Terms of Service

1. Acceptance of Terms

Welcome to NIL CARD. By accessing or using our platform, website, APIs, AI features, or any related services (collectively, the "Service"), you agree to be bound by these Terms of Service ("Terms") and our Privacy Policy. If you do not agree, do not use the Service.

2. Eligibility

You must be at least 13 years old to use NIL CARD. Users under 18 may only use the Service with the consent of a parent or legal guardian, who must also agree to these Terms on the user's behalf. If you are registering on behalf of an organization (a team, club, or program), you represent that you have authority to bind that organization.

You are responsible for maintaining the security of your account credentials. Any activity occurring under your account is your responsibility.

3. The Service

NIL CARD provides a digital identity and monetization platform for athletes, including public profile pages, AI-assisted content generation (bio builder, content engine, knowledge assistant), tip and subscription payments, NIL deal disclosures, and analytics. We reserve the right to modify, suspend, or discontinue any feature at any time, with or without notice, provided that we do not retroactively change paid plans mid-cycle.

4. Accounts & Plan

4.1 Account Types

We offer a Free plan and a Pro plan. Features and quotas for each plan are described on the pricing page. The launch promotion (where offered) may grant temporary Pro access; terms specific to the promotion will be presented at signup.

4.2 Account Suspension & Termination

We may suspend or terminate accounts that violate these Terms, our Acceptable Use Policy, or applicable law. We may also suspend accounts for security reasons (e.g., suspected compromise). Where practical, we will provide notice and an opportunity to cure.

5. Payments, Tips & Refunds

All payments, tips, and payouts are processed by our third-party payment processor. NIL CARD charges a 5% platform fee on tips; the remainder is paid out to the athlete (less processor fees). Subscription fees are billed monthly or annually, depending on the plan selected. Currency conversion, where applicable, is performed by the payment processor at its then-current rate.

Refunds: tips are non-refundable once the underlying payment has been processed, except where required by law or where we determine (in our reasonable discretion) that a transaction was unauthorized or fraudulent. Subscription fees are non-refundable except in cases of clear billing error. Disputes should be sent to hey@nilcard.app.

6. User Content & License

You retain ownership of all content you upload, post, or generate through the Service ("User Content"). By uploading or generating User Content, you grant NIL CARD a worldwide, non-exclusive, royalty-free, sublicensable license to host, store, reproduce, modify (for display/formatting purposes), publish, and display your User Content in connection with operating, promoting, and improving the Service.

You represent and warrant that you have all rights necessary to grant this license, and that your User Content does not violate any law or third-party right.

7. AI-Generated Content

Our AI features (bio builder, content engine, knowledge assistant) generate outputs based on your inputs and context. AI-generated content is provided "as is" without warranty of accuracy, originality, or non-infringement. You are responsible for reviewing AI outputs before publishing or relying on them. We do not claim ownership of AI outputs, but they are subject to the User Content license above when you save them to your account.

You must not use AI features to generate content that is illegal, infringing, defamatory, harassing, or otherwise prohibited under Section 8 (Acceptable Use).

8. Acceptable Use

You agree not to use the Service to:

• Upload, post, or generate content that is illegal, infringing, defamatory, obscene, harassing, hateful, or otherwise harmful.
• Impersonate any person or entity, or falsely represent your affiliation.
• Engage in fraud, money laundering, or unauthorized payment activity (including chargeback abuse).
• Send unsolicited communications, spam, or promotional content unrelated to the platform.
• Attempt to gain unauthorized access to the Service, other accounts, or our infrastructure.
• Interfere with or disrupt the Service or its security features.
• Use the Service in violation of NCAA, NAIA, or other applicable athletic-governance rules, including NIL regulations in your jurisdiction.
• Scrape, data-mine, or otherwise extract data from the Service for unauthorized commercial purposes.

9. Intellectual Property

The Service, including its design, code, branding, logos, and content (excluding User Content), is the property of NIL CARD and its licensors. You may not copy, modify, distribute, or create derivative works of the Service except as expressly permitted.

10. Privacy & Data

Our handling of personal information is described in our Privacy Policy, which is incorporated into these Terms by reference.

11. Disclaimers

The Service is provided "as is" and "as available," without warranties of any kind, express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, non-infringement, or accuracy. We do not warrant that the Service will be uninterrupted, secure, or error-free.

12. Limitation of Liability

To the maximum extent permitted by law, NIL CARD and its officers, employees, and partners will not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits, revenues, data, or goodwill, arising from or related to your use of (or inability to use) the Service.

In jurisdictions that do not allow limitation of liability for certain damages, our total liability for any claim will be limited to the greater of (a) the amount you paid us in the 12 months preceding the claim or (b) USD $100.

13. Indemnification

You agree to indemnify and hold NIL CARD, its officers, employees, and partners harmless from any claims, damages, liabilities, costs, and expenses (including reasonable attorneys' fees) arising from your use of the Service, your User Content, or your violation of these Terms.

14. Dispute Resolution & Governing Law

These Terms are governed by the laws of the State of Delaware, USA, without regard to its conflict-of-laws principles. Any dispute arising from or related to the Service will be resolved first through good-faith informal negotiation (contact hey@nilcard.app). If unresolved within 30 days, disputes will be submitted to binding arbitration in Wilmington, Delaware, except where prohibited by law (in which case the parties consent to the exclusive jurisdiction of state and federal courts located in Delaware).

Nothing in this section prevents either party from seeking injunctive relief to protect its intellectual property or confidential information.

15. Changes to These Terms

We may update these Terms when our services, legal requirements, or practices change. Material changes will be notified via email or in-app notification at least 14 days before they take effect. Continued use after the effective date constitutes acceptance of the updated Terms.

16. Contact

Questions about these Terms: hey@nilcard.app.