or [ANNUAL PRICE] per year, as shown at the time of purchase.

6.3 Who Can Purchase

Only an adult who is at least 18 years old (or the age of majority where they live), usually a parent or guardian, may purchase Premium. The purchaser is responsible for all charges.

6.4 Billing and Automatic Renewal

Before you buy, ARIA will clearly show the price, billing frequency, renewal terms, and how to cancel, and will ask you to agree. Premium renews automatically at the end of each billing period at the then-current price until you cancel. By subscribing, you authorize ARIA and its payment processor [PAYMENT PROCESSOR — TO BE SELECTED] to charge your payment method at the start of each billing period. ARIA does not store full payment card numbers. ARIA will email you a confirmation after purchase.

6.5 Cancellation

You can cancel Premium at any time online in your account settings. Cancellation takes effect at the end of the current billing period, and you keep Premium features until then.

6.6 Refunds

Except where required by law or stated at the time of purchase, payments are non-refundable and ARIA does not provide refunds for partial billing periods. If you cancel an annual plan within 14 days after purchase or after an annual renewal charge, ARIA will refund that charge in full.

6.7 Free Trials

If ARIA offers a free trial, ARIA will tell you when it ends and remind you before your first charge. Cancel before the trial ends to avoid being charged.

6.8 Price Changes and Renewal Reminders

ARIA will give you at least 30 days’ notice before a price change takes effect. Price changes apply at your next renewal, and you may cancel before then. For annual plans, ARIA will send a reminder before each renewal.

6.9 Taxes and Failed Payments

Prices do not include applicable taxes unless stated. If a payment fails, ARIA may suspend Premium features until payment is made.

6.10 Premium and Coaches

Premium does not change how ARIA calculates your Athletic Index, how ARIA verifies your results, or how ARIA ranks or presents you to college coaches. Coaches are not told whether an athlete has Premium. [TO BE CONFIRMED.]

7. Sharing Your Information With College Coaches

• Public recruiting information. Verified college coaches may see recruiting information from public sources, such as meet results, rankings, and commitments, and ARIA analytics derived from it, whether or not you have an ARIA account (see Section 11).
• Private information. Private information you provide through your account, such as GPA, test scores, academic interests, college preferences, recruiting goals, and your ARIA profile photo, is shared with a coach only if you turn sharing on, only with the coaches you choose, and only the information you choose. Turning sharing on does not make your information public.
• Coach-Access Date. Private information is not shared with coaches before your Coach-Access Date: June 15 following your sophomore year of high school, calculated as June 15 of your graduation year minus two (for example, June 15, 2027 for the Class of 2029).
• Target programs. Adding a program to your Target Programs is private by default. On or after your Coach-Access Date, you may turn on “Share my interest” for each program separately. Only verified coaches of that specific program will see it. Men’s and women’s teams are separate programs, and a coach will not learn which other programs you have targeted.
• Athletic Index. If you are under 18 and have an ARIA account, ARIA shows your Athletic Index and related analysis to coaches only with your explicit consent (see Section 4).
• Changing your mind. You may turn off any sharing setting at any time. Turning sharing off stops future coach access but cannot recall information a coach already viewed.
• Coaches’ responsibilities. Coaches must agree to the ARIA Coach Agreement, which limits them to recruiting for their own program and prohibits selling, publishing, bulk-exporting, or sharing athlete information outside their coaching staff. ARIA verifies coaches and records their access, but cannot control what a coach does outside ARIA. Report suspected misuse to support@ariarecruiting.com.
• Contact outside ARIA. Any communication or relationship you have with a coach or college outside ARIA is between you and them.

8. Swimming Results and Verification

• Imported and verified results are obtained from, or matched to, accepted official sources.
• Linked SwimCloud results. When you link your SwimCloud profile, the results imported from it are treated as verified right away. ARIA separately confirms that the linked profile is yours, and if it is not, ARIA removes the link and those results (see Section 13).
• Self-reported results are results you enter manually that ARIA has not independently verified. They are visible only to you and a linked parent or guardian, not to coaches.
• Verification. You may ask ARIA to verify a self-reported result by submitting acceptable evidence, such as an official results file or results page from the meet host, a governing-body times report, or a signed statement from the meet referee or your club coach identifying the meet, date, event, and time. ARIA may decline to verify a result. Once verified, a result is treated like an imported result, including being visible to coaches. If the information behind a verified result is materially changed, its verified status is removed until it is verified again.
• No false results. You must not enter results you know are false, altered, or not yours, or submit altered or fake documents. ARIA may remove results and suspend or close accounts that do.

9. Athletic Index and Recruiting Analytics

The Athletic Index is ARIA’s estimate of how an athlete’s swimming compares with a college program’s competitive level. ARIA calculates it from the athlete’s best verified individual times, compared with recent conference championship results, with small program-specific adjustments for relay needs, event versatility, and roster needs. Self-reported times are not used until they are verified.

• The Athletic Index and other analytics are estimates, not official rankings. They do not guarantee recruitment, admission, a roster spot, or scholarships. Colleges and coaches make their own decisions.
• Your Athletic Index may change as new results are added or as ARIA improves its methods.
• Disputes. You (or a linked parent or guardian) may dispute your Athletic Index or the results used to calculate it through the dispute form in your account. Authorized ARIA personnel review each dispute and may correct the underlying data, recalculate the index, or explain the result.

10. AI Features

• You are talking to AI. ARIA’s assistant is an AI system, not a person, and ARIA tells you this at the start of every AI conversation. Its responses are generated automatically and are not checked by a person before you see them.
• AI does not decide anything about you. Your Athletic Index and other analytics are calculated by fixed formulas, not by AI. The assistant may explain them but cannot change them, and ARIA does not use AI to rank you or recommend you to coaches.
• AI-generated responses may be inaccurate, incomplete, or out of date. Check important information, such as deadlines, eligibility, admissions requirements, and NCAA rules, with official sources such as the college, the NCAA Eligibility Center, or your school counselor.
• AI features do not provide legal, financial, medical, or mental-health advice and do not guarantee any recruiting or admissions outcome.
• Information you type into an AI conversation may be processed as written. Do not enter passwords, government ID numbers, financial account numbers, health information, or other people’s personal information.
• ARIA does not use your AI conversations or account information to train AI models, and ARIA’s AI providers do not either. ARIA would ask for your separate, opt-in consent before any such use (Privacy Policy Section 13).
• AI requests are processed by Amazon Web Services through Amazon Bedrock, using Anthropic’s Claude models. ARIA sends only the information a feature needs and leaves out your name, email address, exact date of birth, and photo (Privacy Policy Section 13).
• ARIA uses safety filters to keep conversations appropriate for high school athletes. The assistant may decline some requests.
• Do not use AI features to create harmful or unlawful content, to try to obtain other users’ information, or to get around ARIA’s safeguards.
• AI features are not for emergencies or personal crises. If you or someone else is in danger, contact local emergency services. If you are struggling, talk to a parent, coach, school counselor, or other trusted adult; in the United States and Canada you can also call or text 988.

11. Public Recruiting Information and Profiles

• ARIA maintains a recruiting database built from publicly available information, such as official meet results, governing-body databases, and collegiate athletics sources. ARIA imports profiles only for high school athletes and does not import results dated before January 1 of the athlete’s graduation year minus five.
• You may appear in ARIA before you create an account. These profiles are visible only to verified college coaches and authorized ARIA personnel, not to other athletes, parents, or the public. Appearing in ARIA does not mean you created an account, endorsed ARIA, or verified the information.
• Claiming a profile. You may link or claim your existing recruiting profile when you create an account. ARIA may require you to confirm the profile is yours. Private information from your account is kept separate from independently sourced information.
• Corrections and removal. You may request correction or removal of eligible information through ARIA’s correction and removal request form or by emailing privacy@ariarecruiting.com.
• Deleting your account does not delete publicly available recruiting information that ARIA obtained independently (see Section 18).

12. Your Content

“Your Content” means information you submit to ARIA, such as profile details, academic information, results, documents, photos, goals, and messages.

• You own Your Content. You grant ARIA a non-exclusive, worldwide, royalty-free license to host, store, copy, process, and display Your Content only as needed to operate, provide, and improve the Service, and to share it as you direct through your settings and as described in the Privacy Policy. This license ends when Your Content is deleted, except for copies ARIA must keep by law and copies in backups until they expire.
• Your responsibility. You must have the right to submit Your Content. Do not submit other people’s private information without permission.
• Profile photos must be of you and appropriate for a recruiting profile. ARIA may remove photos that are not.
• Feedback. If you send ARIA suggestions or feedback, ARIA may use them without any obligation to you.

13. Acceptable Use

You agree not to:

• provide false information, including a false graduation year, age, identity, or result;
• impersonate another athlete, parent, coach, or anyone else;
• create an account for someone else, except through the parent pathway, or access another person’s account;
• scrape, crawl, bulk download, or use bots or other automated means to access the Service or its data;
• copy, sell, publish, or redistribute other athletes’ information or ARIA’s analytics;
• reverse engineer the Service or its analytics, or use the Service to build a competing product;
• get around security, sharing controls, date limits, or verification;
• upload malware or interfere with the Service;
• harass, threaten, or bully other users or coaches, or send spam;
• post content that is unlawful, infringing, sexual, hateful, or violent;
• use the Service for a business, such as a recruiting service or club business, without ARIA’s written permission; or
• use the Service in a way that violates any law or the rules of any athletic association.

Using someone else’s profile. You may link only your own swimming profile. If you link, claim, or use another swimmer’s profile or results, ARIA will remove the link and those results, may permanently close your account and ban you from ARIA (including any account created to get around the ban), may notify coaches who viewed the affected information, and may seek to recover its costs and damages as permitted by law (see Section 21).

14. Communications

• ARIA sends service messages about your account, security, billing, recruiting activity, roadmaps, and tasks. Some of these are necessary while your account is open.
• ARIA sends marketing messages, such as newsletters and recruiting tips, only if you opt in. You can unsubscribe at any time using the link in each message.
• You agree that ARIA may provide agreements, notices, and other communications electronically, and that these satisfy any requirement that they be in writing.

15. Privacy

The ARIA Privacy Policy explains how ARIA collects, uses, shares, retains, and protects information, and the privacy choices and requests available to you. If these Terms and the Privacy Policy conflict about how personal information is handled, the Privacy Policy controls.

16. ARIA’s Intellectual Property

• The Service, including its software, design, Athletic Index, analytics, roadmaps, and ARIA-created content, is owned by ARIA or its licensors. ARIA does not claim ownership of Your Content or of publicly available results.
• ARIA grants you a limited, non-exclusive, non-transferable, revocable license to use the Service for your own personal, non-commercial recruiting purposes, subject to these Terms.
• ARIA’s names and logos are ARIA’s trademarks. College names and logos belong to their owners, and their appearance in ARIA does not mean they endorse ARIA.

17. Third-Party Links and Services

ARIA may link to third-party websites, such as college athletics and admissions pages, and may use third-party services, such as a payment processor. ARIA is not responsible for their content, practices, or terms, which apply to your use of them.

18. Account Deletion, Suspension, and Termination

• Deleting your account. You may delete your account at any time in your account settings or by emailing privacy@ariarecruiting.com. A verified parent or guardian may request deletion of an athlete’s account.
• What deletion does. ARIA deletes the private information associated with your account as described in the Privacy Policy. Publicly available recruiting information that ARIA obtained independently may remain in ARIA’s recruiting database, but ARIA will no longer represent it as belonging to an ARIA user.
• Premium. Deleting your account cancels Premium. Refunds are handled as described in Section 6.
• Suspension or termination by ARIA. ARIA may suspend or close your account if you violate these Terms, if your use creates risk for other users or ARIA, or if required by law. If ARIA discontinues the Service or closes your account for reasons other than your violation, ARIA will refund any prepaid Premium fees for the unused period.
• Sections that by their nature should continue after your account ends, including Sections 12, 16, and 19 through 24, will continue.

19. Disclaimers

TO THE FULLEST EXTENT PERMITTED BY LAW, THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. ARIA DOES NOT WARRANT THAT PUBLIC DATA, AI RESPONSES, OR ANALYTICS ARE ACCURATE OR COMPLETE, THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT USING ARIA WILL LEAD TO ANY RECRUITING, ADMISSIONS, OR SCHOLARSHIP OUTCOME.

Some jurisdictions do not allow certain disclaimers, so some of the above may not apply to you. Nothing in these Terms limits rights you have under consumer protection laws that cannot be waived.

20. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, ARIA WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR FOR LOST OPPORTUNITIES, SCHOLARSHIPS, OR DATA, ARISING FROM YOUR USE OF THE SERVICE. ARIA’S TOTAL LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICE WILL NOT EXCEED THE GREATER OF THE AMOUNT YOU PAID ARIA IN THE 12 MONTHS BEFORE THE CLAIM AROSE OR US$100.

These limits do not apply to liability for gross negligence, willful misconduct, death or personal injury caused by negligence, or any liability that cannot be limited by law.

21. Indemnification

To the extent permitted by law, you (and, if you are a minor, your parent or guardian) agree to defend and indemnify ARIA against third-party claims, losses, and reasonable legal fees arising from your violation of these Terms, Your Content, or your misuse of the Service.

22. Resolving Disputes

• Talk to us first. Before filing a claim, contact ARIA at support@ariarecruiting.com with a description of the issue. You and ARIA will try in good faith to resolve it within 60 days.
• Governing law. These Terms are governed by the laws of the State of Delaware, without regard to conflict-of-laws rules, except where the law of the place you live gives you rights that cannot be waived.
• Courts. Any dispute not resolved informally will be decided by the state or federal courts located in New York County, New York. You may also bring an individual claim in small claims court where you live, if it qualifies.
• No arbitration. Disputes under these Terms are not subject to mandatory arbitration.
• Users outside the United States. If you live in Canada or another country, you keep any rights your local law gives you, including the right to bring a claim in your local courts where that law requires.

23. Changes to These Terms

ARIA may update these Terms. ARIA will post changes on this page and update the “Last Updated” date. For material changes, ARIA will notify you by email or in the Service at least 30 days before they take effect and, where required by law, ask you to accept them. If you do not agree to a change, stop using the Service and cancel any Premium subscription before it takes effect. Continued use after a change takes effect means you accept the updated Terms.

24. General Terms

• Entire agreement. These Terms, the Privacy Policy, and any terms shown at purchase are the entire agreement between you and ARIA about the Service.
• Severability. If any part of these Terms is found unenforceable, the rest remains in effect.
• No waiver. ARIA’s failure to enforce a provision is not a waiver of it.
• Assignment. You may not transfer these Terms. ARIA may transfer them in connection with a merger, acquisition, reorganization, or sale of assets, subject to the Privacy Policy.
• Events beyond control. ARIA is not responsible for delays or failures caused by events beyond its reasonable control.
• Translations. If ARIA provides these Terms in another language, the English version controls unless local law requires otherwise.

25. Contact Us

ARIA is operated by [LEGAL ENTITY NAME — TO BE INCORPORATED].

ARIA
Support Email: support@ariarecruiting.com
Privacy Email: privacy@ariarecruiting.com
Website: ariarecruiting.com
Mailing Address: [TO BE DETERMINED]