Terms and Conditions
Effective Date: August 8, 2025
These Terms and Conditions (“Agreement”) are entered into between Helmet Tracker LLC (“Company”) and any individual or entity (“User”) accessing or using the Helmet Tracker software products, including EquipmentOps and EquipmentOps Essentials (collectively, the “Products”). This Agreement governs the access to and use of the Products.
1. Acceptance of Terms
By accessing or using the Products, Users agree to be bound by the terms of this Agreement. If Users do not agree with any part of this Agreement, they must not access or use the Products. Continued use of the Products following changes to this Agreement constitutes acceptance of those changes.
2. Description of Products
Helmet Tracker provides cloud-based inventory management systems designed for athletic departments, equipment managers, and coaches. Features include:
- Inventory tracking
- Order automation
- Personnel and roster management
- Size profiles and updates
- Equipment issuance and returns
- Reporting and historical logs
Mobile and web-based access may be available for certain features.
3. User Obligations
3.1 Compliance: Users agree to comply with all applicable laws and this Agreement.
3.2 Account Security: Users are responsible for maintaining the confidentiality of login credentials. Any activity under their account is their responsibility.
3.3 Prohibited Activities: Users agree not to:
- Interfere with the proper functioning of the Products
- Attempt unauthorized access to any system or data
- Upload malicious code or content
- Reverse engineer or copy the Products
3.4 User Content: Users retain ownership of any data they input. The Company may access such data only to provide support or enforce this Agreement.
4. Intellectual Property
4.1 Ownership: All intellectual property rights in the Products remain with the Company, including all copyrights, trademarks, trade secrets, and software code.
4.2 Limited License: Users are granted a non-exclusive, non-transferable, revocable license to use the Products solely for internal organizational purposes.
5. Data, Security, and Privacy
5.1 Data Ownership: Users retain full ownership of their data. The Company does not sell or claim ownership over such data.
5.2 Data Access Post-Termination: Upon termination, Users may request a copy of their data within 30 days.
5.3 Privacy: The Company follows industry best practices to protect user data. See our Privacy Policy for more information.
6. Limitation of Liability
6.1 Disclaimer: Products are provided “as is” and “as available” with no guarantees of uptime, performance, or fitness for a particular purpose.
6.2 Liability Cap: The Company’s total liability for any claims under this Agreement is limited to the amount paid by the User in the twelve (12) months preceding the incident.
6.3 No Indirect Damages: The Company is not liable for any indirect, incidental, consequential, or special damages.
6.4 Equipment Responsibility: Users acknowledge that the Company and its suppliers are not responsible for loss of materials or business due to equipment failure.
6.5 Indemnification: Users agree to indemnify and hold harmless the Company from any claims resulting from their misuse of the Products.
7. Termination
7.1 Termination by User: Users may discontinue use at any time. Written notice is recommended to cancel services.
7.2 Termination by Company: The Company may suspend or terminate access at any time, with or without cause, including violations of this Agreement.
7.3 Effect of Termination: Upon termination, access to the Products and stored data will be revoked. Users may request data export within 30 days.
8. Governing Law and Dispute Resolution
8.1 Governing Law: This Agreement shall be governed by the laws of the State of Kansas, without regard to conflict of law principles.
8.2 Dispute Resolution: Any disputes shall first be attempted through mediation. If unresolved, disputes will be settled through binding arbitration under the rules of the American Arbitration Association in Johnson County, Kansas.
8.3 Class Action Waiver: Users agree to resolve disputes individually and waive any right to participate in class or collective actions.
9. Amendments
The Company may update these Terms from time to time. Material changes will be communicated via email or in-app notification. Continued use of the Products implies acceptance of the revised terms.
10. Miscellaneous
10.1 Entire Agreement: This Agreement constitutes the entire agreement between the parties and supersedes all prior agreements.
10.2 Severability: If any provision is deemed invalid, the remainder shall remain in effect.
10.3 Waiver: Failure to enforce any provision shall not be considered a waiver.
10.4 Force Majeure: The Company is not liable for delays or failures due to causes beyond its control.
11. Contact Us
If you have any questions or need support, please contact:
Helmet Tracker LLC
Rich Hardt
Rich@helmettracker.com
855-435-6388