Esports Performance Academy

Terms of Service

Version 1.0

Section 1 – Acceptance of Terms

These Terms of Service ("Terms") govern access to and use of the Services provided by Esports Performance Academy ("EPA"). By creating an Account, registering for, purchasing, accessing, continuing to use, or participating in the Services, you acknowledge that you have read, understood, and agree to be bound by these Terms and any policies or rules incorporated by reference.

If you do not agree to these Terms, you may not access or use the Services.

If you are under the age of 18, a parent or legal guardian must review and accept these Terms on your behalf where required by applicable law.

Section 2 – Definitions

Services

"Services" means the programs, competitions, coaching, software, educational content, certifications, camps, events, tournaments, websites, applications, and other products or services offered by EPA, including future offerings unless separate terms expressly provide otherwise.

Participant

"Participant" means any individual who creates an account, registers for, accesses, attends, or participates in any EPA Services.

Account

"Account" means a Participant's registered account used to access or participate in the Services.

EPA Materials

"EPA Materials" means the proprietary educational, technological, branding, operational, and other materials developed, owned, licensed, or provided by EPA in connection with the Services, including curricula, coaching methodologies, certifications, educational resources, software, platforms, analytics, reports, documentation, broadcasts, branding, trademarks, and other proprietary content or resources.

Confidential EPA Materials

"Confidential EPA Materials" means EPA Materials that are not intentionally made available to the public and that EPA reasonably considers proprietary or confidential, including internal educational resources, coaching sessions, certifications, operational documentation, business information, and other non-public materials provided through the Services.

User Content

"User Content" means any content, information, communications, media, gameplay footage, images, videos, audio, text, or other materials submitted, uploaded, posted, transmitted, or otherwise provided by a Participant through the Services.

Minor

"Minor" means a Participant who has not reached the age of majority under the laws of their applicable jurisdiction.

Section 3 – Eligibility & Accounts

3.1 Eligibility

Participants must be legally capable of accepting these Terms or have a parent or legal guardian accept these Terms on their behalf where required by applicable law. EPA may establish additional eligibility requirements for specific Services, including age restrictions, residency requirements, skill divisions, or other participation criteria.

3.2 Account Responsibility

Participants are responsible for maintaining the confidentiality of their Account credentials and for all activities that occur under their Account. Participants must promptly notify EPA of any unauthorized access to or suspected compromise of their Account.

3.3 Accurate Information

Participants agree to provide accurate, current, and complete information when creating or maintaining an Account and to promptly update such information as necessary. Participants may not knowingly provide false or misleading information in connection with the Services.

3.4 One Account Per Participant

Unless expressly authorized by EPA, Participants may not create multiple Accounts, share Accounts with another person, or use another person's Account to access the Services.

Section 4 – Scope of Services

4.1 Services

EPA provides education, coaching, competitive, and technology-based Services designed to support esports participation, player development, certifications, events, and related activities. The specific features, programs, and availability of the Services may vary by offering.

4.2 Modification of Services

EPA may modify, expand, suspend, discontinue, or replace any portion of the Services at any time, with or without notice, including features, programs, events, educational content, or technology platforms. EPA will make reasonable efforts to provide notice when material changes are expected to significantly affect Participants.

4.3 No Guarantee of Availability

EPA strives to provide reliable Services but does not guarantee that any Service, feature, event, platform, or technology will be available at all times or without interruption. Temporary interruptions may occur due to maintenance, technical issues, third-party services, security measures, or circumstances beyond EPA's reasonable control.

Section 5 – Intellectual Property

5.1 Ownership

EPA retains all right, title, and interest in and to the Services and all EPA Materials. Participation in the Services does not transfer ownership of any EPA Materials or grant any rights except those expressly provided in these Terms.

Unless otherwise stated, all educational content, instructional resources, coaching methodologies, certifications, software, platforms, documentation, branding, trademarks, broadcasts, analytics, reports, and other EPA Materials remain the exclusive property of EPA or its licensors.

Nothing in these Terms limits EPA's ability to improve, modify, expand, replace, or discontinue any EPA Materials or Services. All updates, enhancements, and future developments remain the property of EPA unless otherwise expressly agreed in writing.

These Terms do not grant EPA ownership of third-party intellectual property or limit the rights of third-party owners whose content or services may be used in connection with the Services.

5.2 Limited License

Subject to these Terms, EPA grants Participants a limited, non-exclusive, non-transferable, non-sublicensable, and revocable license to access and use the Services and EPA Materials solely in connection with the Services and for no other purpose.

This license does not permit Participants to reproduce, distribute, modify, create derivative works from, commercially exploit, or otherwise use EPA Materials except as expressly authorized by EPA or these Terms.

5.3 Educational Methodology

EPA's coaching methodologies, instructional frameworks, educational processes, certification systems, training techniques, and other educational approaches incorporated into the Services are proprietary EPA Materials and are protected by applicable intellectual property and other laws.

Except as expressly authorized by EPA, Participants may not reproduce, teach, distribute, commercialize, or otherwise use EPA's educational methodologies or instructional systems outside the Services, regardless of the medium in which they are presented.

5.4 Confidential Information

Participants who access Confidential EPA Materials agree to use reasonable care to maintain their confidentiality and not disclose, distribute, publish, or otherwise make them available to any third party except as expressly authorized by EPA or required by law.

The obligations in this Section do not apply to information that becomes publicly available through no wrongful act of the Participant or that is lawfully obtained from an independent third-party source.

5.5 Restrictions

Participants may not use the Services or EPA Materials in violation of these Terms or applicable law. Without limiting the foregoing, Participants may not:

  • Copy, reproduce, distribute, publish, sell, license, or otherwise exploit EPA Materials except as expressly authorized by EPA or these Terms.
  • Remove, alter, or obscure any copyright, trademark, proprietary notice, or other ownership designation contained in EPA Materials.
  • Interfere with, disrupt, circumvent, or attempt to gain unauthorized access to any portion of the Services, accounts, systems, networks, or security measures.
  • Use the Services in a manner intended to damage, impair, or interfere with EPA's operations or the experience of other Participants.
  • Impersonate another person or entity, provide materially false information, share accounts in violation of EPA policies, or otherwise misrepresent identity, affiliation, or authorization.
  • Circumvent or attempt to circumvent suspensions, restrictions, or other enforcement actions imposed by EPA.
  • Use the Services to engage in unlawful conduct, harassment, threats, intimidation, discrimination, or other behavior that is inconsistent with maintaining a safe, educational, or competitive environment.
  • Use EPA Materials, branding, or the Services to create, promote, operate, or support competing products or services, or otherwise commercially exploit EPA Materials without EPA's prior written authorization.

5.6 Brand Protection

The EPA name, EPA League name, logos, trademarks, service marks, trade dress, and other brand identifiers are the property of EPA or its licensors. Except as expressly authorized by EPA, Participants may not use, reproduce, display, modify, or otherwise use EPA's branding in a manner that is likely to cause confusion regarding sponsorship, endorsement, affiliation, or association.

5.7 Reservation of Rights

Except for the limited rights expressly granted under these Terms, EPA reserves all rights, title, and interests in and to the Services and EPA Materials. No rights or licenses are granted by implication, estoppel, or otherwise.

5.8 Feedback

If a Participant provides EPA with any suggestions, ideas, comments, feedback, feature requests, bug reports, or other recommendations regarding the Services, whether through Pulse, Discord, surveys, email, support channels, or any other means, the Participant grants EPA the unrestricted right to use, modify, implement, publish, and otherwise incorporate such feedback into the Services without compensation, attribution, or further permission.

Section 6 – Recording, Media & User Content

6.1 User Content

Participants retain ownership of their User Content. Nothing in these Terms transfers ownership of User Content to EPA.

Participants are solely responsible for the User Content they submit through the Services and represent that they have the necessary rights, permissions, and authority to provide such User Content.

6.2 License to EPA

By submitting User Content through the Services, Participants grant EPA a non-exclusive, worldwide, royalty-free license to use, reproduce, store, modify, display, distribute, publish, and otherwise use such User Content as reasonably necessary to operate, improve, administer, promote, and provide the Services.

This license continues only for as long as reasonably necessary for the purposes described in these Terms, unless applicable law requires a longer retention period.

6.3 Recording & Media

Participation in the Services may involve photography, audio recording, video recording, livestreaming, broadcasting, interviews, or other media collection.

By participating in the Services, Participants grant EPA permission to record, use, reproduce, publish, distribute, display, and otherwise use their name, gamertag, voice, likeness, gameplay, competition results, and other participation-related media in connection with operating, documenting, celebrating, promoting, and improving the Services.

6.4 Public Communications

User Content submitted to public or shared areas of the Services, including community platforms such as Discord, may be visible to other Participants. Participants should not submit information they intend to remain private in publicly accessible areas of the Services.

6.5 Removal of Content

EPA may remove, restrict access to, or decline to publish User Content that violates these Terms, applicable law, or is inconsistent with maintaining a safe, educational, or competitive environment.

6.6 Retention of Content

EPA is not obligated to retain, maintain, publish, or make available any User Content or recordings for any specific period unless otherwise required by law.

Section 7 – Participant Conduct

7.1 Compliance with Rules

Participants agree to comply with these Terms, any applicable league or event rules, community guidelines, and other policies that EPA may establish for specific Services.

7.2 Respectful Conduct

Participants are expected to conduct themselves in a respectful, honest, and sportsmanlike manner while participating in the Services. Conduct that undermines the safety, integrity, educational mission, or competitive environment of the Services may result in action under these Terms.

7.3 Compliance with Applicable Laws

Participants may not use the Services for any unlawful purpose or in violation of any applicable law, regulation, or third-party rights.

7.4 Reporting Concerns

Participants are encouraged to promptly report suspected rule violations, safety concerns, misconduct, security issues, or other matters affecting the Services through the appropriate EPA reporting channels.

Section 8 – Communications

8.1 Service Communications

By creating an Account or participating in the Services, Participants consent to receive communications from EPA regarding their Account, participation, events, scheduling, updates, security, support, and other matters related to the Services.

8.2 Electronic Communications

Participants agree that EPA may provide notices, disclosures, agreements, and other communications electronically, including through email, the Services, Discord, or other communication methods used in connection with the Services.

8.3 Contact Information

Participants are responsible for maintaining current and accurate contact information. EPA is not responsible for missed communications resulting from outdated or inaccurate contact information provided by a Participant.

Section 9 – Third-Party Services

The Services may include or rely upon third-party websites, software, platforms, products, or services, including communication platforms, payment processors, game publishers, tournament platforms, streaming services, or other providers. EPA does not own or control these third-party services.

Participant use of third-party services may be subject to the separate terms, conditions, and privacy policies of those third parties. Participants are responsible for reviewing and complying with any applicable third-party terms.

EPA is not responsible for the availability, performance, security, or functionality of third-party services and is not liable for interruptions, changes, or discontinuation of services provided by third parties that may affect the Services.

References to, integrations with, or links to third-party services do not constitute EPA's endorsement of those third parties or their products or services unless expressly stated by EPA.

Section 10 – Privacy

10.1 Privacy Policy

EPA's collection, use, storage, disclosure, and protection of personal information is governed by EPA's Privacy Policy, which is incorporated into these Terms by reference.

10.2 Consent to Data Processing

By using the Services, Participants acknowledge that EPA may collect, use, process, store, and disclose information as described in the Privacy Policy and as reasonably necessary to operate, administer, improve, protect, and provide the Services.

10.3 Protection of Information

EPA implements reasonable administrative, technical, and organizational measures designed to protect personal information. However, no method of electronic transmission or storage is completely secure, and EPA cannot guarantee absolute security.

10.4 Children's Privacy

When required by applicable law, EPA will obtain appropriate parental or guardian consent before collecting personal information from Minors. Parents and legal guardians may contact EPA regarding questions about a Minor's personal information or applicable privacy rights.

Section 11 – Suspension & Termination

11.1 Suspension or Termination by EPA

EPA may suspend, restrict, or terminate a Participant's access to some or all of the Services if EPA reasonably determines that the Participant has violated these Terms, applicable policies or rules, applicable law, or engaged in conduct that threatens the safety, integrity, educational mission, or competitive environment of the Services.

11.2 Effect of Suspension or Termination

Upon suspension or termination, the Participant's right to access or use the affected Services immediately ends to the extent determined by EPA. Suspension or termination does not relieve a Participant of obligations that accrued before the effective date of the suspension or termination.

11.3 Participant Discontinuation

Participants may stop using the Services at any time. Where applicable, Participants may also close their Account or discontinue participation in accordance with any procedures established for the applicable Service.

11.4 Survival

Any provisions of these Terms that by their nature should survive suspension or termination, including provisions relating to intellectual property, confidentiality, user licenses, limitation of liability, dispute resolution, and any accrued rights or obligations, will remain in effect following suspension or termination.

Section 12 – Disclaimers & Limitation of Liability

12.1 Services Provided "As Is"

Except as expressly stated by EPA, the Services are provided on an "as is" and "as available" basis. EPA makes no warranty or guarantee that the Services will be uninterrupted, error-free, secure, or suitable for every Participant's particular needs or objectives.

12.2 No Guarantee of Results

EPA provides educational, coaching, competitive, and technology-based Services designed to support participant development. However, EPA does not guarantee any specific educational, competitive, personal, academic, professional, financial, scholarship, collegiate, or esports-related outcome or achievement.

12.3 Assumption of Risk

Participation in esports, educational activities, online services, competitions, and related programs involves inherent risks, including technical issues, communication failures, scheduling changes, and other circumstances beyond EPA's reasonable control. Participants voluntarily assume those inherent risks associated with participation in the Services.

12.4 Limitation of Liability

To the fullest extent permitted by applicable law, EPA and its officers, directors, employees, coaches, contractors, volunteers, affiliates, licensors, and partners will not be liable for any indirect, incidental, consequential, special, exemplary, or punitive damages arising out of or relating to the Services or these Terms.

To the fullest extent permitted by applicable law, EPA's total liability for any claim arising out of or relating to the Services or these Terms will not exceed the amount paid by the Participant to EPA for the applicable Service giving rise to the claim during the twelve (12) months immediately preceding the event giving rise to the claim.

12.5 Applicable Law

Nothing in these Terms limits or excludes any rights or remedies that cannot be limited or excluded under applicable law.

Section 13 – General Legal

13.1 Changes to These Terms

EPA may update these Terms from time to time to reflect changes in the Services, applicable law, or business operations. Material changes will become effective upon the date specified by EPA or, if no date is specified, when the updated Terms are published. Continued use of the Services after the effective date constitutes acceptance of the updated Terms.

13.2 Severability

If any provision of these Terms is determined to be invalid, illegal, or unenforceable, the remaining provisions will remain in full force and effect to the fullest extent permitted by applicable law.

13.3 No Waiver

EPA's failure to enforce any provision of these Terms does not waive its right to enforce that provision or any other provision in the future.

13.4 Assignment

Participants may not assign or transfer their rights or obligations under these Terms without EPA's prior written consent. EPA may assign or transfer these Terms in connection with a merger, acquisition, corporate reorganization, sale of assets, or other business transaction, or as otherwise permitted by applicable law.

13.5 Entire Agreement

These Terms, together with any policies, rules, or agreements expressly incorporated by reference, constitute the entire agreement between EPA and the Participant regarding the Services and supersede any prior or contemporaneous understandings relating to the same subject matter.

13.6 Governing Law

These Terms are governed by the laws of the State of Texas, without regard to its conflict of law principles, except where applicable law requires otherwise.

13.7 Indemnification

To the fullest extent permitted by applicable law, you (and, where applicable, your parent or legal guardian acting on your behalf) agree to defend, indemnify, and hold harmless EPA, its affiliates, officers, directors, employees, coaches, contractors, volunteers, licensors, partners, and representatives from and against any claims, damages, liabilities, losses, costs, and expenses (including reasonable attorneys' fees) arising out of or relating to:

  • your violation of these Terms;
  • your violation of applicable law or the rights of any third party;
  • User Content or other materials you submit, upload, or share through the Services; or
  • your misuse of the Services or participation in activities that are inconsistent with these Terms.

This obligation applies only to the extent that a claim results from your own actions or omissions and does not require you to indemnify EPA for claims arising from EPA's own negligence, willful misconduct, or violation of applicable law.