Terms & Conditions

Section 01

Agreement to Terms

These Terms and Conditions ("Terms") govern your use of the services provided by PROS ("Company," "we," "us," or "our"), including our website located at www.trainwithpros.xyz and any related services (collectively, the "Services"). By accessing or using our Services, including opting into SMS/text message communications, you agree to be bound by these Terms.

Section 02

Eligibility

By using our Services, you represent and warrant that all of the following conditions are met:

• You are at least 18 years of age.
• You have the legal capacity to enter into a binding agreement.
• You are a resident of the United States.
• The mobile phone number you provide belongs to you and you are authorized to enroll it in SMS communications.

If you do not meet these eligibility requirements, you are not permitted to use our Services. PROS reserves the right to verify eligibility at any time and to suspend or terminate access for any user who does not meet these requirements.

Section 03

SMS / Text Message Communications

3.1 Consent to Receive Text Messages

By providing your mobile phone number and opting in to SMS communications, you expressly consent to receive recurring automated and non-automated text messages from PROS, including transactional messages, service updates, appointment reminders, promotional offers, and other information related to our professional services. Message frequency may vary.

3.2 Message & Data Rates

Message and data rates may apply depending on your mobile carrier and plan. You are solely responsible for any fees charged by your carrier. PROS is not responsible for any charges incurred by your mobile carrier.

3.3 How to Opt Out

You may opt out of receiving SMS messages from PROS at any time. After opting out, you will receive a one-time confirmation message and will no longer receive SMS communications from PROS, except as required by law. To opt back in, you may re-enroll through our website.

3.4 TCPA Compliance

Our SMS communications comply with the Telephone Consumer Protection Act (TCPA), 47 U.S.C. § 227, and applicable regulations of the Federal Communications Commission (FCC). By opting in, you acknowledge that PROS may use an automated telephone dialing system (ATDS) or artificial/prerecorded voice to deliver text messages to the number you provide.

3.5 Opt-In Use Case & Example Flow

For a detailed walkthrough of how PROS collects consent, the exact opt-in disclosure language, sample message flows, and opt-out mechanics, see our SMS Consent & Opt-In Flow documentation. This page is maintained for regulatory and carrier compliance purposes.

Section 04

Our Services

PROS provides a premium concierge platform connecting elite athletes, world-class instructors, and high-net-worth individuals seeking exceptional sports instruction and performance coaching. Our Services include, but are not limited to, athlete matching, session coordination, payment processing, scheduling logistics, and related concierge support across multiple sporting verticals including water sports, golf, skiing, and snowboarding.

We reserve the right to modify, suspend, or discontinue any part of our Services at any time, with or without notice. PROS shall not be liable to you or any third party for any modification, suspension, or discontinuation of the Services.

Section 05

User Obligations

By using our Services, you agree to the following standards of conduct, which reflect the level of professionalism and integrity we expect from every member of the PROS community:

• Provide accurate, complete, and current information at all times.
• Not use our Services for any unlawful or unauthorized purpose.
• Not transmit any harassing, defamatory, obscene, or otherwise objectionable content.
• Not attempt to gain unauthorized access to our systems or networks.
• Comply with all applicable federal, state, and local laws and regulations.
• Not impersonate any person or entity or misrepresent your affiliation with any person or organization.

Violation of these obligations may result in immediate suspension or termination of your access to the Services, at PROS's sole discretion.

Section 06

Intellectual Property

All content, trademarks, logos, service marks, trade names, graphics, and other proprietary materials associated with PROS are the exclusive property of PROS or its licensors and are protected by applicable intellectual property laws, including United States copyright and trademark law.

You may not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of our proprietary materials without our prior written consent. Any unauthorized use of our intellectual property is strictly prohibited and may result in legal action.

Section 07

Privacy Policy

Your use of our Services is also governed by our Privacy Policy, which is incorporated into these Terms by reference. Please review our Privacy Policy to understand our practices regarding the collection, use, and disclosure of your personal information.

By using our Services, you consent to the collection and use of your information as described in the Privacy Policy. We are committed to handling your personal information with the highest standards of discretion and security.

Section 08

Disclaimer of Warranties

While PROS strives to maintain the highest standards of service quality, we cannot guarantee that our Services will always meet your specific requirements or expectations. We encourage you to contact us directly at any time with concerns or feedback.

Section 09

Limitation of Liability

Section 10

Indemnification

You agree to indemnify, defend, and hold harmless PROS and its officers, directors, employees, agents, and affiliates from and against any and all claims, damages, obligations, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising from:

1. your use of the Services;
2. your violation of these Terms;
3. your violation of any third-party rights; or
4. any content you submit or transmit through the Services.

This indemnification obligation will survive the termination of your use of the Services and these Terms.

Section 11

Governing Law & Dispute Resolution

These Terms shall be governed by and construed in accordance with the laws of the State of Hawaii, United States, without regard to its conflict of law provisions.

Any disputes arising under these Terms shall be resolved through binding arbitration in accordance with the rules of the American Arbitration Association (AAA), and judgment on the arbitration award may be entered in any court having jurisdiction thereof. You waive any right to participate in class action litigation.

Section 12

Changes to These Terms

We reserve the right to modify these Terms at any time. We will notify you of any material changes by posting the updated Terms on our website and, where appropriate, via SMS notification. Your continued use of our Services following such notice constitutes your acceptance of the revised Terms.

We encourage you to review these Terms periodically to stay informed of any updates. The "Last Updated" date at the top of this page reflects the most recent revision.

Section 13

Termination

PROS reserves the right to suspend or terminate your access to our Services at any time, with or without cause or notice, including for any violation of these Terms. Upon termination, all provisions that by their nature should survive termination shall survive, including ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

Section 14

Severability

If any provision of these Terms is found to be invalid, illegal, or unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect. The invalid or unenforceable provision will be modified to the minimum extent necessary to make it valid and enforceable while preserving the original intent of the provision.

Section 15

Contact Information

If you have any questions, concerns, or requests regarding these Terms and Conditions, please do not hesitate to reach out. Our team is committed to responding promptly and with the level of care our community deserves.