These Terms of Service (this "Agreement") govern access to and use of the LiveBarn Analytics platform and all associated services, features, dashboards, reports, and tools (collectively, the "Platform") provided by LiveBarn Inc. ("LiveBarn," "we," "us," or "our"). By registering for, accessing, or using the Platform in any capacity, each individual or entity ("Subscriber") agrees to be bound by this Agreement. The term Subscriber includes, without limitation, coaches, parents, guardians, players, teams, clubs, associations, leagues, organizations, and any other person who accesses or uses the Platform. If a Subscriber is accepting on behalf of an organization, that Subscriber represents and warrants that it has the authority to bind that organization to this Agreement.
THIS AGREEMENT CONTAINS IMPORTANT LIMITATIONS OF LIABILITY, DISCLAIMERS OF WARRANTIES, AND AN INDEMNIFICATION OBLIGATION. PLEASE READ THIS AGREEMENT CAREFULLY BEFORE ACCESSING OR USING THE PLATFORM.
As used in this Agreement, the following capitalized terms have the meanings set forth below:
"Authorized Users" means the individual personnel designated by Subscriber who are authorized to access and use the Platform under Subscriber's account, as further described in Section 3.
"Analytics Data" means all aggregated, anonymized, benchmarked, derived, machine-generated, or otherwise processed data, metrics, reports, rankings, trends, predictive outputs, benchmarking models, and operational or participation insights generated by or through the Platform.
"Confidential Information" means any non-public business, financial, operational, technical, or proprietary information disclosed by one party to the other in connection with this Agreement, whether or not marked as confidential.
"Order Form" means any order form, registration page, or subscription agreement referencing this Agreement that sets out the applicable subscription tier, fees, Subscription Term, and other commercial terms.
"Organization Data" means all data, content, video, player information, roster data, game footage, and other materials submitted to the Platform by or on behalf of Subscriber.
"Platform" means the LiveBarn Analytics software-as-a-service platform, including all associated APIs, dashboards, reports, analytics tools, features, and documentation, as updated, modified, or supplemented by LiveBarn from time to time.
"Subscriber" means any individual or entity that accesses or uses the Platform in any capacity, including without limitation: hockey teams, clubs, associations, leagues, and organizations; coaches, assistant coaches, trainers, and scouts; parents and guardians; and players. Each such person or entity is a Subscriber for purposes of this Agreement regardless of whether they are the account holder, an Authorized User, or accessed the Platform through another party's account.
"Subscription Term" means the period during which Subscriber is authorized to access and use the Platform, as set forth in the applicable Order Form.
2.1 Age Requirement. The Platform is intended for use by individuals who are at least eighteen (18) years of age. By accessing or using the Platform, Subscriber represents and warrants that it is at least eighteen (18) years of age, or, if Subscriber is an organization or entity, that the individual accepting this Agreement on behalf of Subscriber is at least eighteen (18) years of age and has the legal authority to bind Subscriber to this Agreement. LiveBarn does not knowingly permit individuals under the age of eighteen (18) to register as Subscribers. If LiveBarn becomes aware that a Subscriber is under the age of eighteen (18), LiveBarn reserves the right to immediately terminate that Subscriber's access to the Platform.
2.2 Minor Athlete Data. Subscriber acknowledges that the Platform may process data relating to minor athletes (individuals under the age of eighteen (18)). Subscriber represents and warrants that it has obtained all legally required consents, permissions, authorizations, and releases from the applicable parents, guardians, or other authorized representatives prior to submitting any data relating to minor athletes to the Platform. Subscriber assumes full responsibility and liability for compliance with all applicable laws governing the collection, use, and disclosure of data relating to minors.
2.3 Subscriber Types. The term Subscriber encompasses, without limitation: (a) hockey teams, clubs, leagues, and associations; (b) coaches, assistant coaches, trainers, and scouts; (c) parents and guardians who access the Platform in any capacity; (d) players who access the Platform directly or whose data is processed through the Platform; and (e) any other individual or entity that accesses or uses the Platform in any capacity. All Subscribers, regardless of their role or how they access the Platform, are bound by the terms of this Agreement in its entirety.
3.1 Grant of Access. Subject to Subscriber's compliance with this Agreement and timely payment of all applicable fees, LiveBarn grants Subscriber a limited, revocable, non-exclusive, non-transferable, and non-sublicensable right to access and use the Platform during the applicable Subscription Term solely for Subscriber's internal hockey analytics and team management purposes.
3.2 Authorized User Accounts. The number of Authorized User accounts available to Subscriber is determined by Subscriber's subscription tier, as set out in the applicable Order Form. By way of example, Elite tier subscribers are entitled to three (3) Authorized User accounts and Core tier subscribers are entitled to two (2) Authorized User accounts. The Team Administrator identified in the Order Form or on the registration page is responsible for designating Authorized Users and managing account access.
3.3 Team Administrator Responsibilities. The Team Administrator shall be responsible for: (a) designating and managing Authorized Users; (b) ensuring that all Authorized Users comply with this Agreement; (c) all activities conducted under Subscriber's account, including activities of Authorized Users; and (d) maintaining the confidentiality and security of all account credentials.
3.4 Subscriber's account credentials are personal to Subscriber and its Authorized Users and may not be shared with, transferred to, or used by any third party. Subscriber shall promptly notify LiveBarn of any actual or suspected unauthorized access to, or use of, Subscriber's account.
4.1 Permitted Use. Subscriber may access and use the Platform solely for its own internal hockey analytics and team development purposes during the Subscription Term and in accordance with this Agreement and any applicable Order Form.
4.2 Prohibited Conduct. Subscriber shall not, and shall ensure that its Authorized Users do not, directly or indirectly: (a) copy, reproduce, distribute, sublicense, lease, sell, resell, transfer, assign, or otherwise commercially exploit the Platform or any component thereof; (b) reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code, underlying algorithms, or structure of the Platform; (c) use the Platform or any data obtained therefrom to develop, build, or support any product or service that competes with the Platform or LiveBarn's business; (d) scrape, crawl, extract, or harvest data from the Platform through automated means, bots, scripts, or any other method not expressly authorized by LiveBarn; (e) upload, transmit, or introduce malicious code, viruses, worms, Trojan horses, or other harmful or disruptive content to the Platform; (f) interfere with, disrupt, or attempt to gain unauthorized access to the Platform, its related systems, networks, or the accounts of other users; (g) remove, alter, or obscure any proprietary notices, labels, or markings on the Platform; or (h) use the Platform in any manner that violates applicable law or regulation.
4.3 LiveBarn reserves the right, in its sole discretion, to investigate and take appropriate action against any Subscriber or Authorized User who, in LiveBarn's reasonable determination, has violated this Section 4, including suspending or terminating access to the Platform.
5.1 Ownership. As between Subscriber and LiveBarn, Subscriber retains all right, title, and interest in and to Organization Data.
5.2 License to LiveBarn. By submitting Organization Data to the Platform, Subscriber grants LiveBarn a worldwide, non-exclusive, royalty-free, fully paid-up license to access, use, host, store, transmit, process, analyze, reproduce, display, distribute, and otherwise use Organization Data as necessary to: (a) provide, operate, maintain, support, and improve the Platform; (b) develop and train machine learning and artificial intelligence models used in connection with the Platform; (c) generate Analytics Data; and (d) comply with applicable legal obligations.
5.3 Analytics Data. LiveBarn shall own all right, title, and interest in and to Analytics Data. Analytics Data does not personally identify any individual and is not attributable to any specific Subscriber. LiveBarn may use Analytics Data for any lawful purpose, including product development and improvement, benchmarking, machine learning, reporting, sponsorship programs, operational analysis, and commercial analytics, without restriction or compensation to Subscriber.
5.4 Data Accuracy and Reliance. Subscriber acknowledges and agrees that: (a) analytics, metrics, reports, rankings, and other outputs generated by the Platform may rely upon automated systems, machine learning models, artificial intelligence, third-party data sources, estimated calculations, or incomplete information; (b) LiveBarn does not guarantee the completeness, accuracy, reliability, timeliness, or suitability of any Platform output for any particular purpose; and (c) Subscriber is solely responsible for any decisions made in reliance upon Platform outputs.
5.5 Representations Regarding Submitted Data. Subscriber represents, warrants, and covenants that: (a) Subscriber has all necessary rights, licenses, permissions, consents, and authorizations to submit Organization Data to the Platform and to grant the licenses set forth in this Agreement; (b) Organization Data does not infringe, misappropriate, or violate any third-party intellectual property, privacy, or publicity rights; and (c) Organization Data complies with all applicable laws and regulations, including those governing the collection and use of personal information and data relating to minors.
5.6 Data Security. LiveBarn will implement commercially reasonable administrative, technical, and physical safeguards designed to protect Organization Data against unauthorized access, disclosure, or destruction. Notwithstanding the foregoing, LiveBarn does not guarantee absolute security and shall not be liable for any unauthorized access to or disclosure of Organization Data that occurs despite such safeguards.
6.1 The Platform may integrate with, or enable Subscriber to access, third-party systems, software, APIs, registration platforms, scheduling providers, payment processors, streaming services, or external data providers (collectively, "Third-Party Services"). LiveBarn does not control Third-Party Services and shall not be responsible for the operation, availability, security, functionality, accuracy, or compliance of any Third-Party Services.
6.2 Subscriber's use of any Third-Party Services is subject to the terms and conditions applicable to such Third-Party Services. LiveBarn shall have no liability arising from or related to Subscriber's use of any Third-Party Services.
7.1 Ownership. LiveBarn and its licensors retain all right, title, and interest, including all intellectual property rights, in and to the Platform, software, APIs, dashboards, reports, benchmarking methodologies, Analytics Data, trademarks, branding, documentation, and all other components of the Platform and related materials. Nothing in this Agreement transfers any ownership interest in the Platform or any LiveBarn intellectual property to Subscriber.
7.2 Feedback. If Subscriber or any Authorized User provides LiveBarn with feedback, suggestions, enhancement requests, recommendations, or other input regarding the Platform ("Feedback"), Subscriber hereby assigns to LiveBarn all right, title, and interest in and to such Feedback. LiveBarn may use Feedback for any purpose without restriction, obligation, or compensation to Subscriber.
8.1 Each party agrees to hold the other party's Confidential Information in strict confidence using at least the same degree of care it uses to protect its own confidential information, but in no event less than reasonable care. Neither party shall disclose Confidential Information to any third party without the other party's prior written consent, except: (a) to its employees, contractors, advisors, or affiliates who have a legitimate need to know such information for the purposes of this Agreement and who are bound by confidentiality obligations at least as protective as those set forth herein; or (b) as required by applicable law, regulation, court order, or governmental authority, provided that the disclosing party provides the other party with prompt written notice (to the extent permitted by law) and reasonable cooperation to seek confidential treatment of such disclosure.
8.2 Confidentiality obligations shall not apply to information that: (a) is or becomes publicly available through no fault of the receiving party; (b) was known to the receiving party prior to disclosure; (c) is independently developed by the receiving party without use of or reference to the disclosing party's Confidential Information; or (d) is lawfully obtained from a third party without restriction.
9.1 Fees. Subscriber shall pay all fees set forth in the applicable Order Form, invoice, or subscription agreement in accordance with the payment terms specified therein. All fees are denominated in Canadian dollars unless otherwise stated in the applicable Order Form.
9.2 Non-Refundable. Except as expressly set forth in this Agreement or required by applicable law, all fees paid by Subscriber are non-refundable and payment obligations for the applicable Subscription Term are non-cancelable.
9.3 Late Payment. If Subscriber fails to make any payment when due, LiveBarn reserves the right to: (a) charge interest on the overdue amount at the rate of one and one-half percent (1.5%) per month (or, if lower, the maximum rate permitted by applicable law), compounded monthly, from the due date until the date of actual payment; and (b) suspend or terminate Subscriber's access to the Platform in accordance with Section 11.
9.4 Taxes. Subscriber is responsible for all applicable sales, use, goods and services, harmonized sales, value-added, withholding, or other taxes, duties, levies, or governmental assessments imposed on or arising from Subscriber's use of the Platform or the fees payable under this Agreement, excluding taxes based on LiveBarn's net income. If LiveBarn is required to collect any such taxes, LiveBarn will invoice Subscriber for such amounts and Subscriber shall pay them in addition to the applicable fees.
10.1 Term. This Agreement commences on the date Subscriber first accepts it (whether by execution of an Order Form, registration, or use of the Platform) and remains in effect until the expiration or earlier termination of all applicable Subscription Terms, unless earlier terminated in accordance with this Section 10.
10.2 Termination or Suspension by LiveBarn. LiveBarn may, without prejudice to any other rights or remedies, immediately suspend or terminate Subscriber's access to the Platform upon written notice if: (a) Subscriber fails to pay any fees when due and such failure is not cured within ten (10) days of written notice; (b) Subscriber violates Section 4 (Acceptable Use) or Section 5.5 (Representations Regarding Submitted Data); (c) LiveBarn determines, in its reasonable discretion, that continued provision of the Platform poses a legal, regulatory, operational, or reputational risk to LiveBarn; or (d) LiveBarn discontinues the Platform in whole or in part.
10.3 No Unilateral Termination by Subscriber. Where Subscriber has entered into a fixed-term subscription pursuant to an Order Form or other written agreement with LiveBarn, Subscriber shall have no right to terminate this Agreement or cancel the applicable subscription prior to the end of the Subscription Term on the basis of an alleged breach, dispute, or dissatisfaction with the Platform. LiveBarn and Subscriber agree to work cooperatively and in good faith to resolve any issues, disputes, or concerns that arise during the Subscription Term. Self-serve or month-to-month subscribers may cancel their subscription at any time through the online cancellation process available on the LiveBarn Analytics platform, subject to the non-refund provisions of Section 9.2.
10.4 Effect of Termination. Upon expiration or termination of this Agreement or a Subscription Term for any reason: (a) the rights granted to Subscriber under this Agreement with respect to the affected Subscription Term shall immediately cease; (b) Subscriber shall immediately discontinue all use of the Platform; and (c) all accrued and unpaid fees and payment obligations shall become immediately due and payable. LiveBarn may, but is not obligated to, retain Organization Data for up to sixty (60) days following termination, after which LiveBarn may delete such data without notice or liability. Subscriber is solely responsible for exporting or retaining copies of Organization Data prior to termination.
10.5 Survival. Sections 1, 5.3, 5.4, 7, 8, 9, 10.4, 10.5, 12, 13, 14, and 15 shall survive the expiration or termination of this Agreement.
11.1 Subscriber Warranties. Subscriber represents and warrants that: (a) it has the full right, power, and authority to enter into and perform its obligations under this Agreement; (b) this Agreement constitutes a valid, binding, and enforceable obligation of Subscriber; and (c) Subscriber's use of the Platform will comply with all applicable laws and regulations.
11.2 DISCLAIMER OF WARRANTIES. THE PLATFORM IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, LIVEBARN EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, DATA ACCURACY, SYSTEM AVAILABILITY, OR UNINTERRUPTED OR ERROR-FREE OPERATION. LIVEBARN DOES NOT WARRANT THAT THE PLATFORM WILL MEET SUBSCRIBER'S REQUIREMENTS, THAT DEFECTS WILL BE CORRECTED, OR THAT THE PLATFORM IS FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS.
11.3 NO GUARANTEE OF OUTCOMES. LIVEBARN MAKES NO WARRANTY OR REPRESENTATION REGARDING PLAYER DEVELOPMENT OR IMPROVEMENT, RECRUITING OR SCOUTING OUTCOMES, TEAM PERFORMANCE OR SUCCESS, RANKINGS, RATINGS, OR ANY OTHER ATHLETIC OR BUSINESS RESULTS ARISING FROM USE OF THE PLATFORM OR RELIANCE ON ANY PLATFORM OUTPUT.
11.4 ANALYTICS OUTPUTS. ANALYTICS, REPORTS, METRICS, RANKINGS, AND OTHER OUTPUTS GENERATED BY THE PLATFORM ARE FOR INFORMATIONAL PURPOSES ONLY AND DO NOT CONSTITUTE PROFESSIONAL COACHING, SCOUTING, ATHLETIC TRAINING, OR OTHER EXPERT ADVICE. LIVEBARN DISCLAIMS ALL LIABILITY FOR DECISIONS MADE IN RELIANCE UPON PLATFORM OUTPUTS.
12.1 EXCLUSION OF CONSEQUENTIAL DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL LIVEBARN OR ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, OR SERVICE PROVIDERS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR DAMAGES FOR LOSS OF PROFITS, REVENUE, GOODWILL, BUSINESS OPPORTUNITY, DATA, OR USE, ARISING OUT OF OR RELATED TO THIS AGREEMENT OR THE PLATFORM, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE) AND EVEN IF LIVEBARN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
12.2 AGGREGATE LIABILITY CAP. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, LIVEBARN'S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT, THE PLATFORM, OR ANY ORDER FORM SHALL NOT EXCEED THE TOTAL FEES ACTUALLY PAID BY SUBSCRIBER TO LIVEBARN DURING THE TWELVE (12) CALENDAR MONTHS IMMEDIATELY PRECEDING THE EVENT OR CIRCUMSTANCES GIVING RISE TO THE CLAIM.
12.3 ESSENTIAL BASIS. SUBSCRIBER ACKNOWLEDGES THAT THE LIMITATIONS OF LIABILITY IN THIS SECTION 12 ARE AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN LIVEBARN AND SUBSCRIBER. LIVEBARN WOULD NOT HAVE ENTERED INTO THIS AGREEMENT ABSENT SUCH LIMITATIONS.
13.1 Indemnification by Subscriber. Subscriber shall defend, indemnify, and hold harmless LiveBarn and its affiliates, officers, directors, employees, agents, licensors, and service providers (collectively, "LiveBarn Indemnitees") from and against any and all claims, actions, suits, proceedings, losses, damages, liabilities, costs, and expenses (including reasonable legal fees) arising out of or related to: (a) Subscriber's or any Authorized User's use of or access to the Platform; (b) Organization Data, including any claim that Organization Data infringes or misappropriates any third-party intellectual property, privacy, or other rights; (c) Subscriber's breach of any representation, warranty, or obligation under this Agreement; (d) Subscriber's violation of any applicable law or regulation; or (e) any claim by a minor athlete's parent or guardian arising from Subscriber's submission of data relating to such minor to the Platform.
13.2 Indemnification Procedure. LiveBarn shall: (a) promptly notify Subscriber in writing of any claim for which indemnification is sought (provided that failure to provide timely notice shall not relieve Subscriber of its indemnification obligations except to the extent Subscriber is materially prejudiced by such failure); (b) grant Subscriber sole control of the defense and settlement of the claim, provided that LiveBarn may participate at its own expense with counsel of its choice; and (c) provide Subscriber with reasonable cooperation and assistance in connection with the defense. Subscriber shall not settle any claim in a manner that imposes any obligation, restriction, or liability on any LiveBarn Indemnitee without LiveBarn's prior written consent.
14.1 LiveBarn Reference Rights. Unless Subscriber notifies LiveBarn in writing within thirty (30) days of execution of the applicable Order Form that it objects to such use, LiveBarn may identify Subscriber as a customer of LiveBarn Analytics and may use Subscriber's name and logo in customer lists, marketing materials, presentations, case studies, and press releases.
14.2 Subscriber Promotional Obligations. Unless otherwise agreed in writing, Subscriber agrees to promote LiveBarn Analytics as its official analytics provider for the duration of the applicable Subscription Term. Such promotion shall include, at minimum: (a) acknowledging LiveBarn Analytics on Subscriber's official social media accounts; and (b) if the subscription applies to a full organization, referencing LiveBarn Analytics as the organization's official analytics provider on the organization's website. Subscriber further agrees to participate in reasonable press release activity in connection with the launch or renewal of its subscription, subject to mutual approval of the content of any such press release.
15.1 LiveBarn collects and processes personal information in accordance with its Privacy Policy, available at livebarn.com (the "Privacy Policy"), which is incorporated by reference into this Agreement. By using the Platform, Subscriber acknowledges that it has read and understood the Privacy Policy.
15.2 To the extent that Subscriber submits personal information relating to individuals (including minor athletes) to the Platform, Subscriber represents and warrants that it has complied with all applicable privacy laws, including obtaining all required consents from the relevant individuals or their authorized representatives, prior to such submission.
16.1 This Agreement shall be governed by and construed in accordance with the laws of the Province of Ontario and the federal laws of Canada applicable therein, without regard to conflicts of law principles. The United Nations Convention on Contracts for the International Sale of Goods shall not apply to this Agreement.
16.2 Each party irrevocably submits to the exclusive jurisdiction of the courts of competent jurisdiction located in Toronto, Ontario, for the resolution of any dispute arising out of or related to this Agreement or the Platform. Each party waives any objection it may have to the laying of venue in such courts or that such courts are an inconvenient forum.
17.1 Entire Agreement. This Agreement, together with all applicable Order Forms and the Privacy Policy, constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior and contemporaneous understandings, negotiations, representations, and agreements, whether written or oral, relating thereto.
17.2 Amendments. LiveBarn reserves the right to modify this Agreement at any time by posting a revised version on the LiveBarn Analytics website or by providing notice to Subscriber. Subscriber's continued use of the Platform following the effective date of any modification constitutes Subscriber's acceptance of the modified Agreement. If Subscriber objects to any modification, Subscriber's sole remedy is to discontinue use of the Platform and terminate this Agreement in accordance with Section 10.
17.3 Severability. If any provision of this Agreement is held by a court of competent jurisdiction to be invalid, illegal, or unenforceable, such provision shall be modified to the minimum extent necessary to make it enforceable, or if modification is not possible, severed from this Agreement, and the remaining provisions shall continue in full force and effect.
17.4 Waiver. The failure of either party to enforce any provision of this Agreement shall not constitute a waiver of that party's right to enforce such provision at any subsequent time, nor shall it constitute a waiver of any other provision of this Agreement.
17.5 Assignment. Subscriber may not assign, transfer, delegate, or otherwise dispose of this Agreement or any of its rights or obligations hereunder without LiveBarn's prior written consent. LiveBarn may freely assign this Agreement, including in connection with a merger, acquisition, corporate reorganization, or sale of all or substantially all of its assets. Any purported assignment in violation of this section is void. This Agreement shall be binding upon and inure to the benefit of the parties and their respective permitted successors and assigns.
17.6 Force Majeure. Neither party shall be liable to the other for any delay or failure to perform its obligations under this Agreement (other than payment obligations) to the extent such delay or failure is caused by circumstances beyond such party's reasonable control, including acts of God, natural disasters, pandemic, war, terrorism, labour disputes, or governmental action.
17.7 Notices. All notices required or permitted under this Agreement shall be in writing and shall be delivered by: (a) email to the address on file for the relevant party (with confirmation of receipt); (b) nationally recognized overnight courier; or (c) registered mail, return receipt requested. Notices to LiveBarn shall be addressed to legal@livebarn.com or to LiveBarn's registered address. Notices to Subscriber shall be addressed to the contact information provided at registration.
17.8 No Third-Party Beneficiaries. This Agreement is for the sole benefit of the parties and their respective permitted successors and assigns. Nothing in this Agreement, express or implied, is intended to or shall confer upon any other person or entity any legal or equitable right, benefit, or remedy under or by reason of this Agreement.
17.9 Relationship of the Parties. The parties are independent contractors. Nothing in this Agreement shall be construed to create a partnership, joint venture, agency, employment, or fiduciary relationship between the parties.
17.10 Language. This Agreement shall be interpreted and construed in the English language. Any translation of this Agreement provided for convenience shall have no legal effect.
By subscribing to LiveBarn Analytics, the Subscriber acknowledges and agrees that the Platform operates as a collaborative hockey analytics and benchmarking environment in which team, and player data may be shared among authorized subscribers. All statistics, analytics, performance metrics, video breakdowns, and related hockey data uploaded to or generated within the Platform may be viewable by other subscribers for purposes including player evaluation, team benchmarking, scouting, development, and comparative analysis. The Subscriber understands and accepts that participation in LiveBarn Analytics includes contributing to and benefiting from a shared data ecosystem, and therefore no expectation of exclusivity or confidentiality shall apply to standard hockey performance data and analytics made available through the Platform.
