Terms of Service

1. Acceptance of Terms

By creating an account, accessing, or using VirtuTest, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy. These Terms constitute a legally binding agreement between you ("User," "you," or "your") and VirtuTest ("Company," "we," "us," or "our"). If you are using the Service on behalf of an organization, you represent and warrant that you have the authority to bind that organization to these Terms.

2. Description of Service

VirtuTest is a platform that facilitates virtual figure skating test submissions, reviews, and administration. The Service allows skaters to submit video recordings and required documentation, enables judges to review and score submissions, and assists club administrators in managing the testing process. The Service is intended to complement, not replace, official U.S. Figure Skating testing procedures.

3. Eligibility

You must be at least 13 years of age to use the Service. If you are under 18 years of age, you represent that your parent or legal guardian has reviewed and agreed to these Terms on your behalf. By using the Service, you represent and warrant that you have the legal capacity to enter into this agreement.

4. User Accounts

To access certain features of the Service, you must create an account. You agree to provide accurate, current, and complete information during registration and to update such information to keep it accurate, current, and complete. You are solely responsible for safeguarding your account credentials and for all activities that occur under your account. You agree to notify us immediately of any unauthorized use of your account.

5. License and Access

Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Service for its intended purpose. This license does not include the right to: (a) modify, copy, or create derivative works based on the Service; (b) reverse engineer, decompile, or disassemble any portion of the Service; (c) remove any proprietary notices or labels on the Service; (d) use any automated means to access the Service; or (e) sublicense, resell, or redistribute the Service.

6. User Content and Responsibilities

You are solely responsible for all content you submit, upload, or transmit through the Service, including but not limited to video recordings, forms, documents, and personal information ("User Content"). You represent and warrant that:

• You own or have the necessary rights to submit User Content;
• User Content is accurate and not misleading;
• User Content does not violate any applicable law or regulation;
• User Content does not infringe upon the intellectual property, privacy, or other rights of any third party;
• You have obtained all necessary consents from individuals appearing in video recordings.

7. Prohibited Conduct

You agree not to:

• Use the Service for any unlawful purpose or in violation of these Terms;
• Submit false, misleading, or fraudulent information;
• Impersonate any person or entity or misrepresent your affiliation;
• Interfere with or disrupt the Service or servers or networks connected to the Service;
• Attempt to gain unauthorized access to any portion of the Service;
• Use the Service to transmit malware, viruses, or other malicious code;
• Harass, abuse, or harm other users;
• Use the Service in any manner that could damage, disable, or impair the Service.

8. Intellectual Property

The Service, including all content, features, and functionality (excluding User Content), is owned by VirtuTest and is protected by copyright, trademark, and other intellectual property laws. Our trademarks and trade dress may not be used without our prior written consent. You retain ownership of your User Content, but by submitting User Content, you grant us a non-exclusive, worldwide, royalty-free license to use, reproduce, and display such content solely for the purpose of operating and providing the Service.

9. Anonymized Data and Service Improvement

You acknowledge and agree that we may collect, aggregate, and anonymize data derived from your use of the Service ("Anonymized Data"). Anonymized Data is data that has been processed to remove or obscure any personally identifiable information such that it cannot reasonably be used to identify you or any individual. We may use Anonymized Data for any lawful purpose, including but not limited to: analyzing usage patterns, improving and optimizing the Service, developing new features and services, conducting research, and training machine learning models or algorithms to enhance platform functionality. You understand that Anonymized Data is not subject to the restrictions applicable to personal information, and we retain all rights in Anonymized Data.

10. Third-Party Services

The Service may contain links to or integrate with third-party websites, services, or applications, including but not limited to U.S. Figure Skating systems. We are not responsible for the content, privacy policies, or practices of any third-party services. Your interactions with third-party services are governed solely by the terms and policies of those third parties.

11. Fees and Payment

Certain features of the Service may require payment of fees. All fees are stated in U.S. dollars and are non-refundable except as expressly provided herein or as required by applicable law. We reserve the right to change our fees at any time upon reasonable notice. You are responsible for paying all applicable taxes associated with your use of the Service.

12. Disclaimer of Warranties

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. WE MAKE NO WARRANTY REGARDING THE ACCURACY, RELIABILITY, OR COMPLETENESS OF ANY CONTENT OR INFORMATION PROVIDED THROUGH THE SERVICE. YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK.

13. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL VIRTUTEST, ITS AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF OR INABILITY TO USE THE SERVICE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

14. Indemnification

You agree to indemnify, defend, and hold harmless VirtuTest and its affiliates, directors, officers, employees, agents, and licensors from and against any and all claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising out of or in any way connected with: (a) your access to or use of the Service; (b) your User Content; (c) your violation of these Terms; or (d) your violation of any rights of any third party.

15. Termination

We may suspend or terminate your access to the Service at any time, with or without cause or notice, in our sole discretion. Upon termination, your right to use the Service will immediately cease. Provisions of these Terms that by their nature should survive termination shall survive, including but not limited to ownership provisions, warranty disclaimers, indemnification, and limitations of liability.

16. Dispute Resolution

Any dispute arising out of or relating to these Terms or the Service shall first be attempted to be resolved through good-faith negotiation. If the dispute cannot be resolved through negotiation within thirty (30) days, either party may pursue resolution through binding arbitration administered in accordance with the rules of the American Arbitration Association. The arbitration shall be conducted in the English language in the State of [Your State]. Each party shall bear its own costs and attorneys' fees. YOU AGREE TO WAIVE ANY RIGHT TO A JURY TRIAL AND TO PARTICIPATE IN A CLASS ACTION.

17. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the United States and the State of [Your State], without regard to its conflict of law principles. Any legal action or proceeding arising under these Terms shall be brought exclusively in the federal or state courts located in [Your State], and the parties hereby consent to personal jurisdiction and venue therein.

18. Modifications to Terms

We reserve the right to modify these Terms at any time in our sole discretion. If we make material changes, we will notify you by updating the "Last updated" date at the top of these Terms and, where appropriate, provide additional notice via email or through the Service. Your continued use of the Service after any modifications constitutes your acceptance of the revised Terms. If you do not agree to the modified Terms, you must discontinue use of the Service.

19. 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. The invalid or unenforceable provision shall be modified to the minimum extent necessary to make it valid and enforceable while preserving the parties' original intent.

20. Entire Agreement

These Terms, together with our Privacy Policy and any other agreements expressly incorporated by reference herein, constitute the entire agreement between you and VirtuTest concerning the Service and supersede all prior or contemporaneous communications, proposals, and agreements, whether oral or written, between you and us regarding the Service.

21. Contact Information

If you have any questions about these Terms, please contact us at: legal@virtutest.org