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ELO RATED Terms of Service

Including the Assumption of Risk, Waiver and Release of Liability, and Indemnity

Effective date: October 13, 2026

Last updated: October 13, 2026

Key points (please read)

This summary is here to help you, but it is not a substitute for the full Terms. If anything in this summary conflicts with the full Terms below, the full Terms apply.

  • THESE TERMS INCLUDE AN ASSUMPTION OF RISK, WAIVER AND RELEASE OF LIABILITY (SECTION 5). Grappling is a full-contact sport that can cause serious injury, paralysis or death. By using ELO RATED you voluntarily accept those risks and you give up legal rights, including the right to sue us for injuries or losses, even if they are caused by our negligence, to the fullest extent the law allows. Please read Section 5 carefully before you accept.
  • ELO RATED is only a software platform. We do not organize, host, supervise, referee, insure or promote matches, and we do not own or run gyms. We do not screen, vet or verify users. You decide whether, where, with whom and how you train, and you are responsible for your own conduct and for any injury you cause to someone else.
  • You must be 18 or older (and of age where you live) to use ELO RATED. There are no exceptions and no parental consent option.
  • By starting a match you consent to being recorded (video and audio) by your opponent or a timekeeper, and you cannot stop their device from recording (Section 12).
  • Deleting your account does not delete shared match records. Results, ratings and match videos stay attached to a de-identified 'Deleted athlete' record; you can ask us to remove specific footage (Section 21.3).
  • Your content stays yours, but you give us a broad licence. You grant us a licence to use match footage, highlight reels, your name, likeness and rating to run and promote ELO RATED, including on our own social media accounts (for example Instagram). You can opt out of promotional and social use, and ask us to take down a specific post that features you, by emailing info@elorated.com (or in the app's settings where available). You can also opt out of our use of your footage to train our own AI features (Section 13).
  • Our liability is limited and the Service is provided "as is" (Sections 22 and 23; see Section 24 for your consumer rights), and you agree to indemnify us for claims arising from your own conduct (Section 25).
  • Ontario law applies, and disputes go to the courts in Toronto, Ontario, except where your local consumer protection law gives you the right to use your own courts or laws (Section 27). There is no arbitration clause and no class action waiver.
  • Nothing in these Terms takes away rights that the law says cannot be taken away, including your rights as a consumer under the law where you live.

Contents

  1. Acceptance of these Terms
  2. Who we are
  3. Eligibility: 18 and older only
  4. Your account and its security
  5. ASSUMPTION OF RISK, WAIVER AND RELEASE OF LIABILITY
  6. What ELO RATED is, and what it is not
  7. Health, safety, gym rules and emergencies
  8. Ranked matches, ratings, results and disputes
  9. Location features and meeting other athletes
  10. Acceptable use and community standards
  11. Reporting content and users, and how we enforce these Terms
  12. Recording matches and the people in them
  13. Your content and the licence you give us
  14. Copyright complaints
  15. AI features
  16. Beta and experimental features
  17. Third-party services and the app stores
  18. Our intellectual property and your feedback
  19. Privacy
  20. Changes to the Service and to these Terms
  21. Suspension, termination and account deletion
  22. DISCLAIMERS
  23. LIMITATION OF LIABILITY
  24. Consumer rights, Quebec and how these Terms apply where you live
  25. INDEMNITY
  26. Time limit for bringing claims
  27. Governing law and where disputes are heard
  28. General terms
  29. Contact us

1. Acceptance of these Terms

1.1 These Terms of Service (the "Terms") are a legally binding agreement between you and ELO RATED. They govern your access to and use of the ELO RATED mobile app, the ELO RATED website and web app at elorated.com, and all related features, content and services (together, the "Service").

1.2 How you accept. You accept these Terms by checking the box or boxes in the app or on the website stating that you agree to the Terms of Service and to the Assumption of Risk, Waiver and Release in Section 5. We keep a record of your acceptance, including when you accepted and which version of the Terms applied. If you use parts of the Service without an account (for example, viewing an invite page), these Terms apply to that use to the extent the law allows. Section 5 applies once you accept it through the app or website.

1.3 Condition of access. You accept these Terms, including Section 5, as a condition of being given access to the Service.

1.4 These Terms replace the earlier in-app "Terms of Service and Liability Waiver" and "End User Agreement". The assumption of risk, waiver and release that used to appear in the app is now part of these Terms (Section 5). If you accepted an earlier version, your earlier acceptance continues to apply to the period before these Terms took effect, and these Terms apply from the date you accept them or they otherwise take effect for you under Section 20.

1.5 If you do not agree, do not use the Service. Using the Service is voluntary. If you do not accept these Terms, including the waiver and release in Section 5, you must not create an account or use the Service.

1.6 Privacy Policy and feature rules. Our Privacy Policy (at https://elorated.com/privacy) is a notice explaining how we handle personal information; it is not part of this contract. Any feature-specific rules we show you in the Service (for example, rules for a particular kind of match) form part of these Terms. If there is a conflict between these Terms and any feature-specific rules, these Terms apply unless the feature-specific rule expressly says otherwise.

1.7 Electronic agreement. You agree that these Terms may be accepted electronically, that your electronic acceptance has the same effect as a handwritten signature, and that we may give you notices and records electronically (in the app, by push notification, or by email to the address on your account).

2. Who we are

2.1 The Service is operated by ELO RATED (also written "EloRated"), a business carried on by its owners in Toronto, Ontario, Canada. In these Terms, "ELO RATED", "we", "us" and "our" mean ELO RATED and, wherever these Terms give a benefit, protection, waiver, release, disclaimer, limitation or indemnity to ELO RATED, also each of its owners personally, and its operators, affiliates, employees, contractors, agents, licensors, successors and assigns (together, the "ELO RATED Parties"). Each of the ELO RATED Parties is intended to benefit from, and may enforce, those protections.

2.2 You can reach us at info@elorated.com for support, privacy questions and legal notices. A mailing address is available on request at that email address.

2.3 "You" and "your" mean the individual using the Service. "User" or "athlete" means any person who uses the Service, including people who compete in matches and people who act as timekeepers.

3. Eligibility: 18 and older only

3.1 You must be at least 18 years old, and at least the age of majority where you live (for example, 19 in British Columbia, New Brunswick, Nova Scotia, Newfoundland and Labrador, Yukon, the Northwest Territories and Nunavut, and 19 or 21 in some US states), to use the Service. We do not offer accounts to minors and we do not accept parental or guardian consent as a substitute.

3.2 By accepting these Terms you represent and warrant that:

  • you are 18 or older (and of age where you live) and have the legal capacity to enter into a binding contract;
  • the date of birth and other information you give us is true;
  • you are not prohibited by law from using the Service; and
  • you have not previously been banned from the Service.

The export and sanctions representation in Section 17.2 also applies to every user.

3.3 If we learn or reasonably believe that a user is under 18, or under the age of majority where they live, we will deactivate the account and, after giving notice to the email address on the account where we can, delete it. Where we can, we will also remove match footage showing that person, and posts on our social media accounts that show that person, and we will not use footage of that person for promotion or AI training. Shared match results are kept in de-identified form, as described in our Privacy Policy. We may ask for information to confirm a user's age. We are not obliged to verify anyone's age, and we do not do so routinely (see Section 6).

3.4 Minors (people under 18 or under the age of majority where they live) must not appear as athletes, timekeepers or participants in any match recorded or rated through the Service.

4. Your account and its security

4.1 Accurate information. You must give accurate, current and complete information when you register and keep it up to date, including your name, date of birth, the competition division you select, current weight, city and gym. Your weight matters because ratings are weight-aware and because opponents rely on it when deciding whether to train with you. Deliberately giving false information, including a false weight, is a serious breach of these Terms.

4.2 One person, one account. You may hold only one account. You must not create an account for anyone else, share your account, let anyone else use it, or use another person's account. Your display name must not impersonate anyone or mislead people about who you are.

4.3 Security. You are responsible for keeping your password and sign-in methods (for example, Google Sign-In) secure, and for all activity on your account, including matches confirmed, results submitted and content uploaded from it, unless the activity happened because of our breach of these Terms. Tell us right away at info@elorated.com if you think your account has been used without your permission.

4.4 Your device. You are responsible for your device, operating system, data plan and internet connection, and for any charges from your carrier.

5. ASSUMPTION OF RISK, WAIVER AND RELEASE OF LIABILITY

(This Section does not apply to the extent it is prohibited in Quebec; see Section 24.3.)

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS. BY ACCEPTING THESE TERMS YOU ARE GIVING UP THE RIGHT TO SUE THE ELO RATED PARTIES FOR PERSONAL INJURY, DEATH, PROPERTY DAMAGE AND OTHER LOSSES, INCLUDING LOSSES CAUSED BY THEIR NEGLIGENCE, TO THE FULLEST EXTENT PERMITTED BY LAW.

5.1 Definitions used in this Section.

  • "Activities" means Brazilian jiu-jitsu, submission grappling, wrestling, judo and any other grappling or combat-sport activity (including training, sparring, rolling, drilling, ranked matches and practice matches) that you arrange, take part in, time, record or attend through or in connection with the Service, or with a person you met, found or were matched with through the Service, including warm-ups and travel to and from the place where it happens.
  • "Claims" means any and all claims, demands, actions, causes of action, suits, proceedings, losses, damages, costs (including legal fees), expenses and liabilities of any kind, whether known or unknown, now existing or arising in the future, and whether based in contract, tort (including negligence), breach of statutory duty, occupiers' liability, breach of warranty or any other legal theory.

5.2 The Activities are dangerous. You understand and acknowledge that the Activities are physical, full-contact combat sports in which participants deliberately apply force, pressure, joint locks and chokes to each other, and that they involve inherent risks that cannot be eliminated, regardless of the care taken. These risks include, without limitation:

  • serious injury to joints, ligaments, tendons, muscles and cartilage, including tears of the knee, shoulder, elbow, wrist, ankle and neck (for example ACL, MCL and meniscus tears, dislocations and rotator cuff injuries);
  • fractures and dislocations, including of the ribs, fingers, toes, arms, legs, collarbone, jaw and nose;
  • head injury and concussion, including from takedowns, slams, falls, collisions and strikes to the head, and long-term effects of repeated head impacts;
  • spinal and neck injury, including injuries from neck cranks, spinal locks, slams and falls, which can cause permanent paralysis;
  • loss of consciousness from chokes and strangles, including restricted blood flow to the brain, stroke, arterial injury and brain injury;
  • death;
  • infections and communicable diseases spread by skin contact, mats or equipment, including ringworm, impetigo, staph and MRSA infections, herpes gladiatorum, other skin infections and viral or bacterial illness;
  • cardiac events, heat illness, exhaustion and dehydration, including in people who did not know they had a heart or other medical condition;
  • aggravation of existing injuries, illnesses or medical conditions;
  • cuts, scrapes, bruises, mat burn, eye injury, ear injury (including cauliflower ear), dental injury and injury to the face;
  • injuries caused by your own actions, by an opponent's actions or mistakes, by an opponent applying a technique too fast or with too much force, by an opponent's failure to recognize or respect a tap, by a timekeeper, spectator or other person, or by an opponent's lack of skill, size or weight difference or misrepresentation of their weight, skill, experience or health;
  • deliberate, reckless or criminal acts of other people, including assault;
  • tripping over, landing on or being struck by phones, tripods, stands or other equipment placed near the mat, and loss of or damage to phones and other devices;
  • errors, delays or failures of the match clock, timer or any other feature of the Service, including a timer that does not stop a match when expected;
  • injuries caused by the condition of a gym, its mats, walls, floors, equipment or surroundings, or by inadequate or absent supervision, instruction or first aid;
  • risks arising from travelling to or from a gym or meeting place, and from meeting people you do not know; and
  • loss of or damage to personal property.

5.3 ELO RATED Parties' negligence is included. You understand that some of these risks may be caused or made worse by the negligence of the ELO RATED Parties, including negligence in designing or operating the Service, in displaying ratings, weights, locations or nearby athletes, in suggesting or enabling matches, in running the match clock, in processing results or disputes, in providing AI analysis or coaching notes, or in failing to warn, screen, vet, supervise or remove a user. You also understand that risks may be caused by the negligence of other users, timekeepers, gyms, coaches and other third parties.

5.4 YOU VOLUNTARILY ASSUME ALL RISKS. YOU FREELY AND VOLUNTARILY ACCEPT AND ASSUME ALL RISKS OF THE ACTIVITIES, BOTH KNOWN AND UNKNOWN, AND WHETHER OR NOT DESCRIBED ABOVE, INCLUDING RISKS CAUSED BY THE NEGLIGENCE OF THE ELO RATED PARTIES, OTHER USERS, TIMEKEEPERS, GYMS OR ANY OTHER PERSON. You take part in the Activities entirely by your own choice. Nobody requires you to take part in any match, and you are free to decline, stop or leave any match at any time.

5.5 WAIVER AND RELEASE. IN CONSIDERATION OF BEING ALLOWED TO ACCESS AND USE THE SERVICE, AND TO THE FULLEST EXTENT PERMITTED BY LAW, YOU WAIVE, RELEASE AND FOREVER DISCHARGE THE ELO RATED PARTIES FROM ALL CLAIMS:

(a) FOR PERSONAL INJURY (INCLUDING PARALYSIS AND DEATH), ILLNESS, AND PROPERTY DAMAGE OR LOSS THAT YOU SUFFER ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE ACTIVITIES, EVEN IF CAUSED OR CONTRIBUTED TO BY THE NEGLIGENCE, BREACH OF CONTRACT, BREACH OF ANY STATUTORY OR OTHER DUTY OF CARE (INCLUDING ANY DUTY UNDER THE OCCUPIERS' LIABILITY ACT (ONTARIO) OR SIMILAR LAWS), OR BREACH OF WARRANTY OF THE ELO RATED PARTIES;

(b) FOR ANY OTHER LOSS OR DAMAGE OF ANY KIND THAT YOU SUFFER ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR USE OF THE SERVICE, INCLUDING LOSS CAUSED BY THE NEGLIGENCE OF THE ELO RATED PARTIES; AND

(c) ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE CONDUCT, ONLINE OR OFFLINE, OF ANY OTHER USER, TIMEKEEPER, GYM OR OTHER THIRD PARTY, INCLUDING ANY DISPUTE BETWEEN YOU AND THEM, AND INCLUDING ANY CLAIM THAT THE ELO RATED PARTIES NEGLIGENTLY FAILED TO PREVENT, WARN OF OR RESPOND TO THAT CONDUCT.

Each of 5.5(a), (b) and (c) is a separate and independent release.

5.6 COVENANT NOT TO SUE. TO THE FULLEST EXTENT PERMITTED BY LAW, YOU AGREE NOT TO START OR PURSUE ANY CLAIM AGAINST ANY OF THE ELO RATED PARTIES THAT IS RELEASED BY THIS SECTION. If you do, and the claim is dismissed because of this Section, you agree to pay the reasonable legal costs the ELO RATED Parties incur in defending it, to the extent a court allows.

5.7 Claims you bring against other people. This Section does not release other users, gyms or anyone else who is not an ELO RATED Party; your rights against them are not affected by these Terms. However, if you make a claim against another person (for example, an opponent, a timekeeper or a gym) and that person seeks contribution, indemnity or any other relief from any of the ELO RATED Parties in connection with your claim, you agree to limit your claim against that person so that you recover only the portion of your loss for which that person is responsible, and not any portion that a court might attribute to the ELO RATED Parties, so that the ELO RATED Parties are not made to pay indirectly what they could not be made to pay directly under this Section.

5.8 Who is bound. To the fullest extent permitted by law, this Section binds you and your heirs, executors, administrators, estate and personal representatives. You understand that if you are injured or killed, members of your family may have their own claims under section 61 of the Family Law Act (Ontario) or similar laws elsewhere. To the extent the law treats those claims as derived from your own claim, the ELO RATED Parties may rely on this Section, including your voluntary assumption of risk, as a defence to them.

5.9 What this Section does not cover. Nothing in this Section releases any ELO RATED Party from liability for its own gross negligence, wilful misconduct, or fraud, or from any other liability that cannot be excluded or limited under the law that applies to you. If a court decides that any part of this Section cannot be enforced in full in your circumstances (for example, because of the consumer protection law of your province or state, or because of the Civil Code of Québec), that part will be limited to the minimum extent necessary and the rest of this Section, and of these Terms, will continue to apply. See also Sections 24 and 28.3.

5.10 California users. If you are a California resident, you expressly waive the protection of California Civil Code Section 1542 with respect to the claims released in this Section. Section 1542 reads: "A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party." You waive any similar right under the law of any other jurisdiction, to the extent permitted.

5.11 Gym waivers apply in addition. A gym or academy may require you to sign its own waiver, membership agreement or rules. Those documents are between you and the gym. ELO RATED is not a party to them, and they do not reduce the protection this Section gives the ELO RATED Parties. This Section applies in addition to, and not instead of, any gym waiver.

5.12 YOUR ACKNOWLEDGEMENT. BY ACCEPTING THESE TERMS YOU CONFIRM THAT: YOU HAVE READ AND UNDERSTOOD THIS SECTION; YOU UNDERSTAND THAT IT IS A LEGAL DOCUMENT THAT WAIVES IMPORTANT RIGHTS, INCLUDING THE RIGHT TO SUE FOR NEGLIGENCE; YOU HAVE HAD THE OPPORTUNITY TO ASK QUESTIONS AND TO GET INDEPENDENT LEGAL ADVICE BEFORE ACCEPTING; YOU ARE AT LEAST 18 YEARS OLD AND OF THE AGE OF MAJORITY WHERE YOU LIVE; AND YOU ARE ACCEPTING IT FREELY AND VOLUNTARILY, KNOWING THAT YOU COULD CHOOSE NOT TO USE THE SERVICE.

6. What ELO RATED is, and what it is not

6.1 A software platform only. ELO RATED is a software tool that lets athletes arrange, record, rate and share grappling matches that they choose to have with each other. Its features include an Arena where athletes can show that they are available nearby, invites, friends, ranked matches, Elo-style ratings and leaderboards, optional video recording, AI analysis, highlight reels, sharing tools and notifications. Features may change over time (Section 20).

6.2 What we do not do. You understand and agree that ELO RATED and the other ELO RATED Parties do not:

  • organize, host, sponsor, sanction, promote or run any match, event, class, tournament or training session;
  • own, occupy, operate, manage or control any gym, academy, mat or premises, and we are not an "occupier" of any place where a match happens;
  • employ, supervise, instruct, coach, referee, judge or officiate athletes, timekeepers or matches, or provide anyone to do so;
  • provide medical, first aid, safety or emergency services, or check that they are available;
  • screen, vet, background-check, or verify the identity, age, weight, competition division, skill, rank, experience, health, fitness, criminal record or intentions of any user;
  • check, approve or inspect any gym or location;
  • provide insurance of any kind for you or anyone else; or
  • guarantee that any user will behave safely, honestly, lawfully or respectfully.

6.3 Ratings, weights and suggestions are not safety information. Ratings, rankings, records, weight figures, "nearby" or "on the mat" indicators, rating-similarity suggestions, friends lists, invites and any other information in the Service are not a measure of anyone's safety, skill, experience, size or health, and are not a recommendation or representation that a particular match, opponent, gym or location is safe or suitable for you. Information shown about other users, including their weight, is provided by those users (or by other users) and may be wrong. You must make your own judgment about every match.

6.4 No representations about other people; disputes between users. We make no representation or warranty about any user, timekeeper, gym or location, including their identity, age, weight, skill, health, conduct, safety or suitability. We are not responsible for the conduct, online or offline, of any user or third party. Disputes between users are between those users, and Section 5 applies to them.

6.5 You are in control and you are responsible. You alone decide whether to take part in any match, where, when, with whom, at what intensity, and under what rules, and you alone are responsible for those decisions. You are responsible for your own conduct during any Activity, and for any injury, loss or damage you cause to another person.

7. Health, safety, gym rules and emergencies

7.1 Your health. You confirm that you are, and will be each time you take part in an Activity, in good health and physically fit to do so, and that you do not have any condition that makes the Activities unsafe for you. You should consult a physician before starting or continuing grappling, especially if you have any heart, lung, neck, back or joint condition, a history of concussion, are pregnant, or take medication that affects your heart, blood, balance or judgment. Stop immediately and seek medical help if you feel unwell, dizzy, faint, short of breath, or have chest pain or a head injury.

7.2 Insurance and medical costs. You are responsible for having appropriate health, accident and disability insurance, and for paying any costs of medical treatment, transport or rehabilitation you need. We do not provide insurance.

7.3 Safe training practices. You agree, every time you take part in an Activity, to:

  • train at an established gym or academy, with the permission of the gym owner or person in charge, and with appropriate supervision where the gym provides or requires it;
  • follow the gym's rules, waivers, safety procedures, instructions and etiquette, including any rules about which techniques are allowed (for example heel hooks, slams, neck cranks or other restricted techniques), and any rules about recording;
  • agree with your opponent before you start on the rules, intensity, techniques allowed and how a match ends;
  • tap early, and respect every tap immediately, whether by hand, foot or voice, and stop immediately when your opponent, a timekeeper, a coach or gym staff tells you to stop, whatever the match clock shows;
  • never use a technique that the gym or your opponent has prohibited, and never use a technique or level of force that you know or ought to know is likely to cause serious injury in the circumstances;
  • never pressure, coerce, bully or trick anyone into a match, a technique, a level of intensity or being recorded;
  • place phones, tripods and other equipment safely away from the mat and the area where people are grappling;
  • not use the app while you are grappling or while you are driving;
  • not train while you have a skin infection, open wound, contagious illness or other condition that could put others at risk, and keep yourself, your gear and your nails clean; and
  • not train under the influence of alcohol, cannabis or other drugs that affect your judgment or reactions.

7.4 Emergencies and first aid. The Service is not an emergency service and cannot call for help for you. If someone is hurt, stop the match immediately. In an emergency, call 911 or your local emergency number. Before you train, find out where first aid supplies are and who at the gym can give first aid. We do not provide, arrange or check the availability of first aid, medical staff or emergency equipment.

7.5 Report concerns to the gym. If you see unsafe behaviour at a gym, tell the person in charge of that gym. You may also report a user to us (Section 11), but we are not present at matches and cannot intervene in them.

8. Ranked matches, ratings, results and disputes

8.1 How matches work. Matches arranged through the Service are ranked and affect ratings (the Service may also offer a one-time practice match that does not). The way matches are started, timed, confirmed, scored and rated is set by the Service and may change. At the time of writing: both athletes are asked to confirm the result; either athlete can dispute it within the dispute period (currently 24 hours); and if an athlete does not dispute within that period, the athlete is treated as having confirmed it and the result locks. A timekeeper who joins a match runs the match clock and may record the match, but cannot change the result.

8.2 Ratings are our own system. ELO RATED ratings are calculated by our own formula, which is based on the Elo rating method, takes weight into account, and may change at any time. Ratings, rankings, records, leaderboards and statistics are provided for recreational interest. They are not an official grading, belt, rank, title or qualification, and they are not guaranteed to be accurate, complete or fair. They depend on information users provide, which may be wrong.

8.3 Honest results. You must report results truthfully, confirm only results that are correct, and dispute only in good faith. You must not fix, throw, fake or pre-arrange matches or results, play matches against yourself or a second account, collude with others, or do anything else to manipulate ratings or rankings (see also Section 10).

8.4 Disputes and our decisions. We may review disputed results, weight-check flags and suspected manipulation, using whatever information we reasonably consider appropriate (which may include match video, location checks, rating history and statements from users). We may confirm, change or void any result, adjust, reset or remove any rating, ranking or match, flag or restrict users who repeatedly dispute or make false reports, and take any other action under Section 11. Our decisions about results and ratings are final for the purposes of the Service. Subject to any right the law gives you to have an automated decision reviewed by a person (see our Privacy Policy), we are not a referee or tribunal and we do not owe you a formal hearing. We are not liable for any rating outcome, any change to a rating or ranking, or any decision about a dispute.

8.5 Weight checks. An opponent may record the weight they observed for you. These flags are opinions of other users and may be wrong. We may use them in reviewing ratings and accounts.

9. Location features and meeting other athletes

9.1 How location is used. Some features use your device's precise location while the app is in use (never in the background), for example to confirm that athletes are on the same mat and to show athletes nearby. Other users do not see your coordinates. You can turn off location permission in your device settings, but some features will not work without it. Our Privacy Policy explains what we collect and how long we keep it.

9.2 No guarantee of accuracy. Location, distance and proximity information depends on your device, its settings and third-party services, and may be inaccurate, delayed or unavailable. Do not rely on it for safety or navigation.

9.3 Meeting people you do not know. The Service may connect you with people you have never met. We do not verify who they are (Section 6). Never agree to meet anyone in a private home, isolated place, or any location where you would not feel safe. We strongly encourage you to meet and train only at an established gym or academy, during supervised hours, with other people present, and to tell someone you trust where you are going. You are solely responsible for your decisions about meeting and training with other users, and Section 5 applies to them.

10. Acceptable use and community standards

10.1 We want ELO RATED to be a respectful community. We have zero tolerance for objectionable content and abusive users: we may remove such content and ban the users responsible, without warning. You must not use the Service to post, upload, share, send or do anything that:

  • harasses, bullies, threatens, intimidates, stalks, doxxes or abuses any person, or encourages others to do so;
  • promotes hatred or discrimination against people based on race, ethnic or national origin, colour, religion, sex, sexual orientation, gender identity or expression, age, disability or any other protected characteristic;
  • is sexual, sexually suggestive, pornographic or nude, or sexualizes any person, or involves any minor in any way that is sexual or exploitative;
  • depicts, promotes or glorifies violence outside consensual sport, including real fights, assaults, street fights, self-harm or cruelty, or threatens or incites violence;
  • impersonates any person, gym or organization, or misrepresents your identity, affiliation, age, rank, record or weight;
  • involves rating manipulation or match-fixing, including fake, thrown or pre-arranged matches, colluding to share results, using multiple accounts, or submitting results for matches that did not happen;
  • gives a false weight, or makes false weight-check flags, disputes or reports;
  • records any person without their consent, records in a gym without the gym's permission, or captures bystanders who have not agreed to be recorded, or includes any minor in footage;
  • is unlawful, defamatory, fraudulent, deceptive or misleading, or infringes anyone's copyright, trademark, privacy, publicity or other rights;
  • contains spam, advertising or solicitation that we have not approved, or malware or harmful code;
  • shares another person's personal information without their permission; or
  • promotes illegal drugs, performance-enhancing substances, weapons or gambling on matches.

10.2 Technical restrictions. You must not, and must not help anyone else to:

  • scrape, crawl, harvest or collect data from the Service by automated means, or collect information about other users (including their locations) for any purpose not allowed by the Service;
  • copy, modify, translate, reverse engineer, decompile or disassemble the Service or try to discover its source code, except to the extent the law expressly allows despite this restriction;
  • interfere with, overload or disrupt the Service, bypass or defeat any security, rate limit, location check, invite limit or other control, or access the Service by any means other than our apps and website;
  • spoof, fake or tamper with your device's location or any proximity check;
  • use bots or automation to create accounts, send invites or submit results;
  • sell, rent, sublicense or commercially exploit the Service or its content, or use it to build a competing product; or
  • use the Service in breach of any law, including privacy, recording and anti-spam laws.

10.3 Off-platform conduct. We may also take action under Section 11 for conduct that happens off the Service, including at a gym or during a match, if we reasonably believe it puts other users at risk or harms the community.

11. Reporting content and users, and how we enforce these Terms

11.1 How to report. If you see content or behaviour that breaks these Terms, or you believe someone is unsafe, a minor (Section 3.4), or has recorded or shared footage of you without consent, please email info@elorated.com with as much detail as you can (for example, the display name, the match, a description of the problem and any screenshots). If anyone is in immediate danger, contact local emergency services first.

11.2 What we do with reports. We review reports within a reasonable time and act on them in the way we consider appropriate. We may ask you for more information. We may not be able to tell you what action we took, to protect the privacy of others.

11.3 Our enforcement rights. We may, at any time and at our discretion, with or without notice (except where notice is required by law): remove or restrict any content; void or change matches, results or ratings; remove users from leaderboards; limit features; issue warnings; suspend or permanently ban accounts; block devices; and report conduct to law enforcement or other authorities where we believe it is appropriate or required. We may act on suspected breaches as well as confirmed ones.

11.4 No duty to monitor. We do not review all content or conduct before or after it appears, and we have no obligation to do so. We are not responsible for content or conduct of users, and the fact that we did not act on something does not mean we approve of it. We are not responsible for statements made by other users, including in disputes, weight-check flags, reports or content they post. Our decision to remove content or not is not a statement that it is lawful or unlawful.

12. Recording matches and the people in them

12.1 Recording is a choice made on each device. The Service lets athletes and timekeepers record matches. The app shows each athlete whether the opponent has chosen to record at the face-off. A timekeeper who joins the match may also record it. At the time of writing, an athlete cannot stop another participant's device from recording.

12.2 Consent to being recorded. By starting a match through the Service, you consent to that match being recorded (video and audio) by your opponent or a timekeeper using the Service, and to the recording being used as described in these Terms, including Section 13 (subject to your opt-out and takedown rights). If you do not want to be recorded, tell your opponent and any timekeeper before the match starts, and do not start the match unless they agree not to record.

12.3 Your promises when you record or upload. Each time you record, upload, share or post any footage, photo or audio through the Service, you represent and warrant that:

  • you have obtained the consent of every person who appears or can be heard in it (including your opponent and any timekeeper) to be recorded and for the footage to be used as described in these Terms, including the licence in Section 13;
  • you have the permission of the gym or the owner of the place where it was recorded;
  • no bystander who has not agreed, and no minor (Section 3.4), appears in it;
  • the recording complies with all applicable laws, including laws about privacy and recording conversations; and
  • you own or have the necessary rights to the footage and anything in it, including any music.

12.4 Recordings include audio. Do not record private conversations of other people.

12.5 If you appear in footage that you did not consent to, email info@elorated.com (see Sections 11 and 13.6).

13. Your content and the licence you give us

13.1 What "Your Content" means. "Your Content" means anything you or another user submits to the Service in which you have rights or appear, including your profile information, profile photos, match recordings (including footage of you recorded by an opponent or timekeeper), audio, still frames, highlight reels, results, disputes, feedback and, if offered, messages. It also includes your name, display name, likeness, image, voice, gym, rating, ranking and record as they appear in or with that content.

13.2 You keep ownership. As between you and us, you keep whatever ownership rights you have in Your Content. These Terms do not transfer ownership to us.

13.3 The licence you give us. You grant ELO RATED a worldwide, non-exclusive, royalty-free, fully paid, transferable (as part of a transfer of the Service under Section 28.5), perpetual (subject to the opt-out and takedown rights in Sections 13.5 and 13.6) licence, with the right to sublicense to our service providers and to the platforms on which we post, to:

  • host, store, copy, back up, archive, transmit and process Your Content;
  • analyze it, including with automated tools and artificial intelligence, and create still frames, scoring data, technique labels and coaching notes from it;
  • edit and adapt it, including clipping, cropping, reframing, slowing, adding music, sound and effects, and overlaying names, display names, ratings, records and graphics;
  • create highlight reels, compilations and other derivative works from it, including works that combine it with footage of other athletes; and
  • display, perform, publish, publicly distribute and make it available,

in each case to operate, provide, improve and promote ELO RATED, including by posting match footage, highlight reels, names, likenesses and ratings on ELO RATED's own social media accounts (for example Instagram) and in other promotion of ELO RATED in any media. This licence covers footage in which you appear, whoever recorded it. You also give each other athlete and any timekeeper in a match with you a licence to view, save and share the recordings of that match, and each other athlete a licence to do the same with the highlight reels of that match, in each case using the features of the Service available to them (for example, saving to a photo library or sharing to Instagram). You understand that they may then share it outside the Service.

13.4 No payment. You agree that you will not be paid for any use of Your Content under this licence, and that the use of your name, likeness and rating as described here is not a misappropriation of your personality or image.

13.5 Opting out of promotional and social use. You can opt out of our use of footage, reels, your name and likeness for promotion and on our social media accounts at any time by emailing info@elorated.com (or in the app's settings where that option is available). Your opt-out applies going forward: we will not make new promotional or social posts featuring you after we have had a reasonable time to process it. If you delete your account, we will treat that as an opt-out of new promotional and social use. An opt-out does not affect the use of Your Content needed to operate the Service itself (for example, showing a match to its participants or calculating ratings), and it cannot recall copies that other users or third parties have already saved or re-shared.

13.6 Takedown of a specific post. If a post on an ELO RATED social media account features you, you can ask us to remove it by emailing info@elorated.com with a link to or description of the post. We will remove posts featuring you on request within a reasonable time, and we aim to do so within a few business days. If a result shown in a post is later changed, you can ask us to remove the post. We cannot remove copies made by other people or by the platform itself, but we will delete the post from our account.

13.7 Moral rights. You waive (and agree not to assert) any moral rights you have in Your Content, including the rights of attribution and integrity, against ELO RATED and those using it under our licence, in connection with the uses described in this Section.

13.8 Your warranties about Your Content. You represent and warrant that you have all rights and consents needed to grant the licences in this Section, including the consent described in Section 12.3 of every person in footage you record or upload, and that our use of Your Content as permitted by these Terms will not infringe anyone's rights or break any law.

13.9 AI training of our own features. We may use match video, still frames and analysis to improve and train our own features and models. We do not sell footage, and we do not license it to third parties to train their own general-purpose AI models. You can opt out of training use by emailing info@elorated.com (or in the app's settings where available). If you delete your account, we will treat that as an opt-out of training use. Our Privacy Policy explains this use, including archival storage of original footage and the AI providers involved.

13.10 Keep your own copies. The Service is not a backup or storage service. Content may be lost, corrupted, compressed, removed or become unavailable, and recordings may fail to upload. Keep your own copies of anything you want to keep. We are not responsible for any loss of Your Content.

13.11 Removal of content. We may remove, refuse, compress, shorten or limit any content at any time, for any reason, including to comply with law, to protect users, or to manage storage.

14. Copyright complaints

14.1 Notice of infringement. We respect intellectual property rights. If you believe that content in the Service, or posted on our social media accounts, infringes a copyright you own or are authorized to act for, email info@elorated.com with the subject line "Copyright complaint" and include:

  • your name, address, telephone number and email address;
  • a description of the copyrighted work you say is infringed;
  • a description of where the content is located (for example, the match, the display name or a link to the post), detailed enough for us to find it;
  • a statement that you believe in good faith that the use is not authorized by the copyright owner, its agent or the law;
  • a statement that the information in your notice is accurate and, under penalty of perjury, that you are the copyright owner or authorized to act on the owner's behalf; and
  • your physical or electronic signature.

We may remove or disable access to the content and will take reasonable steps to notify the user who posted it. Where Canadian law requires it, we will forward notices in accordance with the notice-and-notice regime under the Copyright Act (Canada).

14.2 Counter-notice. If your content was removed because of a copyright complaint and you believe that was a mistake or that you have the right to use it, you may send a counter-notice to info@elorated.com that identifies the removed content, explains why you believe it was removed by mistake or misidentification, includes your name, address, telephone number and email address and your consent to the jurisdiction of the courts in Section 27 (or, if you are in the United States, of a court where you live), and is signed. We may restore the content if the complainant does not tell us within a reasonable time that it has started legal proceedings.

14.3 Repeat infringers. We will terminate, in appropriate circumstances, the accounts of users who repeatedly infringe the rights of others.

14.4 False claims. Do not send a complaint or counter-notice that you know is false. You may be liable for damages, including costs and legal fees, caused by a knowingly false notice.

15. AI features

15.1 AI output can be wrong. AI analysis, scoring moments, technique labels, coaching notes, athlete identification, highlight reels and AI-generated avatars are produced automatically and may be inaccurate, incomplete, misattributed to the wrong athlete, or inappropriate. We may hide, change or stop showing AI output (for example, while we improve its accuracy), and some AI output may be visible only to administrators.

15.2 Not medical, coaching or safety advice. AI output and anything else in the Service is for general information and entertainment only. It is not medical advice, injury diagnosis, physiotherapy, coaching or instruction, and it is not safety advice. Do not rely on it to decide whether a technique is safe, whether you are injured, or whether you are fit to train. Get advice from a qualified medical professional and a qualified coach.

15.3 Avatars. An AI-generated avatar is a stylized image that may resemble you. If you do not want an AI avatar generated from your photos or footage, email info@elorated.com.

16. Beta and experimental features

Some features may be described as beta, preview, early access, experimental or test features, or may be offered to some users only. They are provided for evaluation, may contain errors, may be less reliable than other features, and may be changed or withdrawn at any time without notice. All of these Terms, including Sections 5, 22 and 23, apply to them.

17. Third-party services and the app stores

17.1 Third-party services. The Service uses and links to services provided by others, for example Google Sign-In, Instagram and other social networks, your device's share sheet and photo library, push notification services, maps, and AI and hosting providers. Your use of a third-party service is governed by that third party's own terms and privacy policy. We do not control third-party services and are not responsible for them, for their content, availability or security, or for what they do with content you choose to share with them. When you share footage to Instagram or anywhere else, you are responsible for complying with that platform's rules and for having the consents described in Section 12.

17.2 Apple App Store terms. If you downloaded the app from the Apple App Store, the following also applies, and prevails over anything else in these Terms to the extent of any conflict:

  • These Terms are between you and ELO RATED only, not with Apple Inc. ("Apple"). ELO RATED, not Apple, is solely responsible for the app and its content.
  • Your licence to use the app is a limited, non-transferable licence to use it on Apple-branded products that you own or control, as permitted by the Usage Rules in the Apple Media Services Terms and Conditions, except that the app may be accessed by other accounts associated with you through Family Sharing or volume purchasing where those rules allow.
  • Apple has no obligation to provide any maintenance or support services for the app. Contact us at info@elorated.com for support.
  • To the extent any warranty applies to the app and is not effectively disclaimed, if the app fails to conform to it you may notify Apple, and Apple will refund the purchase price (if any) of the app to you. To the maximum extent permitted by law, Apple has no other warranty obligation for the app, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to a warranty are, as between ELO RATED and Apple, our responsibility, subject to the disclaimers and limitations in these Terms.
  • ELO RATED, not Apple, is responsible for addressing any claims by you or any third party relating to the app or your possession or use of it, including product liability claims, claims that the app fails to conform to any legal or regulatory requirement, and claims under consumer protection, privacy or similar laws, subject to the disclaimers and limitations in these Terms.
  • If a third party claims that the app or your possession and use of it infringes their intellectual property rights, ELO RATED, not Apple, is solely responsible for the investigation, defence, settlement and discharge of that claim.
  • You represent and warrant that you are not located in a country that is subject to a United States or Canadian government embargo or that has been designated by the United States government as a "terrorist supporting" country, and that you are not listed on any United States or Canadian government list of prohibited or restricted parties.
  • You must comply with any applicable third-party terms (for example, your wireless data agreement) when using the app.
  • Our name and contact details for questions, complaints or claims about the app are in Sections 2 and 29.
  • Apple and its subsidiaries are third-party beneficiaries of these Terms, and once you accept them, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary.

17.3 Google Play. If you downloaded the app from Google Play, Google's terms of service for Google Play also apply to your download. Google is not a party to these Terms and is not responsible for the app.

18. Our intellectual property and your feedback

18.1 Our property. The Service, including its software, design, look and feel, text, graphics, logos, the ELO RATED name and marks, the rating system and its presentation, and all compilations of data (other than Your Content), is owned by or licensed to ELO RATED and protected by copyright, trademark and other laws. Except for the limited licence below, we grant you no rights in it.

18.2 Your licence to use the Service. Subject to these Terms, we grant you a personal, limited, revocable, non-exclusive, non-transferable, non-sublicensable licence to download and use the app on devices you own or control, and to use the Service, for your own personal, non-commercial use. This licence ends automatically if your account is terminated or you breach these Terms.

18.3 Feedback. If you send us ideas, suggestions, bug reports, survey responses or other feedback (including through the feedback form or shake-to-report), you grant us a perpetual, irrevocable, worldwide, royalty-free licence to use it for any purpose without payment or attribution, and you waive any moral rights in it. Feedback is not confidential.

19. Privacy

19.1 Our Privacy Policy at https://elorated.com/privacy explains how we collect, use, share and keep personal information, and your rights, including how to request access, correction or deletion and how to opt out of promotional use and AI training.

19.2 Parts of your profile (including your display name, photo or avatar, gym, weight, rating, rank and record) are visible to other users, and some of it to anyone you send an invite link to. You are responsible for what you choose to make public, share with other users, or post on third-party platforms, and we are not responsible for copies made or re-shared by others.

20. Changes to the Service and to these Terms

20.1 Changes to the Service. The Service is evolving. We may add, change, limit, suspend or remove any feature, change the rating formula, reset or recalculate ratings or leaderboards, or stop offering the Service (in whole or in part, in any region or for any user), at any time. Where a change materially reduces the Service and it is practicable, we will try to give reasonable notice. We are not liable to you for any change, suspension or discontinuation of the Service.

20.2 Changes to these Terms. We may update these Terms from time to time. If we make a material change, we will notify you in the app, by email or by another reasonable method, and where practicable at least 30 days before the change takes effect. Changes that are not material, or that are required by law or needed to address safety, security or abuse, may take effect sooner. The "Last updated" date at the top shows when these Terms last changed.

20.3 Quebec users. If you are in Quebec and the Consumer Protection Act (Quebec) applies, we will send you a written notice, in French, at least 30 days before a change takes effect, setting out the new or amended clause (and the clause as it read before), the date it takes effect, and your right to refuse the change and end this contract, without cost or penalty, by deleting your account before that date.

20.4 Your choice. If you do not agree to an updated version, you must stop using the Service and may delete your account before the change takes effect. If you continue to use the Service after the effective date of the updated Terms, you will be treated as having accepted them. We may also ask you to accept the updated Terms through a checkbox or button before you can continue to use the Service. If we make a material change to Section 5, we will ask you to accept the updated Terms expressly (for example, by checking a box) before you can continue to use the Service.

20.5 Changes will not apply retroactively to a dispute that you notified us of in writing before the change took effect.

21. Suspension, termination and account deletion

21.1 Deleting your account. You may stop using the Service at any time and may delete your account in the app (currently at Settings > Delete account) or by emailing info@elorated.com.

21.2 What deletion removes. When you delete your account, we delete your profile, including your names, photo, avatar, weight, date of birth, gender, city, Instagram handle, gym, friends, invites, push notification devices, messages (if any), highlight reels and highlight-reel feedback, and we remove you from rankings and leaderboards, in each case as described in our Privacy Policy and subject to routine backup cycles and legal requirements.

21.3 What deletion does not remove: shared match records. Matches involve other athletes, so they are shared records. When you delete your account, your match results, rating history, submissions, result confirmations and disputes, weight checks, your records of accepting these Terms and the waiver, and match videos, still frames and AI analysis are kept, attached to a de-identified "Deleted athlete" record instead of your name, so that your opponents' records and ratings remain accurate. The record is de-identified, not anonymous: your face can remain visible in match video. Highlight reels made for your opponent can show you and the display name you had at the time; they remain with your opponent's record unless you ask us to remove or re-render them. You may email info@elorated.com to ask us to remove specific footage. We will consider each request and honour it where reasonable, balancing your interests against those of the other participants. Posts featuring you on our social media accounts will be removed on request (Section 13.6).

21.4 Suspension or termination by us. We may suspend, restrict or terminate your account or access to the Service, with or without notice (except where notice is required by law), if we reasonably believe that you have breached these Terms, are under 18, have put another person at risk, have acted unlawfully or fraudulently, or have created risk or legal exposure for us or for other users, or if we stop offering the Service. If you are banned you must not create a new account.

21.5 Effect of termination. When your account ends, your licence to use the Service ends. The provisions listed in Section 28.7 survive.

22. DISCLAIMERS

(This Section does not apply to the extent it is prohibited in Quebec; see Section 24.3.)

PLEASE READ THIS SECTION CAREFULLY.

22.1 YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE AND ALL CONTENT, RATINGS, LOCATION INFORMATION, AI OUTPUT AND OTHER INFORMATION IN IT ARE PROVIDED "AS IS" AND "AS AVAILABLE", WITH ALL FAULTS AND WITHOUT ANY WARRANTY, CONDITION, REPRESENTATION OR GUARANTEE OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR ARISING FROM A COURSE OF DEALING OR USAGE OF TRADE.

22.2 THE ELO RATED PARTIES DISCLAIM ALL IMPLIED WARRANTIES AND CONDITIONS, INCLUDING ANY OF MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE, NON-INFRINGEMENT, AND ACCURACY, and do not warrant that: the Service will be uninterrupted, timely, secure or error-free; ratings, results, rankings, weights, locations, distances, match clocks or AI output will be accurate, complete or reliable; content will be stored without loss; defects will be corrected; or the Service is free of viruses or other harmful components.

22.3 No advice or information, whether oral or written, that you obtain from us or through the Service creates any warranty not expressly stated in these Terms. This Section is subject to Section 24.

23. LIMITATION OF LIABILITY

(This Section does not apply to the extent it is prohibited in Quebec; see Section 24.3.)

PLEASE READ THIS SECTION CAREFULLY. IT LIMITS THE AMOUNT YOU CAN RECOVER FROM US.

23.1 EXCLUDED TYPES OF DAMAGES. TO THE FULLEST EXTENT PERMITTED BY LAW, THE ELO RATED PARTIES WILL NOT BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, AGGRAVATED OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, INCOME, EARNINGS, BUSINESS OPPORTUNITY, GOODWILL, REPUTATION, DATA OR CONTENT, OR ANY COST OF SUBSTITUTE SERVICES, ARISING OUT OF OR IN CONNECTION WITH THESE TERMS, THE SERVICE OR THE ACTIVITIES, EVEN IF THEY WERE ADVISED OF OR COULD HAVE FORESEEN THE POSSIBILITY OF SUCH DAMAGES.

23.2 AGGREGATE CAP. TO THE FULLEST EXTENT PERMITTED BY LAW, THE TOTAL LIABILITY OF ALL OF THE ELO RATED PARTIES TOGETHER, FOR ALL CLAIMS OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH THESE TERMS, THE SERVICE OR THE ACTIVITIES, WILL NOT EXCEED THE GREATER OF (A) ONE HUNDRED CANADIAN DOLLARS (CAD $100) AND (B) THE TOTAL AMOUNT YOU PAID US FOR THE SERVICE IN THE 12 MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM.

23.3 How these limits apply. The limits in this Section apply whatever the legal theory of the claim (contract, tort including negligence, breach of statutory duty, strict liability or otherwise), and even if a remedy fails of its essential purpose. They apply in addition to, and do not reduce, the waiver and release in Section 5: claims released by Section 5 are released entirely, and this Section limits any liability that remains. Nothing in this Section limits liability for gross negligence, wilful misconduct or fraud, or any liability that cannot be limited under the law that applies to you (see Section 24).

23.4 Basis of the bargain. You agree that these disclaimers and limitations are a fair allocation of risk, reflect the nature of the Service and the terms on which it is offered, and that we would not be able to provide the Service without them.

24. Consumer rights, Quebec and how these Terms apply where you live

24.1 Mandatory rights are preserved. Some laws, including the Consumer Protection Act, 2002 (Ontario) or any successor legislation, including the Consumer Protection Act, 2023, the Consumer Protection Act (Quebec), the Civil Code of Québec, other provincial and territorial consumer protection laws, and the laws of some U.S. states, give consumers rights that cannot be waived, excluded or limited by contract, or do not allow certain warranties to be excluded, certain types of damages or liability to be limited, or certain releases to be enforced. Nothing in these Terms excludes, limits or waives any right or remedy that you have under such a law if it cannot lawfully be excluded, limited or waived.

24.2 Application to the extent permitted. Where such a law applies to you, each waiver, release, disclaimer, limitation, exclusion, indemnity, time limit and forum provision in these Terms applies only to the extent that law permits, and is read down to the minimum extent necessary to comply with it. The rest continues to apply in full. For example, if you are a consumer in Ontario, any implied warranty under the Consumer Protection Act, 2002 (or its successor legislation) that applies to you is not excluded by these Terms, but the waiver and release of other claims in Section 5 (including claims in negligence) continues to apply to the extent permitted.

24.3 Quebec residents. If you live in Quebec:

  • Sections 5, 22, 23, 25, 26 and 27 do not apply to the extent they are prohibited by the Consumer Protection Act (Quebec) or the Civil Code of Québec.
  • These Terms do not exclude or limit our liability for bodily or moral injury caused to you, or for injury caused by our intentional or gross fault.
  • Under article 1477 of the Civil Code of Québec, your acceptance of the risks of the Activities does not, by itself, mean that you give up your remedy against the person who caused an injury. Your acceptance of risk may still be taken into account in assessing fault and damages.
  • Changes to these Terms are subject to the notice in Section 20.3.

24.4 United States residents. Some U.S. states do not allow the exclusion of implied warranties, the limitation of incidental or consequential damages, or the release of liability for negligence, so some of the provisions in Sections 5, 22 and 23 may not apply to you, or may apply only in part. In those states, our liability is limited to the fullest extent the law allows.

25. INDEMNITY

(This Section does not apply to the extent it is prohibited in Quebec; see Section 24.3.)

25.1 TO THE FULLEST EXTENT PERMITTED BY LAW, YOU AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS THE ELO RATED PARTIES FROM AND AGAINST ALL CLAIMS (INCLUDING CLAIMS BY OTHER USERS, GYMS, INSURERS AND OTHER THIRD PARTIES), AND ALL RELATED LOSSES, DAMAGES, JUDGMENTS, SETTLEMENTS, COSTS AND EXPENSES (INCLUDING REASONABLE LEGAL FEES), ARISING OUT OF OR RELATED TO:

  • your participation in any Activity, to the extent the claim arises from your acts or omissions;
  • any injury, death, loss or damage that you cause or contribute to, to any other person or property;
  • your conduct, online or offline, including your conduct toward other users;
  • Your Content, including any claim that it was recorded, uploaded or shared without the consent of a person in it or of a gym, or that it infringes anyone's rights;
  • your breach of these Terms or of any law, or of any gym's rules; or
  • any claim brought by you or by your estate or personal representatives that is released by Section 5.

25.2 We may take over the defence of any claim covered by this Section at your expense, and you will co-operate with us. You must not settle any such claim in a way that affects an ELO RATED Party without our written consent. This Section does not require you to indemnify an ELO RATED Party for liability caused by that party's own gross negligence, wilful misconduct or fraud.

26. Time limit for bringing claims

(This Section does not apply to the extent it is prohibited in Quebec; see Section 24.3.)

To the fullest extent permitted by law, where the law that applies to you allows a limitation period to be shortened by agreement, any claim you have arising out of or related to these Terms, the Service or the Activities must be started within one (1) year after the day on which the claim was discovered, or it is permanently barred. If the law that applies to you does not allow this (for example, if you are a consumer in Ontario, where the Limitations Act, 2002 applies), the statutory limitation period applies instead.

27. Governing law and where disputes are heard

(This Section does not apply to the extent it is prohibited in Quebec; see Section 24.3.)

27.1 Governing law. These Terms, and any dispute or claim arising out of or relating to them, the Service or the Activities (including non-contractual disputes and claims), are governed by the laws of the Province of Ontario and the federal laws of Canada applicable in Ontario, without regard to conflict of laws rules. The United Nations Convention on Contracts for the International Sale of Goods does not apply.

27.2 Courts. Subject to Section 27.3, you and we agree that the courts of Ontario sitting in Toronto, Ontario have exclusive jurisdiction over any dispute arising out of or relating to these Terms, the Service or the Activities, and you and we submit to the jurisdiction of those courts. Either of us may bring a claim within its monetary limit in the Small Claims Court in Toronto.

27.3 Consumer carve-out. If you are a consumer and the law of the province, territory or state where you live gives you the right to have that law apply, or to bring a claim in, or be sued only in, the courts where you live, despite a contractual choice of law or forum, then nothing in this Section takes away that right. This includes Quebec consumers, who may bring proceedings in Quebec.

27.4 No arbitration and no class action waiver. These Terms do not contain an arbitration agreement or a class action waiver.

27.5 Talk to us first. Before starting a formal claim, we ask that you email info@elorated.com with a description of the issue so that we can try to resolve it informally. This does not affect any limitation period or your right to go to court.

28. General terms

28.1 Entire agreement. These Terms (together with any feature-specific rules referred to in Section 1.6) are the entire agreement between you and us about the Service and replace any earlier agreements, waivers or understandings about it, except as stated in Section 1.4. Our Privacy Policy is a notice explaining how we handle personal information; it is not part of this contract. Any separate agreement you have with a gym or another user is not part of these Terms.

28.2 Interpretation. Headings are for convenience only. "Including" and "for example" mean "including without limitation". References to "the law" or "law that applies to you" include statutes, regulations and court decisions. Each protection given to "the ELO RATED Parties" is given to each of them separately.

28.3 Severability and read-down. If a court of competent jurisdiction decides that any provision of these Terms, or its application to any person or circumstance, is invalid, illegal or unenforceable, that provision will be limited or read down to the minimum extent necessary so that it is enforceable, and if that is not possible it will be severed. The remaining provisions, and the application of that provision to other persons and circumstances, will continue in full force. In particular, if any part of Section 5 is held unenforceable, the other parts of Section 5 (including the assumption of risk and each separate release in Section 5.5) and Sections 22, 23 and 25 continue to apply. Every disclaimer, limitation, waiver and exclusion in these Terms applies to the fullest extent permitted by law, whether or not the provision says so.

28.4 No waiver. If we do not enforce a provision of these Terms, or delay doing so, that does not waive our right to enforce it later. A waiver is only effective if it is in writing and signed or sent by email by us.

28.5 Assignment. You may not assign or transfer these Terms or your account without our prior written consent. We may assign or transfer these Terms, in whole or in part, including in connection with a sale, reorganization, incorporation or transfer of the business or assets of ELO RATED, and the protections in these Terms will continue to benefit our successors and assigns. If ELO RATED is incorporated or reorganized, the new entity will step into our place under these Terms, and the protections in these Terms continue to benefit the owners personally for the period before that happened.

28.6 Relationship. Nothing in these Terms creates a partnership, joint venture, employment, agency or fiduciary relationship between you and us. Users are not our employees, agents or contractors. Gyms, academies, coaches and timekeepers are not our partners, agents or employees, and we do not endorse them. A gym's name appears in the Service for identification only and does not mean the gym is affiliated with, approved by or responsible for ELO RATED, or that we are affiliated with or responsible for it.

28.7 Survival. Every provision of these Terms that by its nature should survive the end of your use of the Service, the deletion of your account, or the termination of these Terms will survive, including the assumption of risk, waiver and release (Section 5), the licences in Sections 13 and 18.3 (subject to the opt-out and takedown rights), Section 21.3 (shared match records), and Sections 22 to 28.

28.8 Force majeure. We are not liable for any delay or failure to perform caused by events beyond our reasonable control, including outages of the internet, hosting, cloud, AI or app store providers, power failures, cyberattacks, natural disasters, epidemics, labour disputes, government action, war or civil unrest.

28.9 Notices. We may give you notices by email to the address on your account, by in-app message or push notification, or by posting in the Service. Notices by email are treated as received when sent, unless we learn that the email was not delivered. You must keep your email address current. You may give us notices by email to info@elorated.com. Legal notices to us are effective when received.

28.10 Third-party beneficiaries. Apple is a third-party beneficiary as described in Section 17.2. Other than the ELO RATED Parties (Section 2.1) and Apple, no one else has rights under these Terms.

28.11 Language. These Terms are available in English and French. If you are in Quebec, you were given the French version first; if you then choose to proceed in English, you confirm that it is your express wish to be bound only by the English version. Subject to the foregoing and except where the law says otherwise, both versions have equal force.

Les présentes conditions sont disponibles en français et en anglais. Si vous êtes au Québec, la version française vous a été remise en premier; si vous choisissez ensuite de poursuivre en anglais, vous confirmez que c'est votre volonté expresse d'être lié uniquement par la version anglaise. Sous réserve de ce qui précède et sauf disposition contraire de la loi, les deux versions ont la même valeur.

29. Contact us

ELO RATED

Toronto, Ontario, Canada

Email (support, privacy, legal notices, copyright complaints and reports): info@elorated.com

A mailing address is available on request at that email address. Questions about privacy may be directed to our Privacy Officer at the same address.