Terms of Service

Effective Date: April 7, 2026 | Last Updated: April 7, 2026

1. Acceptance of Terms

These Terms of Service ("Terms") constitute a legally binding agreement between you and Axynra Inc. d/b/a CutoffIQ ("CutoffIQ," "we," "us," or "our") governing your access to and use of the CutoffIQ platform, including the website at cutoffiq.com, related subdomains, applications, and all associated services (collectively, the "Service").

By creating an account, accessing, or using the Service, you agree to be bound by these Terms, our Privacy Policy, and our Cookie Policy, which are incorporated herein by reference. If you do not agree to these Terms, you must not access or use the Service.

2. Eligibility

2.1 Age Requirements

• Users 18 and older: You represent that you are at least 18 years of age and have the legal capacity to enter into these Terms.
• Users 13–17: You may use the Service with the consent of a parent or legal guardian. Your parent or guardian must review and agree to these Terms on your behalf and assumes responsibility for your compliance.
• Users under 13 (Children): The Service is available to children under 13 only with verifiable parental consent as required by the Children's Online Privacy Protection Act (COPPA). A parent or legal guardian must create a parent account, provide verified consent, and manage the Child's account. See our Privacy Policy Section 4 for COPPA compliance details.

2.2 Account Registration

To use the Service, you must create an account. You agree to:

• Provide accurate, current, and complete registration information;
• Maintain and promptly update your account information;
• Maintain the confidentiality of your password and accept responsibility for all activity under your account;
• Notify us immediately at [email protected] if you suspect unauthorized access to your account.

We reserve the right to suspend or terminate accounts that contain inaccurate information or that violate these Terms.

3. Description of the Service

CutoffIQ is a progressive baseball education platform that teaches situational awareness, mental approach, in-game decision-making, and field-reading skills organized by competitive level (T-Ball through D1 College). The Service includes:

• Lesson Content: Concept explainers, interactive scenarios, drill descriptions, and quiz assessments;
• Progress System: Level progression, Baseball IQ scores (0–200), badges, and achievement tracking;
• Team Features: Coach-managed teams, player progress dashboards;
• Parent Monitoring: Child progress visibility for linked parent accounts;
• AI-Generated Content: Certain lesson materials are generated using artificial intelligence and reviewed for accuracy and age-appropriateness before publication.

4. User Roles and Responsibilities

4.1 Players

Players access educational content, complete lessons and quizzes, and progress through competitive levels. Players must use the Service in good faith and complete assessments honestly without external assistance unless the lesson design permits it.

4.2 Coaches

Coaches may create teams, invite players, assign lessons, and view team progress data. Coaches represent and warrant that they have appropriate authorization to manage the players on their team. Coaches must not share player performance data beyond what is necessary for coaching purposes.

4.3 Parents

Parents may link to their Child's account, view progress, and manage account settings including consent for children under 13. Parents are responsible for monitoring their Child's use of the Service and ensuring compliance with these Terms.

5. Acceptable Use

You agree not to:

1. Use the Service for any unlawful purpose or in violation of any applicable local, state, national, or international law;
2. Impersonate any person or entity, or falsely state or misrepresent your identity, age, or affiliation;
3. Share your account credentials with any other person or allow others to access the Service through your account;
4. Attempt to gain unauthorized access to any part of the Service, other accounts, computer systems, or networks connected to the Service;
5. Interfere with or disrupt the Service, servers, or networks, including through the use of bots, scrapers, or automated tools;
6. Reverse engineer, decompile, disassemble, or attempt to derive the source code of the Service;
7. Copy, reproduce, distribute, modify, or create derivative works of any content from the Service without our prior written consent;
8. Circumvent any access controls, level-gating mechanisms, or security features of the Service;
9. Use the Service to harvest or collect Personal Information of other Users;
10. Submit fraudulent quiz responses or manipulate IQ scores or progress data;
11. Upload or transmit viruses, malware, or any other harmful code;
12. Use the Service in any manner that could damage, disable, overburden, or impair the Service.

Violation of these restrictions may result in immediate suspension or termination of your account without notice.

6. Intellectual Property

6.1 CutoffIQ Content

All content on the Service, including but not limited to text, graphics, logos, icons, images, audio, video, software, field diagrams, lesson content, quiz questions, scenario designs, the IQ scoring algorithm, and AI-generated educational materials (collectively, "CutoffIQ Content"), is the exclusive property of Axynra Inc. or its licensors and is protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property laws.

6.2 Limited License

Subject to these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Service for your personal, non-commercial educational purposes. This license does not include the right to:

• Commercially exploit any CutoffIQ Content;
• Download or copy CutoffIQ Content except as incidental to normal use;
• Use CutoffIQ Content for training machine learning models or AI systems;
• Use data mining, robots, or similar data-gathering tools on the Service.

6.3 Trademarks

"CutoffIQ," the CutoffIQ logo (shield + crossed bats design), and all related names, logos, product and service names, designs, and slogans are trademarks of Axynra Inc.. You may not use these marks without our prior written permission.

6.4 User Content

The Service currently does not allow Users to upload or submit content (such as posts, comments, or media). If such features are introduced, supplementary terms governing user-generated content will be published.

7. AI-Generated Content

Certain educational materials within the Service are generated in whole or in part using artificial intelligence. You acknowledge that:

• AI-generated content is provided for educational purposes and may not be perfectly accurate in every instance;
• We review AI-generated content for quality, accuracy, and age-appropriateness, but do not guarantee it is free from errors;
• AI-generated content is owned by CutoffIQ and subject to the same intellectual property protections as all other CutoffIQ Content;
• The Service should not be relied upon as the sole source of baseball rules, techniques, or safety guidance.

8. Fees and Payments

The Service is currently offered free of charge. We reserve the right to introduce paid features, subscriptions, or premium tiers in the future. If we do:

• We will provide advance notice of pricing changes and allow you to cancel before charges apply;
• Paid features will be governed by supplementary payment terms published at that time;
• Free features available at the time of your account creation will remain accessible unless otherwise communicated with at least 30 days' notice.

9. Disclaimers

9.1 No Professional Coaching Advice

The Service provides educational content for informational purposes. CutoffIQ is not a substitute for professional baseball coaching, medical advice, athletic training, or physical instruction. Always consult qualified coaches and medical professionals regarding physical activity and athletic development.

9.2 "As Is" Provision

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

10. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL AXYNRA INC., ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AFFILIATES, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATED TO:

• YOUR ACCESS TO OR USE OF (OR INABILITY TO ACCESS OR USE) THE SERVICE;
• ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICE;
• ANY CONTENT OBTAINED FROM THE SERVICE, INCLUDING AI-GENERATED CONTENT;
• UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR DATA OR CONTENT;
• PHYSICAL INJURY RESULTING FROM DRILLS OR EXERCISES DESCRIBED IN THE SERVICE.

IN NO EVENT SHALL OUR TOTAL AGGREGATE LIABILITY EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID US IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM, OR (B) ONE HUNDRED DOLLARS ($100.00 USD).

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IN SUCH JURISDICTIONS, OUR LIABILITY SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.

11. Indemnification

You agree to indemnify, defend, and hold harmless Axynra Inc. and its officers, directors, employees, agents, and affiliates from and against any and all claims, damages, obligations, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising from:

• Your use of or access to the Service;
• Your violation of these Terms;
• Your violation of any third-party rights, including intellectual property or privacy rights;
• Any claim that your use of the Service caused damage to a third party.

This indemnification obligation will survive termination of these Terms and your use of the Service.

12. Termination

12.1 Termination by You

You may terminate your account at any time by contacting us at [email protected] or through the account settings page (when available). Upon termination, your right to use the Service ceases immediately.

12.2 Termination by Us

We may suspend or terminate your access to the Service at any time, with or without cause, with or without notice, including if we reasonably believe you have violated these Terms. For Children's accounts, we will notify the associated Parent of any termination.

12.3 Effect of Termination

Upon termination:

• Your license to use the Service is immediately revoked;
• We will retain and delete your data in accordance with our Privacy Policy data retention schedule;
• Sections 6 (Intellectual Property), 9 (Disclaimers), 10 (Limitation of Liability), 11 (Indemnification), 13 (Dispute Resolution), and 14 (General Provisions) survive termination.

13. Dispute Resolution

13.1 Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of Delaware, United States, without regard to its conflict of laws provisions.

13.2 Informal Resolution

Before initiating any formal dispute resolution proceedings, you agree to first contact us at [email protected] and attempt to resolve the dispute informally for at least 30 days.

13.3 Binding Arbitration

If informal resolution fails, any dispute, claim, or controversy arising out of or relating to these Terms or the Service shall be resolved by binding arbitration administered by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules. Arbitration shall take place in the State of Delaware or, at your election, via telephone or video conference.

13.4 Class Action Waiver

YOU AND CUTOFFIQ AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION. THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON'S CLAIMS AND MAY NOT PRESIDE OVER ANY FORM OF CLASS OR REPRESENTATIVE PROCEEDING.

13.5 Exceptions

Notwithstanding the above, either party may seek injunctive or other equitable relief in any court of competent jurisdiction to prevent the actual or threatened infringement of intellectual property rights. Additionally, disputes related to Children's privacy rights under COPPA are not subject to mandatory arbitration.

14. General Provisions

14.1 Entire Agreement

These Terms, together with the Privacy Policy and Cookie Policy, constitute the entire agreement between you and CutoffIQ regarding the Service and supersede all prior or contemporaneous agreements, representations, and understandings.

14.2 Severability

If any provision of these Terms is held to be invalid, illegal, or unenforceable, the remaining provisions shall continue in full force and effect.

14.3 Waiver

Our failure to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.

14.4 Assignment

You may not assign or transfer these Terms or your rights hereunder without our prior written consent. We may assign these Terms without restriction.

14.5 Force Majeure

We shall not be liable for any failure or delay in performance resulting from causes beyond our reasonable control, including but not limited to acts of God, natural disasters, pandemic, war, terrorism, riots, embargoes, acts of government, fire, flood, network infrastructure failures, or strikes.

14.6 Modifications to Terms

We reserve the right to modify these Terms at any time. When we make material changes, we will:

• Update the "Last Updated" date;
• Provide notice through the Service or via email;
• For accounts associated with Children, notify the Parent and obtain renewed acceptance where required.

Continued use of the Service after the effective date of updated Terms constitutes acceptance.

14.7 Modifications to Service

We reserve the right to modify, suspend, or discontinue the Service (or any part thereof) at any time, with or without notice. We shall not be liable to you or any third party for any modification, suspension, or discontinuation of the Service.

15. Contact Information

For questions about these Terms, contact us at: