Terms of Use

Please read this Terms of Service ("Terms," "Terms of Service") carefully before using the FastModel Sports product(s) (the "Application") operated by FastModel Holdings, LLC, a(n) Limited Liability Company formed in Delaware, United States ("us," "we," "our") as this Terms of Service contains important information regarding limitations of our liability. Your access to and use of this Application is conditional upon your acceptance of and compliance with these Terms. These Terms apply to everyone, including but not limited to visitors, users and others, who wish to access and use the Application.

By accessing or using the Application, you agree to be bound by these Terms. If you disagree with any part of the Terms, then you do not have our permission to access or use the Application.

Our offers and pricing

We offer digital products. The price of these digital products is customized based on your needs. If you are purchasing consumer version of the product, prices are as stated on our website. This price includes all applicable taxes and other fees. PRODUCTS AVAILABLE ON THIS SITE You may purchase an end-user license for certain software products through this Site. Any and all such software is owned by us, our supplies or licensors and is protected by the U.S. and international intellectual property laws. Any software you download through this Site may only be used in accordance with and subject to the End User License Agreement that comes with the software. You will not be able to purchase the software license or install the software unless and until you agree to the terms of the End User License Agreement.

Purchases

FastModel uses third-party payment processing services and we do not access or store your credit card information. We are not responsible for the collection, use, sharing or security of your billing information by these third party payment processors. The following payment method(s) are accepted by the third party payment processors: all major credit cards. If you are an Enterprise customer, please contact billing@fastmodelsports.com for methods to pay your invoice.

You hereby represent and warrant that you have the legal right to use the payment method(s) in connection with any purchase and that the information that you supply to us and to the third party payment processor(s) is true, correct and complete.

BILLING. By providing FastModel with a payment method, you (i) represent that you are authorized to use the payment method that you provided and that any payment information you provide is true and accurate; (ii) authorize FastModel to charge you for the software or available content using your payment method; and (iii) authorize FastModel to charge you for any paid feature of the software that you choose to sign up for or use while these Terms are in force. We may bill you (a) in advance; (b) at the time of purchase; (c) shortly after purchase; or (d) on a recurring basis for subscription services. Also, we may charge you up to the amount you have approved, and we will notify you in advance of any change in the amount to be charged for recurring subscription services. We may bill you at the same time for more than one of your prior billing periods for amounts that haven't previously been processed. TRIAL PERIOD OFFERS. If you are taking part in any trial-period offer, you must cancel the trial by the end of the trial period to avoid incurring new charges, unless we notify you otherwise. If you do not cancel the trial by the end of the trial period, we may charge you for the service(s). PROMOTIONAL OFFERS. .From time to time, FastModel may offer software services for a trial period during which FastModel will not charge you for the services. FastModel reserves the right to charge you for such services (at the normal rate) in the event that FastModel determines (in its reasonable discretion) that you are breaching the terms and conditions of the offer. PRICE CHANGES. We may change the price of the Services at any time and if you have a recurring purchase, we will notify you by email at least 15 days before the price change. If you do not agree to the price change, you must cancel and stop using the services before the price change takes effect. If there is a fixed term and price for your service offer, that price will remain in force for the fixed term.

Cancellation policy

If you are a consumer purchaser and need to cancel your purchase within 30 days, please contact support@fastmodelsports.com. Otherwise, this Agreement may be terminated for cause, in whole or in part, by either party at any time by giving notice in writing to the other party, which notice shall be effective upon receipt for: (i) a material or incurable breach or (ii) for a breach or default by one party, where the breach or default is capable of cure, but remains uncured within thirty (30) days from the date the complaining party notifies the other party in writing of the breach or default.Refund Policy (only applicable to consumer purchases). If you are not completely satisfied with our product, we offer a 30-day Money Back Guarantee for new customers. You can request, and we will issue a full refund within 30 calendar days of purchase. This policy applies to new customers only and does not apply to renewals. Unless otherwise provided by law, by a particular service offer, or if you qualify for the 30-Day Money Back Guarantee, all purchases are final and non-refundable. If you believe that FastModel has charged you in error, you must contact us within 90 days of such charge. No refunds will be given for any charges more than 90 days old. We reserve the right to issue refunds or credits at our sole discretion. If we issue a refund or credit, we are under no obligation to issue the same or similar refund in the future. This refund policy does not affect any statutory rights that may apply.

Advance payments

We may ask you to provide an advance payment on any purchase made of the digital products offered by FastModel Sports.YOU ACKNOWLEDGE THAT THE SOFTWARE IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW NEITHER FastModel, ITS LICENSORS OR AFFILIATES, NOR ANY OF THE COPYRIGHT HOLDERS MAKE ANY REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON- INFRINGEMENT OF ANY THIRD PARTY PATENTS, COPYRIGHTS, TRADEMARKS, OR OTHER RIGHTS. THERE IS NO WARRANTY BY FASTMODEL OR BY ANY OTHER PARTY THAT THE FUNCTIONS CONTAINED IN THE SOFTWARE WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR- FREE. YOU ASSUME ALL RESPONSIBILITY AND RISK FOR THE SELECTION OF THE SOFTWARE TO ACHIEVE YOUR INTENDED RESULTS AND FOR THE INSTALLATION, USE, AND RESULTS OBTAINED FROM IT.Default and remedies. Customer is in default of this Agreement if (a) Customer fails to pay amount due; or (b) Customer breaches any other obligation under the terms of this Agreement. If Customer is in default, FastModel may in its sole discretion (i) declare the entire balance (if there is one) of the Agreement immediately due and payable; (ii) sue Customer for and receive the total amount due in accordance with this Agreement and costs associated with the lawsuit; (iii) charge Customer interest on all monies due at the rate of 18% per year or the highest rate permitted by law from the date of default; (iv) immediate terminate Customer’s access to the Software and/or Support.

Automatic renewals of subscriptions (Consumer purchases only)

When you purchase our consumer subscription, your subscription will automatically renew annually. If you are an Enterprise customer, your term is detailed on your invoice. We will automatically renew your subscription by using the payment method on file until you cancel your subscription.

You may cancel the automatic renewals of your subscription via Email by contacting us at support@fastmodelsports.com. Please note that you will no longer receive the items or services provided by the subscription on your cancellation effective date.

Recurring Payments. When you purchase the software, you acknowledge and agree that you are authorizing recurring payment, and payments shall be made to FastModel by the method you have chosen on annual basis, until the subscription for that service is terminated by you or by FastModel. By authorizing recurring payments, you are authorizing FastModel to process such payments as either electronic debits or fund transfers, or as electronic drafts from your designated account (in the case of Automated Clearing House or similar payments), or as charges to your designated account (in the case of credit card or similar payments) (collectively,"Electronic Payments"). Subscription fees are generally billed or charged in advance of the applicable subscription period. If any payment is returned unpaid or if any credit card or similar transaction is rejected or denied, FastModel or its service providers reserve the right to collect any applicable return item, rejection or insufficient funds fee and to process any such payment as an Electronic Payment. Automatic Renewal. Provided that automatic renewals are allowed in your state, your software license will automatically renew at the end of a fixed service period. We will remind you by email before any renewal for a new term, and notify you of any price changes. Once we have reminded you that you elected to automatically renew software license, we may automatically renew your services at the end of the current service period and charge you the then current price for the renewal term, unless you have chosen to cancel the services as described below. We will also remind you that we will bill your chosen payment method for the renewal, whether it was on file on the renewal date or provided later. We will also provide you with instructions on how you may cancel the services. You must cancel before the renewal date to avoid being billed for the renewal. No refunds will be issued after renewal dateDATA OWNERSHIP FastModel hereby acknowledges that Customer owns the exclusive rights in and to all data that is input by Customer (such as play diagrams, coaching notes, play drawings, play calls, terminology, team and player analysis) for FastModel to provide its Services (collectively, the “Data”). Except for the permitted use expressly set forth below, this Agreement does not grant or convey to FastModel any right, title, or interest in or to any Data, and FastModel has no ownership interest in, or other protectible proprietary right with respect to, the Data nor any derivatives thereof. For the avoidance of doubt, derivates does not include proprietary reports created by FastModel’s software which include statistical data (e.g., game statistics) other than the Data. FastModel agrees that: (a) it shall not file for any registration of any rights in the Data, including, without limitation, any copyright, trademark, or service mark with respect to any Data; and (b) any protectible proprietary rights in and to any Data (or any excerpt or derivative thereof) that may accrue to FastModel shall inure to the benefit of Customer and are hereby assigned to Customer CONFIDENTIALITY OF DATA In addition to any other Confidential Information under this Agreement, all Data and the terms of this Agreement are Confidential Information under this Agreement. FastModel agrees to protect the Confidential Information with the highest degree of care used to protect its own confidential information (and in no event less than a reasonable degree of care), and in all events, to take all steps necessary to prevent any unauthorized use, disclosure, reproduction, or other dissemination of Confidential Information. PERMITTED USE OF DATA During the Term of this Agreement, FastModel may use Data only to the extent necessary to perform the Services solely on behalf of Customer. Without limiting the foregoing, FastModel shall not distribute, transmit, exchange, disclose, or otherwise make available Data to any third parties including, but not limited to, any other current or prospective customers or clients without the prior written consent of Customer (including whether in identified, de-identified, aggregated, or non-aggregated form). USER CONTENT ON FASTMODEL WEBSITE By posting any comments, ideas, testimonials or other materials on the Site, you give us the irrevocable right to reproduce, distribute, publish, display, edit, modify and otherwise use your content for any purpose in any form, subject to any legal limitations on such use and the limitations set forth in our Privacy Policy. We do not assume any responsibility for your content or any other content not produced by us on the Site. We may at any time and in our sole discretion screen, monitor, block, remove or otherwise exercise control over any of your content or anyone else’s content that we determine violates these Terms, any applicable law, or otherwise may expose us to civil or criminal liability or reflect poorly on us. In addition, we may permanently terminate your access to the Site in the event we determine that you caused any such violation. In no event shall such rights obligate us to exercise control over your content or anyone else’s content. USE OF CONTENT The Site, including all content thereon, is owned by us, our suppliers or licensors and is protected by U.S. and international intellectual property laws. You agree not to access the Site or use any content contained on the Site for any commercial purpose. You agree to maintain all copyright and other intellectual property notices included in any of our content that you copy. You may not modify decompile, disassemble, decrypt, extract or otherwise reverse engineer any of our content, or create derivative works based upon all or part of the content. We reserve all rights not expressly granted to you in these Terms and no additional rights are granted by implication, estoppel or otherwise. THIRD PARTY CONTENT You agree that we do not endorse and that we are not responsible for any third party content appearing on the Site and that we shall have no liability for any such content, including content that is false, misleading, abusive, defamatory, obscene or that violates any local, state, federal or international law or regulation or any rights of another individual or entity. You also agree that we are not responsible for the content of any other websites linked to the Site and that the inclusion of any link to such third party websites does not imply our endorsement of such websites. Your linking to any off-site pages or other websites is at your own risk.

Prohibited uses

You agree that you will use this Application in accordance with all applicable laws, rules, regulations and these Terms at all times. The following is a non-exhaustive list of prohibited uses of this Application. You agree that you will not perform any of the following prohibited uses:

Impersonating or attempting to impersonate FastModel Holdings, LLC or its employees, representatives, subsidiaries or divisions;
Misrepresenting your identity or affiliation with any person or entity;
Sending or attempting to send any advertising or promotional material, including but not limited to spam, junk mail, chain mail or any similar material;
Engaging in any conduct that restricts or inhibits any person’s use or enjoyment of the Application, or which, as determined in our sole discretion, may harm us or the users of this Application or expose us or other users to liability;
Using the Application in any manner that could disable, overburden, damage or impair the Application or interfere with another party’s use of the Application;
Using any robot, spider or other similar automatic technology, process or means to access or use the Application for any purpose, including monitoring or copying any of the material on this Application;
Using any manual process or means to monitor or copy any of the material on this Application or for any other unauthorized purpose;
Using any device, software, means or routine that interferes with the proper working of the Application, including but not limited to viruses, trojan horses, worms, logic bombs or other such materials;
Attempting to gain unauthorized access to, interfering with, damaging or disrupting any parts of the Application, the server(s) on which the Application is stored, or any server, computer or database connected to the Application;
Attempting to attack or attacking the Application via a denial-of-service attack or a distributed denial-of-service attack;
Otherwise attempting to interfere with the proper working of the Application;
Using the Application in any way that violates any applicable federal, state or local laws, rules or regulations.

Availability, errors and inaccuracies

We assume no liability for the availability, errors or inaccuracies of the information, products or services provided on this Application. We may experience delays in updating information on this Application and in our advertising on other websites. The information, products and services found on the Application may contain errors or inaccuracies or may not be complete or current. Products or services may be incorrectly priced or unavailable. We expressly reserve the right to correct any pricing errors on our Application. The inclusion or offering of any product or service on this Application does not constitute an endorsement or recommendation of such product or service by us.

Damages and limitation of liability

In no event shall FastModel Holdings, LLC be liable for any direct, indirect, punitive, incidental, special or consequential damages arising out of, relating to or in any way connected with your access to, display of or use of this Application or with the delay or inability to access, display or use this Application, including but not limited to your reliance upon opinions or information appearing on this Application; any computer viruses, information, software, linked websites operated by third parties, products or services obtained through this Application, whether based on a theory of negligence, contract, tort, strict liability, consumer protection statutes or otherwise, even if FastModel Holdings, LLC has been advised of the possibility of such damages. IF, DESPITE THE LIMITATION ABOVE, FastModel Holdings, LLC IS FOUND LIABLE FOR ANY LOSS OR DAMAGE WHICH ARISES OUT OF OR IN ANY WAY CONNECTED WITH ANY OF THE OCCURRENCES DESCRIBED ABOVE, THEN THE LIABILITY OF FastModel Holdings, LLC WILL IN NO EVENT EXCEED THE SERVICE FEES YOU PAID TO FastModel Holdings, LLC IN CONNECTION WITH SUCH TRANSACTION(S) ON THIS Application. THE LIMITATION OF LIABILITY REFLECTS THE ALLOCATION OF RISK BETWEEN THE PARTIES. THE LIMITATIONS SPECIFIED IN THIS SECTION WILL SURVIVE AND APPLY EVEN IF ANY LIMITED REMEDY SPECIFIED IN THESE TERMS OF USE IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. THE LIMITATIONS OF LIABILITY PROVIDED IN THESE TERMS OF USE INURE TO THE BENEFIT OF FastModel Holdings, LLC. The aggregate liability of FastModel Holdings, LLC arising out of or relating to this Application, whether arising out of or related to breach of contract, tort (including negligence) or otherwise shall be limited to the amount of fees actually received by FastModel Holdings, LLC from you.

Intellectual property and DMCA notice and procedure for intellectual property infringement claims

All contents of this Application are ©2004 - 2024 FastModel Holdings, LLC or third parties. All rights reserved. Unless specified otherwise, this Application and all content and other materials on this Application including but not limited to all logos, designs, text, graphics, pictures, information, data, software, sound files and arrangement thereof (collectively, “Content”) are the proprietary property of FastModel Holdings, LLC and are either registered trademarks, trademarks or otherwise protected intellectual property of FastModel Holdings, LLC or third parties in the United States and/or other countries.

If you are aware of a potential infringement of our intellectual property, please contact support@fastmodelsports.com .

We respect the intellectual property rights of others. It is our policy to respond to any claim that Content posted on the Application infringes on the copyright, trademark or other intellectual property rights of any person or entity.

If you believe in good faith that the Content infringes on your intellectual property rights, you or your agent may send us a written notice of such infringement titled “Infringement of Intellectual Property Rights - DMCA.” Your notice to us must include the following information:

An electronic or physical signature of the person authorized to act on behalf of the owner of the intellectual property right’s interest;
A description of the work that you claim has been infringed, including the URL (i.e., web page address) of the location where the work exists or a copy of the work;
Your name, email, address and telephone number; and
A statement by you that you have a good faith belief that the disputed use is not authorized by the owner of the work, its agent or the law.

Please note that we will not process your complaint if it is not properly filled out or is incomplete. You may be held accountable for damages, including but not limited to costs and attorneys’ fees for any misrepresentation or bad faith claims regarding the infringement of your intellectual property rights by the Content on this Application.

You may submit your claim to us by contacting us at:

FastModel Holdings, LLC
Iryna Niro

444 N Michigan Ave Suite 760 Chicago IL 60611
United States

Governing law, severability, dispute resolution and venue

These Terms shall be governed and construed in accordance with the laws of the state of Illinois, United States, without regard to its conflict of laws provisions. These terms shall not be governed by the United Nations convention on contracts for the sale of international goods, the Uniform Commercial Code, nor Incoterms.

Our failure to enforce any right or provision of these Terms will not be considered a waiver of that right or provision. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between you and us regarding our Application, and supersede and replace any prior agreements we might have had with you regarding the Application.

Any controversy or claim arising out of or relating to these Terms including but not limited to the interpretation or breach thereof shall be resolved in a court of competent jurisdiction in Cook County, Illinois.

You and FastModel Holdings, LLC agree that each may bring claims against the other only in your or its individual capacity and not as a plaintiff or class member in any class or representative action.

Changes to Terms of Service

We reserve the right to make changes to these Terms of Service at any time. We will notify you immediately of making any changes to these Terms of Service via by posting the updated terms of service to this application.

MISCELLANEOUS Assignment – We may assign our rights and delegate our duties under these Terms to any party at any time without notice to you or any third party. No Implied Waiver – Our failure to insist upon or enforce strict performance of any provision of these Terms shall not be construed as a waiver of any provision or right. Severability – The provisions of these Terms are severable. In the event that any court of competent jurisdiction determines that any provision is invalid or unenforceable, such validity and unenforceability shall not in any way affect the validity or unenforceability of the remaining provisions.

Questions

If you have any questions about our Terms of Service, please contact us at support@fastmodelsports.com.

Updated: Jan 29, 2024