Terms of Use

Last Updated: August 18, 2026

These Terms of Use govern your access to and use of www.qpathlete.com (the “Website”), https://qpathlete.mvt.so/ (the “Online Platform”), and all content, functionality, digital products, subscriptions, and services made available through the Website or Online Platform, including articles, blog content, podcasts, videos, educational materials, and other digital resources (collectively, the “Services”).

These Terms of Use are entered into by and between you (“you” or “User”) and Quantum Performance Inc. (“Company,” “we,” “us,” or “our”). The Athlete Within® is a brand and product of Quantum Performance Inc.

These Terms govern use of the Website and Online Platform. Individual coaching services provided by Quantum Performance Inc. may be subject to a separate coaching agreement, and that agreement governs the coaching relationship.

Please read these Terms carefully before using the Services. By accessing or using the Services, creating an account, purchasing a subscription or digital product, or clicking to accept or agree to these Terms when that option is made available, you agree to be bound by these Terms of Use, as well as our Privacy Policy and Disclaimer, which are incorporated into these Terms by reference.

If you do not agree to these Terms, you must not access or use the Services.

Age Requirements and Minors

The Online Platform is not intended for independent use by children under the age of 13. Individuals under the age of 13 may not create an account or independently access or use the Online Platform.

Individuals between the ages of 13 and 18 may use the Online Platform only with the consent and supervision of a parent or legal guardian. By permitting a minor to access or use the Online Platform, the parent or legal guardian agrees to these Terms and accepts responsibility for the minor’s use of the Online Platform.

Changes to These Terms

We may revise and update these Terms from time to time in our discretion. Changes will become effective when posted unless otherwise stated or required by applicable law.

Your continued use of the Services following the effective date of revised Terms constitutes acceptance of those changes to the extent permitted by law.

You are encouraged to review these Terms periodically.

Privacy

Your use of the Services is also governed by our Privacy Policy, which describes our practices regarding the collection, use, and handling of information.

By using the Services, you acknowledge our Privacy Policy.

Educational and Informational Purposes Only

The Services and all information, exercises, practices, programs, courses, audio, video, written materials, worksheets, prompts, articles, podcasts, and other content provided through them are intended for educational, informational, and performance-development purposes only.

Nothing provided through the Services is intended to constitute or replace psychological, psychiatric, psychotherapeutic, or other licensed professional advice, diagnosis, or treatment.

You should seek advice from an appropriately qualified professional regarding questions or concerns requiring professional diagnosis, treatment, or advice.

Scope of the Services

Quantum Performance Inc. provides mental performance education and digital resources designed to support sports, performance, personal development, and career enhancement.

Personal Responsibility

You are responsible for how you interpret, apply, and use information obtained through the Services.

You understand that performance, development, and personal outcomes depend on numerous factors, many of which are outside the Company's control.

You agree to exercise your own judgment and accept responsibility for your decisions, actions, and results arising from your use of the Services.

No Guarantees as to Results

The Company does not guarantee any particular performance, athletic, professional, personal, or other result from using the Services.

Testimonials, examples, case studies, or descriptions of experiences by other users do not constitute guarantees that you will achieve the same or similar results.

Subscriptions, Payments, and Automatic Renewal

Certain portions of the Online Platform or other digital Services may require payment or a subscription.

Pricing, billing frequency, trial periods, subscription terms, and other material purchase terms will be presented to you at or before the time of purchase.

If you purchase a subscription that automatically renews, your subscription will continue and your selected payment method will be charged at the applicable subscription rate and billing frequency unless and until you cancel, subject to applicable law.

By purchasing an automatically renewing subscription, you authorize the Company and its payment service providers to charge the applicable recurring subscription fees to your selected payment method in accordance with the terms presented to you at the time of purchase.

You may cancel a subscription using the cancellation method made available through the Online Platform or as otherwise provided at the time of purchase. Cancellation stops future renewals but does not ordinarily result in a refund for a subscription period that has already begun, except where required by law or where otherwise expressly stated.

Any free trial, promotional period, introductory offer, or discounted period will be subject to the terms disclosed when you enroll. If the offer converts to a paid subscription, the applicable price and renewal terms will be disclosed before enrollment.

We may change subscription pricing or terms from time to time. Any changes will be communicated and implemented in accordance with applicable law.

Nothing in these Terms limits any cancellation, refund, renewal-notice, or other consumer rights that cannot legally be waived.

Account Registration and Security

Certain portions of the Services, including the Online Platform, may require you to create an account.

You agree to provide accurate information when creating and maintaining your account and to keep your login credentials secure.

You are responsible for activity occurring through your account and for maintaining the confidentiality of your username, password, and other account credentials.

You agree to notify us promptly if you become aware of unauthorized access to or use of your account.

We reserve the right to suspend or disable accounts where we reasonably believe there has been unauthorized use, misuse, a security issue, or a violation of these Terms.

Personal Use and Account Sharing

Unless expressly authorized by the Company, access to paid digital Services is licensed to the registered account holder for personal, non-commercial use.

You may not sell, sublicense, commercially distribute, or provide your account credentials to unrelated third parties for the purpose of allowing them to avoid purchasing their own access to the Services.

Team, organization, school, coach, or other multi-user access may be subject to separate licensing terms or agreements.

Intellectual Property Rights

The Services and their contents, features, and functionality are owned by or licensed to Quantum Performance Inc. and are protected by applicable copyright, trademark, and other intellectual-property laws.

This includes, without limitation, written content, articles, blog content, podcasts, videos, courses, programs, frameworks, methodologies, exercises, worksheets, journals, prompts, guided practices, mental-performance practices, audio recordings, graphics, designs, logos, trademarks, downloadable materials, assessments, Performance Journeys, Playbooks, and other materials made available through the Website or Online Platform.

The Athlete Within® is a registered trademark of Quantum Performance Inc.

Your purchase of or access to paid Services gives you a limited, personal, non-exclusive, non-transferable, revocable license to access and use the applicable materials for your own personal and non-commercial purposes.

Unless expressly authorized in writing by Quantum Performance Inc., you may not reproduce, copy, record, republish, upload, post, transmit, distribute, sell, license, modify, create derivative works from, publicly display, teach, commercially exploit, or otherwise use Company content outside the personal-use license granted by these Terms.

No ownership rights in the Company's intellectual property are transferred to you through your purchase of, subscription to, or use of the Services.

User Content and Information You Provide

Certain portions of the Online Platform may allow you to submit, enter, upload, record, or store information, responses, journal entries, worksheet responses, comments, or other materials (“User Content”).

You retain ownership of your User Content.

You grant the Company a limited right to host, store, process, reproduce, and otherwise use User Content only as reasonably necessary to operate, maintain, secure, improve, and provide the Online Platform, fulfill your requests, comply with applicable law, and as otherwise described in our Privacy Policy.

We do not acquire ownership of your User Content merely because you submit it through the Online Platform.

Unless you separately authorize us to do so, submitting private User Content through the Online Platform does not give the Company permission to publicly display that content for marketing or promotional purposes.

You are responsible for ensuring that User Content you submit does not violate applicable law or the rights of another person.

Communications

By using the Services or communicating electronically with the Company, you consent to receive communications relating to your account, transactions, subscriptions, security, and use of the Services electronically.

You agree that electronic communications may satisfy legal requirements that communications be provided in writing, to the extent permitted by applicable law.

Marketing communications will be handled in accordance with applicable law and any choices or preferences available to you.

Communication and Community Features

The Online Platform may include communication, discussion, commenting, community, messaging, or similar interactive features.

If you use these features, you agree not to submit or transmit content that is unlawful, threatening, abusive, defamatory, harassing, infringing, deceptive, harmful, or that violates the rights or privacy of another person.

We reserve the right to moderate or remove content and to restrict or terminate access to interactive features where reasonably necessary to protect users, the Company, or the Online Platform or to enforce these Terms.

Third-Party Service Providers and Technology Platforms

The Company may use third-party technology providers, hosting providers, payment processors, communications providers, analytics services, and other service providers to operate and deliver the Website and Online Platform.

The Website and Online Platform may therefore depend upon technology, infrastructure, or services provided by third parties.

We are not responsible for interruptions, outages, failures, acts, or omissions of third-party services that are outside our reasonable control.

Your use of certain third-party functionality may also be subject to terms or policies imposed by those providers where applicable.

Links to Third-Party Websites and Resources

The Services may contain links to websites, applications, videos, podcasts, resources, products, or services operated or hosted by third parties.

These links are provided for convenience or informational purposes. The Company does not control and is not responsible for third-party content, availability, security, terms, or privacy practices.

The inclusion of a third-party link does not necessarily constitute endorsement by the Company.

Prohibited Uses

You may use the Services only for lawful purposes and in accordance with these Terms.

You may not:

use the Services in violation of applicable law;
attempt to gain unauthorized access to any account, system, network, or portion of the Services;
interfere with the proper operation or security of the Services;
introduce malicious code or other harmful technology;
scrape, harvest, systematically download, or extract content or data from the Services without authorization;
reproduce or distribute Company content except as expressly permitted by these Terms;
impersonate another person or misrepresent your identity or affiliation;
use the Services to infringe or violate the rights of another person; or
use Company content, materials, or intellectual property for commercial purposes without written authorization.

Availability and Modifications to the Services

We may update, modify, add, remove, suspend, or discontinue features, materials, content, or portions of the Website or Online Platform from time to time.

We do not guarantee that every feature or piece of content will remain available indefinitely.

We may temporarily suspend access for maintenance, security, technical, operational, or other legitimate reasons.

No Warranties

To the fullest extent permitted by applicable law, the Services and all content, materials, products, and information made available through them are provided on an “as is” and “as available” basis.

The Company makes no representation or warranty that the Services will be uninterrupted, error-free, completely secure, or that all information provided through the Services will be complete, accurate, or suitable for every individual or circumstance.

To the fullest extent permitted by law, the Company disclaims all warranties, express or implied, including warranties of merchantability, fitness for a particular purpose, and non-infringement.

Limitation of Liability

To the fullest extent permitted by applicable law, Quantum Performance Inc. and its owners, officers, employees, contractors, agents, affiliates, and service providers will not be liable for indirect, incidental, special, consequential, exemplary, or punitive damages arising out of or relating to your access to, use of, inability to use, or reliance upon the Services.

The Company will not be responsible for losses resulting from decisions or actions taken based upon educational or informational content provided through the Services.

Nothing in these Terms excludes or limits liability that cannot legally be excluded or limited under applicable law.

Indemnification

To the extent permitted by applicable law, you agree to indemnify and hold harmless Quantum Performance Inc. and its officers, employees, contractors, agents, and affiliates from claims, liabilities, damages, judgments, losses, costs, or expenses arising from your unlawful use of the Services, your violation of these Terms, or your infringement of another person's rights.

Termination and Access Restriction

We may suspend or terminate your access to the Online Platform or other restricted portions of the Services if you materially violate these Terms, misuse the Services, engage in unlawful activity, compromise the security or integrity of the Services, or fail to pay applicable fees.

You may discontinue use of the Services at any time.

Termination or cancellation does not affect provisions that by their nature should survive termination, including intellectual-property protections, limitations of liability, indemnification obligations, and other provisions intended to remain effective after access ends.

No Joint Venture or Other Relationship

Nothing in these Terms creates a partnership, joint venture, employment, agency, fiduciary, therapist-client, psychologist-patient, or other relationship beyond the contractual relationship established through your use of the Website or Online Platform.

Dispute Resolution and Arbitration

Any dispute arising out of or relating to these Terms or the Services that cannot be resolved informally will, to the fullest extent permitted by applicable law, be resolved through binding individual arbitration rather than in court.

Arbitration will be administered by the American Arbitration Association (“AAA”) under its applicable Consumer Arbitration Rules.

Either party may bring an eligible individual claim in small claims court.

To the fullest extent permitted by law, arbitration will take place only on an individual basis and not as a class, collective, or representative action.

By agreeing to arbitration, you and Quantum Performance Inc. understand that covered disputes will be decided by an arbitrator rather than by a judge or jury in court.

Nothing in this section limits any rights or remedies that cannot legally be waived.

Governing Law

These Terms will be governed by the laws of the State of California, without regard to conflict-of-law principles, except where applicable law requires otherwise.

For any dispute that is not subject to arbitration, and to the extent legally permitted, any legal action shall be brought in a court of competent jurisdiction located in San Diego County, California.

Nothing in this section limits any consumer right or remedy that cannot legally be waived or restricted.

Severability

If any provision of these Terms is determined to be invalid, illegal, or unenforceable, the remaining provisions will remain in full force and effect to the fullest extent permitted by law.

Waiver

The Company's failure to enforce any provision of these Terms does not constitute a waiver of that provision or of the Company's right to enforce it in the future.

Entire Agreement

These Terms, together with the Privacy Policy, Disclaimer, and any additional terms expressly presented in connection with a particular digital purchase, subscription, or use of the Online Platform, constitute the agreement between you and Quantum Performance Inc. regarding your use of the Website and Online Platform.

These Terms do not replace or modify any separate coaching agreement entered into between you and Quantum Performance Inc. with respect to individual coaching services.

Contact Us

If you have questions regarding these Terms, please contact:

Quantum Performance Inc.
5752 Oberlin Dr Ste 223
San Diego, CA 92121
Email: kate@qpathlete.com
Phone: (619) 446-6846

Copyright and Trademark

Unless otherwise stated, content made available through the Website and Online Platform is owned by or licensed to Quantum Performance Inc. and is protected by applicable copyright, trademark, and intellectual-property laws.

Reproduction, distribution, publication, commercial use, or other unauthorized use of Company content is prohibited.

The Athlete Within® is a registered trademark of Quantum Performance Inc.