Terms of Service

United States | Version CF-TOS-US-2026-09-v1 | Effective date: September 22nd 2026 | Replaces the terms dated July 24, 2025

These terms of service (the "Terms") govern the use of the Cortex Flex AMPLIFY application in the United States. Please read them carefully before accepting them. For any question, contact us using the details in Schedule D1.

Key points

• AMPLIFY is a digital training program. It is not a medical, psychological or emergency service.
• We do not require you to arbitrate disputes or waive your right to a class action. Nothing in these Terms limits the remedies the law gives you.
• Optional features (chat, rankings and health-based personalization) require your separate consent. You can refuse them without losing the basic service.
• We do not sell your information or use it for advertising, research or training artificial intelligence models.
• If you buy individual access, you can cancel at any time and you pay only for the service supplied.
• The application is available to athletes of any age. Athletes 13-17 consent to these Terms themselves; under 13, a parent or guardian completes a two-step verified consent process first. See Part A3.

Who each Part applies to

• Part A (Common terms) and Part P (Personal information): all users.
• Part C (Individual purchases): only the person who buys paid individual access.
• Schools, districts and other organizations: they are bound by their signed platform services agreement with Cortex Flex. These Terms do not govern the relationship between Cortex Flex and an organization.

Part A — Common terms

A1 Definitions

• "Cortex Flex" or "we": Cortex Flex Inc., whose identity and contact details appear in Schedule D1.
• "Application": the Cortex Flex AMPLIFY mobile application and web interfaces.
• "Athlete" or "you": the person who participates in the program.
• "Representative": the parent or legal guardian of a minor athlete under 13. Paying for or coaching the athlete does not make someone a Representative.
• "Purchaser": the person who accepts a paid individual order (Part C).
• "Partner": the school, school district, club or organization that has signed a platform services agreement with Cortex Flex.
• "Participation Form": the form that records the authorization to participate and your privacy choices.
• "Order": the order summary presented before payment and the purchase confirmation sent afterward, which together set out the price, term and content of an individual purchase.
• "Privacy Policy": our privacy policy for the United States, published alongside these Terms.

A2 Applicable documents and order of priority

Your relationship with us is governed, in the following order of priority, by:

• mandatory federal and state law, which always prevails;
• your Participation Form, for your authorizations and privacy choices;
• your Order, if any, for the price and the service purchased;
• these Terms and Schedule D.

None of these documents can expand the choices you made in your Participation Form. The Privacy Policy explains our practices; it is not a consent. If you participate through a Partner, the signed agreement between Cortex Flex and the Partner governs their mutual obligations, including the processing of information the Partner entrusts to us; some of that processing may also be subject to FERPA, which the Partner remains responsible for. You and your family assume no debt or obligation of the Partner. Only the version of the Terms supplied to you before your acceptance applies to you. An update published on our website does not amend a contract already accepted (see A9). If you accepted an earlier version of our terms, it continues to apply until you expressly accept this version. These Terms apply only to users residing in the United States. If you move outside the United States, notify us so we can supply the terms that apply to your new location. The move does not remove any of your mandatory rights.

A3 Age, account and authorization

Minimum age. The Application is available to athletes of any age, subject to the verifiable parental consent described below for children under 13. Under 13. The Children's Online Privacy Protection Act (COPPA) requires us to obtain a parent or guardian's verifiable consent before collecting any information from a child under 13. A Representative first reviews and signs these Terms, the participation waiver, and the Privacy Policy's collection notice (Privacy Policy, section 12) on the child's behalf, by email; we then send a second, separate confirmation email that the Representative must also complete before the account is activated. We do not create or activate an account for a child under 13 until both steps are done. Ages 13 to 17. The athlete consents to these Terms and the platform consent personally, the same way an adult does. We do not require a parent or guardian's separate agreement for this age range under these Terms, though a Partner or an individual Purchaser's own onboarding may still involve a parent for unrelated reasons (for example, who pays). 18 and over. The athlete acts personally. We verify age proportionately, without keeping unnecessary copies of identity documents. A coach or Purchaser cannot consent in place of the athlete. Features that require an authorization remain disabled until it is obtained. Your account. Provide accurate information, use an individual account and keep your credentials confidential. Do not share your account or impersonate anyone. Notify us promptly if you suspect unauthorized access. You are not automatically responsible for activity you did not authorize; responsibility depends on the facts and the law. A change of coach, team, payer or parent gives no one automatic access to your past information. Account recovery requires reasonable verification.

A4 The service and your safety

Depending on your enrollment, AMPLIFY includes the AM Primer and PM Adaptor modules, participation tracking, gamification (points, streaks and rankings) and asynchronous Performance Identity Training videos. The exact content of your service is described in Schedule D2 and, for a purchase, in your Order. AMPLIFY is a training and education tool. It provides no diagnosis, medical care, psychotherapy, regulated nutritional treatment, medical clearance or emergency monitoring. A score never confirms the absence of injury or fitness to return to play. Supervision. If you participate through a Partner, the Partner supervises the physical activity. If you enrolled independently, the adult athlete or a parent/guardian arranges a suitable setting and the necessary supervision. Cortex Flex remains responsible for its own content and obligations. Your safety comes first. You may stop an exercise, ask for an adaptation or report a problem at any time. Points and rankings never justify training through pain, skipping recovery or restricting food. Follow the restrictions set by your health professional. Automated recommendations can be inaccurate; we promptly correct significant errors reported to us. In an emergency, call 911. The Application and its chat are not emergency services. No athletic, academic or health result is guaranteed, except as required by law.

A5 Mentors, conduct rules and reporting

Mentors. Where mentoring is included, mentors participate only in authorized group spaces. They may not send private messages to athletes or contact them outside the Application (telephone, text, email or social media), even with the family's permission. They have no access to sensitive responses or health information. Before granting a mentor access, we carry out a criminal background check (see Schedule D2). Group spaces are moderated during the hours set out in Schedule D2; continuous monitoring is not promised. It is prohibited to:

• harass, threaten, intimidate, exploit or discriminate against anyone;
• ask an athlete to keep an inappropriate secret;
• post sexual, hateful, violent or unlawful content, or encourage self-harm;
• disclose another person's information without authorization;
• send spam, commit fraud or impersonate anyone;
• bypass a block or security measure, introduce malicious software or disrupt the service;
• resell or share an account.

Asking for help in good faith is never considered a violation of these rules. Messages posted in a group can be seen and copied by other members. Do not post medical or intimate information there. Reporting. You may report a concern to the safety contact in Schedule D1, to your Partner or directly to the authorities, including your state's child protective services. No internal or parental approval can delay a mandatory report where the law requires one. We cooperate with competent authorities. No one suffers retaliation for a good-faith report. Confidentiality of reports is subject to the limits set by law.

A6 Intellectual property and content

The Application and its content (videos, programs, text and logos) belong to Cortex Flex or its licensors. We grant you a personal, non-exclusive and non-transferable licence to use the Application for the duration of your access. You may not copy, publish, resell or commercially exploit our content, subject to the rights the law gives you. You remain the owner of what you post in the Application. You only allow us to store and display it to provide the service, protect it and comply with the law, for the applicable retention period. We may use improvement suggestions you voluntarily send us without payment, but never your health information, your image or your personal information. We never use an athlete's or Partner's name, image or testimonial for promotional purposes without separate authorization. To report an infringement of your copyright or trademarks, write to the intellectual property contact in Schedule D1, identifying the work concerned, the disputed content, its location and your contact details. We review every notice and may remove the content concerned.

A7 Communications

We send you the messages needed to operate your account, keep it secure and handle your transactions. These essential messages continue even if you unsubscribe from promotional messages. We send promotional messages (emails or texts) only with your consent, in accordance with the CAN-SPAM Act. Each promotional message identifies Cortex Flex and contains a working unsubscribe mechanism; we process your request within the legal deadline. Providing your telephone number is not consent to marketing. We do not direct any commercial or behavioral advertising at children under 13.

A8 Suspension and account closure

We may restrict or suspend only the features necessary in the event of unlawful use, a security threat, missing authorization or a material breach of these Terms. We explain our reasons and let you contest the measure or correct the situation where the law and safety allow. In an emergency, we may act before notifying you. These measures do not allow us to end your access arbitrarily. You may close your account at any time by writing to support (Schedule D1). Closing an account does not automatically cancel a purchase; to cancel a purchase, see C5. We then delete your information according to the periods in Schedule D5. A completed deletion cannot always be reversed. If we stop offering the Application, we notify you in advance where possible and let you retrieve your information.

A9 Changes and third-party services

We may maintain and correct the Application. However, without your express agreement, we cannot increase the price, extend the term, materially reduce the service or add a new purpose for using your information. Simply continuing to use the Application does not mean you accept a new version of the Terms. We give you reasonable advance notice of maintenance and foreseeable compatibility changes, except in an emergency. An update cannot be used to impose a new optional collection of information. Any optional third-party service is presented to you before you connect it. Its own terms may apply, but they do not release Cortex Flex from its obligations.

A10 Liability, governing law and language

Your rights are protected. We do not require you to arbitrate a dispute with us, and we do not ask you to waive your right to bring or join a class action. Each party's liability is determined by law. Events beyond our reasonable control release Cortex Flex only under the conditions set by law. Financial difficulties and avoidable failures are not such an event. Governing law. These Terms are governed by the laws of the Commonwealth of Massachusetts and applicable federal law, without regard to conflict-of-laws principles, except where your state's consumer protection law requires that state's law to apply to a claim you bring as a resident of that state. Any lawsuit not otherwise required by law to be brought elsewhere may be brought in the state or federal courts located in Massachusetts, and you and we each consent to personal jurisdiction there. Nothing here waives any protection a state's consumer law gives you as a resident of that state, including any requirement that certain claims be heard in your home state. Assignment. We may assign these Terms only in accordance with the law and without expanding the use of your information. If our business is sold, your information remains protected under the same rules. General. If a clause is held invalid, the others remain in force. Obligations concerning confidentiality and accrued rights survive the end of your access. These Terms create no employment, partnership or agency relationship.

A11 Application downloaded from the App Store or Google Play

These Terms are concluded between you and Cortex Flex, not with Apple or Google. Cortex Flex, not Apple or Google, is solely responsible for the Application and its content. An app store's rules cannot reduce your consumer rights or our commitments under these Terms. If you downloaded the Application from Apple's App Store:

• your licence allows you to use the Application on any Apple-branded product you own or control, as permitted by the App Store Usage Rules, including Family Sharing;
• Cortex Flex, not Apple, provides maintenance and support for the Application; Apple has no obligation to do so;
• if the Application fails to conform to an applicable warranty, you may notify Apple, and Apple will refund the purchase price of the Application, if any; to the extent permitted by law, Apple has no other warranty obligation with respect to the Application;
• Cortex Flex, not Apple, handles any claim relating to the Application, including product liability, legal or regulatory compliance, consumer protection and privacy claims;
• Cortex Flex, not Apple, is responsible for investigating, defending and settling any third-party claim that the Application infringes that third party's intellectual property rights;
• you represent that you are not located in a country subject to a United States government embargo or designated by it as a terrorist-supporting country, and that you are not on any United States list of prohibited or restricted parties;
• you must comply with applicable third-party terms, such as those of your wireless carrier;
• Apple and its subsidiaries are third-party beneficiaries of this section and may enforce it. They obtain no access to your information.

If you downloaded the Application from Google Play, Google Play's terms also apply to the download, without reducing your rights under these Terms. Cortex Flex's contact details for any question or claim appear in Schedule D1.

Part P — Your personal information

This Part supplements your Participation Form and our Privacy Policy. We comply with the Children's Online Privacy Protection Act (COPPA) and other applicable U.S. law.

P1 What we collect and why

Schedule D3 sets out, for each feature, the information collected, its source, its purpose, who has access and whether the feature is essential or optional. We collect only what is necessary for those purposes. We never ask for a complete school or medical record. Information about injuries, health and psychological readiness, and the inferences drawn from it, is sensitive information. We collect it only with your express consent. That consent is part of the same action as your agreement to Schedule D3's other optional features, but each sensitive category is named there distinctly rather than folded into a general statement. No box is pre-checked: your agreement to the optional features — including the sensitive categories, each named separately in the text — is given as one express action that covers them together. Declining does not cost you the essential service (D3a and D3b). A choice left blank or unclear activates no feature. We never sell your information. We do not use it for targeted advertising, research, promotion, training artificial intelligence models or secondary product improvement, and never for behavioral advertising directed at children. Any new purpose would require a new, separate consent. Removing a name from information does not make it anonymous.

P2 Who can see your information

Coaches, mentors, administrators and parents have access only to the information permitted by their role, their authority and the law, as set out in Schedule D3. Paying for the service gives no right of access to your sensitive information. A parent's signature does not automatically give access to a teenager's entire account. If you enrolled independently, no school or coach has access to your information unless you separately authorize it, specifying the recipient and the purpose. If you participate through a Partner, the Partner receives only the information set out in Schedule D3 and authorized in your Participation Form. Our service providers (hosting, email and payment) are listed in Schedule D4. They may use your information only to provide their services to us, and never to build a profile of a child for their own purposes. We review any request from an authority and disclose only the information required by law. We notify you where the law allows.

P3 Personalization and automated decisions

The AM Primer and PM Adaptor modules adapt your exercises based on your responses. Schedule D6 describes these features, the information used and their outputs. Any personalization based on health information is off by default and is activated only with your express consent. The Application's settings provide the highest level of privacy by default. A permission given in your device settings does not replace your consent. If a decision about you is made exclusively through automated processing, we inform you no later than when we communicate it to you. On request, we explain the information used and the principal factors and parameters behind the decision, let you have your information corrected, and let you submit observations to a member of our staff who can review the decision (see Schedule D6). A score is never proof of medical fitness. Selection and return-to-play decisions rest with your Partner and the professionals involved.

P4 Your rights

You (or, for a child under 13, the child's parent) may at any time ask our Privacy Officer (Schedule D1) to:

• give you access to your information;
• correct it;
• give you a copy in a structured, commonly used technological format;
• direct us to delete the information and refuse further collection;
• withdraw your consent for the future.

We verify your identity and authority proportionately and respond in writing within 30 days of receiving your request. Any refusal states its reasons and your remedies. A parent's access to a teenager's (13+) information depends on the parent's authority and any applicable law. If you cannot use the Application, we offer you another reasonable way to make your request. If you withdraw your consent, we stop the processing concerned and explain which features can no longer be offered. Withdrawing consent to chat, rankings or optional sharing does not cost you the basic service. Withdrawing consent, closing your account and cancelling a purchase are three separate requests; state clearly what you want. If you are not satisfied with our response, you may contact the Federal Trade Commission at reportfraud.ftc.gov, or your state Attorney General's office.

P5 Retention and destruction

We keep your information only for the periods set out in Schedule D5, consistent with COPPA's retention-limitation requirement. We then destroy it securely or anonymize it in accordance with the law. Backup copies are erased on the same schedule. We never keep a deleted account indefinitely. Where the law requires us to keep certain information longer, we isolate it, restrict access to it and use it for no other purpose. Other group members may have copied a message before it was deleted. We cannot erase what is outside our control.

P6 Security, incidents and hosting outside the United States

We protect your information with measures suited to its sensitivity, including encryption, multi-factor authentication for administrative access, role-based access limits and staff training. No system is perfectly secure, but that does not release us from our obligations. If a confidentiality incident occurs, we promptly take measures to reduce the risk of harm and notify affected individuals and any regulator as required by applicable law. We keep a register of incidents. Your information is primarily hosted in Canada, by our hosting provider Google Cloud (see Schedule D4). Some of your information is also processed in the United States by other service providers. We take reasonable steps to ensure your information receives comparable protection wherever it is processed.

Part C — Individual purchases

This Part applies only to the person who buys paid individual access (the "Purchaser"). It creates no debt for an athlete or parent who is not the Purchaser. It does not apply to enrollments paid for by a Partner.

C1 Your Order

Before you pay, the application shows you an order summary setting out the exact service included, the quantity, the term and the itemized price, including taxes and currency. You may review this summary before confirming the purchase. No subscription, renewal or option can be added through a pre-checked box. Immediately after the purchase, we send you a confirmation email stating the service purchased, the price paid and how to cancel (see C5). Cortex Flex's identity and address, and these Terms, remain available to you at any time in the application and on our website.

C2 Who pays and who consents

Only the Purchaser owes the price. Buying for someone else gives neither the right to consent on their behalf nor access to their account. For an athlete under 13, a Representative must separately authorize participation in the Participation Form. If the required authorization cannot be obtained, access is not activated, no payment is collected and the Order is cancelled at no charge.

C3 The service purchased

We provide exactly the service set out in your Order, with the care required by law. Modules and features are included only if they appear in the Order. No live coaching, gym access, care, diagnosis, psychotherapy, medical clearance or regulated nutritional treatment is included. The adult athlete or a parent/guardian arranges a suitable setting and the necessary supervision (see A4).

C4 Price and payment

The purchase is for a fixed term, with no automatic renewal. A new term requires a new Order that you expressly accept. No payment is collected before the service begins. Payments are processed by the payment processor listed in Schedule D4. Cortex Flex remains the merchant responsible for the transaction. No fee not stated in the Order can be charged to you. We cannot increase the price during the term of the Order. We require no waiver of your rights in order to refund you.

C5 Cancellation by the Purchaser and refunds

You may cancel your purchase at any time, without giving a reason, by sending us written notice (a simple email to the contact in Schedule D1) or by using the cancellation feature in the Application. Cancellation takes effect when the notice is sent or on the later date you specify. No approval or exit interview is required.

• Before the service begins: you owe nothing.
• After the service begins: you pay only for the service supplied up to cancellation, calculated at the daily rate set out in your Order. No cancellation penalty applies.

We refund any overpayment, including taxes, within 10 days of cancellation. A disagreement on another matter does not delay an undisputed refund. These rights are in addition to those your state's consumer protection law gives you. The rule most favourable to you applies. Closing the athlete's account does not automatically cancel the purchase. If your request clearly expresses an intention to cancel, we treat it as a cancellation, even if it also includes a deletion request.

C6 Cancellation by Cortex Flex and service interruption

We may cancel your purchase before the end of its term only for a serious reason, explaining it to you and giving reasonable notice where possible. For a breach you can correct, we first give you written notice and 10 days to correct it. We then refund any amount paid for service not supplied. If the service is interrupted, unavailable or materially reduced, you are entitled to appropriate remedies, including a correction, a credit, a price reduction or cancellation.

Schedule D — Service information

Version CF-SD-US-2026-09-v1 | Completed by Cortex Flex This Schedule is completed by Cortex Flex and supplied to you with the Terms. You do not need to fill anything in. Any change creates a new dated version; the version you accepted is kept.

D1 Identity and contact details

• Company: Cortex Flex Inc., incorporated under the laws of Delaware
• Address: 6 Blvd Terrace, Allston, MA 02134, United States
• Telephone: (724) 993-5710
• Privacy Officer: Ashton Gillett, Ashton@cortexflex.org
• Support, safety and purchase cancellation: admin@cortexflex.org
• Intellectual property: admin@cortexflex.org
• Management: Nate Roy, Chief Executive Officer, nate@cortexflex.org

D2 Offer, support and mentors

• Organizational route (Partner): AM Primer, PM Adaptor, authorized tracking, gamification and asynchronous Performance Identity Training videos. No live service.
• Individual route: only the items set out in the Order.
• Support and moderation hours: Monday to Friday, 9 a.m. to 5 p.m. Eastern Time
• Support response time: 5 business days
• Mentors: criminal background check before any access; renewal of the check: every year
• No emergency or continuous monitoring is offered.

D3 Information collected and purposes

Your Participation Form shows the D3 code that corresponds to each of your choices.

Information needed to operate the service, without a separate choice:

• Age and consent evidence: age bracket, form version, choices made, date and verification method. Access: Privacy Officer.
• Technical and security logs: login dates, IP address, device type, failed login attempts and support requests. Access: technical support.
• Payment (individual route): Purchaser's name, amounts and dates. Card numbers are processed by the payment processor, not by Cortex Flex.

Information never collected: biometric identification, precise location, complete school or medical records.

D4 Service providers and countries

D5 Retention periods

We destroy or anonymize information securely, in accordance with the law. We never keep a deleted account indefinitely. For information entrusted by a Partner, Schedule B of the signed platform services agreement prevails.

D6 Automated features and human review

• AM Primer: Physical rehabilitation + Psychosensorimotor Visualization exercises. Daily injury and psychological questionnaire.
• PM Adaptor: Nervous system regulation exercises + Psychoreflective learning enhancer.
• Information used: D3b, and D3c, D3d and D3e only if you consented to them.
• Outputs: exercises suggested, modified or removed, and load level.
• Exclusively automated decisions: all physical exercises.
• Person responsible for human review: Ashton Gillett and Nate Roy, reachable using the details in Schedule D1.
• Correction: on written request to the Privacy Officer, with a response within 30 days.