98Strong Athlete Terms of Service

Last Updated: September 2026   |   Version: September 2026

1. About These Terms

1.1 Agreement. These Athlete Terms of Service ("Terms") are a binding agreement between you and 98 Strong Inc., a Delaware corporation ("98Strong," "we," "us," or "our"). They govern your access to and use of www.98strong.com, our athlete portals, landing pages, forms, and related tools (the "Platform"), and your participation in name, image, and likeness ("NIL") opportunities offered through 98Strong (together with the Platform, the "Services").

1.2 Who These Terms Cover. These Terms apply to student-athletes and other individuals who register with 98Strong as athletes or creators ("Athletes" or "you"). Brands and other business customers are governed by their separate agreements with 98Strong, not these Terms. If you only browse our public website without registering, Sections 1, 11.2, 12, 13, 14, and 16 through 23 apply to you.

1.3 Acceptance. You accept these Terms by checking the box or clicking the button indicating your agreement when you create an account, update your account, or accept an Opportunity. If you do not agree to these Terms, do not register for or use the Services.

1.4 Campaign Terms. Individual Opportunities may be governed by additional written terms, such as the 98Strong NIL Athlete Agreement, a campaign brief, a statement of work, or an AI Content Consent (each, "Campaign Terms"). Campaign Terms are incorporated into these Terms. If Campaign Terms conflict with these Terms, the Campaign Terms control for that Opportunity only.

1.5 Privacy. Our Privacy Policy, available on our website at www.98strong.com, describes how we collect, use, and share personal information and is incorporated into these Terms.

2. Eligibility and Accounts

2.1 Eligibility. To register for or use the Services, you must (a) be at least eighteen (18) years old; (b) be legally able to enter into a binding contract; (c) not be barred from using the Services under applicable law; and (d) not have had a 98Strong account previously terminated for breach of these Terms.

2.2 Accurate Information. You agree to provide accurate, current, and complete information and to keep it updated, including your legal name, school, sport, eligibility status, contact information, shipping address, payout details, and social media accounts.

2.3 Changes in Status. You must notify us within five (5) business days if you transfer schools, enter a transfer portal, lose or have your athletic eligibility suspended, leave your team, or become subject to any restriction that could affect an Opportunity you have accepted or are being considered for.

2.4 Account Security. You are responsible for keeping your login credentials confidential and for all activity under your account. Notify us immediately at athlete@98Strong.com of any unauthorized use. Accounts are personal to you and may not be shared, sold, or transferred.

3. The Services and Our Relationship

3.1 What We Do. 98Strong operates a marketing platform that connects Athletes with brands and their agencies ("Brand Partners") for NIL opportunities, including ambassador programs, social media content, product seeding, campus activations, and appearances ("Opportunities").

3.2 No Guarantee of Opportunities. We do not guarantee that you will be offered or selected for any Opportunity, or any particular number, type, or value of Opportunities, or any particular results. Brand Partners may make selection decisions in their discretion.

3.3 What We Are Not. 98Strong is not your sports agent, athlete agent, attorney, accountant, or financial advisor. We do not negotiate or advise on professional sports contracts, athletic scholarships, or revenue-sharing or other agreements between you and your school, conference, or any professional team, and we do not give legal advice about your eligibility. We encourage you to consult your school's compliance office and your own advisors before accepting any Opportunity.

3.4 Independent Contractor. You perform all Opportunities as an independent contractor. Nothing in these Terms or any Campaign Terms creates an employment, partnership, joint venture, franchise, or agency relationship between you and 98Strong or any Brand Partner. You are not entitled to employee wages or benefits from 98Strong. Subject to the requirements of the applicable Campaign Terms, you control the manner and means of creating your content and performing your services.

4. NIL Rules and Compliance

4.1 Your Responsibility. You are solely responsible for complying with all rules that apply to your NIL activities, including the bylaws of the NCAA (or other governing athletic association), your conference's and school's policies, applicable state and federal NIL laws, and the requirements of the College Sports Commission or any successor clearinghouse or enforcement body (collectively, "NIL Rules").

4.2 Disclosure and Reporting. You will make every disclosure and report required by NIL Rules for each Opportunity, within the required deadlines. We may provide information to help you do so, but disclosure and reporting remain your responsibility unless the Campaign Terms expressly state otherwise. You authorize us to provide details of your Opportunities to your school, conference, or any applicable clearinghouse upon their request.

4.3 Your Representations. Each time you accept an Opportunity, you represent and warrant that:

(a) your compensation is for the use of your NIL and for services you actually perform, and is not an inducement to enroll at, remain at, or transfer to any school, or payment for athletic performance;

(b) accepting and performing the Opportunity does not conflict with any agreement you are bound by, including any team, school, conference, apparel, sponsorship, revenue-sharing, or other NIL agreement;

(c) you will not use the names, logos, trademarks, uniforms, or facilities of your school, conference, or athletic association without written permission from the owner; and

(d) the Opportunity does not involve a product or service category that your NIL Rules prohibit (which may include, for example, sports wagering, alcohol, tobacco or vaping products, cannabis, or adult entertainment).

4.4 Conflicts. If you learn that an Opportunity may violate NIL Rules or conflict with another agreement, you must notify us promptly. We may pause, modify, or cancel the Opportunity, without liability to you, to avoid a violation.

4.5 No Eligibility Assurance. We make no representation that any Opportunity is permitted under the NIL Rules that apply to you, and we are not responsible for any effect an Opportunity has on your athletic eligibility, scholarship, or standing with your school.

5. Content Standards, Advertising Disclosures, and Product Safety

5.1 Deliverables. You will create and publish content in accordance with the applicable Campaign Terms, creative brief, and approval process, and keep approved content live for any period the Campaign Terms require.

5.2 Required Disclosures. In every piece of sponsored content, you must clearly and conspicuously disclose your relationship with the Brand Partner (for example, "#ad," "#BrandNamePartner," or the platform's paid-partnership label), consistent with the Federal Trade Commission's Guides Concerning the Use of Endorsements and Testimonials in Advertising and other applicable laws. Disclosures must appear in the content itself where viewers will see them, not only in your bio, in a link, or hidden among other hashtags.

5.3 Honest Endorsements and Claims. Your endorsements must reflect your honest opinions and actual experience. You will not state or imply that you have used a product you have not used. You will not make any claim about health, nutrition, athletic performance, weight loss, or the prevention or treatment of any disease or condition, or any other factual claim about a product, unless the claim has been approved in writing by the Brand Partner or 98Strong. You will not post, or help anyone post, fake or misleading reviews or testimonials.

5.4 Banned Substances and Product Safety. Some products, including dietary supplements, sports nutrition, and energy products, may contain substances banned by the NCAA, your conference, or your school. Before consuming any product you receive, you are responsible for checking it against the banned-substance rules that apply to you and consulting your athletic trainer or compliance staff. You may decline any product or Opportunity for this reason. 98Strong does not manufacture products, makes no representation about product ingredients or safety, and is not responsible for any drug test result, eligibility consequence, allergic reaction, or injury resulting from your use of a Brand Partner's product.

5.5 Prohibited Content. You will not create, submit, or publish content in connection with the Services that is unlawful, defamatory, harassing, hateful, sexually explicit, or violent; that infringes or misappropriates anyone's intellectual property, privacy, or publicity rights; that depicts any identifiable person without their permission; that is false or misleading; or that disparages a Brand Partner or its products during an active Opportunity.

5.6 Social Platforms. You will comply with the terms and branded-content policies of each social media platform on which you publish content for an Opportunity.

6. Compensation, Payment, and Taxes

6.1 Compensation. Compensation for each Opportunity, whether cash, product, or both, is set out in the applicable Campaign Terms. Unless the Campaign Terms say otherwise, compensation is earned when the required deliverables are completed, approved (where approval is required), and posted.

6.2 Payment. We will initiate payment of earned cash compensation through Bill.com within thirty (30) days after the date the approved deliverable is posted, and payment will be deposited to your account within forty-five (45) days after that posting date. Payment is subject to your completing account setup with Bill.com, including accurate payout information and a valid IRS Form W-9. If your setup is not complete when payment would otherwise be sent, these periods begin on the date your setup is completed. We are not responsible for delays caused by Bill.com, your bank, or inaccurate payout information you provide. Your use of Bill.com is also subject to its terms.

6.3 Product. Products you receive as compensation are provided for use in the Opportunity. Unless the Campaign Terms allow it, you may not resell products you receive. Products may have taxable value.

6.4 Non-Performance. If you fail to complete required deliverables, remove content before the required period ends, fail to include required disclosures, or materially breach these Terms or the Campaign Terms, we may withhold compensation for the affected deliverables, and you agree to repay any compensation already paid for deliverables you did not complete or did not keep live for the required period. We may offset amounts you owe us against amounts we owe you.

6.5 Cancellation Not Caused by You. If a Brand Partner or 98Strong cancels an Opportunity for reasons other than your breach, you will be paid for deliverables you completed and that were approved before the cancellation, as further described in the Campaign Terms.

6.6 Taxes. You are responsible for all taxes on compensation you receive, including product value. We will issue IRS Form 1099 or other tax forms as required by law and may apply backup withholding where required.

6.7 Payment Disputes. You must notify us in writing of any payment error or dispute within sixty (60) days after the payment date (or the date payment was due).

7. Content Ownership and Licenses

7.1 Your Ownership. As between you and 98Strong, you own the content you create and submit through the Services ("Your Content"), subject to the licenses in these Terms and any Campaign Terms.

7.2 License to Operate the Platform. You grant 98Strong a non-exclusive, worldwide, royalty-free license, for as long as you maintain an account and for ninety (90) days afterward, to host, store, reproduce, format, and display Your Content and your name, image, likeness, biographical information, school, sport, social media handles, and social media metrics ("Profile Information") as reasonably necessary to operate the Services, including presenting your profile to current and prospective Brand Partners for potential Opportunities.

7.3 License to Promote 98Strong. For content published as part of a completed Opportunity, you grant 98Strong a non-exclusive, royalty-free license to use that content, and your name and likeness as they appear in it, to promote 98Strong's own services (for example, in case studies, proposals, pitch decks, our website, and 98Strong's social media channels) for twenty-four (24) months after publication. This license does not allow us to state or imply that you endorse any brand, product, or service other than the one featured in the original content. You may ask us in writing to stop future promotional uses, and we will use reasonable efforts to remove the content from channels we control within thirty (30) days; this does not require us to recall materials already distributed.

7.4 Brand Partner Rights. All rights of Brand Partners to use content created for an Opportunity, including media, territory, term, paid media, whitelisting or boosting, and any exclusivity, are set out only in the applicable Campaign Terms. These Terms do not grant any rights to Brand Partners.

7.5 Routine Editing. You agree that 98Strong and the applicable Brand Partner may make routine edits to approved content, such as cropping, resizing, color correction, adding captions, subtitles, logos, or legal disclosures, and reformatting for different platforms, consistent with the Campaign Terms.

7.6 Your Representations About Content. You represent and warrant that (a) you own or have all rights needed to grant the licenses in these Terms and the Campaign Terms; (b) you have obtained written permission from every identifiable person in Your Content (and from a parent or guardian for any minor); and (c) Your Content does not include third-party music, artwork, trademarks, or other material you are not licensed to use.

7.7 Feedback. If you give us suggestions or feedback about the Services, we may use them without restriction or compensation to you.

8. Artificial Intelligence and Synthetic Media

8.1 Definition. "Synthetic Media" means any image, video, audio, or other content that is generated or materially altered using artificial intelligence or similar technology and that depicts or simulates your face, body, voice, or likeness doing or saying something you did not actually do or say, including digital replicas and AI-generated variations of your photos or videos.

8.2 Routine Edits Are Not Synthetic Media. The routine edits described in Section 7.5, including edits made with AI-assisted tools, are not Synthetic Media, as long as they do not change what you appear to say or do or materially alter your physical appearance.

8.3 No Model Training. We will not use Your Content or Profile Information to train or fine-tune any artificial intelligence model without your separate written consent.

8.4 Your Use of AI. You will not submit AI-generated content as a deliverable, or content that falsely depicts you using a product, unless the Campaign Terms allow it and it is disclosed as required by law and platform policy.

9. Data, Brand Partners, and Connected Accounts

9.1 Sharing With Brand Partners. You authorize us to share your Profile Information with current and prospective Brand Partners and their agencies. For Opportunities you accept, you also authorize us to share your contact information, shipping address, and content performance data with the relevant Brand Partner, its agencies, and fulfillment vendors, to evaluate, fulfill, and measure the Opportunity, as described in our Privacy Policy.

9.2 Connected Social Accounts. If you connect a social media account to the Services, you authorize us to retrieve the profile information and insights made available through that platform (such as follower counts, reach, impressions, engagement, and audience demographics). You may disconnect at any time, but data already retrieved may be retained as described in our Privacy Policy.

9.3 Payment and Tax Information. Taxpayer identification and payout account information is collected and used only for payment, tax reporting, fraud prevention, and legal compliance, and is collected directly by our payment processor, Bill.com, where possible.

9.4 Aggregated Data. We may create and use aggregated or de-identified data that does not identify you, including for benchmarks, reporting, and improving the Services.

9.5 Security. We use reasonable administrative, technical, and physical safeguards to protect your information, but no system is completely secure and we cannot guarantee security.

10. Communications and Text Messages

10.1 Electronic Communications. You consent to receive agreements, notices, disclosures, tax forms, and other communications from us electronically, by email, through the Platform, or by other electronic means, and agree that they satisfy any legal requirement that such communications be in writing.

10.2 Text Messages. If you opt in to text messages, you agree to receive recurring automated marketing and informational text messages from 98Strong at the mobile number you provide, including about Opportunities, deadlines, shipments, and your account. Consent to text messages is not a condition of registering or of any Opportunity. Message frequency varies. Message and data rates may apply. Reply STOP to opt out or HELP for help. You agree to notify us promptly if you give up or change your mobile number. Mobile carriers are not liable for delayed or undelivered messages.

11. Conduct, Prohibited Activities, and Non-Circumvention

11.1 Conduct. During any Opportunity, you will not engage in conduct that, in our reasonable judgment, brings you, 98Strong, or the Brand Partner into public disrepute, scandal, or ridicule, or that would reasonably be expected to materially harm the Brand Partner's reputation. If you do, we may suspend or cancel the affected Opportunity, and compensation for unperformed deliverables will not be owed.

11.2 Prohibited Activities. You will not:

(a) access or attempt to access any part of the Services you are not authorized to access, or bypass any security or access controls;

(b) impersonate any person or misrepresent your identity, school, sport, eligibility, or affiliation;

(c) use bots, scrapers, crawlers, or other automated means to access the Services or extract data, or copy or compile any directory or database of athletes, Brand Partners, or Opportunities;

(d) reverse engineer, decompile, or attempt to derive the source code of any part of the Services;

(e) interfere with or disrupt the Services or place an unreasonable load on our systems;

(f) use purchased followers, bots, engagement pods, or other methods to artificially inflate your audience or engagement metrics, or misrepresent any metrics;

(g) use information obtained through the Services to harass, solicit, or harm any person, or to send unsolicited commercial messages;

(h) use the Services to build or support a competing product or service; or

(i) use the Services in violation of any law or these Terms.

11.3 Non-Circumvention. While you have an account and for twelve (12) months after your most recent Opportunity with a particular Brand Partner, you will not knowingly enter into an NIL agreement directly with that Brand Partner (or its agency) for services substantially similar to those performed through 98Strong without first giving 98Strong the opportunity to manage the engagement. This Section does not apply to any Brand Partner you had a documented relationship with before we introduced you, or to agreements with your own school, conference, or its designees.

12. 98Strong Intellectual Property

The Services and all software, designs, text, graphics, and other materials we provide (excluding Your Content), and the 98Strong name, logos, and other marks, are owned by or licensed to 98Strong and protected by intellectual property laws. Subject to these Terms, we grant you a limited, revocable, non-exclusive, non-transferable license to access and use the Services for their intended purpose. You may not use our marks without our prior written permission. We reserve all rights not expressly granted.

13. Copyright Complaints

If you believe content on the Services infringes your copyright, send a written notice to our designated agent that includes (a) your physical or electronic signature; (b) identification of the copyrighted work claimed to be infringed; (c) identification of the allegedly infringing material and information reasonably sufficient for us to locate it; (d) your name, address, telephone number, and email address; (e) a statement that you have a good-faith belief that the use is not authorized by the copyright owner, its agent, or the law; and (f) a statement that the information in the notice is accurate and, under penalty of perjury, that you are authorized to act on behalf of the copyright owner. Our designated agent is: 98 Strong Inc., Attn: Legal, 99 Snowden Lane, Princeton, NJ 08540; athlete@98Strong.com. We may remove content in response to notices and may terminate the accounts of repeat infringers in appropriate circumstances.

14. Third Parties and Brand Partners

The Services may link to or integrate with third-party websites, platforms, and services, and Opportunities involve products and services of Brand Partners. We do not control and are not responsible for third-party websites or services, or for Brand Partners' products, product claims, or conduct, and your use of them is subject to their terms. If you have a dispute with another user or a third party (other than 98Strong), you release 98Strong from claims arising from that dispute to the extent permitted by law, and, if you are a California resident, you waive California Civil Code § 1542 solely with respect to that release, which provides: "A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party."

15. Suspension and Termination

15.1 By You. You may close your account at any time by emailing athlete@98Strong.com. Closing your account does not cancel Opportunities you have already accepted, which remain governed by their Campaign Terms.

15.2 By Us. We may suspend or terminate your account or access to the Services, or cancel an Opportunity, if you breach these Terms or Campaign Terms, if we reasonably believe your participation creates legal, compliance, reputational, or NIL Rules risk, if required by law, or if we discontinue the Services. Where practical, we will give you notice.

15.3 Effect. Upon termination, your right to use the Services ends. You will be paid compensation earned for deliverables completed and approved before termination, unless termination resulted from your fraud or material breach relating to those deliverables. Sections 4.5, 5.4, 6.4 through 6.7, 7.3 through 7.7, 8, 9.4, and 12 through 23, and any other provisions that by their nature should survive, survive termination. Licenses granted under Campaign Terms survive according to their terms.

16. Disclaimers

TO THE FULLEST EXTENT PERMITTED BY LAW, THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE," AND 98STRONG DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE; THAT ANY OPPORTUNITY WILL BE AVAILABLE, PERMITTED UNDER YOUR NIL RULES, OR SUCCESSFUL; OR ANYTHING ABOUT ANY BRAND PARTNER'S PRODUCTS OR SERVICES. SOCIAL MEDIA PLATFORMS MAY CHANGE THEIR FEATURES OR POLICIES AT ANY TIME, AND WE ARE NOT RESPONSIBLE FOR THOSE CHANGES.

17. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, (A) 98STRONG AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, REVENUE, OPPORTUNITIES, ELIGIBILITY, OR DATA, ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES; AND (B) 98STRONG'S TOTAL LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES WILL NOT EXCEED THE GREATER OF ONE HUNDRED DOLLARS ($100) OR THE TOTAL CASH COMPENSATION 98STRONG PAID TO YOU IN THE TWELVE (12) MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM. THIS SECTION DOES NOT LIMIT (I) OUR OBLIGATION TO PAY COMPENSATION YOU HAVE EARNED, (II) LIABILITY FOR OUR GROSS NEGLIGENCE, FRAUD, OR WILLFUL MISCONDUCT, OR (III) ANY LIABILITY THAT CANNOT BE LIMITED UNDER APPLICABLE LAW.

18. Indemnification

18.1 By You. You will defend, indemnify, and hold harmless 98Strong, its affiliates, and their officers, directors, employees, and agents from and against third-party claims, and related losses, liabilities, damages, and reasonable attorneys' fees, arising out of (a) your breach of these Terms or Campaign Terms; (b) Your Content; (c) your violation of NIL Rules, advertising disclosure requirements, or any law; (d) your infringement of any third party's rights; or (e) your conduct in connection with an Opportunity.

18.2 By 98Strong. 98Strong will defend, indemnify, and hold you harmless from and against third-party claims, and related losses and reasonable attorneys' fees, arising out of 98Strong's use of Your Content or your likeness outside the scope of the licenses and consents you granted.

18.3 Process. The indemnified party will give prompt notice of the claim and reasonable cooperation. The indemnifying party may control the defense, but may not settle any claim that imposes obligations on the indemnified party without its written consent, which will not be unreasonably withheld.

19. Dispute Resolution, Arbitration, and Class Action Waiver

19.1 Informal Resolution. Before starting arbitration or a court action, you and 98Strong agree to try to resolve any dispute informally. The party raising the dispute must send written notice describing it (to us at athlete@98Strong.com; to you at your account email), and both parties will negotiate in good faith for thirty (30) days.

19.2 Binding Arbitration. Except as provided in Section 19.3, any dispute, claim, or controversy arising out of or relating to these Terms, any Campaign Terms that do not contain their own dispute resolution clause, or the Services ("Dispute") will be resolved by final and binding individual arbitration administered by JAMS under its applicable rules and procedures then in effect, including the JAMS Consumer Arbitration Minimum Standards to the extent they apply. The Federal Arbitration Act governs this Section. The arbitration will take place by video conference or in the county where you reside, unless the parties agree otherwise. 98Strong will pay all administrative and arbitrator fees for any arbitration you start, except for a filing fee not to exceed the fee you would pay to file in court. The arbitrator may award any individual relief available in court. Except as stated in Section 19.5, the arbitrator decides all questions of arbitrability.

19.3 Exceptions. Either party may (a) bring an individual claim in small claims court if it qualifies; and (b) seek injunctive or other equitable relief in court to stop the unauthorized use or infringement of intellectual property, confidential information, or a person's name, image, or likeness.

19.4 CLASS ACTION WAIVER. YOU AND 98STRONG AGREE THAT DISPUTES WILL BE RESOLVED ONLY ON AN INDIVIDUAL BASIS, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS, COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING. THE ARBITRATOR MAY NOT CONSOLIDATE CLAIMS OF MORE THAN ONE PERSON OR PRESIDE OVER ANY FORM OF CLASS OR REPRESENTATIVE PROCEEDING.

19.5 Mass Filings. If twenty-five (25) or more similar demands for arbitration are filed against 98Strong by the same or coordinated counsel, the demands will be administered in batches of up to twenty-five (25), with one batch proceeding at a time, and the administrator's fees will be assessed per batch to the extent permitted by its rules. A court will decide any dispute about the enforceability of this Section 19.5 or Section 19.4.

19.6 Right to Opt Out. You may opt out of this arbitration agreement by emailing athlete@98Strong.com within thirty (30) days after you first accept these Terms, with your name, account email, and a clear statement that you opt out of arbitration. Opting out does not affect any other part of these Terms.

19.7 Severability. If the class action waiver in Section 19.4 is found unenforceable as to any claim, that claim will be severed and decided in court under Section 20, and will not proceed in class arbitration. The remainder of this Section 19 will remain in effect.

19.8 Time to Bring Claims. To the extent permitted by law, any Dispute must be brought within two (2) years after the claim arises.

20. Governing Law and Venue

These Terms are governed by the laws of the State of New Jersey, without regard to its conflict-of-laws rules, and, as to Section 19, by the Federal Arbitration Act. For any Dispute that is not subject to arbitration, you and 98Strong consent to the exclusive jurisdiction of the state and federal courts located in Mercer County, New Jersey.

21. Changes to These Terms and the Services

21.1 Changes to Terms. We may update these Terms from time to time. We will post the updated Terms with a new "Last Updated" date. For material changes, we will notify you by email or through the Platform at least thirty (30) days before the changes take effect, and we may require you to accept the updated Terms to continue using the Services. Changes will not apply to Disputes that arose before the effective date or change the terms of Opportunities you have already accepted. If you do not agree to a change, you must stop using the Services and may close your account.

21.2 Changes to Arbitration. If we make a material change to Section 19, you may reject that change by emailing athlete@98Strong.com within thirty (30) days after it takes effect, in which case the prior version of Section 19 will continue to apply to you.

21.3 Changes to Services. We may modify, suspend, or discontinue any part of the Services at any time. We will honor compensation you have earned for completed deliverables.

22. General Terms

22.1 Entire Agreement; Order of Precedence. These Terms, the Privacy Policy, and any Campaign Terms are the entire agreement between you and 98Strong about the Services and replace all prior versions of our terms of use. If there is a conflict, the following order applies: (a) an AI Content Consent, as to Synthetic Media; (b) other Campaign Terms, as to the applicable Opportunity; (c) these Terms; and (d) the Privacy Policy, except as to how we handle personal information, where the Privacy Policy controls.

22.2 Assignment. You may not assign or transfer these Terms without our prior written consent. We may assign these Terms, in whole or in part, including in connection with a merger, acquisition, reorganization, or sale of all or substantially all of our assets or of the business line to which these Terms relate.

22.3 Other Terms. If any provision of these Terms is found unenforceable, it will be enforced to the maximum extent permissible and the rest of these Terms will remain in effect. Our failure to enforce any provision is not a waiver. Neither party is liable for delays caused by events beyond its reasonable control. Section headings are for convenience only. These Terms will not be construed against either party as the drafter. Electronic acceptance of these Terms has the same effect as a handwritten signature.

22.4 Notices. We may give you notice by email to your account email address or through the Platform. You must give notice to us at athlete@98Strong.com or 99 Snowden Lane, Princeton, NJ 08540. Email notices are effective twenty-four (24) hours after sending unless the sender is notified that the address is invalid.

22.5 California Users. Under California Civil Code § 1789.3, California users may contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (800) 952-5210.

23. Contact Us

98 Strong Inc.

99 Snowden Lane, Princeton, NJ 08540

Email: athlete@98Strong.com