TERMS OF USE

Last updated: 20 October 2025

Welcome to SportBrain. These Terms of Use explain how SportBrain works and what you agree to when you use our app, website, courses or assessments (together, “SportBrain”).

By using SportBrain, you confirm that you have read and accepted these Terms of Use and our Privacy Policy. If you do not agree, please do not use SportBrain.

Definitions

“Platform” – the SportBrain website, app and digital learning tools.

“Services” – the SportBrain mental skills assessments, courses, activities, performance tools and support.

“User” – any individual accessing or using the Platform.

“Personal Information” – information about an identifiable individual, as defined by the NZ Privacy Act 2020.

“Your Contributions” – content you enter into the Platform, including responses, reflections, goals or activity notes.

“Aggregated Data” – information combined with data from other users so that no individual can be identified.

“SportBrain”, “We”, “our”, “us” – SportBrain Limited.

1. What SportBrain Is

SportBrain gives athletes simple tools and learning activities to build mental skills for sport and everyday life. This includes short lessons, guided activities, wellbeing strategies, and performance planning tools.

SportBrain is not a clinical service.

SportBrain does not diagnose mental health disorders or provide treatment.

If you feel unsafe, overwhelmed, or need urgent help, contact a trusted adult, health professional or call 111 in New Zealand or the local emergency services number in your country.

2. What SportBrain Is Not

• SportBrain is not counselling, therapy, or medical advice.

• SportBrain cannot diagnose depression, anxiety or any mental health condition.

• Information in SportBrain is for general learning only.

• SportBrain does not replace advice from a doctor, psychologist, counsellor or coach.

If something worries you, or you feel unsure about your wellbeing, please talk to someone who can help.

3. Your Responsibility When Using SportBrain

You agree to use SportBrain safely and respectfully.

You must not:

• Upload harmful, threatening, or offensive content

• Try to break, misuse or interfere with the platform

• Copy, share, or publish SportBrain materials unless allowed in these Terms

• Attempt to access SportBrain in ways other than through our official app or website

• Use deep linking, scraping, bots, spiders or similar automated tools

• Try to reverse engineer, decompile or replicate the platform or any part of it

If SportBrain believes these Terms have been broken, we may pause or disable your access.

4. Your Account and Password

If you create an account:

• Keep your password private

• Do not share your login with anyone

• Contact us if you think someone has accessed your account without permission

We may disable an account if we believe it has been misused.

• 4.1 In order to procure Services on this Website and to use certain other parts of the System, you are required to create an Account which will contain certain personal details and Payment Information which may vary based upon your use of the Website as We may not require payment information until you wish to make a purchase. By continuing to use this Website you represent and warrant that:

• 4.1.1 all information you submit is accurate and truthful;

• 4.1.2 you have permission to submit Payment Information where permission may be required; and

• 4.1.3 you will keep this information accurate and up-to-date. Your creation of an Account is further affirmation of your representation and warranty.

• 4.2 It is recommended that you do not share your Account details, particularly your username and password. We accept no liability for any losses or damages incurred as a result of your Account details being shared by you. If you use a shared computer, it is recommended that you do not save your Account details in your internet browser.

• 4.3 If you have reason to believe that your Account details have been obtained by another person without consent, you should contact Us immediately to suspend your Account and cancel any unauthorised orders or payments that may be pending. Please be aware that orders or payments can only be cancelled up until provision of Services has commenced. In the event that an unauthorised provision commences prior to your notifying Us of the unauthorised nature of the order or payment then you shall be charged for the period from the commencement of the provision of services until the date you notified us and may be charged for a billing cycle of one month.

• 4.4 When choosing your username you are required to adhere to the terms set out above in Clause 9. Any failure to do so could result in the suspension and/or deletion of your Account.

5. Your Content (“Your Contributions”)

Using SportBrain means you may enter information, reflections, answers, goals, or activities (“Your Contributions”).

You own all intellectual property rights in Your Contributions.

By using SportBrain, you give us a perpetual, worldwide, royalty free licence to:

• store Your Contributions

• use them to deliver SportBrain to you

• create anonymised or aggregated reports

• improve and develop our tools

• make derivative works (such as general insights or learning improvements)

We will not share your identifiable personal information with clubs, coaches or third parties unless you choose to or it is allowed under our Privacy Policy.

6. SportBrain’s Intellectual Property

All intellectual property in the SportBrain platform, content, assessments, activities, graphics, branding, and software belongs to SportBrain Limited (or our licensors).

These rights include:

• all designs and artwork

• assessment questions and scoring models

• course content and activities

• platform features, videos, guides and tools

• trademarks, names and logos

You may use SportBrain for your own learning only.

You must not:

• copy, translate, or adapt SportBrain content

• create your own version of sport mental skills training using our materials

• publish or share SportBrain content publicly

• sell, rent, licence, or sub license any part of SportBrain

• use our name, trademarks or branding without permission

7. Availability and Support

We will do our best to keep SportBrain available and running smoothly.

However, we cannot promise that:

• SportBrain will always be available

• there will never be downtime, maintenance or technical issues

• the information in SportBrain will always be free from errors

If there is a technical problem, we will try to fix it as quickly as possible.

8. Limitation of Liability

When you use SportBrain, you agree that:

• You use SportBrain at your own risk

• We are not responsible for how you choose to use the content

• We are not responsible for any loss caused by technical issues, errors, or outages

• If, despite the above, we are found to have any liability to you, that liability is limited to a maximum of a total of $75 NZD

• This does not limit any rights you may have under New Zealand law where limitations are not allowed.

 9. Use of Communications Facilities

• 9.1 When using any System on the Website you should do so in accordance with the following rules. Failure to comply with these rules may result in your Account being suspended or closed:

• 9.1.1 You must not use obscene or vulgar language;

• 9.1.2 You must not submit Content that is unlawful or otherwise objectionable. This includes, but is not limited to, Content that is abusive, threatening, harassing, defamatory, ageist, sexist or racist;

• 9.1.3 You must not submit Content that is intended to promote or incite violence;

• 9.1.4 It is advised that submissions are made using the English language as We may be unable to respond to enquiries submitted in any other languages;

• 9.1.5 The means by which you identify yourself must not violate these Terms and Conditions or any applicable laws;

• 9.1.6 You must not impersonate other people, particularly employees and representatives of SportBrain Limited or Our affiliates; and

• 9.1.7 You must not use Our System for unauthorised mass-communication such as "spam" or "junk mail".

• 9.2 You acknowledge that SportBrain Limited reserves the right to monitor any and all communications made to Us or using Our System.

• 9.3 You acknowledge that SportBrain Limited may retain copies of any and all communications made to Us or using Our System.

• 9.4 You acknowledge that any information you send to Us through Our System may be modified by Us in any way and you hereby waive your moral right to be identified as the author of such information. Any restrictions you may wish to place upon Our use of such information must be communicated to Us in advance and We reserve the right to reject such terms and associated information.

10. Ending Your Use of SportBrain

You may stop using SportBrain at any time. You will still have access to your services up to the agreed end date of your subscription or service.

No refund will be given for the remaining period of the subscription term if cancelled by the user or if SportBrain Limited terminates the access due to the below reasons in clause 10.

We may suspend or terminate your access if:

• we believe you have broken these Terms

• the platform is being used in ways that could cause harm

• there are legal or security concerns

If your account is stopped, your data will be handled in line with our Privacy Policy.

11. Links to this Website

Those wishing to place a link to this Website on other sites may do so only to the home page of the site www.sportbrain.org without Our prior permission. Deep linking (i.e. links to specific pages within the site) requires Our express written permission. To find out more please contact us via our contact page.

12. Services, Pricing and Availability

• 12.1 Whilst every effort has been made to ensure that all general descriptions of Services available from SportBrain Limited correspond to the actual Services that will be provided to you, We are not responsible for any variations from these descriptions as the exact nature of the Services may vary depending on your individual requirements and circumstances. This does not exclude Our liability for mistakes due to negligence on Our part and refers only to variations of the correct Services, not different Services altogether. Please refer to sub-Clause 13.8 for incorrect Services.

• 12.2 Where appropriate, you may be required to select the required Plan of Services.

• 12.3 We neither represent nor warrant that such Services will be available at all times and cannot necessarily confirm availability until confirming your Order. Availability indications are not provided on the Website.

• 12.4 All pricing information on the Website is correct at the time of going online. We reserve the right to change prices and alter or remove any special offers from time to time and as necessary.

• 12.5 In the event that prices are changed during the period between an order being placed for Services and Us processing that order and taking payment, then the price that was valid at the time of the order shall be used.

13. Orders and Provision of Services

• 13.1 No part of this Website constitutes a contractual offer capable of acceptance. Your order constitutes a contractual offer that We may, at Our sole discretion, accept. Our acceptance is indicated by Us sending to you an order confirmation email. Only once We have sent you an order confirmation email will there be a binding contract between SportBrain Limited and you.

• 13.2 Order confirmations under sub-Clause 13.1 will be sent to you before the Services begin and shall contain the following information:

• 13.2.1 Confirmation of the Services ordered including full details of the main characteristics of those Services;

• 13.2.2 Fully itemised pricing for the Services ordered including, where appropriate, taxes, delivery and other additional charges;

• 13.2.3 Relevant times and dates for the provision of the Services;

• 13.2.4 User credentials and relevant information for accessing those services.

• 13.3 If We, for any reason, do not accept your order, no payment shall be taken under normal circumstances. In any event, any sums paid by you in relation to that order will be refunded within 14 calendar days.

• 13.4 Payment for the Services shall be taken via your chosen payment method, immediately for any setup fee that corresponds to the service plan you purchased and at the same day of each subsequent month (“billing cycle”) for charges accrued during the previous month (“billing cycle”) AND/OR as indicated in the order confirmation you received.

• 13.5 We aim to fulfill your Order within 2-3 working days or if not, within a reasonable period following your Order, unless there are exceptional circumstances. If we cannot fulfill your Order within a reasonable period, we will inform you at the time you place the Order by a note on the relevant web page or by contacting you directly after you place your Order. Time is not of the essence of the Contract, which means we will aim to fulfill your Order within any agreed timescales but this is not an essential term of the Contract and we will not be liable to you if we do not do so. If the Services are to begin within 14 calendar days of Our acceptance of your order, at your express request, you will be required to expressly acknowledge that your statutory cancellation rights, detailed below in Clause 14, will be affected.

• 13.6 SportBrain Limited shall use all Our reasonable endeavours to provide the Services with reasonable skill and care, commensurate with best trade practice.

• 13.7 In the event that Services are provided that are not in conformity with your order and thus incorrect, you should contact Us immediately to inform Us of the mistake. We will ensure that any necessary corrections are made within five (5) working days.

• Additional terms and conditions may apply to the provision of certain Services. You will be asked to read and confirm your acceptance of any such terms and conditions when completing your Order.

• 13.8 SportBrain Limited provides support via our online contact | support. SportBrain Limited makes every effort possible to respond in a timely manner but we do not guarantee a particular response time.

14. Changes to These Terms

We may update these Terms from time to time. Continued use means you accept any updated version.

15. Governing Law

These Terms are governed by New Zealand law.

Any disputes will be handled through the New Zealand courts.