VAILegal

VAI TERMS OF SERVICE

Last Updated: February 2026

IMPORTANT NOTICE: MANDATORY ARBITRATION AND CLASS ACTION WAIVER

THIS AGREEMENT REQUIRES BINDING INDIVIDUAL ARBITRATION AND WAIVES YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION OR JURY TRIAL. PLEASE REVIEW SECTION 16 CAREFULLY.

1. PARTIES; ACCEPTANCE OF TERMS

These Terms of Service (“Terms”) constitute a legally binding agreement between you (“User,” “you,” or “your”) and Next Level Athlete, LLC, a Delaware limited liability company, doing business as “VAI” (“VAI,” “Company,” “we,” “us,” or “our”).

These Terms govern your access to and use of:

  • The VAI mobile application(s)
  • GameDay.vai.app
  • VAI+ subscription services
  • VAI Mentor artificial intelligence tools
  • Affiliate and referral dashboards
  • Digital reward systems (including VAI X)
  • APIs, communications tools, content, and all related services

(collectively, the “Platform”).

By accessing or using the Platform, you represent and warrant that:

  1. You are at least eighteen (18) years old;
  2. You possess legal capacity to enter into binding agreements;
  3. If acting on behalf of an entity, you have authority to bind such entity;
  4. You agree to comply with these Terms and all applicable laws.

If you do not agree, you must not access or use the Platform.

VAI may amend these Terms at any time in its sole discretion. Continued use constitutes acceptance.

2. DEFINITIONS

For purposes of these Terms:

“Affiliate” means a participant in VAI’s referral or commission program.

“AI Features” means VAI Mentor and any artificial intelligence or machine-learning powered functionality.

“Fees” means subscription fees, maintenance fees, usage fees, add-on fees, and other charges.

“Maintenance Fee” means the monthly fee applicable to Free accounts earning commissions above threshold levels.

“Platform Content” means all software, code, data, text, graphics, and proprietary materials owned by VAI.

“User Content” means any content uploaded or generated by Users.

“Tokens” means digital utility credits offered within the Platform (e.g., VAI X).

3. ELIGIBILITY AND ACCOUNT RESPONSIBILITY

You are solely responsible for:

  • Maintaining confidentiality of credentials
  • All activity under your account
  • Actions of employees, contractors, or sub-accounts
  • Compliance with marketing, privacy, youth protection, and telecommunications laws

VAI reserves the right to suspend or terminate accounts in its sole discretion.

4. PAYMENT, FEES, TAXES & REFUNDS

4.1 Subscription Fees

Certain services require payment, including VAI+ and VAI Mentor. Subscriptions automatically renew unless cancelled prior to renewal.

All Fees are non-refundable unless required by law.

4.2 Maintenance Fee (Free Commission-Earning Accounts)

If you maintain a Free-tier account and earn more than $50 USD in referral commissions in any calendar month, you agree to a $14.95 monthly Maintenance Fee, beginning that month.

This fee:

  • Applies only to Free-tier accounts
  • Is automatically deducted from commissions earned
  • Covers platform infrastructure, compliance, processing, and administrative costs

The Maintenance Fee is waived for users subscribed to VAI+ or VAI Mentor.

VAI reserves the right to modify the Maintenance Fee with notice.

4.3 Affiliate Commission Adjustments

Commissions may be reversed or clawed back in cases of:

  • Refunds
  • Chargebacks
  • Fraud
  • Self-referrals
  • Policy violations

You authorize VAI to offset future earnings.

4.4 Refund Policy

ALL FEES ARE NON-REFUNDABLE.

No refunds will be issued for:

  • Partial billing cycles
  • Failure to cancel
  • Unused subscriptions
  • AI usage
  • Token purchases

VAI may issue discretionary credits but is under no obligation to do so.

4.5 Taxes

You are solely responsible for all taxes related to:

  • Subscription purchases
  • Affiliate income
  • Token usage
  • Resale activity

VAI does not provide tax advice.

5. AFFILIATE PROGRAM

Affiliate participation requires acceptance of a separate Affiliate Agreement.

Affiliate status does not create employment, partnership, joint venture, or agency.

VAI may modify commission structures at any time.

Affiliates may not:

  • Make deceptive income claims
  • Violate advertising laws
  • Engage in spam or unlawful marketing

Violations may result in forfeiture of commissions and termination.

6. ARTIFICIAL INTELLIGENCE FEATURES

6.1 No Professional Advice

AI outputs are informational only and do not constitute:

  • Legal advice
  • Medical advice
  • Financial advice
  • Recruiting guarantees

You must independently verify AI-generated content.

6.2 No Guarantees

VAI makes no guarantee of:

  • Athletic performance
  • Recruiting success
  • Income generation
  • Affiliate results
  • Token value

6.3 User Responsibility

You are solely responsible for:

  • Reviewing AI-generated communications
  • Ensuring compliance with consent laws
  • Avoiding deceptive practices

You are the legal sender of all communications.

6.4 Risk Allocation

AI Features are provided “AS IS.”

Artificial intelligence is evolving and regulatory frameworks are rapidly changing. VAI shall not be liable for regulatory, reputational, financial, or compliance consequences arising from AI usage.

VAI may modify, restrict, or discontinue AI Features at any time.

7. DIGITAL TOKENS

Tokens are utility-based credits.

They:

  • Are not securities
  • Do not represent equity
  • Have no guaranteed monetary value

VAI may modify or discontinue token programs at any time.

8. INTELLECTUAL PROPERTY

All Platform Content is owned by VAI.

You receive a limited, revocable, non-transferable license.

You may not reverse engineer, copy, or create derivative works.

9. DISCLAIMERS

THE PLATFORM IS PROVIDED “AS IS” AND “AS AVAILABLE.”

VAI DISCLAIMS ALL WARRANTIES, INCLUDING MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.

VAI DOES NOT GUARANTEE BUSINESS SUCCESS OR PROFITABILITY.

10. LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY LAW:

VAI’s aggregate liability shall not exceed the greater of:

  • The amount paid by you in the prior three (3) months; or
  • One hundred U.S. dollars ($100) for free users.

VAI shall not be liable for indirect, incidental, punitive, or consequential damages.

11. INDEMNIFICATION (EXPANDED)

You agree to defend, indemnify, and hold harmless Next Level Athlete, LLC (d/b/a VAI), its officers, directors, members, employees, affiliates, agents, successors, and assigns from and against any and all claims, demands, actions, proceedings, damages, fines, penalties, losses, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising out of or relating to:

  1. Your use of the Platform;
  2. Your AI-generated communications;
  3. Your affiliate marketing;
  4. Your violation of law;
  5. Your tax obligations;
  6. Your misuse of tokens;
  7. Your data protection failures;
  8. Your communications with minors;
  9. Any claim by a third party arising from your User Content.

This indemnification obligation survives termination.

12. TERMINATION

VAI may suspend or terminate access:

  • For non-payment
  • For fraud
  • For regulatory risk
  • For violation of Terms

Data may be deleted after ninety (90) days post-termination.

13. FORCE MAJEURE

VAI shall not be liable for delays or failures caused by events beyond reasonable control.

14. LIMITATION ON TIME TO FILE CLAIMS

Any claim must be brought within three (3) months of the event giving rise to the claim.

15. EQUITABLE RELIEF

You acknowledge that breach may cause irreparable harm, entitling VAI to injunctive relief without bond.

16. GOVERNING LAW; ARBITRATION; CLASS ACTION WAIVER

These Terms are governed by the laws of the State of Delaware, without regard to conflict-of-law principles.

Any dispute shall be resolved by binding arbitration administered by the American Arbitration Association under its Commercial Rules.

  • Venue: Wilmington, Delaware
  • Arbitration governed by the Federal Arbitration Act
  • Claims must be brought individually
  • Class actions are waived
  • Jury trials are waived

Arbitration award may be entered in any court of competent jurisdiction.

17. COPPA YOUTH PRIVACY ADDENDUM

17.1 Parental Consent

VAI does not knowingly collect personal information from children under 13 without verifiable parental consent.

Parents must:

  • Create and manage child accounts
  • Provide consent
  • Monitor communications

17.2 Parental Rights

Parents may:

  • Review child data
  • Request deletion
  • Revoke consent

17.3 Safety Controls

VAI reserves the right to:

  • Monitor communications
  • Restrict interactions
  • Suspend accounts for safety concerns

Parents remain responsible for supervising minors’ AI usage.

18. ENTIRE AGREEMENT; SEVERABILITY

These Terms constitute the entire agreement between you and Next Level Athlete, LLC (d/b/a VAI).

If any provision is held unenforceable, remaining provisions remain in effect.