1. Acceptance of these terms
These Terms of Service (“Terms”) are a binding agreement between you and Mason Levy, an individual (“The Podium,” “we,” “us,” or “our”). By creating an account, downloading the app, or otherwise using the Service, you agree to these Terms. If you do not agree, do not use the Service.
These Terms incorporate by reference our Privacy Policy at thecheerpodium.com/privacy.
2. Eligibility
To use the Service, you must:
- Be at least 13 years old. If you are under 13, do not use the Service.
- Be capable of forming a binding contract under applicable law. If you are between 13 and 17, you represent that your parent or legal guardian has reviewed and agreed to these Terms on your behalf.
- Not be barred from using the Service under U.S. law or the laws of your jurisdiction.
- Not have been previously banned from the Service.
We reserve the right to refuse service, terminate accounts, or remove content at our sole discretion.
3. Your account
When you create an account, you agree to:
- Provide accurate, current, and complete information.
- Maintain and update your information to keep it accurate.
- Maintain the security of your password and accept responsibility for all activities under your account.
- Notify us immediately at policy@thecheerpodium.com of any unauthorized use of your account.
You may have only one account at a time. You may not transfer your account to another person.
4. License to use the Service
Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to use the Service for your personal, non-commercial purposes. This license does not include the right to:
- Modify or copy our app, code, or other materials.
- Use the Service for any commercial purpose without our prior written consent.
- Reverse engineer or attempt to derive the source code of the Service.
- Use automated means (bots, scrapers, scripts) to access the Service.
- Resell, sublicense, or redistribute access to the Service.
- Use the Service in any way that violates these Terms.
5. Your content and conduct
5.1 What you create
When you use the Service, you create content: scores, share cards, follows, and similar interactions (“Your Content”).
5.2 Your ownership
You retain ownership of Your Content. We do not claim ownership of your scores, share cards, or other contributions.
5.3 License to us
By submitting Your Content, you grant us a worldwide, non-exclusive, royalty-free license to host, display, reproduce, distribute, and create derivative works of Your Content solely to operate and promote the Service. For example: your score moves the podium aggregate; your share card may appear in our marketing.
5.4 Prohibited conduct
You agree not to:
- Submit scores in bad faith or in coordination with others to manipulate the podium.
- Use multiple accounts to bypass anti-gaming measures.
- Harass, threaten, or impersonate other users, athletes, gyms, coaches, or judges.
- Submit false credentials or misrepresent your affiliation with a gym, team, or organization.
- Post obscene, defamatory, hateful, or unlawful content.
- Interfere with the security or integrity of the Service.
- Use the Service to scrape data, train AI models, or otherwise extract data in bulk.
5.5 Our moderation rights
We may remove content, suspend or terminate accounts, and adjust scores or rankings at our discretion when we believe Your Content or behavior violates these Terms. We are not obligated to monitor content, but we reserve the right to do so. Decisions are final unless we choose to reverse them. You may request review of a moderation decision affecting your account by emailing policy@thecheerpodium.com.
5.6 Reporting
If you encounter content or behavior that violates these Terms, please report it through the in-app “Report” feature or by emailing policy@thecheerpodium.com. We will review reports and respond as appropriate. You may also block other users through their profile page; managed blocks can be reviewed and removed at Profile → Edit Profile → Blocked Users.
6. Third-party content (YouTube embeds)
Routine videos shown in the Service are embedded from YouTube via the official YouTube iframe player. We do not host, control, or claim any rights to these videos. Each video is subject to YouTube’s Terms of Service and Privacy Policy, and to the rights of the video’s uploader and any third-party rights holders.
If you believe a video embedded in the Service infringes your copyright, please follow the DMCA process described in Section 9 and submit a notice both to us and to YouTube.
7. Intellectual property
7.1 Our content
The Service, including its design, branding, logos, name, scoring system, rank system, mechanics, and all other elements (other than Your Content and third-party content), is owned by us or our licensors and is protected by U.S. and international intellectual property laws.
7.2 Trademarks
“The Podium” and our logos are our trademarks. You may not use them without our prior written permission, except to identify the Service in ordinary fair use (such as a news article).
7.3 Feedback
If you send us feedback, suggestions, or ideas about the Service, you grant us the right to use them without any obligation to you.
8. Termination and account deletion
8.1 Your right to delete
You may delete your account at any time through Settings → Profile → Delete Account, or by emailing policy@thecheerpodium.com. Account deletion is described further in our Privacy Policy Section 4.
8.2 Our right to suspend or terminate
We may suspend or terminate your account, with or without notice, if we believe you have violated these Terms, engaged in behavior harmful to the Service or other users, or where required by law. We may also terminate inactive accounts after extended periods of non-use, with reasonable notice.
8.3 Effect of termination
Upon termination, your right to use the Service ends. Sections that by their nature should survive termination — including Section 5.3 (license to us), Section 7 (intellectual property), Section 9 (DMCA), Section 11 (disclaimers), Section 12 (liability), Section 13 (dispute resolution), and Section 14 (general) — survive.
9. DMCA / copyright complaints
If you believe content on the Service infringes your copyright, please send a written notice to our designated DMCA agent that includes:
- A physical or electronic signature of the copyright owner or authorized agent;
- Identification of the copyrighted work claimed to have been infringed;
- Identification of the allegedly infringing material and information sufficient for us to locate it;
- Your contact information (address, phone number, email);
- A statement that you have a good-faith belief that the use is not authorized;
- A statement, under penalty of perjury, that the information in the notice is accurate and that you are the owner or authorized to act on behalf of the owner.
Send notices to:
Mason Levy, an individual, DMCA Designated Agent
Email: policy@thecheerpodium.com (Subject: DMCA Notice)
Postal: 892 Deyton Dr, Blairsville, GA 30512
We may remove content or terminate the accounts of users who repeatedly infringe copyrights.
10. Disclaimers
10.1 As-is
THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE.
10.2 No guarantee of accuracy
Scores, ranks, podiums, and similar features reflect fan input. They are not official judgments. We make no warranty that they will be free of errors, manipulation, or bias.
10.3 Third-party content
We are not responsible for content from third parties, including YouTube videos shown in the Service.
11. Limitation of liability
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL MASON LEVY, AN INDIVIDUAL, OR HIS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR PUNITIVE DAMAGES (INCLUDING LOST PROFITS OR LOST DATA) ARISING FROM YOUR USE OF THE SERVICE.
OUR TOTAL LIABILITY UNDER THESE TERMS WILL NOT EXCEED THE GREATER OF (A) ONE HUNDRED U.S. DOLLARS ($100) OR (B) THE AMOUNTS YOU HAVE PAID US IN THE TWELVE MONTHS PRIOR TO THE EVENT GIVING RISE TO LIABILITY.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR LIMITATIONS ON LIABILITY, SO SOME OF THESE LIMITATIONS MAY NOT APPLY TO YOU.
12. Indemnification
You agree to indemnify and hold harmless Mason Levy, an individual, and his officers, directors, employees, and agents from any claims, damages, losses, liabilities, costs, or expenses (including reasonable attorneys’ fees) arising from: (a) your use of the Service in violation of these Terms; (b) Your Content; (c) your violation of any law or third-party right.
13. Dispute resolution
13.1 Governing law
These Terms are governed by the laws of the State of Texas, without regard to its conflict of laws principles. Federal law applies where applicable.
13.2 Informal resolution first
Before filing any claim, you agree to try to resolve disputes informally by contacting us at policy@thecheerpodium.com. We will try to resolve disputes informally within 60 days.
13.3 Binding arbitration
Any unresolved dispute shall be resolved by binding arbitration administered by the American Arbitration Association under its Consumer Arbitration Rules. The arbitration will be conducted in Texas or, at your election, in your county of residence. The arbitrator’s decision is final and binding.
13.4 Class action waiver
You and we agree that any arbitration or court proceeding will be conducted only on an individual basis and not as a class, collective, or representative action. If a court rules this waiver unenforceable, then the entire arbitration agreement is void and disputes proceed in court (but the class waiver still applies to small-claims and equitable relief).
13.5 Exceptions
Either party may bring an individual action in small-claims court for claims within the court’s jurisdiction. Either party may seek injunctive relief in court for intellectual property or confidentiality matters.
13.6 Opt-out
You may opt out of binding arbitration by emailing policy@thecheerpodium.com within 30 days of first accepting these Terms with the subject “Arbitration Opt-Out” and your account email. Opt-out does not affect other Terms.
14. General
14.1 Entire agreement
These Terms, together with the Privacy Policy, are the entire agreement between you and us regarding the Service.
14.2 No waiver
Our failure to enforce any provision is not a waiver of our right to enforce it later.
14.3 Severability
If any provision is held unenforceable, the rest remain in effect.
14.4 Assignment
You may not assign these Terms. We may assign them to a successor in connection with a merger, acquisition, or sale of assets.
14.5 Notices
We may give notice through the app, by email to your account email, or by posting on thecheerpodium.com. You may give notice by emailing policy@thecheerpodium.com.
14.6 Apple-specific terms (iOS users)
You acknowledge that:
- (a) these Terms are between you and us only, not Apple;
- (b) Apple is not responsible for the Service;
- (c) Apple has no obligation to provide maintenance or support;
- (d) you must comply with the Apple Media Services Terms;
- (e) Apple and its subsidiaries are third-party beneficiaries of these Terms and may enforce them.
15. Changes to these terms
We may update these Terms from time to time. When we do, we will revise the “Effective date” at the top. If the changes are material, we will give you reasonable notice — typically a notice in the app or an email to the address associated with your account — at least 30 days before the changes take effect. Continued use after the effective date constitutes acceptance.
If you do not agree to the updated Terms, you may delete your account before the effective date.
16. How to contact us
For questions about these Terms:
Mason Levy, an individual
Email: policy@thecheerpodium.com
Postal: 892 Deyton Dr, Blairsville, GA 30512