TumbleTrust

Terms of Service

These Terms govern a Gym's subscription to TumbleTrust and use by authorized adults. The final contract should include a Gym order form and a separate data-processing schedule. No child or athlete may create an account under the current product model.

Parties and Agreement

These Terms are between Chaos Goblin Development Studios and the Gym identified in an accepted order form. Adult users act for the Gym or as an invited Parent or guardian. By using an account, an adult agrees to the user obligations that apply to their role. Clickwrap is acceptable for this method of acceptance.

Service

CGDS provides hosted account, enrollment, authorization, lesson-report, messaging, and temporary-media functions described in the current documentation and order form. CGDS may improve the service, but will not materially reduce contracted core functions during a paid term without the notice and remedy stated in the final agreement.

Account Roles

  • Gym Admins manage Gym rosters, adult invitations, Coach assignments, guardian-authority corroboration, and enrollment operations. They cannot provide consent for a guardian, bypass activation requirements, or change platform legal policies.
  • Coaches access only athletes assigned to them and may create reports, messages, and temporary media within that assignment.
  • Parents and guardians access only athletes for whom their own relationship is authorized. Each guardian completes their own required authorization.
  • CGDS platform-policy administrators, reviewers, and publishers are separate governance roles. Gym membership does not grant those capabilities.

Gym Responsibilities

  • Enroll only legitimate participants and use accurate authorized adult contacts.
  • Verify staff, keep roles and assignments current, remove departed users promptly, and prohibit shared accounts.
  • Corroborate guardian authority through the approved Gym process without consenting for the guardian or uploading unnecessary identity or custody documents.
  • Set and enforce professional content rules for reports, messages, and media, including the prohibition on unnecessary medical, financial, identity, and custody information.
  • Promptly report disputes, incorrect contacts, access errors, suspected compromise, and legal or safety requests.
  • Obtain any Gym-level permissions or notices that the final responsibility schedule assigns to the Gym.

Adult User Responsibilities

Users must provide accurate account information, protect credentials, use only their own account, keep devices reasonably secure, and promptly report suspected misuse. Users may access and use information only for authorized coaching, guardian, administrative, privacy, or support purposes.

Prohibited Use

  • Access another Gym, athlete, guardian, or conversation without authorization.
  • Create false authority or consent evidence, impersonate another person, share credentials, or attempt to bypass server controls.
  • Use private information for advertising, sale, harassment, surveillance, discrimination, AI training, or unrelated purposes.
  • Upload malware, illegal content, unnecessary sensitive information, or material the user lacks authority to provide.
  • Copy or distribute temporary media except through an expressly authorized entitlement and purpose.
  • Reverse engineer, disrupt, scrape, overload, or test the service outside a written security-testing authorization, except where law forbids this restriction.

Platform and Customer Rights

CGDS owns TumbleTrust, including its software, design, documentation, branding, underlying technology, and platform policy system. The Gym and authorized users retain their rights in information and content they lawfully submit.

The Gym and authorized users grant CGDS a limited, nonexclusive license to host, store, process, transmit, secure, and delete submitted content solely as necessary to provide TumbleTrust, maintain its security and functionality, and comply with documented legal obligations. This license does not transfer ownership of customer content to CGDS.

Subject to the applicable subscription terms, CGDS grants the Gym a limited, nonexclusive, nontransferable right to access and use TumbleTrust for its authorized coaching and administrative activities.

CGDS may use voluntarily submitted feedback and suggestions to improve TumbleTrust and related platform technology without additional compensation, provided this does not authorize disclosure of confidential information or personal data.

CGDS may use appropriately aggregated or de-identified operational information for service reliability, security, and improvement, subject to applicable law and the Privacy Policy. Such information must not reasonably identify individual athletes, guardians, Coaches, or Gyms. This provision does not authorize the sale of personal information or the use of private athlete content to train AI models.

CGDS retains ownership of TumbleTrust's trademarks and branding. Gyms retain ownership of their respective names, logos, and branding and grant CGDS limited permission to display them within the service. Public promotional use of a Gym's identity requires separate authorization.

Privacy and Data Processing

The Privacy Policy describes how TumbleTrust collects, uses, protects, retains, and deletes personal information.

The Gym Data Processing Agreement defines the respective responsibilities of CGDS and the Gym concerning personal information, including applicable controller, processor, business, and service-provider roles; authorized processing purposes; subprocessors; security measures; privacy requests; incidents; audits; and data return or deletion.

In the event of a conflict among the agreements, the Gym Data Processing Agreement governs matters specifically concerning privacy, data processing, and data protection. The applicable Gym Order Form governs negotiated pricing and commercial terms. These Terms of Service govern all other matters.

Nothing in these agreements limits rights or obligations that cannot lawfully be waived or restricted.

Fees and Payment

Gym subscription fees, athlete-capacity limits, billing frequency, and any applicable discounts are specified in the Gym Order Form accepted by the Gym and CGDS.

Unless otherwise specified in the applicable Order Form, paid subscriptions are billed monthly at the agreed rate. Applicable taxes, payment methods, due dates, renewal terms, cancellation rights, and any authorized pricing adjustments will be disclosed before paid service begins.

CGDS may offer a limited complimentary or discounted pilot period under a separate Gym Order Form. A complimentary pilot does not automatically convert into a paid subscription without the Gym's express agreement to the applicable paid terms.

When implemented and enabled, recurring subscription payments may be processed through an authorized third-party payment provider. Any automatic renewal, failed-payment handling, suspension, refund, and cancellation procedures will be disclosed in the applicable commercial terms.

Pricing changes will not retroactively alter fees already paid. Any changes to an active subscription will be governed by the applicable Order Form and required advance notice.

The proposed premium Parent media-save feature is not commercially available and is not included in Gym subscriptions. Any future purchase or entitlement terms will be disclosed separately following product and legal approval.

The proposed premium media-save entitlement is not commercially available and is not included unless an order form expressly says otherwise after product and legal approval.

Service Availability and Support

CGDS will use commercially reasonable efforts to maintain TumbleTrust's availability, security, and functionality.

During the pilot period, CGDS does not guarantee uninterrupted availability or a specific uptime percentage. The service may be temporarily unavailable for maintenance, updates, technical failures, or circumstances outside CGDS's reasonable control.

CGDS will provide reasonable advance notice of planned maintenance when practical. Emergency maintenance may occur without advance notice when necessary to protect service security, integrity, or availability.

Support requests may be submitted through the designated TumbleTrust support email address identified in the applicable Gym Order Form. Routine support is provided during published business hours, Eastern Time, with a target acknowledgement within two business days. Resolution times are not guaranteed.

Security or privacy incidents will be prioritized according to their severity and applicable legal obligations.

During complimentary pilots, no contractual service credits are provided.

Authorized Gyms may request an export of their data, subject to appropriate identity verification, authorization, privacy protections, and the approved data-processing agreement.

Suspension and Termination

CGDS may suspend access when reasonably necessary to protect users, investigate suspected compromise or authority disputes, prevent unlawful activity, or address nonpayment following any required notice.

The Gym may terminate its subscription or pilot participation in accordance with its applicable Order Form.

CGDS may terminate this Agreement for a material breach that remains uncured thirty (30) days after written notice. CGDS may suspend or terminate immediately where serious security, safety, unlawful conduct, or other material risks make continued access inappropriate.

Upon termination, access to TumbleTrust and authorization for new processing will end, except as necessary to complete authorized data-export, retention, deletion, legal, or security obligations.

Subject to the approved Data Processing Agreement, the Gym may request an export of its eligible data within thirty (30) days following termination. Standard exports will use reasonably available machine-readable formats. Any custom migration or extraordinary assistance will require a separately agreed scope and fee.

Data return, deletion, lawful retention exceptions, legal holds, and backup expiration will follow the approved Data Processing Agreement and retention schedule. Termination does not automatically authorize deletion of records that must be preserved or information associated with other independently authorized parties.

Warranties and Disclaimers

CGDS will provide TumbleTrust with reasonable care and in material accordance with this Agreement and its applicable documentation.

TumbleTrust is an administrative, coaching communication, and athlete-progress platform. It does not provide medical advice, legal advice, custody determinations, emergency response services, or independent assessments of child safety.

Gyms remain responsible for their coaching decisions, staff supervision, athlete participation, and verification of information they provide or approve through the service.

Except for express commitments in this Agreement and warranties or rights that cannot lawfully be excluded, TumbleTrust is provided without additional express or implied warranties to the extent permitted by applicable law.

Liability and Indemnity

1.1 General Cap on Liability. EXCEPT FOR A PARTY’S EXPRESS INDEMNIFICATION OBLIGATIONS UNDER SECTION 2, OR LIABILITY ARISING FROM A PARTY'S WILLFUL MISCONDUCT, FRAUD, OR INDEPENDENT STATUTORY VIOLATIONS THAT CANNOT LAWFULLY BE LIMITED UNDER APPLICABLE LAW, IN NO EVENT SHALL EITHER PARTY’S AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE AND GROSS NEGLIGENCE), OR UNDER ANY OTHER THEORY OF LIABILITY, EXCEED THE GENERAL LIABILITY CAP SET FORTH HEREIN. ALL LEGAL DEFENSE EXPENSES AND ATTORNEY FEES BORNE BY A PARTY IN DEFENDING A COVERED CLAIM SHALL COUNT TOWARD THE APPLICATION OF THE CAPS SET FORTH IN THIS SECTION 1.

1.2 Phase-Based Caps. THE MAXIMUM EXTENT OF A PARTY'S LIABILITY UNDER SECTION 1.1 SHALL BE DETERMINED BY THE TIMING OF THE INCIDENT GIVING RISE TO THE CLAIM:

  • • (A) Pilot Phase Incident: IF THE INCIDENT OCCURRED DURING THE INITIAL SIX (6) MONTH FREE PILOT PHASE, THE GENERAL LIABILITY CAP SHALL BE $1,500, REGARDLESS OF WHETHER THE CLAIM IS BROUGHT DURING THE PILOT OR THE SUBSCRIPTION PHASE.
  • • (B) Subscription Phase Incident: IF THE INCIDENT OCCURRED DURING A PAID SUBSCRIPTION PHASE, THE GENERAL LIABILITY CAP SHALL BE THE GREATER OF $3,000 OR THE TOTAL AMOUNT PAID BY THE GYM TO CGDS IN THE TWELVE (12) MONTHS PRECEDING THE FIRST INCIDENT GIVING RISE TO LIABILITY.

1.3 Data Security Cap & Exceptions Hierarchy.

  • • (A) Data Breach Scope: NOTWITHSTANDING THE GENERAL LIABILITY CAP IN SECTION 1.1, A PARTY'S MAXIMUM AGGREGATE LIABILITY FOR THIRD-PARTY CLAIMS, REASONABLE INVESTIGATION COSTS, FORENSIC EXPENSES, REQUIRED NOTIFICATION COSTS, AND TRANSFERABLE REGULATORY FINES RESULTING FROM A SECURITY INCIDENT, UNAUTHORIZED ACCESS, OR DATA BREACH OF PERSONAL DATA ("DATA BREACH LIABILITY") SHALL BE GOVERNED EXCLUSIVELY BY THIS SECTION 1.3. THIS CAP APPLIES TO THE TOTAL CONCURRENT LOSSES REGARDLESS OF ACCUMULATED CONCONTRIBUTING FACTORS (SUCH AS CONCURRENT SOFTWARE GLITCHES OR STAFF INTERACTION).
  • • (B) Data Breach Limits: SUBJECT TO SECTION 1.3(C), DATA BREACH LIABILITY SHALL INCLUDE ALL RELATED DEFENSE COSTS AND BE CAPPED AT: (I) $5,000 FOR INCIDENTS OCCURRING DURING THE PILOT PHASE; AND (II) THE GREATER OF $5,000 OR TWO TIMES (2x) THE TOTAL AMOUNTS PAID BY THE GYM IN THE PRECEDING 12 MONTHS FOR INCIDENTS OCCURRING DURING THE SUBSCRIPTION PHASE.
  • • (C) Carve-outs: THE CEILING IN SECTION 1.3(B) SHALL NOT APPLY TO DATA BREACH LIABILITY TO THE EXTENT DIRECTLY CAUSED BY A PARTY'S INTENTIONAL FRAUD OR WILLFUL MISCONDUCT. GROSS NEGLIGENCE AND ALL OTHER TORTS REMAIN FULLY SUBJECT TO THE DATA BREACH LIABILITY LIMITS STATED HEREIN.

2. Indemnification & Defense Mechanics

2.1 CGDS Intellectual Property Indemnification. CGDS shall defend the Gym against any third-party claim alleging that the TumbleTrust application infringes or misappropriates such third party’s United States intellectual property rights, and shall indemnify the Gym against any damages finally awarded by a court of competent jurisdiction or settled in writing by CGDS. NOTWITHSTANDING ANY CONTRARY PROVISION, CGDS'S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THIS SECTION 2.1 SHALL BE CAPPED AT $15,000 DURING THE PILOT PHASE AND $25,000 DURING THE SUBSCRIPTION PHASE.

2.2 Gym Indemnification. The Gym shall defend, indemnify, and hold harmless CGDS and its officers, directors, and employees from and against any third-party claims, losses, damages, liabilities, or transferable regulatory penalties arising out of or related to:

  • • Gym Personnel Conduct: Any unauthorized, defamatory, or unlawful content uploaded to TumbleTrust directly by Gym personnel or staff.
  • • Enrollment & Authority Vetting: The Gym's failure to utilize its internal intake systems to verify valid parental or guardian-authority representations before provisioning user accounts to those individuals.
  • • Premises & Operations: Any physical injuries or athletic incidents occurring on the Gym's premises, except to the extent directly caused by the negligence or willful misconduct of CGDS.

Disputes and General Terms

Governing Law and Venue. This Agreement is governed by the laws of the State of Maryland, without regard to its conflict-of-laws principles. Subject to applicable law, disputes arising from this Agreement shall be brought in the state or federal courts having jurisdiction in Maryland.

Good-Faith Dispute Resolution. Before initiating litigation, the parties will attempt in good faith to resolve contractual disputes through written notice and reasonable discussion. Either party may seek immediate legal relief when necessary to protect confidential information, intellectual property, personal information, or other rights requiring urgent protection.

Notices. Formal notices under this Agreement may be delivered electronically to the designated contractual contact addresses identified in the applicable Gym Order Form. Each party is responsible for maintaining accurate contact information. Notices involving security incidents, privacy requests, or data-processing matters will also follow the applicable Data Processing Agreement.

Assignment. Neither party may assign this Agreement without the other party's prior written consent, which shall not be unreasonably withheld. CGDS may assign this Agreement in connection with a bona fide merger, acquisition, corporate reorganization, or sale of substantially all assets associated with TumbleTrust, provided the successor assumes the applicable contractual obligations and required data-protection safeguards.

Subcontracting and Service Providers. CGDS may engage qualified service providers to support TumbleTrust, subject to applicable confidentiality, security, data-processing, and subprocessor obligations. CGDS remains responsible for its contractual obligations concerning services performed by its providers.

Force Majeure. Neither party shall be responsible for delays or failures caused by events beyond its reasonable control, except for obligations that cannot lawfully be excused. The affected party shall provide reasonable notice, take appropriate mitigation measures, and resume performance as soon as reasonably practicable.

Amendments. Material changes to the agreed subscription pricing, allocation of responsibilities, liability provisions, or Data Processing Agreement require the parties' written agreement, except where a lawful modification process is expressly established in the applicable agreement.

Severability and Waiver. If a provision is held unenforceable, the remaining provisions will remain effective to the extent permitted by law. Failure to enforce a provision on one occasion does not constitute a waiver of the right to enforce it later.

Export Compliance. Each party shall comply with applicable United States export-control and sanctions requirements in connection with its use or provision of TumbleTrust.

Entire Agreement. These Terms of Service, the applicable Gym Order Form, and the Data Processing Agreement, together with documents expressly incorporated by reference, constitute the parties' complete agreement concerning TumbleTrust and supersede prior discussions on the same subject. Any inconsistency shall be resolved according to the agreed order-of-precedence provisions.

Survival. Provisions that by their nature must continue after expiration or termination—including accrued obligations, intellectual-property ownership, confidentiality, applicable limitations of liability, indemnification, dispute resolution, and required data-retention or deletion obligations—shall survive to the extent necessary to fulfill their purpose.

Electronic Signatures. The parties may execute this Agreement electronically and in counterparts, subject to applicable law. Electronic signatures and accepted electronic records shall have the same effect as their legally valid paper equivalents.