terms-of-service

Terms of Service

Last Updated: December 22, 2025 Version: 1.0

1. Acceptance of Terms

By creating an account or using the Top Tier Performance (“TTP”, “we”, “us”, or “our”) mobile application (the “App”), you (“User”, “you”, or “your”) agree to be bound by these Terms of Service (“Terms”). If you do not agree to these Terms, do not use the App.

2. Description of Service

TTP is a mental performance training application designed for athletes. The App provides:

IMPORTANT: TTP is NOT a substitute for professional mental health care, medical advice, diagnosis, or treatment. If you are experiencing mental health issues, please consult with a qualified healthcare professional.

3. Account Registration

3.1 Eligibility

You must be at least 13 years old to use this App. Users under 18 require parental or guardian consent.

3.2 Account Security

3.3 Account Termination

We reserve the right to suspend or terminate your account at any time for:

4. User Conduct

You agree NOT to:

5. User-Generated Content

5.1 Your Content

You retain ownership of any content you create in the App (journal entries, goals, notes, etc.). By using the App, you grant us a limited license to store, process, and display your content solely for the purpose of providing the service to you.

5.2 Content Guidelines

User content must not:

5.3 Content Removal

We reserve the right to remove any content that violates these Terms or is otherwise objectionable.

6. Privacy and Data Collection

Your use of the App is also governed by our Privacy Policy. We collect and use your personal information as described in the Privacy Policy.

Data We Collect:

What We DON’T Do:

7. Intellectual Property

7.1 Our Rights

The App, including all content, features, functionality, design, logos, and software, is owned by TTP and is protected by copyright, trademark, and other intellectual property laws.

7.2 Limited License

We grant you a limited, non-exclusive, non-transferable, revocable license to use the App for personal, non-commercial purposes in accordance with these Terms.

7.3 Restrictions

You may NOT:

8. Subscription and Payments

8.1 Free and Premium Features

TTP offers both free and premium (paid subscription) features. Premium features may include:

8.2 Pricing and Billing

8.3 Cancellation and Refunds

9. Third-Party Services

The App may integrate with or contain links to third-party services:

Your use of third-party services is subject to their respective terms and policies. We are not responsible for third-party services or content.

10. Disclaimers and Limitations of Liability

10.1 No Medical Advice

THE APP IS NOT A MEDICAL DEVICE AND DOES NOT PROVIDE MEDICAL ADVICE. All content is for educational and informational purposes only. Consult with qualified professionals for medical, psychological, or healthcare advice.

10.2 “As Is” Provision

THE APP IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO:

10.3 Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, TTP SHALL NOT BE LIABLE FOR:

10.4 User Responsibility

You assume all risks associated with using the App. We are not responsible for:

11. Indemnification

You agree to indemnify, defend, and hold harmless TTP, its officers, directors, employees, and agents from any claims, damages, losses, or expenses (including legal fees) arising from:

12. Changes to Terms

We reserve the right to modify these Terms at any time. We will notify you of material changes via:

Your continued use of the App after changes constitutes acceptance of the modified Terms.

13. Termination

13.1 Your Right to Terminate

You may stop using the App and delete your account at any time through the App settings.

13.2 Our Right to Terminate

We may suspend or terminate your access immediately, without notice, for:

13.3 Effect of Termination

Upon termination:

14. Governing Law and Dispute Resolution

14.1 Governing Law

These Terms are governed by the laws of the State of Michigan, United States of America, without regard to conflict of law principles.

14.2 Dispute Resolution

Any disputes arising from these Terms or the App shall be resolved through:

  1. Good faith negotiation
  2. Mediation (if negotiation fails)
  3. Binding arbitration (if mediation fails)
  4. Small claims court (for claims under applicable limits)

14.3 Class Action Waiver

You agree to resolve disputes on an individual basis and waive the right to participate in class actions or class arbitrations.

15. Miscellaneous

15.1 Entire Agreement

These Terms, along with our Privacy Policy, constitute the entire agreement between you and TTP regarding the App.

15.2 Severability

If any provision of these Terms is found to be unenforceable, the remaining provisions will remain in full force and effect.

15.3 No Waiver

Our failure to enforce any provision of these Terms does not constitute a waiver of that provision.

15.4 Assignment

You may not assign or transfer these Terms. We may assign our rights and obligations without restriction.

15.5 Contact Information

For questions about these Terms, please contact:

User Acknowledgment

By creating an account, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service.

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