TERMS OF SERVICE

Last updated: September 27, 2026

Tennis IQ® is a registered trademark of 40 Love Mind Set LLC in the United States (U.S. Reg. No. 8267188). Unauthorized use of the Tennis IQ name, logo, or brand assets is prohibited.

AGREEMENT TO OUR LEGAL TERMS

We are 40 Love Mind Set LLC ("Company," "we," "us," "our"), a company registered in Massachusetts, United States at 2 Washington St, Pembroke, MA 02359.

We operate the website https://40lovemindset.com (the "Site"), the mobile application Tennis IQ® (the "App"), as well as any other related products and services that refer or link to these legal terms (the "Legal Terms") (collectively, the "Services").

You can contact us by phone at +1 (617) 922-3550, email at hello@tennisiq.app, or by mail to 2 Washington St, Pembroke, MA 02359, United States.

These Legal Terms constitute a legally binding agreement made between you, whether personally or on behalf of an entity ("you"), and 40 Love Mind Set LLC, concerning your access to and use of the Services. You agree that by accessing or using the Services, or by clicking “I Agree” or similar acceptance when prompted, you have read, understood, and agreed to be bound by all of these Legal Terms. IF YOU DO NOT AGREE WITH ALL OF THESE LEGAL TERMS, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SERVICES AND YOU MUST DISCONTINUE USE IMMEDIATELY.

Supplemental terms and conditions or documents that may be posted on the Services from time to time are hereby expressly incorporated herein by reference; any such supplemental terms that materially alter your rights or obligations are subject to the same notice requirements applicable to changes to these Legal Terms. We reserve the right, in our sole discretion, to make changes or modifications to these Legal Terms from time to time. We will alert you about any changes by updating the "Last updated" date of these Legal Terms, and for material changes (such as changes to pricing, the scope of the Services, dispute resolution, or liability terms), by providing notice through the Services or to the email address associated with your account at least fifteen (15) days before the changes take effect. It is your responsibility to periodically review these Legal Terms to stay informed of updates. You will be subject to, and will be deemed to have been made aware of and to have accepted, the changes in any revised Legal Terms by your continued use of the Services after the date such revised Legal Terms become effective.

Age and parental consent. Children under the age of 13 may use the Services only through an account created or approved by a parent or legal guardian who has provided verifiable parental consent as described in Section 4 (Children, Minors, and Parental Consent). Minors who are at least 13 years of age but under the age of majority in the jurisdiction in which they reside (generally under 18) must have the permission of, and be directly supervised by, a parent or legal guardian, and that parent or legal guardian must read and agree to these Legal Terms before the minor uses the Services. We may rely on the age information provided during registration; if a minor provides inaccurate age information to circumvent these requirements, the minor’s parent or legal guardian assumes responsibility for the minor’s use of the Services. By agreeing to these Legal Terms on behalf of a minor, a parent or guardian accepts these Legal Terms for themselves and for the minor and is responsible for the minor's use of the Services.

Geographic scope. The Services are directed primarily to users located in the United States. See Section 1 (Our Services) for important information regarding geographic scope and use of the Services outside the United States.

We recommend that you print a copy of these Legal Terms for your records.

OUR SERVICES

Tennis IQ® is a mobile application that helps tennis players improve their game and mental performance. It combines an artificial-intelligence coaching assistant, guided audio

mental-training sessions, match logging and statistics, a practice and progress journal, and player scouting notes.

Use outside the United States. The Services are controlled and operated from the United States and are directed primarily to users located in the United States. We make no representation that the Services, or any content available through them, are appropriate, lawful, or available for use in any particular location outside the United States. Those who choose to access the Services from outside the United States do so on their own initiative and at their own risk and are solely responsible for compliance with local laws, if and to the extent local laws are applicable. If you access the Services from outside the United States, you acknowledge and agree that your information will be transferred to, stored, and processed in the United States, where data-protection and other laws may differ from those of your jurisdiction, and you consent to that transfer and processing. We do not represent that the Services comply with the data-protection or consumer-protection laws of the European Economic Area, the United Kingdom, or any jurisdiction in Asia or elsewhere outside the United States.

Industry-specific regulations. The Services are not tailored to comply with industry-specific regulations (Health Insurance Portability and Accountability Act (HIPAA), Federal Information Security Management Act (FISMA), etc.), so if your interactions would be subjected to such laws, you may not use the Services.

Artificial-intelligence features. Certain features of the Services use artificial intelligence and automated systems to generate coaching guidance, responses, and audio content ("AI Outputs"). AI Outputs are generated automatically, are generic in nature, are not tailored to any individual’s specific physical condition, mental health status, or overall health, may be inaccurate, incomplete, or not suitable for your circumstances, and do not represent the advice or opinion of any person. All rights in AI Outputs are retained by us; you receive a limited, personal, non-transferable license to use AI Outputs solely in connection with your permitted use of the Services. You are responsible for evaluating and using AI Outputs at your own discretion and risk (and, if you are a parent or guardian consenting on behalf of a minor, you are responsible for evaluating AI Outputs before your child relies on them). You must not rely on AI Outputs as a substitute for professional judgment, and you must not rely on AI Outputs for medical, psychological, legal, financial, safety, or other decisions requiring a qualified professional. See also the Disclaimer section below.

Wellness and performance disclaimer. Tennis IQ® is designed to support athletes' mental resilience and performance through journaling, reflection, and mindfulness tools. Tennis IQ does not provide medical, psychological, or therapeutic advice, diagnosis, or treatment, is not a therapist or counselor, and is not a qualified mental-health professional. The content and features are provided for educational and performance purposes only and are not a substitute for professional mental-health or medical care. Users should consult a qualified healthcare provider for any medical or psychological concerns. If a parent or guardian has consented on behalf of a minor, the parent or guardian is responsible for determining whether the content is appropriate for the minor. The Services are not an emergency service and are not designed or intended to be relied upon to respond to emergencies. If you or someone else may be in crisis or danger, contact emergency services (for example, 911 in the United States or 112 in the European Union) or a crisis line such as the 988 Suicide & Crisis Lifeline (call or text 988 in the United States) immediately. As described in the AI Safety and Crisis Escalation section below, we maintain a protocol under which our AI coach is designed to surface crisis resources and may escalate certain interactions, but we do not guarantee detection of, or response to, any particular situation.

AI safety and crisis escalation. Our AI coach is an automated system, not a human, and not a mental-health professional. We maintain a safety protocol reasonably designed to prevent our AI coach from generating content that encourages suicide, self-harm, or similar harm, and to respond to messages that may indicate a user is at risk of self-harm, suicide, abuse, or harm to others. Where such a message is detected, the AI coach is designed to direct the user to crisis resources, which in the United States include the 988 Suicide & Crisis Lifeline (call or text 988) and the Crisis Text Line (text HOME to 741741), and, for users outside the United States, locale-appropriate emergency numbers and crisis lines. A summary of this protocol is published on our website.

Certain interactions may be escalated for human review and, where we reasonably believe it necessary to prevent or address a risk of serious harm, we may contact, as appropriate in the circumstances, emergency services, crisis-service providers, law enforcement, or, for a minor, the minor’s parent or legal guardian. We may decline to notify a parent or legal guardian where we reasonably believe that doing so could endanger the minor. Where we obtain actual knowledge of apparent child sexual abuse material, online enticement of a child, or child sex trafficking, we will report to the CyberTipline of the National Center for Missing & Exploited Children (NCMEC) and take related actions as required by 18 U.S.C. § 2258A. We do not guarantee that we will detect any particular message or situation, and these safeguards are not a substitute for emergency services or professional care.

AI disclosures. Our AI coach will indicate that it is artificially generated and not human. Companion or coaching chatbots may not be suitable for all minors. For users we know to be minors, we will provide a clear and conspicuous reminder at least every three (3) hours during a continuing interaction that the AI coach is artificially generated and not human and that the user may wish to take a break, consistent with the protocol summary published on our website.

INTELLECTUAL PROPERTY RIGHTS

Our intellectual property. We are the owner or the licensee of all intellectual property rights in our Services, including all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics in the Services (collectively, the "Content"), as well as the trademarks, service marks, and logos contained therein (the "Marks").

Our Content and Marks are protected by copyright and trademark laws (and various other intellectual property rights and unfair competition laws) and treaties in the United States and around the world. The Content and Marks are provided in or through the Services "AS IS" for your personal, non-commercial use only.

Your use of our Services. Subject to your compliance with these Legal Terms, including the "Prohibited Activities" section below, we grant you a non-exclusive, non-transferable, revocable license to access the Services and to download or print a copy of any portion of the Content to which you have properly gained access, solely for your personal, non-commercial use.

Except as set out in this section or elsewhere in our Legal Terms, no part of the Services and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission. We reserve all rights not expressly granted to you in and to the Services, Content, and Marks.

Any breach of these intellectual property rights will constitute a material breach of our Legal Terms and, at our election, your right to use our Services will terminate immediately.

Your submissions and contributions. By directly sending us any question, comment, suggestion, idea, feedback, or other information about the Services ("Submissions"), you hereby irrevocably assign to us all intellectual property rights in such Submission. You agree that we shall own this Submission and be entitled to its unrestricted use and dissemination for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to you. When you post contributions ("Contributions"), you grant us an unrestricted, unlimited, irrevocable, perpetual, non-exclusive, transferable, royalty-free, fully-paid, worldwide right and license to use, copy, reproduce, distribute, sell, sublicense, publish, broadcast, store, publicly perform, publicly display, reformat, translate, and exploit your Contributions (including your image, name, and voice, and, if you are a parent or guardian consenting on behalf of a minor, the minor’s image, name, and voice) for any purpose, and to prepare derivative works of or incorporate them into other works. You are solely responsible for your Submissions and Contributions and you expressly agree to reimburse us for any and all losses that we may suffer because of your breach of this section, your infringement or misappropriation of any third party's intellectual property rights, or your violation of applicable law.

USER REPRESENTATIONS

By using the Services, you represent and warrant that: (1) all registration information you submit will be true, accurate, current, and complete; (2) you will maintain the accuracy of such information and promptly update such registration information as necessary; (3) you have the legal capacity and you agree to comply with these Legal Terms; (4) if you are under the age of 18, you are using the Services with the permission and supervision of a parent or legal guardian who has agreed to these Legal Terms; (5) if you are under the age of 13, a parent or legal guardian has created or approved your account, is the account holder, and has provided verifiable parental consent as described in Section 4; (6) if you are agreeing to these Legal Terms on behalf of a minor child, you are that child's parent or legal guardian, you accept these Legal Terms on the child's behalf, and you make the representations in this section on the child’s behalf; (7) you will not access the Services through automated or non-human means, whether through a bot, script, or otherwise; (8) you will not use the Services for any illegal or unauthorized purpose; and (9) your use of the Services will not violate any applicable law or regulation.

If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Services (or any portion thereof).

CHILDREN, MINORS, AND PARENTAL CONSENT

We take the privacy of children seriously and are committed to complying with the U.S. Children's Online Privacy Protection Act ("COPPA") and its implementing regulations with respect to children under the age of 13.

Children under 13. A child under the age of 13 may use the Services only through an account created or approved by the child's parent or legal guardian, and only after the parent or legal guardian has reviewed these Legal Terms and our Privacy Policy and provided verifiable parental consent to the collection, use, and disclosure of the child's personal information as described in our Privacy Policy. The parent or legal guardian is the account holder, is responsible for the account and for the child's use of the Services, and agrees to these Legal Terms on the child's behalf. We do not condition a child's participation in an activity on the child disclosing more personal information than is reasonably necessary to participate in that activity.

School or program authorization. Where a school, camp, academy, or similar institution integrates the Services into an educational or program-related activity for children under 13, we may, to the extent permitted by COPPA, rely on the institution’s authorization to collect personal information from those children in lieu of obtaining verifiable parental consent directly from each parent or legal guardian, provided the institution has entered into a written agreement with us governing such use. In that case, the institution represents and warrants that it is authorized to act as the agent of the participating children’s parents or legal guardians, that it has provided any notice and obtained any parental permissions required under applicable law, and that it will direct our use of the children’s personal information solely for the educational or program-related purpose for which it was collected. We use personal information collected under this pathway only to provide the applicable Services and not for behavioral advertising or any commercial purpose unrelated to that context. A parent or legal guardian may contact us or the institution to review, delete, or refuse further collection or use of their child’s personal information.

Age screening. We ask users to provide their date of birth or otherwise confirm their age when they register for the Services. If we determine that a user is under 13, we do not collect personal information from that user until the verifiable parental consent process described in this Section 4 has been completed.

How we obtain and retain verifiable parental consent. Before we collect personal information from a child under 13, we require the parent or legal guardian to complete our in-app parental-consent process and to verify their identity and authority to consent through a method reasonably designed to ensure that the person providing consent is the child’s parent or legal guardian, consistent with COPPA (which may include, for example, a monetary transaction using a credit or debit card, a government-issued identification checked against a database, or a signed consent form returned to us). As part of this process, the parent or legal guardian expressly consents to, and authorizes, our safety-notification practices described in the AI Safety and Crisis Escalation section, including our contacting the parent or legal guardian (and, where we reasonably believe it necessary to prevent or address a risk of serious harm, emergency services, crisis-service providers, or law enforcement) using the contact information provided during registration or consent, and acknowledges that we may decline to notify the parent or legal guardian where we reasonably believe that doing so could endanger the child. We create and retain a dated record of each consent we obtain, including the identity of the consenting parent or guardian, the verification method used, the scope of the collection, use, and disclosure consented to, and the parent or guardian’s authorization of the safety-notification practices described above, and we maintain that record for as long as the child’s account remains active and for a reasonable period thereafter as required by applicable law. A parent or legal guardian may request a copy of the consent record on file by contacting us at hello@tennisiq.app.

Information we collect from children and how we use it. Where a child under 13 uses the Services with verifiable parental consent, we collect only the personal information reasonably necessary for the child to use the Services (which may include the child's first and last name, date of birth, and the tennis-, training-, and progress-related information the child enters). We use this information to operate and provide the Services to the child and do not use it for behavioral advertising, and we do not knowingly disclose it to third parties except to service providers that support the Services and are contractually required to keep it confidential and secure, or as required by law. We maintain reasonable procedures designed to protect the confidentiality, security, and integrity of the personal information we collect from children, and we retain such information only for as long as reasonably necessary to fulfill the purpose for which it was collected.

Parental rights. At any time, a parent or legal guardian may review the personal information we have collected from their child, direct us to delete that information, and refuse to permit further collection or use of the child's information by contacting us at hello@tennisiq.app or +1 (617) 922-3550. If a parent or legal guardian revokes consent, we will promptly stop collecting personal information from the child, close or restrict the child's access to the Services as appropriate, and delete the child's personal information within a reasonable time (and in no event later than thirty (30) days after the request) in accordance with our retention practices and applicable law.

Children between 13 and 18. Minors who are at least 13 but under the age of majority in their jurisdiction (generally 18) may use the Services only with the permission and supervision of a parent or legal guardian who has agreed to these Legal Terms. The parent or legal guardian is responsible for the minor’s use of the Services.

If we learn a child is using the Services without consent. If we become aware that a child under 13 has created an account or provided personal information without the verifiable parental consent required by this section, we will promptly take reasonable steps to delete the information and close the account, unless we are able to obtain the required verifiable parental consent within a reasonable period (not to exceed thirty (30) days).

USER REGISTRATION

You may be required to register to use the Services. You agree to keep your password confidential and will be responsible for all use of your account and password. You must notify us immediately at hello@tennisiq.app if you become aware of any unauthorized use of your account. We reserve the right to remove, reclaim, or change a username you select if we determine, in our sole discretion, that such username is inappropriate, obscene, or otherwise objectionable.

PURCHASES AND PAYMENT

We accept the following forms of payment: Visa, Mastercard, American Express, Discover, and PayPal. Purchases made through the Apple App Store or Google Play are processed by those app stores in accordance with their terms. You agree to provide current, complete, and accurate purchase and account information for all purchases made via the Services and to promptly update account and payment information. Sales tax will be added to the price of purchases as required by applicable law. We may change prices for non-subscription purchases at any time. All payments shall be in US dollars. You authorize us (or the applicable app store) to charge your chosen payment method for the total amounts due upon placing your order, including applicable taxes. We reserve the right to refuse any order and to limit or cancel quantities purchased, in each case in our reasonable discretion.

SUBSCRIPTIONS

Billing and renewal. Your subscription will continue and automatically renew at the then-current subscription rate for successive periods of the same duration as your initial billing cycle, unless canceled. You consent to our charging your payment method (or the applicable app store charging your payment method) on a recurring basis without requiring your prior approval for each recurring charge, until such time as you cancel the applicable order. The length of your billing cycle and applicable fees will depend on the type of subscription plan you choose and will be disclosed to you before you complete your purchase.

Free trial. We may offer, from time to time, a free trial of varying lengths to new users. We will disclose the applicable subscription fee and billing terms before you start the free trial. The account will be charged according to the user's chosen subscription at the end of the free trial unless canceled beforehand. We will send a reminder notice to the email address or through the device associated with your account at least three (3) days before the free trial expires and charges begin. You may cancel at any time during the free trial through the methods described in the Cancellation provision below.

Cancellation. You can cancel your subscription at any time by logging into your account or through the applicable app store. Your cancellation will take effect at the end of the current paid term.

Fee changes. We may, from time to time, make changes to the subscription fee and will communicate any price changes to you at least thirty (30) days before the change takes effect, via the Services, email, or the applicable app store notification process. If you do not agree to the new fee, you may cancel your subscription before the price change takes effect in accordance with the Cancellation provision above.

PROHIBITED ACTIVITIES

You may not access or use the Services for any purpose other than that for which we make the Services available. The Services may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us. As a user of the Services, you agree not to, among other things: systematically retrieve data or other content to create or compile a collection, compilation, database, or directory without written permission from us; trick, defraud, or mislead us or other users; circumvent, disable, or otherwise interfere with security-related features of the Services; disparage, tarnish, or otherwise harm, in our opinion, us or the Services; use any information obtained from the Services to harass, abuse, or harm another person; make improper use of our support services or submit false reports of abuse or misconduct; use the Services in a manner inconsistent with any applicable laws or regulations; upload or transmit viruses, Trojan horses, or other material that interferes with the Services; engage in any automated use of the system; attempt to impersonate another user or person; collect, harvest, or store personal information (including names, contact details, or images) of other users without their express consent; interfere with, disrupt, or create an undue burden on the Services; decipher, decompile, disassemble, or reverse engineer any of the software comprising the Services except as permitted by applicable law; or use the Services as part of any effort to compete with us or for any unauthorized revenue-generating endeavor or commercial enterprise.

USER GENERATED CONTRIBUTIONS

The Services may invite you to chat, contribute to, or participate in blogs, message boards, online forums, and other functionality, and may provide you with the opportunity to create, submit, post, display, transmit, perform, publish, distribute, or broadcast content and materials, including text, writings, video, audio, photographs, graphics, comments, suggestions, or personal information (collectively, "Contributions"). Contributions may be viewable by other users of the Services and through third-party websites. Users under the age of 13 may not include personal information in their Contributions except as permitted by the parental consent obtained under Section 4. When you create or make available any Contributions, you represent and warrant that, among other things: your Contributions do not and will not infringe the proprietary rights of any third party; you have the necessary licenses, rights, consents, and permissions to use and authorize use of your Contributions; you have obtained the necessary consent of each identifiable individual in your Contributions to use their name or likeness; your Contributions are not false, inaccurate, or misleading; are not unsolicited or unauthorized advertising; are not obscene, lewd, violent, harassing, libelous, or otherwise objectionable; do not violate any applicable law, regulation, or rule; do not violate the privacy or publicity rights of any third party; and do not violate any applicable law concerning child pornography or otherwise intended to protect the health or well-being of minors.

CONTRIBUTION LICENSE

By posting your Contributions to any part of the Services, you automatically grant, and you represent and warrant that you have the right to grant, to us an unrestricted, unlimited, irrevocable, perpetual, non-exclusive, transferable, royalty-free, fully-paid, worldwide right and license to host, use, copy, reproduce, disclose, sell, sublicense, publish, broadcast, store, publicly perform and display, reformat, translate, exploit, and distribute such Contributions (including your image, name, and voice) for any purpose, and to prepare derivative works of or incorporate them into other works. We do not assert any ownership over your Contributions; you retain full ownership of your Contributions and any intellectual property or other proprietary rights associated with them. We are not liable for any statements or representations in your Contributions. We have the right, in our sole discretion, to edit, redact, re-categorize, pre-screen, or delete any Contributions at any time and for any reason, without notice. We have no obligation to monitor your Contributions.

GUIDELINES FOR REVIEWS

We may provide you areas on the Services to leave reviews or ratings. When posting a review, you must comply with the following criteria: you must have firsthand experience with the person or entity being reviewed; your reviews must not contain offensive, abusive, racist, or hateful language, or discriminatory references; your reviews must not reference illegal activity; you must not be affiliated with competitors if posting negative reviews; you must not make conclusions as to the legality of conduct; you may not post false or misleading statements; and you may not organize a campaign encouraging others to post reviews. We may accept, reject, or remove reviews in our sole discretion and have no obligation to screen or delete reviews.

Reviews are not endorsed by us and do not necessarily represent our opinions. We do not assume liability for any review or for any claims, liabilities, or losses resulting from any review.

MOBILE APPLICATION LICENSE

Use license. If you access the Services via the App, we grant you a revocable, non-exclusive, non-transferable, limited right to install and use the App on wireless electronic devices owned or controlled by you, strictly in accordance with these Legal Terms. You shall not, except as permitted by applicable law: decompile, reverse engineer, disassemble, attempt to derive the source code of, or decrypt the App; make any modification, adaptation, improvement, enhancement, translation, or derivative work from the App; violate any applicable laws in connection with your access or use of the App; remove, alter, or obscure any proprietary notice posted by us or the licensors of the App; use the App for any revenue-generating endeavor or commercial enterprise for which it is not designed; make the App available over a network permitting access by multiple devices or users at the same time; use the App to create a product or service that is competitive with the App; or use the App to send automated queries or unsolicited commercial email.

Apple and Android devices. The following terms apply when you use the App obtained from either the Apple App Store or Google Play (each an "App Distributor"): the license granted to you is limited to a non-transferable license to use the App on a device that utilizes the applicable operating system and in accordance with the App Distributor's usage rules; we are responsible for providing maintenance and support for the App solely as set forth in these Legal Terms (including the Disclaimer section) or as required by applicable law, and you acknowledge that each App Distributor has no obligation to furnish maintenance and support services; in the event of any failure of the App to conform to any applicable warranty, you may notify the applicable App Distributor, and the App Distributor may refund the purchase price, if any, and will have no other warranty obligation to the maximum extent permitted by applicable law; you represent and warrant that you are not located in a country subject to a US government embargo or designated as a "terrorist supporting" country and are not listed on any US government list of prohibited or restricted parties; you must comply with applicable third-party terms of agreement when using the App; and you acknowledge that the App Distributors are third-party beneficiaries of these Legal Terms and will have the right to enforce them against you.

SOCIAL MEDIA

You may link your account with third-party accounts by providing your third-party account login information or allowing us to access your third-party account as permitted under the applicable terms governing your use of each third-party account. Users under the age of 13 may not link third-party accounts without the prior consent of their parent or legal guardian. You represent that you are entitled to disclose your third-party account login information to us or grant us access without breach of the terms governing your use of the applicable third-party account and without obligating us to pay any fees or subjecting us to usage limitations. By granting us access, you understand that we may access, make available, and store any content you have provided to and stored in your third-party account, and submit and receive additional information to the extent you are notified when you link your account. Your relationship with third-party service providers is governed solely by your agreements with them. You may disable the connection between your account on the Services and your third-party accounts at any time.

THIRD-PARTY WEBSITES AND CONTENT

The Services may contain links to other websites ("Third-Party Websites") as well as articles, photographs, text, graphics, and other content originating from third parties ("Third-Party Content"). Such Third-Party Websites and Third-Party Content are not investigated, monitored, or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for them. Inclusion of, linking to, or permitting the use or installation of any Third-Party Websites or Third-Party Content does not imply approval or endorsement by us. If you access Third-Party Websites or use Third-Party Content, you do so at your own risk, and these Legal Terms do not govern your use of or interaction with those Third-Party Websites or Third-Party Content. Any purchases you make through Third-Party Websites are between you and the applicable third party, and we take no responsibility for such purchases. You agree to indemnify, defend, and hold us and our affiliates, officers, agents, and employees harmless from any harm, loss, liability, claim, or demand (including reasonable attorneys’ fees) caused by or arising out of your use of Third-Party Websites or Third-Party Content.

ADVERTISERS

We may allow advertisers to display their advertisements and other information in certain areas of the Services. We simply provide the space to place such advertisements, and we have no other relationship with advertisers other than as may be described in our Privacy Policy or separate advertising agreements. We do not permit behavioral advertising directed to children under 13.

SERVICES MANAGEMENT

We reserve the right, but not the obligation, to: (1) monitor the Services for violations of these Legal Terms; (2) take appropriate legal action against anyone who, in our sole discretion, violates the law or these Legal Terms, including reporting such user to law enforcement authorities; (3) in our sole discretion and without limitation, refuse, restrict access to, limit the availability of, or disable any of your Contributions; (4) in our sole discretion and without limitation, notice, or liability, remove from the Services or otherwise disable all files and content that are excessive in size or otherwise burdensome to our systems (subject, where applicable, to parental notification rights under Section 4); and (5) otherwise manage the Services in a manner designed to protect our rights and property and to facilitate the proper functioning of the Services. Nothing in these Legal Terms creates a general obligation to monitor user content or communications; however, we do maintain, and will act consistent with, the safety protocol described in the AI Safety and Crisis Escalation section.

PRIVACY POLICY

We care about data privacy and security. Please review our Privacy Policy: https://app.40lovemindset.com/privacy. By using the Services, you agree to be bound by our Privacy Policy, which is incorporated into these Legal Terms. The Services are hosted in the United States. If you access the Services from outside the United States, then through your continued use of the Services you are transferring your data to the United States, and you acknowledge and agree that your data will be transferred to and processed in the United States (and, for users in the EEA, UK, or Switzerland, subject to the safeguards described in the “EEA and UK Users” section below). Our collection, use, and disclosure of personal information from children under 13 is governed by Section 4 (Children, Minors, and Parental Consent) and by the children's-privacy provisions of our Privacy Policy. If you are located in the European Economic Area, the United Kingdom, or Switzerland, please also see the “EEA and UK Users” section below, which describes the legal bases for our processing, the safeguards we use for international transfers, and your data-protection rights.

COPYRIGHT INFRINGEMENTS

We respect the intellectual property rights of others. If you believe that any material available on or through the Services infringes upon any copyright you own or control, please immediately submit a written notification to our designated copyright agent at hello@tennisiq.app (a “Notification”). To be effective, a Notification must comply with the requirements of 17 U.S.C. 512(c)(3) and include: (i) identification of the copyrighted work claimed to have been infringed; (ii) identification of the material that is claimed to be infringing and information reasonably sufficient to permit us to locate the material; (iii) your contact information; (iv) a statement that you have a good faith belief that use of the material is not authorized by the copyright owner, its agent, or the law; and (v) a statement, made under penalty of perjury, that the information in the Notification is accurate and that you are authorized to act on behalf of the copyright owner. If we remove or disable access to material in response to a valid Notification, we will make a good-faith effort to notify the person who posted or stored the material so that they may submit a counter-notification under 17 U.S.C. 512(g). Please be advised that pursuant to 17 U.S.C. 512(f) you may be held liable for damages if you make material misrepresentations in a Notification. If you are not sure that material located on or linked to by the Services infringes your copyright, you should consider first contacting an attorney.

TERM AND TERMINATION

These Legal Terms shall remain in full force and effect while you use the Services. WITHOUT LIMITING ANY OTHER PROVISION OF THESE LEGAL TERMS, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE SERVICES (INCLUDING BLOCKING CERTAIN IP ADDRESSES) TO ANY PERSON FOR ANY REASON OR FOR NO REASON, INCLUDING FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE LEGAL TERMS

OR OF ANY APPLICABLE LAW OR REGULATION. If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party. If we terminate your account other than for your breach of these Legal Terms, we will refund any prepaid subscription fees on a pro-rata basis for the unused portion of the then-current billing period. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action.

MODIFICATIONS AND INTERRUPTIONS

We reserve the right to change, modify, or remove the contents of the Services at any time or for any reason at our sole discretion without notice. We have no obligation to update any information on our Services. We cannot guarantee the Services will be available at all times and may experience hardware, software, or other problems or need to perform maintenance, resulting in interruptions, delays, or errors. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Services during any downtime or discontinuance, except as expressly provided in these Legal Terms with respect to refunds. Nothing in these Legal Terms obligates us to maintain and support the Services or to supply any corrections, updates, or releases.

GOVERNING LAW

These Legal Terms and your use of the Services are governed by and construed in accordance with the laws of the Commonwealth of Massachusetts applicable to agreements made and to be entirely performed within the Commonwealth of Massachusetts, without regard to its conflict of law principles.

DISPUTE RESOLUTION

Informal negotiations. To expedite resolution and control the cost of any dispute, controversy, or claim related to these Legal Terms (each a "Dispute"), you and we agree to first attempt to negotiate any Dispute (except those expressly excluded below) informally for at least thirty (30) days before initiating arbitration. Such informal negotiations commence upon written notice from one party to the other, sent to the contact information set forth in the Contact Us section below (or, for notices to you, to the email address associated with your account).

Binding arbitration. If the parties are unable to resolve a Dispute through informal negotiations, the Dispute (except those expressly excluded below) will be finally and exclusively resolved by binding arbitration. YOU UNDERSTAND THAT WITHOUT THIS PROVISION, YOU WOULD

HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL. The arbitration shall be commenced and conducted under the Commercial Arbitration Rules of the American Arbitration Association ("AAA") and, where appropriate, the AAA's Supplementary Procedures for Consumer Related Disputes. Your arbitration fees and your share of arbitrator compensation shall be governed by the AAA Consumer Rules and, where appropriate, limited by them; if such costs are determined by the arbitrator to be excessive, we will pay all arbitration fees and expenses. The arbitration may be conducted in person, through the submission of documents, by phone, or online. Except where otherwise required by the applicable AAA rules or applicable law, the arbitration will take place in Plymouth County, Massachusetts. If for any reason a Dispute proceeds in court rather than arbitration, the Dispute shall be commenced or prosecuted in the state and federal courts located in Plymouth County or Suffolk County, Massachusetts, and the parties consent to and waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to venue and jurisdiction in such courts. In no event shall any Dispute brought by either party related in any way to the Services be commenced more than one (1) year after the cause of action arose, except where applicable law does not permit contractual shortening of the otherwise applicable limitation period.

Restrictions. The parties agree that any arbitration shall be limited to the Dispute between the parties individually. To the full extent permitted by law, (a) no arbitration shall be joined with any other proceeding; (b) there is no right or authority for any Dispute to be arbitrated on a

class-action basis or to utilize class-action procedures; and (c) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.

Exceptions. The parties agree that the following Disputes are not subject to the above provisions concerning informal negotiations and binding arbitration: (a) any Disputes seeking to enforce or protect, or concerning the validity of, any intellectual property rights of a party; (b) any Dispute related to, or arising from, allegations of theft, piracy, invasion of privacy, or unauthorized use; (c) any claim for injunctive relief; and (d) any claim that applicable law expressly prohibits from being submitted to binding arbitration.

CORRECTIONS

There may be information on the Services that contains typographical errors, inaccuracies, or omissions, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Services at any time, without prior notice, except where these Legal Terms expressly require advance notice for a particular type of change (such as subscription fee changes).

DISCLAIMER

THE SERVICES ARE PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICES AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SERVICES' CONTENT, INCLUDING ANY AI OUTPUTS OR OTHER CONTENT GENERATED BY AUTOMATED SYSTEMS, AND, TO THE FULLEST EXTENT PERMITTED BY LAW AND SUBJECT TO THE LIMITATIONS OF LIABILITY SECTION BELOW, WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, INCLUDING AI OUTPUTS; (2) PERSONAL INJURY OR PROPERTY DAMAGE OF ANY NATURE RESULTING FROM YOUR ACCESS TO AND USE OF THE SERVICES; (3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY PERSONAL OR FINANCIAL INFORMATION STORED THEREIN; (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICES; (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH THE SERVICES BY ANY THIRD PARTY; AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES. AI OUTPUTS AND WELLNESS, MINDFULNESS, AND PERFORMANCE CONTENT ARE PROVIDED FOR EDUCATIONAL AND PERFORMANCE PURPOSES ONLY, ARE NOT PROFESSIONAL MEDICAL, PSYCHOLOGICAL, OR THERAPEUTIC ADVICE, AND MUST NOT BE RELIED UPON AS A SUBSTITUTE FOR PROFESSIONAL JUDGMENT OR CARE. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.

LIMITATIONS OF LIABILITY

IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR AGGREGATE LIABILITY TO YOU FOR ANY DIRECT DAMAGES ARISING FROM ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO US DURING THE SIX (6) MONTH PERIOD PRIOR TO ANY CAUSE OF ACTION ARISING. THE FOREGOING LIMITATIONS SHALL NOT APPLY TO LIABILITY ARISING FROM OUR FRAUD, WILLFUL MISCONDUCT, OR GROSS NEGLIGENCE. CERTAIN US STATE LAWS AND INTERNATIONAL LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.

INDEMNIFICATION

You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys' fees and expenses, made by any third party due to or arising out of: (1) your Contributions; (2) your misuse of the Services; (3) breach of these Legal Terms, including any breach of your representations and warranties set forth herein; (4) your violation of the rights of a third party, including but not limited to intellectual property rights; or (5) any overt harmful act toward any other user of the Services with whom you connected via the Services. Your indemnification obligations under this section are limited to the amounts actually awarded or settled in the underlying third-party claim plus reasonable defense costs. Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding subject to this indemnification upon becoming aware of it.

USER DATA

We will maintain certain data that you transmit to the Services for the purpose of managing the performance of the Services, as well as data relating to your use of the Services. Although we may perform routine backups of data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the Services. You agree that we shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against us arising from any such loss or corruption, except to the extent caused by our gross negligence or willful misconduct.

ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES

Visiting the Services, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the Services, satisfy any legal requirement that such communication be in writing. YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE SERVICES.

SMS TEXT MESSAGING

SMS consent and opting out. By providing your mobile phone number and opting in, you consent to receive recurring automated SMS messages from us related to your account and the Services. Message frequency varies. Message and data rates may apply. Carriers are not liable for delayed or undelivered messages. If at any time you wish to stop receiving SMS messages from us, simply reply to the text with “STOP.” You may receive an SMS message confirming your opt-out. Reply “HELP” for assistance.

Message and data rates. Message and data rates may apply to any SMS messages sent or received. The rates are determined by your carrier and the specifics of your mobile plan.

Support. If you have any questions or need assistance regarding our SMS communications, please email us at hello@tennisiq.app or call +1 (617) 922-3550.

CALIFORNIA USERS AND RESIDENTS

If any complaint with us is not satisfactorily resolved, you can contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento, California 95834 or by telephone at (800) 952-5210 or (916) 445-1254.

EEA AND UK USERS

This section applies to users located in the European Economic Area (“EEA”), the United Kingdom (“UK”), or Switzerland to the extent the EU General Data Protection Regulation (“GDPR”) or the UK GDPR applies to our processing of your personal data. In the event of any conflict between this section and another provision of these Legal Terms with respect to such users, this section controls as to the exercise of data-subject rights, legal bases for processing, and international transfer safeguards described herein.

Controller. For personal data processed in connection with the Services, the data controller is 40 Love Mind Set LLC, 2 Washington St, Pembroke, MA 02359, United States. You can reach us regarding data protection at hello@tennisiq.app.

Legal bases. We process your personal data on the legal bases set out in our Privacy Policy, including performance of our contract with you, our legitimate interests, your consent (which you may withdraw at any time), and compliance with legal obligations.

Emergency and vital-interest disclosures. Notwithstanding any other provision of these Legal Terms or our Privacy Policy, where we reasonably believe it is necessary to prevent or address a risk of serious harm — including a risk to any person’s life or physical safety, or a risk of abuse, self-harm, suicide, or harm to others — we may voluntarily access, use, and disclose personal data to emergency responders, crisis-service providers, law enforcement, and, where appropriate, a user’s parent or legal guardian, using the contact information available to us. For users to whom the GDPR or UK GDPR applies, we rely on the protection of the vital interests of the data subject or another natural person (Article 6(1)(d)) and/or our legitimate interests and those of third parties in preventing serious harm (Article 6(1)(f)) as the legal basis for such processing. These disclosures are consistent with, and made in accordance with, the AI Safety and Crisis Escalation section above; we may decline to notify a parent or legal guardian where we reasonably believe that doing so could endanger the user, and we do not guarantee that we will detect or respond to any particular situation.

International transfers. The Services are operated from, and your personal data is transferred to and processed in, the United States. Where required by applicable data-protection law, we will put in place appropriate safeguards for such transfers, which may include the European Commission’s Standard Contractual Clauses and the UK International Data Transfer Addendum. A copy of any such safeguards in effect is available on request.

Your rights. Subject to applicable law, you may exercise the data-subject rights described in our Privacy Policy (including access, rectification, erasure, restriction, objection, data portability, withdrawal of consent, and rights regarding solely automated decision-making). You may also lodge a complaint with your local supervisory authority, such as (in the UK) the Information Commissioner’s Office. To exercise any of these rights, contact us at hello@tennisiq.app; we will respond within the time required by applicable law.

Retention. We retain personal data only for as long as necessary for the purposes described in these Legal Terms and our Privacy Policy, or as required by applicable law.

This section describes rights we make available to EEA and UK users; it does not itself constitute a representation that the Services are fully compliant with the GDPR or UK GDPR in all respects.

MISCELLANEOUS

These Legal Terms and any policies or operating rules posted by us on the Services constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Legal Terms shall not operate as a waiver of such right or provision. These Legal Terms operate to the fullest extent permissible by law. We may assign any or all of our rights and obligations to others at any time; provided that we will notify you of any such assignment by updating these Legal Terms or by notice through the Services, and the assignee will be bound by the obligations of these Legal Terms, including with respect to children’s personal information. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control. If any provision or part of a provision of these Legal Terms is determined to be unlawful, void, or unenforceable, that provision or part is deemed severable from these Legal Terms and does not affect the validity and enforceability of any remaining provisions. There is no joint venture, partnership, employment, or agency relationship created between you and us as a result of these Legal Terms or use of the Services. You agree that these Legal Terms will not be construed against us solely by virtue of having drafted them, except to the extent applicable law requires otherwise.

CONTACT US

In order to resolve a complaint regarding the Services or to receive further information regarding use of the Services, or to exercise parental rights regarding a child's personal information, please contact us at:

40 Love Mind Set LLC

2 Washington St

Pembroke, MA 02359

United States

Phone: +1 (617) 922-3550

Email: hello@tennisiq.app