ActionSticks™ Product Terms of Use, Safety Rules, Prototype Acknowledgment, Privacy Notice, Warranty Disclaimer, Limitation of Liability, and Intellectual Property Agreement

1. Definitions

"ActionSticks™" includes products, prototypes, anchors, silicone markers, removal tabs, instructional materials, videos, software, websites, and mobile applications.

"Prototype Product" means any developmental, beta, test, or pre-production version of the product.

"User" includes purchasers, participants, players, coaches, trainers, parents, and organizations.

"Authorized Use" means the temporary installation and use of ActionSticks™ on natural grass playing surfaces solely for soccer training activities, following PlayTech360's instructions.

2. Product Description

User acknowledges that the product currently consists of:

• A ground anchor approximately 2.5 inches in length;
• A removable silicone marker;
• A removal tab, ring, or pull device;
• Associated instructional materials.

User understands that the anchor contains a pointed end intended for insertion into natural grass playing surfaces and may contain minor manufacturing variances, particularly in prototype or 3D-printed products.

3. Authorized Use

ActionSticks™ is intended solely as a soccer training aid. Authorized Use is limited to temporary installation on natural grass playing surfaces for soccer training activities. Any use outside Authorized Use is prohibited.

Without limitation, ActionSticks™ shall not be used on:

• Artificial turf;
• Synthetic turf;
• Indoor playing surfaces;
• Gymnasium floors;
• Tracks;
• Concrete;
• Asphalt;
• Hard-packed surfaces;
• Specialty turf systems;
• Golf greens;
• Any surface where insertion may cause damage.

User assumes all responsibility for determining whether a playing surface is suitable for use.

4. Installation, Removal, and Storage Requirements

ActionSticks™ products are temporary training aids and are not intended to remain installed between training sessions.

User agrees that:

• ActionSticks™ shall be installed only during active training activities;
• All components shall be removed immediately upon completion of training;
• No component shall be left unattended, partially installed, or permanently installed;
• Products shall be safely stored when not in use.

User acknowledges that failure to remove ActionSticks™ may create hazards including:

• Trip-and-fall hazards;
• Hazards to players, coaches, spectators, and bystanders;
• Hazards to lawn care personnel;
• Damage to mowing equipment;
• Damage to landscaping equipment;
• Damage to playing surfaces;
• Damage to irrigation systems;
• Damage to underground utilities.

5. Supervision Requirements

ActionSticks™ is not a toy. Minors shall use ActionSticks™ only under the supervision of a responsible adult. User shall not permit use of ActionSticks™ in any manner inconsistent with PlayTech360's instructions or intended use.

6. Product Safety Rules

User agrees that ActionSticks™ shall not be:

• Thrown;
• Used as a weapon;
• Used to strike any person or animal;
• Used in horseplay;
• Used in mock combat;
• Used as a drinking straw;
• Placed in the mouth;
• Inserted into the nose, ears, eyes, or any body opening;
• Modified, sharpened, altered, or adapted for any purpose other than Authorized Use.

User acknowledges that misuse may result in puncture wounds, cuts, abrasions, choking hazards, eye injuries, serious bodily injury, or death.

7. Property Damage Acknowledgment

User acknowledges that improper use may result in property damage, including:

• Damage to artificial turf systems;
• Damage to turf backing systems;
• Voided turf warranties;
• Damage to irrigation systems;
• Damage to subsurface infrastructure;
• Damage to maintenance equipment.

User assumes all responsibility for such damage.

8. Prototype Product Acknowledgment

User acknowledges that certain ActionSticks™ products may be Prototype Products. Prototype Products:

• May contain defects;
• May differ from future commercial versions;
• May fail unexpectedly;
• May be modified without notice;
• May be discontinued without notice.

Prototype Products are provided for evaluation and training purposes. PlayTech360 Inc. retains the right, but not the obligation, to replace, modify, update, exchange, repair, recall, or request return of Prototype Products. User agrees to reasonably cooperate with such requests.

9. Patent Pending Notice

User acknowledges that one or more aspects of ActionSticks™ may be the subject of pending patent applications and other intellectual property rights. Nothing in this Agreement grants any ownership interest in such intellectual property.

10. Intellectual Property Restrictions

All rights, title, and interest in ActionSticks™ remain the exclusive property of PlayTech360. User shall not:

• Reverse engineer;
• Decompile;
• Disassemble;
• Copy;
• Replicate;
• Manufacture;
• Commercialize;
• Create derivative products;
• Assist third parties in creating competing products;
• Use ActionSticks™ designs, dimensions, methods, configurations, instructional systems, videos, exercises, or proprietary concepts for commercial purposes without written permission.

11. Feedback Assignment

Any feedback, suggestions, recommendations, improvements, ideas, comments, evaluations, observations, or proposals provided by User regarding ActionSticks™ shall become the exclusive property of PlayTech360 without compensation.

12. Privacy Notice

PlayTech360 may collect:

• Name;
• Address;
• Telephone number;
• Email address;
• Age;
• Gender;
• Registration information;
• Purchase information;
• Product feedback;
• Photographs and video recordings.

PlayTech360 may use such information to:

• Operate camps and events;
• Provide products and services;
• Improve products;
• Conduct product development;
• Provide customer support;
• Communicate with users;
• Conduct marketing activities;
• Comply with legal obligations.

PlayTech360 may share information with:

• Payment processors;
• Technology providers;
• Manufacturers;
• Distributors;
• Marketing partners;
• Camp operators;
• Service providers;
• Governmental authorities when required by law.

PlayTech360 does not sell personal information for monetary compensation.

13. Refund Policy

Unless otherwise stated in writing:

• Physical ActionSticks™ products may be returned within thirty (30) days of purchase for a full refund;
• Returned products must be returned to PlayTech360 in reasonably complete condition;
• Shipping costs may be excluded from refunds unless otherwise required by law.

Prototype Products distributed without charge are not eligible for refunds.

14. Assumption of Risk

USER KNOWINGLY AND VOLUNTARILY ASSUMES ALL RISKS ARISING FROM POSSESSION, INSTALLATION, REMOVAL, STORAGE, TRANSPORTATION, EVALUATION, AND USE OF ACTIONSTICKS™ PRODUCTS.

15. No Warranty

ACTIONSTICKS™ IS PROVIDED "AS IS," "WITH ALL FAULTS," AND WITHOUT WARRANTIES OF ANY KIND.

PLAYTECH360 DISCLAIMS ALL EXPRESS, IMPLIED, STATUTORY, AND OTHER WARRANTIES INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, PERFORMANCE, QUALITY, AND SAFETY.

16. Release of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, USER RELEASES PLAYTECH360 INC., ITS OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, VOLUNTEERS, AFFILIATES, SUCCESSORS, AND ASSIGNS FROM ANY CLAIM ARISING OUT OF OR RELATING TO ACTIONSTICKS™.

Nothing herein shall release liability for gross negligence or willful misconduct where such release is prohibited by law.

17. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, PLAYTECH360'S TOTAL LIABILITY ARISING OUT OF OR RELATING TO ACTIONSTICKS™ SHALL NOT EXCEED THE GREATER OF (A) THE AMOUNT PAID FOR THE PRODUCT OR (B) $100.00. PLAYTECH360 SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, CONSEQUENTIAL, OR PUNITIVE DAMAGES.

18. Indemnification

User agrees to defend, indemnify, and hold harmless PlayTech360 Inc. from claims and costs arising from:

• Unauthorized use;
• Use on prohibited surfaces;
• Failure to remove products after use;
• Misuse of products;
• Violation of safety instructions;
• Distribution to third parties;
• Breach of this Agreement.

19. Arbitration and Governing Law

This Agreement is governed by the laws of the State of Georgia. Disputes shall be resolved through binding arbitration in Athens-Clarke County, Georgia. User waives jury trials and class action proceedings.

20. Entire Agreement

This Agreement constitutes the entire agreement between PlayTech360 and User regarding ActionSticks™ and supersedes all prior understandings relating to the subject matter herein.