Terms of Service

These Terms of Service ("Terms") govern access to and use of Cornerstone, a recruiting and athlete-management platform operated by Kivikoski Labs LLC, including Cornerstone websites, applications, communications features, and related services (collectively, the "Service").

By creating a Cornerstone account, accessing the Service on behalf of an organization, or otherwise using the Service, you agree to these Terms. If you use Cornerstone on behalf of a school, athletic program, club, or other organization, you represent that you are authorized to use the Service on that organization's behalf.

Cornerstone provides software designed to help authorized organizations manage athletic recruiting and related workflows. Features may include athlete and recruit records, recruiting pipelines, notes, evaluations and scouting reports, teams and programs, events and visits, communications, imports, file and image processing, and other recruiting tools.

Cornerstone does not make admissions, recruiting, eligibility, scholarship, roster, or employment decisions on behalf of customers.

Cornerstone accounts may be associated with a school, athletic program, club, or other organization ("Organization"). Organizations may authorize Staff members to access Cornerstone and may assign different roles, permissions, sports, programs, or teams to those users.

You are responsible for maintaining the confidentiality of your account credentials and for activity performed through your account. You may not share credentials or permit unauthorized persons to use your account.

Organization administrators are responsible for managing access to their Organization's Cornerstone workspace, including promptly removing access when it is no longer appropriate.

Organizations and their authorized users may submit information to Cornerstone, including information about athletes, prospective students, coaches, teams, communications, recruiting activities, evaluations, notes, documents, images, and related information ("Organization Data").

As between Cornerstone and the Organization, the Organization retains its rights in Organization Data. The Organization grants Kivikoski Labs LLC a limited right to host, process, transmit, reproduce, and otherwise use Organization Data only as reasonably necessary to provide, secure, maintain, support, and improve the Service, subject to these Terms, the Privacy Policy, and any applicable agreement between Cornerstone and the Organization.

Cornerstone does not acquire ownership of Organization Data merely because it is submitted to the Service.

Cornerstone is intended primarily for use by authorized adults acting on behalf of schools, athletic programs, and similar organizations. Organizations may enter information relating to prospective or current student athletes, including minors.

Organizations should provide Cornerstone only information they are authorized to collect, use, and disclose for the applicable recruiting, admissions, athletic, or organizational purpose.

Where applicable law imposes obligations directly on Cornerstone as an operator or service provider, Cornerstone remains responsible for its own compliance and does not transfer those obligations to the Organization.

Cornerstone will not use student information provided through an educational institution for targeted advertising or sell that information for advertising purposes.

Cornerstone may allow authorized users to send, receive, organize, or associate email and other communications with athlete or recruiting records. Organizations and users are responsible for ensuring they have an appropriate basis to communicate with recipients and for complying with applicable communications, privacy, recruiting, and organizational policies.

Cornerstone may process message content, sender and recipient information, delivery status, attachments, and related metadata as necessary to provide these features.

Cornerstone may provide features that process uploaded documents, photographs, notes, communications, or other content using optical character recognition, transcription, machine learning, artificial intelligence, or similar technologies.

Automated output may be inaccurate, incomplete, or misinterpret source material. Users are responsible for reviewing automated results before relying on them for recruiting, admissions, evaluation, eligibility, or other consequential decisions.

Cornerstone should be used as an organizational and decision-support tool, not as a substitute for appropriate human judgment.

You may not use Cornerstone to:

• violate applicable law or another person's rights;
• obtain or access information without authorization;
• upload malicious software or interfere with the Service;
• attempt to circumvent authentication, permissions, security controls, or usage restrictions;
• impersonate another person or misrepresent your authority;
• scrape, reverse engineer, or systematically extract the Service except where applicable law expressly permits it;
• use Cornerstone to harass, discriminate against, exploit, or harm another person;
• submit information you are not authorized to provide; or
• use student or athlete information for unauthorized advertising, marketing, profiling, or unrelated commercial purposes.

We may suspend or restrict access where reasonably necessary to protect Cornerstone, its customers, users, or other persons.

Cornerstone relies on third-party infrastructure and service providers for functions such as hosting, authentication, storage, email delivery, analytics, integrations, and automated processing. Some features may also allow customers to connect third-party services.

Your use of a third-party service may be subject to that provider's own terms. Cornerstone is not responsible for services controlled independently by third parties, although Cornerstone remains responsible for its own obligations regarding its selection and use of service providers.

Cornerstone may make beta, preview, experimental, or pre-release features available. Beta features may change substantially, contain errors, become unavailable, or be discontinued.

During the Cornerstone beta, users are encouraged to provide feedback regarding usability, functionality, bugs, and desired improvements. You grant Kivikoski Labs LLC permission to use feedback you voluntarily provide to develop and improve Cornerstone without restriction or compensation, provided that this does not grant Cornerstone ownership of Organization Data.

Cornerstone, including its software, design, branding, documentation, and other materials supplied by Kivikoski Labs LLC, is owned by Kivikoski Labs LLC or its licensors and is protected by applicable intellectual-property laws.

Except for the limited right to use the Service under these Terms, no ownership rights in Cornerstone are transferred to you.

Certain Cornerstone features may require a paid subscription. Pricing, subscription periods, included features, usage limits, and payment terms will be presented when an Organization purchases a paid plan or in a separate customer agreement.

Beta access may be provided without charge and does not guarantee future free access or pricing. We will disclose applicable charges before charging for a paid subscription.

You may stop using Cornerstone at any time. Organizations may request termination of their account subject to any applicable customer agreement.

Cornerstone may suspend or terminate access for material violations of these Terms, security risks, unlawful activity, nonpayment of applicable fees, or conduct that threatens the Service or other users.

Where reasonably practicable, we will provide notice and an opportunity to resolve the issue before terminating an Organization for a curable violation.

Following termination, Cornerstone may provide the Organization a reasonable opportunity to retrieve Organization Data where technically and legally practicable. Cornerstone may thereafter delete or de-identify Organization Data according to its retention practices, contractual obligations, and applicable law.

Certain records may be retained where reasonably necessary for security, fraud prevention, legal compliance, dispute resolution, or enforcement of agreements.

We work to provide a reliable Service but do not guarantee uninterrupted or error-free operation. The Service may occasionally be unavailable because of maintenance, upgrades, failures of third-party infrastructure, security incidents, or circumstances outside our reasonable control.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, CORNERSTONE IS PROVIDED "AS IS" AND "AS AVAILABLE." KIVIKOSKI LABS LLC DISCLAIMS WARRANTIES THAT ARE NOT EXPRESSLY PROVIDED IN THESE TERMS OR AN APPLICABLE WRITTEN CUSTOMER AGREEMENT, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

Nothing in this section limits warranties or rights that cannot lawfully be excluded.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, KIVIKOSKI LABS LLC WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, REVENUE, GOODWILL, OR BUSINESS OPPORTUNITIES ARISING FROM USE OF THE SERVICE.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, KIVIKOSKI LABS LLC'S AGGREGATE LIABILITY ARISING FROM THE SERVICE WILL NOT EXCEED THE AMOUNTS PAID BY THE APPLICABLE CUSTOMER TO KIVIKOSKI LABS LLC FOR THE SERVICE DURING THE TWELVE MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM.

We may update these Terms as Cornerstone evolves or as legal requirements change. We will update the effective date and version when we do so. If a change materially affects users' rights or obligations, we will provide appropriate notice and, where appropriate, request renewed acceptance.

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

Questions about these Terms may be sent to Kivikoski Labs LLC, Cornerstone, New Hampshire, United States.

support@usecornerstone.app