Coach Agreement

1. Agreement

This ARIA Coach Agreement (“Agreement”) is between you, an individual college coach, and [LEGAL ENTITY NAME — TO BE INCORPORATED] (“ARIA,” “we,” “us,” or “our”). It governs your use of ARIA’s coach tools, recruiting database, and analytics (the “Coach Service”).

By applying for a coach account, checking the box to accept this Agreement, or using the Coach Service, you agree to this Agreement. The ARIA Privacy Policy explains how ARIA handles information about athletes and coaches. If your Institution purchases a subscription for you, it may sign a separate order form with ARIA.

2. Definitions

• “Athlete Information” means any information about a prospective student-athlete available through ARIA, including Public Recruiting Information, Private Shared Information, Target-Program Interest, and Analytics about an athlete.
• “Public Recruiting Information” means information ARIA obtains from publicly available sources, such as meet results, rankings, commitments, graduation year, high school, and club team.
• “Private Shared Information” means information an athlete provided through an ARIA account and chose to share with you, such as GPA, test scores, academic interests, college preferences, recruiting goals, and profile photos.
• “Target-Program Interest” means an athlete’s indication, through ARIA’s “Share my interest” setting, that they are interested in your Program.
• “Analytics” means the Athletic Index, roster-need projections, program-fit analytics, and other outputs ARIA generates.
• “Program” means a specific college swimming team at your Institution. Men’s and women’s teams are separate Programs, even at the same college.
• “Institution” means the college or university that employs you.
• “Coaching Staff” means the coaches and staff employed by your Institution who are directly involved in recruiting for your Program.
• “Coach-Access Date” means June 15 following an athlete’s sophomore year of high school (June 15 of the athlete’s graduation year minus two).

3. Eligibility, Verification, and Your Account

• Eligibility. You must be employed as a coach or recruiting staff member by a college or university athletics program and authorized by your Institution to recruit. You may not use the Coach Service while the NCAA, your conference, or your Institution prohibits you from recruiting activities.
• Verification. You must provide your name, title, Institution, sport, work email address, phone number, and any information ARIA reasonably requests to verify your identity and affiliation. ARIA verifies coach accounts manually before granting access to Athlete Information, and may re-verify periodically.
• Per-Program access. ARIA verifies you for each Program you coach. If you coach both a men’s and a women’s team, you will be verified for each separately.
• One account per person. Do not share your login. Each member of your Coaching Staff who uses ARIA must have their own verified account.
• Changes in your role. Notify ARIA within 5 business days if you leave your Institution, change roles, or are no longer authorized to recruit. ARIA will revoke access when your affiliation cannot be confirmed or ends.
• Security. Use a strong password and multi-factor authentication if ARIA offers it. You are responsible for activity under your account.

4. What You Can Access

• Public Recruiting Information and Analytics, including for athletes who do not have ARIA accounts.
• Private Shared Information only if the athlete chose to share it with you, and only on or after the athlete’s Coach-Access Date. Athletes may turn sharing off at any time, which ends your access to that information.
• Target-Program Interest only for your specific Program. You will not see an athlete’s interest in any other program, including the other-gender team or other programs at your Institution.
• Athletic Index for account holders under 18 only where the athlete has given explicit consent.
• Self-reported results are not shown to coaches until ARIA verifies them.

ARIA does not guarantee that any particular athlete or information will be available.

5. Permitted Use

You may use Athlete Information and Analytics only for legitimate college recruiting for your Program at your Institution (the “Permitted Purpose”), in compliance with Section 7 and applicable law.

You may share Athlete Information only with members of your Coaching Staff who need it for the Permitted Purpose and with your Institution’s athletics compliance office, to the extent needed to comply with NCAA or conference rules. You are responsible for anyone you share it with following this Agreement.

6. Restrictions

You must not, and must not allow anyone else to:

• (a) sell, rent, license, or otherwise transfer Athlete Information or Analytics;
• (b) publish or post Athlete Information, including on social media, websites, recruiting boards, or in the media;
• (c) share Athlete Information with anyone outside your Coaching Staff, including other institutions, other programs at your Institution, club or high school coaches, recruiting services, agents, boosters, or NIL collectives;
• (d) bulk export, scrape, crawl, download, or systematically copy Athlete Information or Analytics, whether by scripts, bots, browser extensions, screenshots, or manual copying;
• (e) combine Athlete Information with other data to build databases or profiles outside ARIA, except individual notes kept in your Institution’s internal recruiting records for the Permitted Purpose;
• (f) use Athlete Information for marketing or commercial purposes, including promoting camps, clinics, lessons, or fundraising;
• (g) use Athlete Information to recruit for any program other than your Program, or on behalf of anyone else;
• (h) use Athlete Information or Analytics to train or improve any AI model, or enter Private Shared Information into third-party AI tools;
• (i) try to learn an athlete’s interest in other programs, access information before an athlete’s Coach-Access Date or that an athlete has not shared, or re-identify de-identified data;
• (j) get around sharing controls, verification, access limits, or security;
• (k) pressure, require, or reward athletes to turn on sharing, share their target programs, give you their ARIA login, or send you ARIA information outside ARIA;
• (l) present Analytics as an official ranking, NCAA determination, or offer;
• (m) reverse engineer the Coach Service or Analytics, or use them to build a competing product; or
• (n) use the Coach Service after your access has been revoked.

7. NCAA, Conference, and Institutional Rules

• You are solely responsible for following all rules that apply to you, including those of the NCAA, NAIA, NJCAA, your conference, and your Institution, and applicable law. This includes recruiting calendars, contact and communication rules, rules on subscribing to recruiting or scouting services, and record-keeping.
• ARIA’s Coach-Access Date and sharing controls protect athlete privacy. They do not mean that contacting an athlete is permitted under the rules that apply to you, and ARIA does not provide compliance advice.
• If your Institution requires approval to subscribe to a recruiting service, you must obtain it before purchasing a paid plan.
• Uniform pricing. ARIA charges every coach and Institution the same published prices. ARIA does not offer custom, negotiated, or school-specific pricing or discounts.

8. Communicating With Athletes

Many athletes on ARIA are under 18. Your communications with athletes must be professional, appropriate for minors, and consistent with your Institution’s policies on communicating with minors, including copying a parent or guardian where those policies or applicable rules require. Where ARIA provides an athlete’s contact information, you may use it only for the Permitted Purpose and only when contact is allowed under the rules in Section 7.

9. Analytics Are Estimates

• The Athletic Index is ARIA’s estimate of how an athlete’s swimming compares with a program’s competitive level, based on the athlete’s best verified individual times compared with recent conference championship results, with small program-specific adjustments. Roster-need projections are forecasts. Public data may contain errors.
• Private Shared Information, such as GPA and test scores, is provided by athletes and is not verified by ARIA. Confirm academic information through official channels, such as transcripts and official score reports.
• Analytics are calculated by fixed formulas, not by AI. ARIA does not use AI to score, rank, or recommend athletes to you.
• Use your own independent judgment. ARIA is not responsible for your recruiting decisions.
• ARIA may change its methods. Athletes may dispute their Athletic Index, and ARIA may correct data and recalculate. Please report data errors to coaches@ariarecruiting.com.

9A. Program Profile and ARIA AI

• Your Program Profile answers belong to your Program and are shared with the other verified coaches of your Program.
• ARIA may use the answers you do not mark as internal to help its AI assistant describe your Program’s recruiting to athletes. ARIA rewords them and does not quote them or name you. Internal answers, such as academic floors and spots per class, are never shown to athletes or sent to AI.
• AI requests are processed by Amazon Web Services through Amazon Bedrock and are not used to train AI models (Privacy Policy Section 13).
• Keep your answers accurate and current, and do not include athletes’ personal information in them.

10. When Sharing Is Withdrawn or Your Access Ends

• Withdrawn sharing. If an athlete turns off sharing, your access to that Private Shared Information and Target-Program Interest ends. The restrictions in this Agreement continue to apply to anything you already viewed.
• Access ends. When your access ends for any reason, you must stop using the Coach Service and delete Athlete Information obtained through ARIA that is in your possession, except information your Institution must keep to meet NCAA, conference, institutional, or legal record-keeping requirements. Anything kept remains subject to this Agreement. On request, you will confirm deletion in writing.
• Deleting your account. You may delete your account at any time in Settings. ARIA removes your login immediately and keeps your recruiting board, shortlists, and notes for 30 days, then permanently deletes them. Public staff information, such as your name and title, is not deleted.

11. Audit, Monitoring, and Enforcement

• ARIA records which coaches access Athlete Information, what they access, and when, and may audit that access, including through automated detection of bulk or unusual activity.
• You will cooperate with reasonable audit requests, including explaining how Athlete Information was used or shared.
• If ARIA reasonably believes you have violated this Agreement, ARIA may immediately suspend or restrict your access, investigate, and notify your Institution (such as your head coach, athletics director, or compliance office), affected athletes and their parents or guardians, and authorities where required by law.
• A violation of Section 5 or 6 is a material breach. Because misuse of Athlete Information may cause harm that money cannot fix, ARIA may seek a court order to stop it, in addition to other remedies.

12. Security and Incidents

Protect Athlete Information in your possession with reasonable safeguards, such as not leaving ARIA logged in on shared devices. Notify ARIA at security@ariarecruiting.com within 48 hours of learning of any unauthorized access to your account or unauthorized disclosure of Athlete Information, and cooperate with ARIA’s investigation.

13. Fees, Beta Access, and Payment

13.1 Beta

During ARIA’s beta period, the Coach Service is free. Beta features may be incomplete and may change or be removed. ARIA may end the beta period at any time, subject to Section 13.2.

13.2 End of Beta

ARIA will give you at least 30 days’ notice before the beta period ends. You will not be charged unless you affirmatively choose a paid plan. If you do not choose one, your access will end 14 days after the beta period ends.

13.3 Paid Plans

After the beta period, ARIA will offer one coach plan with a choice of monthly or annual billing, at prices published on ARIA’s website. The annual price is lower than twelve monthly payments. Prices are the same for every coach and Institution (see Section 7): [MONTHLY PRICE] per month or [ANNUAL PRICE] per year.

13.4 Billing and Automatic Renewal

Paid plans renew automatically at the end of each billing period at the then-current published rate until cancelled. You authorize ARIA and its payment processor [PAYMENT PROCESSOR — TO BE SELECTED] to charge your payment method at the start of each billing period. Institutions on annual plans may pay by invoice or purchase order.

13.5 Cancellation and Refunds

You may cancel at any time online. Cancellation takes effect at the end of the current billing period. Except where required by law or stated at purchase, fees are non-refundable and ARIA does not refund 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.

13.6 Price Changes, Taxes, and Late Payment

ARIA will give at least 30 days’ notice of a price change, which applies at your next renewal. Fees do not include taxes; tax-exempt Institutions must provide an exemption certificate. ARIA may suspend access for unpaid fees.

13.7 Who Pays

If your Institution pays for your plan, your Institution is responsible for the fees. You remain responsible for following this Agreement either way.

13.8 What Fees Cover

Fees pay for ARIA’s analytics and tools. ARIA does not sell athlete personal information, and paying does not give you access to any information an athlete has not chosen to share.

14. Confidentiality

You will keep Athlete Information and ARIA’s non-public information (such as unreleased features, documentation, and methods) confidential and use it only for the Permitted Purpose. Nothing in this Agreement restricts your use of information you obtain independently of ARIA, such as meet results you look up directly or information an athlete gives you directly.

15. Intellectual Property

• ARIA and its licensors own the Coach Service, Analytics, Athletic Index methods, software, and design. ARIA does not claim ownership of publicly available results.
• ARIA grants you a limited, non-exclusive, non-transferable, revocable license to use the Coach Service for the Permitted Purpose while this Agreement is in effect.
• If you send ARIA feedback, ARIA may use it without any obligation to you.
• You may not use ARIA’s name or logos without permission. ARIA will not use your Institution’s name or logos in marketing without written permission.

16. Term, Suspension, and Termination

• This Agreement starts when you accept it and continues until your account is closed.
• You may close your account at any time.
• ARIA may suspend or terminate your access immediately if you breach this Agreement, if your verification or affiliation cannot be confirmed or ends, for non-payment, or if required by law. ARIA may also terminate for any other reason with 30 days’ notice and will refund any prepaid fees for the unused period.
• Sections 6, 10, 11, 14, 15, and 17 through 22 continue after termination.

17. Disclaimers

TO THE FULLEST EXTENT PERMITTED BY LAW, THE COACH 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 ATHLETE INFORMATION OR ANALYTICS ARE ACCURATE OR COMPLETE, OR THAT THE COACH SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE.

18. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, NEITHER PARTY WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES. ARIA’S TOTAL LIABILITY FOR ALL CLAIMS RELATING TO THIS AGREEMENT WILL NOT EXCEED THE GREATER OF THE FEES PAID FOR YOUR ACCESS IN THE 12 MONTHS BEFORE THE CLAIM AROSE OR US$100.

These limits do not apply to your breach of Sections 5, 6, or 14, your obligations under Section 19, or liability that cannot be limited by law.

19. Indemnification

You agree to defend and indemnify ARIA against third-party claims, losses, and reasonable legal fees arising from your misuse of Athlete Information, your breach of this Agreement, or your violation of NCAA, conference, or institutional rules or applicable law.

20. Dispute Resolution and Binding Arbitration

• Informal resolution. Before starting arbitration, the party with a dispute will send written notice to the other, and both will try in good faith to resolve it within 30 days.
• Binding arbitration. Any dispute arising from this Agreement or the Coach Service that is not resolved informally will be resolved by final and binding arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules, before a single arbitrator, in New York, New York, or by video conference. Judgment on the award may be entered in any court with jurisdiction.
• Individual claims only. Disputes will be resolved only on an individual basis. Neither party may bring or join a class, collective, or representative action or arbitration.
• Exceptions. Either party may bring an individual claim in small claims court, and either party may seek an injunction or other court order to stop unauthorized use or disclosure of Athlete Information, confidential information, or intellectual property.
• Governing law. This Agreement is governed by the laws of the State of Delaware, without regard to conflict-of-laws rules, and the Federal Arbitration Act governs this Section 20. Matters not subject to arbitration will be heard in the state or federal courts located in New York County, New York, and both parties waive a jury trial to the extent permitted by law.

21. Changes to This Agreement

ARIA may update this Agreement. For material changes, ARIA will notify you at least 30 days before they take effect. If you do not agree, stop using the Coach Service and cancel before the change takes effect; if the change materially and adversely affects you, ARIA will refund any prepaid fees for the unused period. Continued use after a change takes effect means you accept it.

22. General Terms

• Entire agreement. This Agreement, the Privacy Policy, and any order form are the entire agreement between you and ARIA about the Coach Service. If they conflict, an order form signed by ARIA controls on fees, and this Agreement controls on everything else.
• Electronic acceptance. Accepting this Agreement electronically has the same effect as a signature.
• Notices. ARIA may send notices to your account email. Send notices to ARIA at legal@ariarecruiting.com.
• Relationship. You and ARIA are independent parties. This Agreement creates no agency, partnership, or employment relationship.
• Assignment. You may not transfer this Agreement. ARIA may transfer it in connection with a merger, acquisition, reorganization, or sale of assets.
• Severability and waiver. If any part of this Agreement is unenforceable, the rest remains in effect. Failure to enforce a provision is not a waiver of it.
• Events beyond control. Neither party is responsible for delays caused by events beyond its reasonable control, except for payment obligations.

23. Contact Us

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

ARIA
Coach Support Email: coaches@ariarecruiting.com
Security Email: security@ariarecruiting.com
Legal Notices: legal@ariarecruiting.com
Website: ariarecruiting.com
Mailing Address: [TO BE DETERMINED]