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End User License Agreement (EULA)


Effective Date: February 19, 2026


Section 1: Introduction and Acceptance of Terms


1.1 The Agreement. This End User License Agreement (“EULA”) is a legal agreement between you (either an individual or a legal entity, hereafter “User,” “Account Owner,” or “You”) and Drill Dragon LLC (“Drill Dragon”) for the use of the Drill Dragon Training Platform. The Training Platform includes, but is not limited to, the Drill Dragon mobile application (the “App”), the secure web-based Members Portal, and any embedded software or firmware within Drill Dragon proprietary sensors (collectively, the “Software”).
 

1.2 Platform Delineation. Drill Dragon maintains two distinct digital environments:

  • The E-Commerce Site: (DrillDragon.com) used for public brand information and initial commercial transactions.

  • The Training Platform: The protected environment (App and Members Portal) where athletic performance is measured, recorded, and analyzed. This EULA governs your access to and use of the Training Platform only. Your use of the E-Commerce Site is governed by the separate Terms of Service & Sale.
     

1.3 Acceptance. By downloading the App, logging into the Members Portal, or activating a Drill Dragon sensor, you agree to be bound by the terms of this EULA. If you do not agree to these terms, do not install or use the Software.


1.4 Amendments to this EULA. Drill Dragon reserves the right, in its sole discretion, to modify or replace this EULA at any time.

  • Notice of Changes: If a revision is material (as determined by Drill Dragon), we will provide notice via the App, the Members Portal, or by sending an email to the address associated with your account at least thirty (30) days prior to the new terms taking effect.

  • Acceptance: By continuing to access or use the Training Platform after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you must cease using the Training Platform and cancel your Membership as provided in Section 8.1.


1.5 Account Segregation. You acknowledge that your credentials for the Training Platform are distinct from any credentials created for the E-Commerce Site. Access to the Training Platform requires a valid, Active Membership.
 

1.6 Territorial Restriction. This Software is licensed for use exclusively within the United States. Use of the Training Platform outside of this Approved Jurisdiction is prohibited and may result in the immediate termination of your license and Membership access.


Section 2: License Grant & Scope


2.1 Grant of License. Subject to the maintenance of an Active Membership and compliance with this EULA, Drill Dragon hereby grants a personal, non-exclusive, non-transferable, and revocable limited license to use the Training Platform (App, Members Portal, and embedded Firmware).


2.2 Definition of Licensed Roles and Binding Authority.

  • Account Owner: The individual (typically a parent or legal guardian) who establishes the account, manages billing, and assumes legal responsibility for the account. The Account Owner represents that they have the authority to bind the Athlete Member to the terms of this EULA.

  • Athlete Member: The specific natural person whose athletic performance is tracked and recorded. The Athlete Member is strictly bound by the terms of this EULA, specifically regarding safety protocols, prohibited conduct, and the protection of intellectual property.

  • Joint Responsibility: The Account Owner is responsible for ensuring the Athlete Member understands and adheres to all terms herein. Any breach of this EULA by the Athlete Member shall be deemed a breach by the Account Owner.


2.3 One Athlete, One Membership: Each license is restricted to one (1) designated Athlete Member. You may not use a single Membership to track or record the performance data of multiple individuals.

  • Single Account Limit: An individual athlete is permitted to maintain only one (1) unique Athlete Member profile across the Training Platform to ensure the integrity of the Longitudinal Performance Record.

  • Non-Commercialization: The Account Owner and Athlete Member may not rent, lease, or sub-license access to the account. Using an individual license to provide services to third parties for a fee (e.g., "pay-per-session" or "commercial clinic" use of the platform) is strictly prohibited.


2.4 Membership Dependency. The license to capture new performance data and access the Drill Library is a benefit of an Active Membership. While physical sensors may remain in your possession, the Software license and data-capture capabilities expire immediately upon the Membership becoming Inactive.


2.5 Hardware-Software Integration. The sensors are components of an integrated performance infrastructure. You agree not to use the sensors with any software, application, or interface other than the official Drill Dragon Training Platform.


2.6 Mandatory Updates. To maintain the Membership Assurance warranty and data accuracy, Drill Dragon may push mandatory firmware and software updates. Failure to accept these may result in the platform or sensors becoming non-functional.


Section 3: Account Roles & Eligibility
 

3.1 Age Requirements & Child Privacy. The Training Platform is designed for athletes of various ages. However, to comply with applicable child data privacy laws and ensure the protection of minor athletes:

  • Athletes Under 13: If the Athlete Member is under the age of 13, Drill Dragon must receive Verified Parental Consent from a parent or legal guardian before the account can be activated or any performance data can be recorded.

  • Privacy Policy Integration: The collection, use, and protection of all Athlete Member data—including the specific protections afforded to children under 13—are governed by the Drill Dragon Privacy Policy (App / Training Platform), which is incorporated into this EULA by reference.

  • Consent Process: Only upon obtaining verified parental consent as detailed in our Privacy Policy will we collect personal information or training data from the child. If verified consent is not obtained, the registration process will not be completed and the child will not be permitted to access or use the Training Platform.

  • Parental Rights: The parent or guardian who provides consent retains the right to review, request deletion of, or revoke consent for the collection of the Athlete Member’s data at any time, as fully detailed in the Privacy Policy.


3.2 Required Data and Data Privacy. Certain personal data is required for use of the Training Platform by Athlete Members. The collection and use of this data are governed by the Drill Dragon Privacy Policy (App / Training Platform), which is incorporated into this EULA by reference. We use this information to:

  1. Ensure ongoing compliance with applicable child data privacy laws;

  2. Calculate accurate, age-based training and performance statistics in accordance with the underlying purpose of the Service.


You acknowledge that providing accurate Athlete Member data is a condition of your license. Falsifying this information constitutes a material breach of this EULA.

3.3 Account Security. You are responsible for maintaining the confidentiality of your Training Platform credentials. You agree to notify Drill Dragon immediately of any unauthorized use of your account. Drill Dragon is not liable for any loss or damage arising from your failure to protect your login information.


3.4 Accuracy of Information. The Account Owner and Athlete Member agree to provide accurate, current, and complete information during the registration process. Falsifying identity, age, or parental status to circumvent privacy protocols or territorial restrictions is a material breach of this EULA and will result in the immediate termination of the license.


3.5 Suspension of Eligibility. Drill Dragon reserves the right to suspend or terminate any account if it determines, in its sole discretion, that the information provided is false, that consent was obtained fraudulently, or that the use of the platform compromises the safety or integrity of the Training Infrastructure.


Section 4: Training Safety & User Responsibility


4.1 Nature of Athletic Training. You acknowledge that the Training Platform is designed for use during physical activity and sport-specific training. Athletic training is inherently strenuous and carries a risk of injury or death. You represent that the Athlete Member is in good physical health and has been cleared by a qualified medical professional to participate in the training activities provided by the Service.


4.2 Assumption of Risk. By using the Training Platform, the Account Owner and Athlete Member voluntarily assume all risks associated with Athletic Training, including but not limited to the risk of physical injury or death, exhaustion (over-training), or property damage. Drill Dragon is not responsible for any injury or medical condition that results from your use of the Service or the performance of drills found within the Training Platform.


4.3 Safe Training Environment. The Account Owner and Athlete Member are solely responsible for ensuring that training is conducted in a safe and appropriate environment. This includes, but is not limited to:

  • Surface Integrity: Ensuring training surfaces (e.g., walls, turf, gym floors) are stable, clear of debris, and appropriate for the specific drill.

  • Equipment Safety: Ensuring that any Drill Dragon or Non-Drill Dragon equipment used is in good working order.

  • Spatial Awareness: Maintaining adequate space to perform drills without risk of colliding with people, pets, or property.

  • Proper Mounting and Use: Ensuring that Drill Dragon sensors and equipment are mounted or used only in accordance with official instructions, guidelines, and notices.


4.4 Protective Gear. Drill Dragon strongly recommends the use of protective gear commensurate with the sports (e.g., helmets, mouthguards, eyewear, padding) during all training sessions. The User acknowledges that athletic training—such as "Wall Ball" and sport-specific drills—involves high-velocity impacts. Failure to use proper protection is a risk assumed entirely by the User.


4.5 Adult Supervision. For all Athlete Members who are minors, the Account Owner agrees to provide or ensure adequate adult supervision during the use of the Training Platform. Drill Dragon is an autonomous training tool, but it does not replace the need for adult supervision regarding physical safety and environmental hazards.


4.6 Use of "Wall Ball" and High-Impact Surfaces. If using the platform for "Wall Ball" or similar drills, the User is responsible for verifying that the target surface is structurally sound and that the use of the surface for training does not violate local ordinances or property rights.


Section 5: Training Record, Data Ownership & Retention


5.1 The Training Record. The Training Platform is designed to create a longitudinal archive of the Athlete Member’s performance (the “Training Record”). This record is composed of two distinct data layers:

  • User Training Data: This refers to the factual records of an Athlete Member’s training activity, including session history and objective measurements recorded during training sessions.  The scope and level of detail of User Training Data may vary depending on the features and modes of the Training Platform utilized.

  • Platform-Derived Data: This refers to all statistics, analytics, benchmarks, "Composite Stats," summaries, and performance modeling calculated, aggregated, summarized, interpreted, modeled, or otherwise derived by the Training Platform from User Training Data.


5.2 Data Ownership and Use Rights.

  • User Ownership: You retain ownership of the User Training Data as defined in Section 5.1.

  • Drill Dragon Ownership: You acknowledge and agree that Drill Dragon owns all Platform-Derived Data. This includes the proprietary algorithms used to calculate performance metrics and the resulting analytical outputs. Access to the Training Platform is granted on the condition that Drill Dragon maintains exclusive ownership of all derived intelligence.

  • License to User Training Data: As a condition of the Service, you grant Drill Dragon a perpetual, irrevocable, worldwide, royalty-free license to use User Training Data to calculate statistics, generate benchmarks, conduct research, develop and improve the Training Platform and its sport-specific performance models, and create derived, anonymized, or de-identified datasets.

  • Anonymized and De-Identified Data: Drill Dragon owns all anonymized, de-identified, aggregated, statistical, and other derived datasets created from User Training Data.


5.3 Performance History & Membership Status. The continuity of the Training Record is a benefit of an Active Membership.

  • Data Preservation: Drill Dragon will preserve the Training Record as long as the account remains associated with an Active Membership.

  • Inactive Status: If a Membership becomes Inactive, access to the Training Record and all Platform-Derived Data will be suspended.

  • Data Deletion: Following a period of not less than forty-five (45) consecutive days of Inactive status, Drill Dragon reserves the right, but not the obligation, to permanently delete the Training Record associated with the account.


5.4 Data Privacy & Statutory Rights. Your data is handled in accordance with the Drill Dragon Privacy Policy (App / Training Platform). Consistent with applicable laws, the Account Owner or Athlete Member may request access to or deletion of their personal information and User Training Data as defined herein.


5.5 Data Integrity. You agree not to attempt to manipulate, falsify, or artificially inflate performance data. Any detected "Data Tampering" is a material breach of this EULA and will result in immediate account termination.


Section 6: System Requirements & Updates


6.1 Operational Requirements. To access and use the Training Platform, you must possess:

  • Compatible Mobile Hardware: A mobile device (smartphone or tablet) meeting the minimum operating system requirements specified on the App Store or Google Play Store. The App is the primary interface for sensor connectivity and drill execution.

  • Web Access & Browser: A compatible, up-to-date web browser for access to the Members Portal. You acknowledge that certain advanced features of the Members Portal, including detailed analytics and account management tools, are designed for desktop/laptop use and may not be fully accessible or optimized for mobile device screens.

  • Connectivity: A stable internet connection (Cellular or Wi-Fi) for data synchronization, app-related updates, and firmware updates.

  • Drill Dragon Sensors: Authorized and functional Drill Dragon sensors associated with an Active Membership.


6.2 Software Updates. Drill Dragon may from time to time develop and provide updates, which may include bug fixes, patches, enhanced functions, or entirely new versions of the App (collectively, “Updates”).

  • Mandatory Updates: You agree that Drill Dragon may automatically download and install Updates to the App on your device.

  • Performance Integrity: You acknowledge that failure to install Updates may result in decreased performance, inaccurate data capture, or total loss of access to the Training Platform.


6.3 Sensor Firmware Updates. The firmware embedded in Drill Dragon sensors is a critical component of the Training Platform.

  • Update Requirements: You agree to install any mandatory firmware updates when prompted by the App.

  • Membership Assurance Linkage: Consistent with the Terms of Service & Sale, maintaining your sensors with the latest firmware is a requirement for coverage under the Membership Assurance warranty. Drill Dragon is not responsible for hardware malfunctions resulting from a User’s refusal or failure to install firmware updates.


6.4 External Dependencies & Third-Party Services. The Training Platform relies on a network of third-party service providers, hardware manufacturers, and infrastructure operators (collectively, "External Dependencies") to deliver the Service. These include, but are not limited to, mobile operating systems (iOS and Android), cloud hosting and data storage providers, internet service providers, and cellular network operators.

  • Service Availability: You acknowledge that Drill Dragon does not own or control these External Dependencies. Consequently, Drill Dragon is not responsible or liable to the User if the Training Platform becomes unavailable, interrupted, or functionally degraded due to the failure, maintenance, or outage of any third-party service.

  • Performance Limitations: We do not warrant that the Training Platform will be compatible with all third-party hardware or that the Service will be uninterrupted if an External Dependency modifies its software or hardware requirements.

  • Liability Limitation: You agree that any inability to access the Training Platform or your Training Record resulting from the unavailability of an External Dependency does not constitute a breach of this EULA by Drill Dragon and does not entitle the User to a refund or credit of Membership fees.

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6.5 Service Modifications and Discontinuance. Drill Dragon reserves the right to modify, suspend, or discontinue (temporarily or permanently) the Training Platform, the Service, or any specific feature or portion thereof, at any time and for any reason, with or without notice.

  • No Liability: You agree that Drill Dragon shall not be liable to you or to any third party for any modification, suspension, or discontinuance of the Training Platform or the Service.

  • Termination of Access: In the event of a permanent discontinuance, your license to use the Software and access the Training Platform will terminate immediately. Drill Dragon reserves the right to determine, in its sole discretion, what (if any) remedies or credits may be offered to Account Owners with Active Memberships at that time.


Section 7: Prohibited Conduct


7.1 Integrity of the Training Platform. You agree to use the Training Platform only for its intended purpose: sport-specific individual training and performance tracking. You are strictly prohibited from:

  • Reverse Engineering: Decompiling, disassembling, or attempting to derive the source code, underlying algorithms, or proprietary communication protocols of the App, Members Portal, or sensor firmware.

  • Data Tampering: Manually triggering sensors, using automated scripts to inflate performance metrics, or otherwise falsifying the User Training Data to manipulate the Training Record.

  • Unauthorized Access: Attempting to gain unauthorized access to other user accounts, Drill Dragon servers, or any portion of the Training Infrastructure not intended for public or licensed access.

  • Automated Extraction: Using bots, scrapers, crawlers, or other automated tools to extract data from the Members Portal or the App for any purpose, including the creation of a competing database or service.


7.2 Security and Interference. You agree not to:

  • Bypass Protections: Circumvent or disable any security features, digital rights management (DRM), or regional/territorial restrictions implemented by Drill Dragon.

  • Malicious Code: Upload or transmit viruses, worms, or any code of a destructive or disruptive nature.

  • System Strain: Engage in any activity that imposes an unreasonable or disproportionately large load on our infrastructure, such as "Denial of Service" (DoS) attacks.


7.3 Proper Use of Intellectual Property. You may not:

  • Commercial Exploitation: Sell, rent, lease, or sub-license the Training Platform or any content (drills, videos, or analytics) found therein to third parties.

  • Brand Misuse: Use the "Drill Dragon" name, logo, or trademarks in any manner that suggests an endorsement, partnership, or affiliation that has not been formally granted by Drill Dragon LLC.

  • Derivative Works: Create derivative works based on the Training Platform, including "cloned" versions of our sport-specific drill architectures or performance modeling frameworks.


7.4 Reporting Violations. You agree to immediately notify Drill Dragon if you become aware of any unauthorized use of the Service or any security vulnerability within the Training Platform.


7.5 Enforcement and Remedies. Any violation of this Section 7 constitutes a material breach of this EULA. In the event of such a breach, Drill Dragon reserves the right to:

  • Immediate Termination: Terminate your license and Active Membership immediately, without notice, and without any obligation to provide a refund or credit.

  • Legal Recourse: Pursue all available legal and equitable remedies, including the recovery of compensatory and liquidated damages, court costs, and reasonable attorney fees.

  • Injunctive Relief: You acknowledge that a breach of Section 7 (Prohibited Conduct) may cause Drill Dragon irreparable harm for which monetary damages would be an inadequate remedy. Accordingly, Drill Dragon shall be entitled to seek injunctive or other equitable relief in any court of competent jurisdiction to restrain such breach or threatened breach without the necessity of posting a bond.

  • Cooperation with Authorities: Cooperate with law enforcement or regulatory authorities in the investigation of any suspected criminal or unauthorized activity.


7.6 Proprietary Technology & Patents. The Training Platform, including its hardware-software integration, specific drill architectures, and data processing methods, is protected by copyright, trademark, and other intellectual property laws.

  • Patent Notice: You acknowledge that the Training Platform may be protected by one or more issued patents or pending patent applications owned or licensed by Drill Dragon.

  • No License to Patents: Nothing in this EULA or your Membership grants you any ownership interest or a license to any patents associated with the Service, except for the limited right to use the Software as expressly permitted herein. Any attempt to use the platform to circumvent, challenge, or reverse-engineer technology owned or licensed by Drill Dragon is a material breach of this agreement.


7.7 Feedback and User Submissions. Drill Dragon welcomes your comments and suggestions regarding the Training Platform. However, you acknowledge and agree that:

  • Grant of Ownership: Any ideas, suggestions, drills, workouts, performance metrics, or other feedback provided by you to Drill Dragon (collectively, "Feedback") shall be the sole and exclusive property of Drill Dragon.

  • Assignment of Rights: You hereby irrevocably assign to Drill Dragon all right, title, and interest in and to such Feedback, including all intellectual property rights therein.

  • Non-Confidentiality: You acknowledge that any Feedback provided to Drill Dragon is not provided in confidence, and Drill Dragon shall not be under any obligation of confidentiality, express or implied, regarding such Feedback. Drill Dragon shall be free to use, disclose, reproduce, or distribute the Feedback for any purpose whatsoever without restriction.

  • No Compensation: Drill Dragon is under no obligation to provide any compensation, royalty, or attribution to you for the use of any Feedback, regardless of whether such Feedback is incorporated into the Training Platform, the Drill Library, or any other Drill Dragon product or service.

  • Waiver of Moral Rights: To the extent permitted by law, you waive any "moral rights" or similar rights you may have in such Feedback.

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Section 8: Termination & Suspension​

 

8.1 Termination by User. You may terminate your Membership and this EULA at any time by following the cancellation procedures within the Members Portal as defined in the TOS. Termination of the Membership will result in the immediate transition of the account to Inactive status, governed by the data retention and access terms in Section 5.3.


8.2 Termination by Drill Dragon. Drill Dragon may, in its sole discretion, suspend or terminate your access to the Training Platform and terminate this EULA without notice if:

  • You breach any material term of this EULA (including, but not limited to, the Prohibited Conduct in Section 7 or the Safety protocols in Section 4).

  • Your Membership becomes Inactive due to non-payment or expiration.

  • You engage in conduct that Drill Dragon believes, in its sole discretion, is harmful to other users, the Drill Dragon brand, or the integrity of the Training Infrastructure.


8.3 Effect of Termination and Limitation of Recourse. Upon termination of this EULA for any reason:

  • All licenses granted to you herein shall immediately cease and your access to the Training Platform, including the App, Members Portal, and all Platform-Derived Data, will be revoked.

  • Sensor Disablement: You acknowledge and agree that upon termination of this EULA or transition to Inactive status, any associated sensors will cease functioning with the Training Platform, as their firmware, connectivity, and data-capture capabilities require an Active Membership.

  • You agree that Drill Dragon shall have no liability to you or any third party for any termination of your access to the Training Platform or the resulting disablement of hardware.

  • Recourse Cap: Under no circumstances shall Drill Dragon’s total liability for all damages, losses, and causes of action arising from the termination of this license exceed the amount of Membership fees paid by you (or the Account Owner on your behalf) to Drill Dragon during the twelve (12) months immediately preceding the termination.

  • Any provisions of this EULA that by their nature should survive termination shall remain in full force and effect.


Section 9: Warranties & Disclaimers


9.1 "As-Is" and "As-Available" System. THE TRAINING PLATFORM, INCLUDING ALL ASSOCIATED HARDWARE, SENSORS, SOFTWARE, CONTENT, AND SERVICES, ARE PROVIDED ON AN "AS-IS" AND "AS-AVAILABLE" BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, DRILL DRAGON DISCLAIMS ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.


9.2 Performance and Data Accuracy. While Drill Dragon utilizes proprietary algorithms and "Sport-Specific Performance Models" to provide high-fidelity training insights, you acknowledge that:

  • No Guarantee of Accuracy: We do not warrant that the Platform-Derived Data, statistics, or benchmarks will be 100% accurate, error-free, or uninterrupted.

  • Environmental Variables: Sensor performance and data synchronization may be affected by environmental factors, user error, or external dependencies beyond our control.

  • No Guarantee of Athletic Results: Drill Dragon makes no guarantees, representations, or warranties regarding your athletic improvement, scholarship opportunities, or professional prospects resulting from the use of the Training Platform.


9.3 Third-Party Content. Drill Dragon does not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the Training Platform or any hyperlinked website.


9.4 Safety Disclaimer. AS STATED IN SECTION 4, DRILL DRAGON IS NOT RESPONSIBLE FOR ANY INJURY OR HEALTH ISSUES ARISING FROM YOUR USE OF THE PLATFORM. YOU ACKNOWLEDGE THAT PHYSICAL TRAINING CARRIES INHERENT RISKS AND THAT YOU ARE VOLUNTARILY ASSUMING THOSE RISKS BY USING THE SERVICE.


9.5 Membership Assurance (Limited Hardware Warranty). The only warranties provided regarding the physical sensors are those expressly set forth in the Membership Assurance section of the Terms of Service & Sale (TOS). No other warranties, oral or written, shall apply to the hardware. Failure to maintain an Active Membership or install mandatory firmware updates as described in Section 6.3 voids any such hardware coverage.


Section 10: Limitation of Liability


10.1 Exclusion of Consequential Damages. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL DRILL DRAGON, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES. THIS INCLUDES, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES ARISING OUT OF OR RELATING TO THE USE OF, OR INABILITY TO USE, THE TRAINING PLATFORM.


10.2 Scope of Limitation. THIS LIMITATION OF LIABILITY APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF DRILL DRAGON HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. THIS LIMITATION EXPRESSLY EXTENDS TO ANY CLAIMS ARISING FROM PERSONAL INJURY, DEATH, OR DAMAGE TO PERSONAL PROPERTY RESULTING FROM THE USE OR MALFUNCTION OF THE TRAINING PLATFORM OR ASSOCIATED HARDWARE.


10.3 Maximum Liability Cap. UNDER NO CIRCUMSTANCES SHALL DRILL DRAGON’S TOTAL AGGREGATE LIABILITY TO YOU (OR THE ACCOUNT OWNER) FOR ALL CLAIMS, DAMAGES, AND CAUSES OF ACTION EXCEED THE TOTAL AMOUNT OF MEMBERSHIP FEES PAID TO DRILL DRAGON DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE LIABILITY.  NOTHING IN THIS SECTION 10 SHALL LIMIT OR EXCLUDE LIABILITY FOR GROSS NEGLIGENCE, WILLFUL MISCONDUCT, OR ANY LIABILITY THAT CANNOT BE LIMITED UNDER APPLICABLE LAW.


10.4 Fundamental Basis of the Bargain. YOU ACKNOWLEDGE AND AGREE THAT THE WARRANTY DISCLAIMERS IN SECTION 9 AND THE LIMITATIONS OF LIABILITY IN THIS SECTION 10 ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN DRILL DRAGON AND YOU. DRILL DRAGON WOULD NOT BE ABLE TO PROVIDE THE TRAINING PLATFORM OR THE SERVICE ON AN ECONOMICALLY REASONABLE BASIS WITHOUT THESE LIMITATIONS.


10.5 Jurisdictional Variations. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. THIS AGREEMENT GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM JURISDICTION TO JURISDICTION. THE DISCLAIMERS, EXCLUSIONS, AND LIMITATIONS OF LIABILITY UNDER THIS AGREEMENT WILL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.

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Section 11: Indemnification


11.1 Your Obligation to Indemnify. You agree to defend, indemnify, and hold harmless Drill Dragon LLC, its parent company, affiliates, and their respective officers, directors, employees, and agents (the "Drill Dragon Parties") from and against any and all claims, damages, obligations, losses, liabilities, costs, or debt, and expenses (including but not limited to attorney's fees) arising from:

  • Unauthorized Use: Your use of and access to the Training Platform in violation of this EULA or the TOS.

  • Safety Violations: Any personal injury or property damage resulting from your failure to follow the Safety Protocols in Section 4 or your negligent use of the hardware and software.

  • User-Generated Content: Any claim that your use of the platform (including any data or content you input) violated the rights of a third party, including privacy or intellectual property rights.

  • Breach of Contract: Your violation of any term of this EULA or any applicable law or regulation.


11.2 Control of Defense. Drill Dragon reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of these claims. You agree not to settle any matter without the prior written consent of Drill Dragon. Drill Dragon will use reasonable efforts to notify you of any such claim, action, or proceeding upon becoming aware of it.


Section 12: Dispute Resolution & Governing Law


12.1 Governing Law. This EULA and any dispute arising out of or related to it shall be governed by and construed in accordance with the laws of the State of New York, United States of America, without regard to its conflict of law principles.


12.2 Informal Resolution. Before filing a formal claim, you agree to try to resolve the dispute informally by contacting Drill Dragon at legal@drilldragon.com. We will attempt to resolve the dispute via email or phone within thirty (30) days of receipt of your notice.


12.3 Binding Arbitration. If the dispute is not resolved within thirty (30) days, you and Drill Dragon agree to resolve any claims relating to this EULA or the Training Platform through final and binding arbitration administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules.

  • Venue: The arbitration shall take place in Westchester County, New York, unless otherwise agreed by both parties.

  • Language: The arbitration shall be conducted in the English language.

  • Judgment: Judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.

  • Jury Trial Waiver: YOU AND DRILL DRAGON UNDERSTAND AND AGREE THAT BY ENTERING INTO THIS EULA, EACH PARTY IS WAIVING THE RIGHT TO A TRIAL BY JURY FOR ANY CLAIMS SUBJECT TO THIS ARBITRATION AGREEMENT.


12.4 Class Action Waiver. YOU AND DRILL DRAGON AGREE THAT ANY PROCEEDINGS TO RESOLVE OR LITIGATE ANY DISPUTE WILL BE CONDUCTED SOLELY ON AN INDIVIDUAL BASIS. NEITHER YOU NOR DRILL DRAGON WILL SEEK TO HAVE ANY DISPUTE HEARD AS A CLASS ACTION, REPRESENTATIVE ACTION, OR COLLECTIVE ARBITRATION.


12.5 Exceptions to Agreement to Arbitrate. Either party may bring a lawsuit solely for injunctive relief to stop unauthorized use or abuse of the Training Platform, or intellectual property infringement (including, but not limited to, trademark, trade secret, copyright, or patent rights) without first engaging in arbitration or the informal dispute-resolution process. For such actions, you consent to the exclusive jurisdiction and venue of the state and federal courts located in Westchester County, New York.


12.6 Time Limit for Claims. YOU AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE TRAINING PLATFORM MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.

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Section 13: Miscellaneous


13.1 Entire Agreement. This EULA, along with the Terms of Service & Sale (TOS) and the Privacy Policy, constitutes the entire agreement between you and Drill Dragon regarding the Training Platform and supersedes all prior agreements or understandings.


13.2 Severability. If any provision of this EULA is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that this EULA will otherwise remain in full force and effect and enforceable.


13.3 No Waiver. The failure of Drill Dragon to enforce any right or provision of this EULA will not be deemed a waiver of such right or provision.


13.4 Assignment. You may not assign or transfer this EULA or your Membership without Drill Dragon’s prior written consent. Drill Dragon may assign or transfer this EULA, in whole or in part, without restriction.


13.5 Export Compliance. The Training Platform and associated hardware are subject to United States export controls. You agree to comply with all applicable export laws and represent that you are not located in a country subject to a U.S. government embargo or designated as a "terrorist supporting" country.


13.6 Force Majeure. Drill Dragon shall not be liable for any failure or delay in performance under this EULA due to causes beyond its reasonable control, including, but not limited to, acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes, fuel or energy shortages, or systemic failures of the internet or telecommunications infrastructure.


13.7 Survival. The provisions of this EULA which by their nature should survive termination shall survive, including, without limitation:

  • Section 5: Data Ownership and Use Rights

  • Section 7: Prohibited Conduct and Proprietary Technology

  • Section 10: Limitation of Liability

  • Section 11: Indemnification

  • Section 12: Dispute Resolution and Governing Law

  • Section 13: Miscellaneous


13.8 Electronic Communications. By using the Training Platform, you consent to receiving electronic communications from Drill Dragon. These communications may include notices about your account and are part of your relationship with us.


Section 14: Data Security and Infrastructure


14.1 Infrastructure Standards. Drill Dragon utilizes industry-leading third-party service providers—including Google Cloud and Stripe—for data hosting, high-fidelity processing, and secure payment handling. We select these partners based on their robustness and rely on their enterprise-grade capabilities to maintain the Training Platform’s integrity.


14.2 Security Measures. Drill Dragon implements reasonable administrative and technical safeguards designed to protect your data. These include encrypted data transmission and the utilization of the native security protocols provided by our infrastructure partners.


14.3 Payment Processing. All financial transactions are processed through Stripe.

  • No Financial Data Retention: You acknowledge that Drill Dragon does not store or hold your full credit card numbers, CVVs, or other sensitive financial credentials on its own servers.

  • Direct Integration: Such data is provided directly to Stripe, whose use of your personal information is governed by their Privacy Policy and security standards.


14.4 Limitation of Liability for Infrastructure. While we utilize world-class partners, you acknowledge that no system is 100% secure. You agree that:

  • No Absolute Guarantee: Drill Dragon cannot and does not guarantee that unauthorized third parties (hackers) will never defeat our security measures or those of our service providers.

  • Infrastructure Failures: Drill Dragon is not liable for any data breach, service interruption, or loss resulting from the failure or compromise of third-party infrastructure providers, provided that Drill Dragon has not been grossly negligent in its selection of such providers.


14.5 Notification of Security Breach. In the event that Drill Dragon becomes aware of a security breach that results in the unauthorized acquisition of your "Private Information" (as defined by applicable law, such as the New York SHIELD Act), we will notify you in accordance with the timing and method requirements mandated by such laws. You agree that such notice may be provided via the email address associated with your account or through a conspicuous notice on the Members Portal.


Section 15: Apple App Store Additional Terms


If you access the Training Platform through an application distributed via Apple’s App Store, the following additional terms apply:


15.1 Acknowledgment. This EULA is concluded between you and Drill Dragon only, and not with Apple Inc. (“Apple”). Drill Dragon, not Apple, is solely responsible for the Training Platform and its content.
 

15.2 Scope of License. The license granted to you for the Training Platform is limited to a non-transferable license to use the application on any Apple-branded products that you own or control and as permitted by the Usage Rules set forth in Apple’s App Store Terms of Service.
 

15.3 Maintenance and Support. Drill Dragon is solely responsible for providing any maintenance and support services with respect to the Training Platform. Apple has no obligation whatsoever to furnish any maintenance or support services.
 

15.4 Warranty. To the extent any warranty exists under applicable law and is not effectively disclaimed in this EULA, Drill Dragon, and not Apple, is solely responsible for such warranty. In the event of any failure of the Training Platform to conform to any applicable warranty, you may notify Apple, and Apple may refund the purchase price (if any) paid for the application. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Training Platform.
 

15.5 Product Claims. Drill Dragon, not Apple, is responsible for addressing any claims by you or any third party relating to the Training Platform or your possession and/or use of the Training Platform, including but not limited to: (a) product liability claims; (b) any claim that the Training Platform fails to conform to any applicable legal or regulatory requirement; and (c) claims arising under consumer protection, privacy, or similar legislation.
 

15.6 Intellectual Property Claims. In the event of any third-party claim that the Training Platform or your possession and use of the Training Platform infringes that third party’s intellectual property rights, Drill Dragon, not Apple, will be solely responsible for the investigation, defense, settlement, and discharge of any such intellectual property infringement claim.
 

15.7 Legal Compliance. You represent and warrant that (a) you are not located in a country that is subject to a U.S. Government embargo or designated as a “terrorist supporting” country; and (b) you are not listed on any U.S. Government list of prohibited or restricted parties.
 

15.8 Third-Party Beneficiary. Apple and Apple’s subsidiaries are third-party beneficiaries of this EULA. Upon your acceptance of this EULA, Apple will have the right (and will be deemed to have accepted the right) to enforce this EULA against you as a third-party beneficiary.

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