Terms and Conditions
Terms of Service
Last Updated on October 3, 2025.
PLEASE READ THESE TERMS OF SERVICE CAREFULLY BEFORE USING THE PRODUCTS OR SERVICES (AS DEFINED BELOW) OFFERED BY QUIETBOUNCE (“US”, “WE”, “OUR” OR “QUIETBOUNCE”). THESE TERMS OF SERVICE SET FORTH THE LEGALLY BINDING TERMS AND CONDITIONS FOR YOUR USE OF THE PRODUCTS OR SERVICES (AS DEFINED BELOW). THESE TERMS OF SERVICE COVER IMPORTANT INFORMATION ABOUT PRODUCTS OR SERVICES PROVIDED TO YOU AND ANY CHARGES AND AMOUNTS WE BILL YOU. THESE TERMS OF SERVICE INCLUDE INFORMATION ABOUT FUTURE CHANGES TO THESE TERMS OF SERVICE AND AUTOMATIC RENEWALS.
QuietBounce designs and sells smart sports and fitness equipment (such as our silent training basketball and training mats, among others) (“Equipment”) (“Smart Equipment”) and other products and related accessories (collectively with , Equipment, Smart Equipment, the “Products”), provides an iOS and Android application used for virtual sports and fitness training (the “App”), and offers related subscriptions, software, websites (or other linked pages), and content (collectively with the App, the “Services”).
THESE TERMS OF SERVICE, TOGETHER WITH ANY GUIDELINES, POLICIES, RULES, NOTICES, OR OTHER ANCILLARY AGREEMENTS, WHICH ARE EXPRESSLY INCORPORATED BY REFERENCE, INCLUDING WITHOUT LIMITATION THE QUIETBOUNCE PRIVACY POLICY (HTTPS://QUIETBOUNCE.COM/PAGES/PRIVACY-POLICY) ARE HEREBY REFERRED TO AS THE “TERMS”. BY USING THE QUIETBOUNCE PRODUCTS OR SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT ACCEPT THESE TERMS, YOU ARE NOT AUTHORIZED TO ACCESS OR USE THE QUIETBOUNCE PRODUCTS OR SERVICES. BY MAKING ANY PURCHASES FOR OUR PRODUCTS OR SERVICES, REGISTERING FOR AN ACCOUNT FOR OUR SERVICES, OR USING THE SERVICES, YOU REPRESENT AND WARRANT THAT YOU ARE AN INDIVIDUAL OF LEGAL AGE WHO IS ELIGIBLE TO ENTER INTO A CONTRACT IN THE STATE OR PROVINCE IN WHICH YOU RESIDE, AND THAT YOU: (A) WILL BE RESPONSIBLE FOR ANY MINOR AUTHORIZED BY YOU TO USE AND ACCESS THE PRODUCTS AND SERVICES; AND (B) WHERE YOU ARE MAKING PURCHASES OR USING THE SERVICES ON BEHALF OF AN ENTITY, YOU ARE AN AUTHORIZED REPRESENTATIVE OF SUCH ENTITY TO AGREE TO AND BIND SUCH ENTITY TO THESE TERMS.
PART I of these Terms apply to all Users.
PART II of these Terms are additional terms and conditions that apply only to Clubs and their Coaches.
PART I: TERMS FOR ALL USERS
1. DEFINITIONS
“Beta Version” means early access or beta versions of software that is a part of the Services, including the App, or features or functionalities thereof.
“Coach” means the coach or other individual designated as such to represent a Club.
“Dispute” means a dispute arising from these Terms or relating to the Products and Services.
“QuietBounce Content” means any photos, images, graphics, video, audio, data, text, music, training regimens, comments, software, works of authorship of any kind, and other information, content, or other materials that are posted, generated, provided, or otherwise made available through the Services, other than Your Content.
“QuietBounce Indemnitees” means collectively, QuietBounce and each of our officers, directors, employees, agents, contractors, coaches, trainers, licensors, and affiliates.
“End Users” means the individual users who are authorized by you (and the user’s parent or legal guardian where the individual is a minor) to use the Products and Services under or in connection with your account, such as the students of a school or members of a private club under a Club Account.
“Feedback” means questions, comments, suggestions, ideas, and other feedback about QuietBounce and our Products and Services.
“Limited Product Warranty” means the limited warranty on the Product as provided for in Section 13.2 of these Terms.
“Order Form” means an ordering document that has been entered into by duly authorized representatives of QuietBounce and a Club, referencing and incorporating these Terms.
“Privacy Policy” means QuietBounce’s privacy policy located at https://quietbounce.com/privacy-policy, as may be updated from time-to-time by QuietBounce.
“Club” means a public or private sports club, afterschool program, or school that has entered into an Order Form with QuietBounce.
“Club Account” or “Teams Account” means an account to the Services that allows a Club’s members to use the Products and Services under or in connection with the Club’s account and Subscription.
“Subscription” means a subscription to our Services (also referred to in our website and App as a “Membership”).
“Subscription Fee” means the fee for your Subscription, at the currently advertised rate, together with any other taxes.
“Subscription Period” means each period of Subscription, typically monthly or annual, as agreed to in the ordering page of the QuietBounce website when checking out or in an Order Form, as applicable.
“Subscription Term” means the duration of the Subscription, which includes all initial and renewal Subscription Periods, until termination or expiration.
“Third-Party Services” means third-party content, promotions, websites, apps, services, and resources not under QuietBounce’s control that are displayed, linked, or otherwise able to be accessed or used on or via the Services.
“User”, “you”, or “your” refers to any person or entity who purchases, accesses, or uses the Products or Services, including Clubs, their Coaches, and End Users.
“Website” means QuietBounce’s website at https://quietbounce.com , as may be updated from time-to-time by QuietBounce.
“Your Child” means your minor child (individuals under the age of 18) or legal ward.
“Your Content” means photos, images, video, data, text, music, training regimens, comments, and other information and content that you or your End User post, upload, store, share, send, or display on or through the Services.
2. CHANGES TO THESE TERMS
We reserve the right to make changes or modifications to these Terms at any time and in our sole discretion. If we make changes to these Terms, we will provide notice of such changes by revising the date at the top of these Terms (as indicated by a revised “Last Updated” date at the top of this page). Your continued use of our Products or Services following notification of changes or modifications will constitute your acceptance of such changes or modifications. Because the QuietBounce Products and Services are evolving over time, we may, without liability to you, temporarily or permanently change or discontinue all or any part of our Products or Services, at any time with or without notice, at our sole discretion.
3. SAFETY; USE THE SERVICES AT YOUR OWN RISK
3.1 ASSUMPTION OF RISK. IF YOU USE THE PRODUCTS OR SERVICES, OR ANY QUIETBOUNCE CONTENT, YOU DO SO SOLELY AT YOUR OWN RISK AND YOU ARE AGREEING THAT YOU HAVE CAREFULLY READ AND AGREED TO THESE TERMS. YOU FURTHER ACKNOWLEDGE AND AGREE THAT YOU UNDERSTAND THE SAFETY HAZARDS, RISKS, DANGERS, AND POTENTIAL FOR INJURY ASSOCIATED WITH USE OF OUR PRODUCTS AND SERVICES. YOU FURTHER ACKNOWLEDGE AND AGREE THAT YOU ARE IN GOOD HEALTH AND PHYSICALLY FIT TO PARTICIPATE IN THE ACTIVITIES MADE AVAILABLE THROUGH THE QUIETBOUNCE PRODUCTS AND SERVICES, THAT YOU HAVE NOT BEEN ADVISED OF ANY ADVERSE HEALTH CONDITIONS BY A PHYSICIAN, MEDICAL PRACTITIONER, OR OTHER HEALTH CARE PROVIDER, THAT YOU WILL NOT PARTICIPATE IN ANY OF THE ACTIVITIES MADE AVAILABLE THROUGH ANY QUIETBOUNCE PRODUCT OR SERVICE UNDER THE INFLUENCE OF ALCOHOL, DRUGS, OR ANYTHING THAT COULD IMPAIR YOUR ABILITY TO SAFELY ENGAGE IN THE ACTIVITIES, AND THAT YOU WILL ONLY USE QUIETBOUNCE PRODUCTS AND SERVICES IN ACCORDANCE WITH THEIR RECOMMENDED USES, HEED ANY WARNINGS AND SAFETY PRECAUTIONS LISTED ON OUR WEBSITES, APP AND/OR INSTRUCTIONS WITHIN THE APPLICABLE USER MANUAL OR ACCOMPANYING PRODUCT CARD, AND WILL ALWAYS EXERCISE SOUND JUDGMENT WHEN USING THE SERVICES AND PRODUCTS.
BY USING THE QUIETBOUNCE PRODUCTS OR SERVICES, INCLUDING ANY QUIETBOUNCE CONTENT, OR PHYSICALLY PARTICIPATING IN THE ACTIVITIES RECOMMENDED BY THOSE SERVICES, YOU AGREE TO ASSUME THE RISKS ASSOCIATED WITH SUCH ACTIVITIES. TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOU FOREVER RELEASE, WAIVE AND DISCHARGE US, OUR SUBSIDIARIES, OWNERS, AGENTS, REPRESENTATIVES, AND EMPLOYEES FROM ANY AND ALL LIABILITY FOR LOSS OR DAMAGE, AND FOR EVERY CLAIM OR CAUSE OF ACTION OF ANY KIND INCLUDING, BUT NOT LIMITED TO, BODILY INJURY, DEATH, OR PROPERTY DAMAGE, ARISING OUT OF YOUR PARTICIPATION IN THE PHYSICAL ACTIVITIES RECOMMENDED BY THE SERVICES.
3.2 HEALTH & SAFETY WARNING. YOU EXPRESSLY AGREE THAT ENGAGING IN PHYSICAL ACTIVITIES AS PART OF THE QUIETBOUNCE PRODUCTS AND SERVICES CARRY CERTAIN INHERENT AND SIGNIFICANT RISKS OF PROPERTY DAMAGE, BODILY INJURY OR DEATH AND THAT YOU VOLUNTARILY ASSUME ALL KNOWN AND UNKNOWN RISKS ASSOCIATED WITH THESE ACTIVITIES EVEN IF CAUSED IN WHOLE OR IN PART BY THE ACTION, INACTION OR NEGLIGENCE OF QUIETBOUNCE OR OTHERS. YOU ALSO EXPRESSLY AGREE THAT QUIETBOUNCE DOES NOT ASSUME RESPONSIBILITY FOR THE INSPECTION, SUPERVISION, PREPARATION, OR CONDUCT OF ANY RACE, COMPETITION, CONTEST, GROUP INTERACTION, GATHERING, OR EVENT THAT UTILIZES THE PRODUCTS OR SERVICES.
YOU SHOULD CONSULT YOUR PHYSICIAN, MEDICAL PRACTITIONER, OR OTHER HEALTH CARE PROVIDER BEFORE ENGAGING IN ANY OF THE PHYSICAL ACTIVITIES RECOMMENDED BY THE QUIETBOUNCE SERVICES TO ASSESS YOUR ABILITY TO SAFELY ENGAGE IN SUCH ACTIVITIES. YOU SHOULD NOT ENGAGE IN ANY OF THE ACTIVITIES RECOMMENDED BY THE SERVICES IF YOU HAVE ANY MEDICAL CONDITIONS WHERE EXERCISE COULD INDUCE ADVERSE EFFECTS.
IF YOU ARE PREGNANT, DIABETIC, HAVE A HEART CONDITION, OR HAVE ANY INJURIES, DISABILITIES, OR OTHER MEDICAL CONDITIONS, YOU CERTIFY THAT YOU HAVE PERMISSION FROM YOUR PHYSICIAN, MEDICAL PRACTITIONER, OR OTHER HEALTH CARE PROVIDER TO BEGIN AN EXERCISE PROGRAM. YOU CERTIFY THAT YOU WILL START SLOWLY AND TAKE CARE NOT TO EXCEED YOUR CAPABILITIES WHEN EXERCISING. YOU SHOULD IMMEDIATELY STOP ANY ACTIVITY THAT CAUSES YOU TO BECOME DIZZY, DEHYDRATED, OR OTHERWISE AFFECTS YOUR BODY’S ABILITY TO FUNCTION NORMALLY. TO REITERATE YOUR AGREEMENT ABOVE, YOU AGREE THAT WE SHALL NOT BE RESPONSIBLE FOR ANY INJURIES YOU SUSTAIN WHILE PARTICIPATING IN ANY ACTIVITIES RECOMMENDED BY THE QUIETBOUNCE SERVICES. YOU AGREE AND UNDERSTAND THAT IF YOU ARE INJURED WHILE UTILIZING THE PRODUCTS OR SERVICES, INCLUDING EXERCISING, YOU WILL BE SOLELY RESPONSIBLE FOR ALL MEDICAL COSTS, DAMAGES, AND OUT-OF-POCKET EXPENSES, AND ANY CLAIMS MUST BE SATISFIED THROUGH YOUR PERSONAL HEALTH INSURANCE OR ASSETS.
3.3 MEDICAL LIABILITY DISCLAIMER. The information on a QuietBounce website, and other Services, including the App is provided for educational and entertainment purposes only and is not intended as medical or nutritional advice. The Services are not intended to diagnose, treat, cure, or prevent any disease. You should not rely on this information as a substitute for, nor does it replace, professional medical advice, diagnosis, or treatment. If you have any concerns or questions about your health, you should always consult with a physician, general practitioner or other health-care professional. Do not disregard, avoid or delay obtaining medical or health related advice from your healthcare professional because of something you may have read or heard on a QuietBounce website or other Service. The use of information provided through the QuietBounce Service is solely at your own risk and is not medical or healthcare advice.
4. PRODUCTS, RETURNS, AND WARRANTY
4.1 Orders, Acceptance, and Fulfillment. You can browse and place orders for our Products through the Website. Unless otherwise specified at the time of purchase, you must pay for Products when you place the order. All orders are subject to acceptance by QuietBounce. After you place an order, you will receive an initial confirmation email. When the order is shipped, you will receive shipping confirmation, tracking number, and carrier information. If an order is on backorder, we’ll notify you. QuietBounce reserves the right not to accept your order for any reason or for no reason at all and to restrict multiple quantities of a Product being shipped to any one customer or postal address. We may cancel an order at any time for any lawful reason prior to delivery and receipt of payment in full; if we cancel, we’ll refund prepaid fees. Clubs may choose to place orders for Products on behalf of their End Users.
Product availability cannot be guaranteed. Information, depictions, graphics, diagrams, variants, and colors are illustrative and subject to change. We reserve the right to correct errors and revoke offers.
4.2 No Resale. Products are intended for end users only and are not authorized for resale. Unauthorized resale is prohibited. We may refuse or cancel your order if we suspect resale.
4.3 Shipping and Delivery. QuietBounce will pack Products per standard practices. Title and risk of loss pass to you upon delivery to the carrier. Scheduled shipment dates are estimates only. We are not liable for delays.
4.4 Returns. You may return Products and receive a refund on the Product charge for any reason if: (i) you return the Product (and related accessories) within thirty (30) days of delivery; (ii) returned Products are in good condition (not damaged or rendered unusable), as determined by QuietBounce in its sole discretion; and (iii) for purchases marked as a “Bundle” on our Website, all items in the Bundle are returned. Outside of those who receive a Product in connection with a Free Trial Subscription, QuietBounce will cover return shipping for eligible returns. You assume the risk of loss or damage to returned Products in transit. To initiate a return, contact info@quietbounce.com (or via the Contact form). If your Club purchased the Products, only the Club may return such Products. For Free Trial recipients, see Section 5.3 for return requirements to avoid Subscription charges. See Section 6.5 for Subscription Fee refunds.
4.5 Bundle Offer Returns. All Product returns for purchases marked as a “Bundle” require the return of all Products in the Bundle to be eligible for a refund.
5. SUBSCRIPTIONS AND TERMINATION
5.1 Subscriptions. Purchasing a Subscription in connection with your Equipment may be required. A Subscription provides full access to Courses On-Demand, Shot Tracking Analytics, and other content/features during the Subscription Term. We may limit simultaneous streams or the number of End Users per Subscription. QuietBounce may make limited Content available to non-subscribers from time to time; use is governed by these Terms.
5.2 Auto-Renewal. UNLESS YOU CANCEL YOUR SUBSCRIPTION IN ACCORDANCE WITH THE CANCELLATION PROVISIONS BELOW, YOUR SUBSCRIPTION WILL AUTOMATICALLY RENEW FOR THE SAME DURATION AS YOUR INITIAL SUBSCRIPTION PERIOD, AND YOU AUTHORIZE US TO COLLECT THE APPLICABLE FEES VIA YOUR PAYMENT METHOD FOR EACH RENEWAL. Renewal periods will match your initial period unless disclosed otherwise. Renewal pricing will be no more than the immediately prior period’s non-promotional rate unless we notify you of a rate change before auto-renewal. For annual Subscriptions, we’ll email you at least thirty (30) days prior to automatic renewal. To change or cancel, go to quietbounce.com. or email info@quietbounce.com
5.3 Free Trials, Promotions, and Beta Products. From time to time, we may offer a free trial or promotional Subscription. IF YOU REGISTER FOR A FREE TRIAL OR PROMOTIONAL SUBSCRIPTION, WE WILL AUTOMATICALLY BEGIN TO BILL YOUR ACCOUNT AT OUR STANDARD RATES WHEN THE FREE TRIAL OR PROMOTIONAL PERIOD EXPIRES, unless you cancel before the trial/promotion ends or the promotion states otherwise at sale. Free trials are for new customers only. For free trials tied to Equipment, the Free Trial Period begins upon 1 week after delivery and lasts for the disclosed period (“Free Trial Period”). Free trials may be paired with an associated Subscription (“ Subscription”) that automatically begins at the end of the Free Trial Period unless you cancel during the Free Trial Period and return your Equipment within fourteen (14) days of cancellation (the “Return Period”). You are responsible for return shipping for Free Trial equipment. Cancelling after your card is charged will end the Subscription at the close of the then-current annual or monthly term. Subscriptions auto-renew unless canceled at least 24 hours before the end of each term.
We may also permit access to Beta Versions of Services. YOU UNDERSTAND AND AGREE BETA VERSIONS MAY CONTAIN DEFECTS AND ARE PROVIDED “AS IS” / “AS AVAILABLE” WITHOUT ANY WARRANTY. DO NOT USE SENSITIVE DATA WITH BETA VERSIONS. USE WITH CAUTION AND DO NOT RELY ON CORRECT FUNCTIONING OR PERFORMANCE.
5.4 Cancellation. YOU CAN REQUEST TO CANCEL YOUR SUBSCRIPTION AT quietbounce.com. OR BY CONTACTING US AT info@quietbounce.com. TO AVOID AUTO-RENEWAL, YOU MUST SUBMIT YOUR CANCELLATION REQUEST EITHER (A) TWENTY-FOUR (24) HOURS PRIOR TO THE END OF YOUR THEN-CURRENT SUBSCRIPTION PERIOD; OR (B) BY THE DEADLINE IN YOUR ORDER FORM; WHICHEVER IS EARLIER. If you timely cancel, you retain access through the end of the current period.
5.5 Suspension/Termination by QuietBounce. We may immediately terminate or suspend all or a portion of your or your End User’s Subscriptions and access with or without notice if: (a) payment is overdue (we’ll use reasonable efforts to notify you first); (b) false/inaccurate information is provided; (c) you violate these Terms or other posted rules/policies; (d) you violate applicable law (including IP laws); (e) you threaten, abuse, or harass QuietBounce employees, agents, or users; (f) we discontinue or change aspects of the Products/Services; or (g) for any other lawful reason. For free Subscriptions or trials, we may modify or discontinue access at any time.
5.6 Effects of Suspension/Termination. If your account/Subscription is terminated or suspended, your license to use the App/Content is also terminated or suspended, and you/End Users lose access On-Demand Classes and other Content/features. If terminated, we may immediately delete data/files associated with your account(s). You must pay all charges through the date of termination. Restoration fees may apply to resume service; all past due amounts remain owed.
5.7 Survival. Provisions intended to survive termination or expiration will survive (including, without limitation, Sections 3, 6, 8–16, and Part II as applicable).
5.8 Statutory Cancellation Rights (Certain Canadian Residents Only).
5.8.1 British Columbia Residents. You may cancel within ten (10) days after initial subscription for any reason by emailing info@quietbounce.com.
5.8.2 Ontario Residents. You may cancel at any time during the period that ends ten (10) days after the later of the day you receive a written copy of these Terms and the day all Services are made available to you. QuietBounce has fifteen (15) days to refund any payments and return trade-in goods (or refund equivalent).
6. PAYMENT AND PRICING
6.1 General. By placing an order, you agree your payment info is true/complete; you will pay listed prices plus shipping/taxes; and purchases are for personal/gift use (not commercial).
6.2 Prices. Prices are stated in USD exclusive of shipping/taxes (shown before checkout). You agree to pay such amounts and indemnify QuietBounce against liabilities, penalties, or fees arising from your failure to pay them. Prices may change at any time.
6.3 Billing. You may choose monthly or annual Subscription billing. You authorize recurring charges to your payment method, and you authorize us to update/retain payment method data for renewals. If payment is not received when due, we may (a) assess late fees/costs of collection; or (b) suspend/terminate (after reasonable notice).
6.4 Billing Errors. For billing errors/inquiries, contact info@quietbounce.com within thirty (30) days of the billing date. Credits/refunds are not issued after thirty (30) days except where required by law.
6.5 Subscription Fee Refunds. YOUR INITIAL MONTHLY OR ANNUAL SUBSCRIPTION FEE IS REFUNDABLE ONLY IF: (a) you cancel within thirty (30) days of Equipment delivery; (b) you return your Equipment within fourteen (14) days of cancellation, per Section 4.4; and (c) you are a first-time purchaser of QuietBounce Equipment. Otherwise, Subscription cancellations are non-refundable (subject to Section 5.8). Cancellations after the 30-day window take effect at the end of the then-current period.
6.6 Financed Purchases. If you finance, you agree to your financing partner’s terms. Your failure to comply may be treated as a breach of these Terms.
7. ELIGIBILITY; ACCOUNT REQUIREMENTS
7.1 Minors. Services are available to individuals 13+; purchases via credit card by adults 18+. Limited use by children under 13 only with a parent/guardian who sets up the account using their own information. If you permit Your Child to use the Products/Services, you agree to these Terms for yourself and Your Child and accept responsibility for all uses. See our Privacy Policy.
7.2 Account Credentials. You are responsible for all activity under your account. Maintain confidentiality of credentials and notify us of any breach.
7.3 Connection Requirements. Connect to the App only with Products manufactured, distributed, or sold by QuietBounce or authorized resellers. No knock-offs, look-alikes, or unauthorized apps/connections. Violations may result in immediate termination of access.
7.4 Mobile Device Responsibility. Full use depends on a compatible device and internet access. You (or your End Users) are responsible for equipment, maintenance, and data charges.
8. YOUR CONTENT
You or your End Users retain all rights to Your Content posted to the Services. By making Your Content available, you grant QuietBounce a non-exclusive, transferable, sublicensable, worldwide, royalty-free license to use, copy, modify, publicly display, publicly perform, reproduce, translate, create derivative works from, and distribute Your Content, in whole or in part, including your name and likeness, in any media, solely to offer and improve Products/Services. You are solely responsible for Your Content. We may alter/remove/refuse to display Your Content and may forbid posting/sharing if we determine so in our discretion.
9. FEEDBACK
Feedback is non-confidential (unless we state otherwise in writing) and becomes QuietBounce’s sole property. We own all rights and may use it without acknowledgment or compensation.
10. QUIETBOUNCE PROPERTY; YOUR LIMITED LICENSE; RESTRICTIONS
10.1 QuietBounce Content. QuietBounce Content, Products, Services, and underlying technology are protected by IP laws. We reserve all rights not expressly granted.
10.2 QuietBounce Marks. “QuietBounce,” our logos, service names/slogans, and the overall look-and-feel (including page headers, graphics, icons, scripts) are QuietBounce trademarks/trade dress. Do not copy/use without prior written permission. Other marks belong to their owners.
10.3 License and Access Rights. Subject to these Terms (and any Order Form limits), we grant a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access/use the App/Services and view QuietBounce Content for personal, non-commercial enjoyment. You will not use, sublicense, copy, adapt, modify, translate, disclose, prepare derivative works from, distribute, license, sell, rent, lease, assign, transfer, publicly display/perform, transmit, broadcast, or otherwise exploit the Services/Content except as expressly permitted.
10.4 Usage Restrictions. Except to the extent permitted by law, you will not: (a) use/display/mirror/frame the Services or any element without express consent; (b) access/tamper with non-public areas, systems, or delivery mechanisms; (c) test vulnerabilities or breach security; (d) circumvent technological measures; (e) access via unauthorized mechanisms; or (f) modify, decompile, disassemble, reverse engineer, tamper with, or derive source code of any QuietBounce software.
11. COPYRIGHT AND INFRINGER POLICY (DMCA)
We may terminate users who repeatedly infringe others’ copyrights and may limit access or terminate accounts for suspected infringement.
If you believe anything on the Services infringes your copyright, send a DMCA notice to our Copyright Agent at legal@quietbounce.com
See 17 U.S.C. §512(c)(3) for notice requirements. If you knowingly misrepresent that material or activity is infringing, you may be liable for damages, including costs and attorneys’ fees, arising from reliance on your misrepresentation.
12. THIRD-PARTY SERVICES
The Services may display, link to, or enable access to Third-Party Services. They are not part of our Services and are not controlled by QuietBounce. Your use is at your sole risk, governed by the third party’s terms and privacy policy. Reference does not imply endorsement.
13. REPRESENTATIONS, WARRANTIES, AND DISCLAIMERS
13.1 Your Representations and Warranties.
Authority. You have authority to agree to these Terms (and to bind an entity if applicable).
Your Content & Use. You own/have rights to Your Content and your use (and provision of Your Content) will not (i) infringe IP or privacy/publicity rights; (ii) violate law; (iii) be fraudulent/misleading; (iv) be defamatory/obscene/offensive; (v) promote discrimination/harassment/harm; (vi) be violent or threatening; or (vii) promote illegal/harmful activities. You will not upload viruses/malicious code; use another’s account; harvest other users’ info; post commercial ads/spam/sweepstakes; or use the Services in a manner we deem objectionable or harmful. You will comply with applicable laws, including export controls.
OFAC. If you are in an embargoed country, on the SDN list, or on the Denied Persons List, you will not transact on our Services.
13.2 Limited Product Warranty. QuietBounce warrants to the original purchaser that Products will be free from defects in materials and workmanship under normal use for forty-five (45) days from date of purchase. If a defect arises, email support@quietbounce.com and we will, at our option, (i) replace with a new/refurbished product, or (ii) refund your payment. We may require return of the defective product. This warranty excludes replacements, non-QuietBounce products, cosmetic damage/normal wear, and misuse/abuse or use contrary to instructions. We may verify original purchase and genuineness. TO THE EXTENT PERMITTED BY LAW, THIS LIMITED PRODUCT WARRANTY IS YOUR SOLE AND EXCLUSIVE REMEDY FOR PRODUCT DEFECTS.
13.3 Disclaimers. EXCEPT FOR THE LIMITED PRODUCT WARRANTY ABOVE: (A) THE PRODUCTS, SERVICES, AND QUIETBOUNCE CONTENT ARE PROVIDED “AS IS” AND “AS AVAILABLE”; (B) WE DO NOT WARRANT THEY WILL MEET REQUIREMENTS OR BE UNINTERRUPTED, SECURE, OR ERROR-FREE; AND (C) WE DO NOT WARRANT QUALITY, ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS, OR RELIABILITY. WE DISCLAIM ALL EXPRESS/IMPLIED WARRANTIES, INCLUDING MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT, NON-INFRINGEMENT, AND WARRANTIES ARISING FROM COURSE OF DEALING/USAGE OF TRADE.
14. LIMITATION OF LIABILITY
14.1 Indirect Damages Exclusion. NEITHER QUIETBOUNCE NOR ITS EMPLOYEES, COACHES, TRAINERS, OFFICERS, DIRECTORS, AGENTS, CONTRACTORS, AFFILIATES, SUPPLIERS, OR LICENSORS, NOR ANY PARTY INVOLVED IN CREATING/PRODUCING/DELIVERING THE PRODUCTS OR SERVICES WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING LOST PROFITS, DATA, GOODWILL), SERVICE INTERRUPTION, COMPUTER DAMAGE, SYSTEM FAILURE, OR COST OF SUBSTITUTE SERVICES, ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR USE/INABILITY TO USE THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT, PRODUCT LIABILITY, OR ANY OTHER LEGAL THEORY, EVEN IF INFORMED OF THE POSSIBILITY.
14.2 Maximum Liability. IN NO EVENT WILL QUIETBOUNCE’S TOTAL LIABILITY EXCEED (A) THE AMOUNTS YOU HAVE PAID TO QUIETBOUNCE FOR THE PRODUCTS AND SERVICES OR (B) ONE HUNDRED DOLLARS ($100) IF YOU HAVE NOT HAD ANY PAYMENT OBLIGATIONS, AS APPLICABLE.
14.3 Basis of Bargain. THE ABOVE EXCLUSIONS/LIMITATIONS ARE FUNDAMENTAL ELEMENTS OF THE BARGAIN.
14.4 Subject to Law. SOME JURISDICTIONS DO NOT ALLOW CERTAIN EXCLUSIONS/LIMITATIONS. FOR NEW JERSEY USERS, THIS SECTION IS INTENDED TO BE ONLY AS BROAD AS PERMITTED UNDER NEW JERSEY LAW; IF ANY PROVISION IS INVALID, THE REMAINDER SURVIVES.
15. INDEMNITY
You will defend, indemnify, and hold harmless the QuietBounce Indemnitees from and against any losses, damages, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising from third-party claims related to: (a) your or your End User’s use of Products/Services; (b) Your Content or Feedback; (c) breach of these Terms; (d) violation of law or third-party rights; or (e) conduct in connection with the Products/Services. We may control the defense/settlement (including counsel selection); you will cooperate.
16. DISPUTE RESOLUTION
PLEASE READ THIS SECTION CAREFULLY BECAUSE IT REQUIRES YOU TO ARBITRATE CERTAIN DISPUTES WITH QUIETBOUNCE AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF.
16.1 Informal Resolution. Before filing a formal claim, email legal@quietbounce.com so we can try to resolve informally within fifteen (15) days.
16.2 Arbitration. Except for claims seeking equitable relief for unlawful use of IP, you and QuietBounce agree to binding arbitration of all Disputes.
16.3 Choice of Law. Except as otherwise required by applicable law, these Terms and Dispute resolution are governed by the laws of the State of Texas, without regard to conflict-of-laws principles.
16.4 Venue. Arbitration will occur in Houston, Texas, before a single arbitrator, under the AAA Commercial Arbitration Rules and Supplementary Procedures for Consumer-Related Disputes. If arbitration is unavailable for a Dispute, any judicial proceeding (including appeal of an award) will be brought exclusively in the state or federal courts in Houston, Texas. Both parties waive jury trial and consent to venue/personal jurisdiction.
16.5 CLASS ACTION WAIVER. WHETHER IN ARBITRATION OR COURT, YOU WAIVE ANY RIGHT TO COMMENCE OR PARTICIPATE IN A CLASS, COLLECTIVE, OR REPRESENTATIVE ACTION OR PROCEEDING.
17. MISCELLANEOUS
17.1 Entire Agreement; Precedence. These Terms incorporate by reference: (a) Privacy Policy; (b) Delivery Guarantee (if applicable); (c) 30-Day Money-Back Guarantee (if applicable). If a conflict exists among posted/linked policies, these Terms, and an Order Form, the order of precedence is: (x) the Order Form (for its scope), (y) these Terms, and (z) posted/linked policies. These Terms (and any applicable Order Forms) constitute the entire agreement, superseding prior agreements and understandings. If any provision is held invalid/unenforceable, it will be enforced to the maximum extent permissible, and the remainder will continue in full force.
17.2 Assignment. You may not assign your rights or obligations without QuietBounce’s prior written consent. QuietBounce may assign any or all rights/obligations without your consent.
17.3 Waiver. Failure or delay to exercise a right does not operate as a waiver.
17.4 Severability. If any provision is invalid or unenforceable, the remaining provisions remain in effect.
18. NOTICE FOR CALIFORNIA USERS
Under California Civil Code §1789.3, California users are entitled to the following consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 N. Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (800) 952-5210.
PART II: ADDITIONAL TERMS ONLY FOR CLUBS AND COACHES
1. ORDER FORMS
By entering into an Order Form incorporating these Terms, you agree on behalf of your Club to be bound by this Part II.
2. RESPONSIBILITY FOR END USERS
Clubs represent, warrant, and agree that End Users agree to and are bound by Part I of these Terms. Clubs/Coaches remain responsible for End Users’ compliance and will indemnify, defend, and hold harmless QuietBounce Indemnitees with respect to End User compliance.
3. TEAMS ACCOUNT
3.1 Club Registration. Only Clubs may register for a Teams Account. Teams Accounts allow up to a certain number of End Users to use the Services simultaneously. The designated Coach must be currently employed or engaged as an independent contractor by the Club and use/facilitate the account only for that Club’s End Users. Personal/family use requires a separate personal account. By registering, the Club represents and warrants compliance with applicable laws (including, where applicable, FERPA) regarding minors’ data.
3.2 End User Registration and Payments. A Club may choose via the Order Form either: (a) to have End Users purchase their own Products/Subscriptions using a QuietBounce link that affiliates the End User under the Teams Account; or (b) to purchase Products/Subscriptions for End Users.
4. COOPERATION
Club will timely provide cooperation, information, materials, and access to personnel/systems reasonably requested by QuietBounce to provide Products/Services.
5. LICENSE TO YOUR MARKS
Club grants QuietBounce a limited, non-exclusive, royalty-free, non-transferable license to display the Club’s trademarks/logos to (a) reference the Club as a customer on our App/Website/marketing materials; and (b) provide the Services (e.g., Coach dashboards).
6. CONFIDENTIALITY
6.1 Obligations. “Confidential Information” means information provided by QuietBounce or obtained through the Products/Services that is designated as confidential or should reasonably be understood as confidential. You agree to: (a) safeguard it with at least the same care as your own confidential information and not less than industry standard; (b) keep it in strict confidence; (c) use it only to fulfill obligations or as necessary to use the Products/Services; (d) disclose only to those with a need to know bound by comparable confidentiality obligations; (e) not disclose to third parties without prior written consent; and (f) promptly notify us of any loss/disclosure. Upon expiration or termination, return or destroy Confidential Information within thirty (30) days, as directed.
6.2 Compelled Disclosure. If compelled by law to disclose Confidential Information, provide prompt written notice and cooperate in seeking protective orders. If unavailable, disclose only what is legally required.
7. PRIVACY AND SECURITY
End User information (including minors’ data) is collected, used, and disclosed per our Privacy Policy. Clubs represent and warrant that they will maintain commercially reasonable administrative, physical, and technical safeguards in using the Services.
Contact Information. Questions regarding these Terms may be sent to info@quietbounce.com or via the Contact form at https://quietbounce.com/contact