TERMS AND CONDITIONS

Arena Community LLC

Effective Date: March 3, 2026

Last Updated: July 20, 2026

1. Agreement to Terms

1.1 Binding Agreement

These Terms and Conditions ("Terms") constitute a legally binding agreement between you ("Coach," "you," or "your") and Arena Community LLC ("Company," "we," "us," or "our") governing your access to and use of The Arena Coaching Platform located at www.thearenasummit.com (the "Platform").

1.2 Acceptance

By completing the registration process and clicking "Create Account," you represent and warrant that: (a) you have read, understood, and agree to be bound by these Terms; (b) you are of legal age to form a binding contract in your jurisdiction; and (c) if you are accepting these Terms on behalf of an organization, you have the authority to bind that organization to these Terms, and references to "you" and "your" shall include that organization. If you do not agree to these Terms, do not register for or use the Platform.

1.3 Privacy Policy

Your use of the Platform is also governed by our Privacy Policy, available at https://www.thearenasummit.com, which is incorporated by reference into these Terms.

1.4 Modifications to Terms

The Company reserves the right to modify these Terms at any time. For material changes, we will provide notice via email or Platform notification at least thirty (30) days before the changes take effect. For non-material changes, updated Terms will be posted on the Platform with a revised "Last Updated" date. Your continued use of the Platform after any modification constitutes your acceptance of the revised Terms. If you do not agree to the modified Terms, your sole remedy is to discontinue use of the Platform and terminate your account.

2. Eligibility and Account Registration

2.1 Invitation-Only Access

Access to the Platform is by invitation only. Invitations are issued at the Company's sole discretion and may expire without notice.

2.2 Account Creation

You must provide accurate and complete information during registration and maintain updated account information throughout the term of your account.

2.3 Account Security

You are solely responsible for maintaining the confidentiality of your login credentials and for all activity that occurs under your account. You must notify us immediately of any unauthorized access or use of your account.

2.4 One Account Per Person

Each individual may maintain only one account on the Platform.

2.5 Coach Levels

Coach levels (Level 1, Level 2, Level 3) determine feature access and Platform capabilities. Level assignments are made at the Company's sole discretion. The Company may modify, upgrade, or downgrade level assignments and associated feature access at any time without prior notice and without liability to you.

2.6 Suspension and Termination of Access

The Company may suspend, restrict, or terminate your account at its sole discretion, with or without notice, for any violation or suspected violation of these Terms or for any conduct that the Company, in its sole judgment, determines to be harmful to the Platform, other users, or the Company's interests. No cure period is required. The Company shall not be liable to you or any third party for any losses, damages, or consequences resulting from any suspension, restriction, or termination of your account.

3. Platform and Services

3.1 Description

The Platform provides tools for managing Arena coaching programs, including client management, license management, group management (Level 2 and above), coaching report downloads, and profile management.

3.2 Modifications to Platform

The Company reserves the right to modify, update, suspend, or discontinue any feature, functionality, or the Platform as a whole, at any time and without prior notice. The Company shall not be liable to you or any third party for any modification, suspension, or discontinuation of any feature or of the Platform itself.

4. License Codes and Payments

4.1 License Structure

License codes grant access to Arena coaching programs. License tiers determine program depth and pricing.

4.2 Purchasing Licenses

Licenses are currently offered as one-time purchases unless otherwise specified. The Company reserves the right to introduce subscription-based pricing or modify pricing for new license purchases at any time. Continued purchases after any pricing change constitutes your acceptance of the updated pricing. Payments are processed through Stripe, Inc. The Company does not store credit card information.

4.3 License Restrictions

All licenses, whether used or unused, are non-transferable, non-assignable, and non-sublicensable. Used licenses may not be reassigned. You may not resell, distribute, or otherwise transfer license codes to any third party. Any attempt to do so shall render the license void.

4.4 Refund Policy

Refunds may be issued for unassigned and unused licenses if requested within fourteen (14) days of purchase. All refunds are issued at the Company's sole discretion. Used or assigned licenses are non-refundable under any circumstances.

5. Coach Responsibilities

5.1 General Obligations

You agree to: (a) comply with all applicable privacy, data protection, and consumer protection laws; (b) use client data only for legitimate coaching purposes directly related to Arena programs; (c) refrain from selling, distributing, or otherwise disclosing raw coaching data to any third party; (d) respect client consent decisions and promptly honor any withdrawal of consent; and (e) refrain from misusing Platform communications tools.

5.2 Prohibited Conduct

You shall not: (a) reverse-engineer, decompile, disassemble, or otherwise attempt to derive the source code or underlying algorithms of the Platform; (b) white-label, sublicense, or otherwise make the Platform or its outputs available to third parties as though they were your own product or service; (c) use bots, scrapers, or other automated tools to access the Platform; (d) misrepresent your affiliation with the Company or the nature of your relationship with the Platform; or (e) engage in any conduct that violates applicable law or these Terms.

5.3 Non-Competition

During the term of your account and for a period of twenty-four (24) months following termination or expiration of your account for any reason, you shall not, directly or indirectly, whether individually or through any employee, contractor, affiliate, agent, or other person or entity acting on your behalf or at your direction, develop, create, market, distribute, license, or sell any coaching tool, coaching framework, coaching methodology, or related product or service that is based on, derived from, or substantially similar to the Seven Frequencies framework, coaching methodology, coaching logic, or any other proprietary element of the Platform or the Company's intellectual property.

You acknowledge and agree that a breach of this Section 5.3 would cause irreparable harm to the Company for which monetary damages would be an inadequate remedy, and that the Company shall be entitled to seek injunctive relief, specific performance, and other equitable remedies in addition to all other remedies available at law or in equity, without the necessity of proving actual damages or posting any bond or other security. The obligations of this Section 5.3 shall survive termination of these Terms and your account.

5.4 Clinical Disclaimer Obligation

THE ARENA COACHING PROGRAM IS NOT A MEDICAL, PSYCHOLOGICAL, PSYCHIATRIC, OR CLINICAL DIAGNOSTIC INSTRUMENT. IT IS NOT DESIGNED TO DIAGNOSE, TREAT, CURE, OR PREVENT ANY MENTAL HEALTH CONDITION, PERSONALITY DISORDER, OR MEDICAL CONDITION. THE COACHING PROGRAM IS INTENDED SOLELY FOR COACHING, PERSONAL DEVELOPMENT, AND ORGANIZATIONAL DEVELOPMENT PURPOSES.

YOU ARE REQUIRED TO COMMUNICATE THIS DISCLAIMER CLEARLY AND CONSPICUOUSLY TO EVERY CLIENT AND COACHING PROGRAM PARTICIPANT BEFORE ADMINISTERING ANY COACHING PROGRAM. YOU SHALL NOT REPRESENT, SUGGEST, OR IMPLY THAT THE COACHING PROGRAM HAS DIAGNOSTIC, THERAPEUTIC, OR CLINICAL APPLICATIONS. FAILURE TO COMPLY WITH THIS REQUIREMENT SHALL CONSTITUTE A MATERIAL BREACH OF THESE TERMS.

6. Groups and Organizational Coaching

6.1 Group Analytics

Group analytics, insights, benchmarks, and all derived data generated by the Platform in connection with group or organizational coaching engagements are the exclusive property of the Company. You are granted a limited, revocable right to view and use such analytics solely for the purpose of delivering coaching services to the applicable group or organization during the term of your account. You do not acquire any ownership interest in group analytics or derived data.

6.2 Confidentiality of Group Data

You agree to treat all group data as confidential and shall not disclose it to unauthorized parties.

6.3 Group Deletion

Deleting a group removes the association between members and the group but does not delete underlying coaching data, which remains subject to the Company's data retention practices.

7. Intellectual Property

7.1 Company Ownership

All rights, title, and interest in and to the Arena framework, assessment content, coaching methodology, reports, analytics, branding, trademarks, trade secrets, and Platform software, including all modifications, improvements, and derivative works thereof, are and shall remain the exclusive property of the Company. Nothing in these Terms conveys to you any ownership interest in any Company intellectual property.

7.2 License Grant and Restrictions

Subject to your compliance with these Terms, the Company grants you a limited, non-exclusive, non-transferable, non-assignable, non-sublicensable, revocable license to access and use the Platform solely for the purpose of delivering authorized Arena coaching services. This license terminates automatically and without notice upon the termination or expiration of your account or upon your breach of any provision of these Terms.

You shall not: (a) create derivative works based on the framework or coaching methodology; (b) replicate or reverse-engineer the assessment methodology; (c) develop a competing coaching tool based on the framework; or (d) white-label or sublicense the Platform or any of its outputs. All rights not expressly granted herein are reserved by the Company.

7.3 Coach Content

Coaching notes entered by you into the Platform remain your intellectual property. You grant the Company a limited, non-exclusive license to store, process, and transmit such notes solely as necessary to provide Platform services. This storage and processing license shall survive termination of your account for a period of ninety (90) days to allow for data migration and to comply with legal obligations.

7.4 Feedback and Suggestions

Any feedback, suggestions, ideas, enhancement requests, or other input you provide to the Company regarding the Platform, the Arena framework, or any Company product or service ("Feedback") shall become the sole and exclusive property of the Company. You hereby irrevocably assign to the Company all right, title, and interest in and to any such Feedback, including all intellectual property rights therein, without any obligation of compensation, attribution, or accounting to you.

7.5 Confidential Information

The Platform, its underlying technology, coaching methodology, scoring logic, pricing structures, analytics algorithms, and all non-public information related thereto constitute confidential information of the Company. You shall not disclose, publish, or misuse any confidential information. This obligation survives termination of these Terms indefinitely.

8. Privacy, Data Protection, and International Use

8.1 Roles of the Parties

The Company acts as a data controller with respect to coaching data collected directly from individuals who complete the Arena assessment. The Company acts as a data processor with respect to coaching notes and client data entered by coaches into the Platform. You, as a coach, act as an independent data controller for your own coaching relationships, off-platform communications, and records.

8.2 Coach Compliance Obligations

If you operate in the European Economic Area, the United Kingdom, or any other jurisdiction with applicable data protection laws, you are solely responsible for ensuring that you have obtained all necessary consents, established appropriate legal bases for your own data processing activities, and otherwise comply with all applicable data protection requirements in connection with your coaching services. The Company may make a Data Processing Addendum available upon request for coaches who require one to satisfy their own compliance obligations.

8.3 International Data Transfers

Data may be transferred to and processed in the United States. Where required by applicable law, the Company relies on appropriate safeguards, including Standard Contractual Clauses or other lawful transfer mechanisms approved by applicable regulatory authorities.

8.4 Data Subject Rights

Individuals may request access to, correction of, deletion of, restriction of processing of, portability of, or objection to processing of their personal data by contacting: info@thearenasummit.com. The Company will respond to verified data subject requests within thirty (30) days of receipt, or such longer period as permitted by applicable law.

8.5 U.S. State Privacy Laws

The Company does not sell personal information. California residents may request disclosure or deletion of personal information in accordance with applicable law.

8.6 Data Security

The Company implements commercially reasonable technical and organizational security measures. However, no system is completely secure, and the Company cannot guarantee absolute security of your data.

8.7 Data Breach Notification

The Company will notify affected parties of a data breach as required by applicable law.

8.8 Aggregated and Anonymized Data

The Company retains an irrevocable, perpetual, worldwide, royalty-free right to use, analyze, publish, license, sell, and otherwise commercially exploit anonymized and aggregated data derived from the Platform and its programs for any purpose, including research, benchmarking, product improvement, and the development of new products and services. Such aggregated data does not identify individual users or program participants. This right survives termination of your account and these Terms.

9. Taxes

You are responsible for any applicable sales, use, value-added, goods and services, withholding, or other taxes arising from your purchases on or use of the Platform, excluding taxes based solely on the Company's net income.

10. Disclaimers and Limitation of Liability

10.1 Disclaimer of Warranties

THE PLATFORM AND ALL SERVICES, CONTENT, REPORTS, ANALYTICS, AND COACHING PROGRAM RESULTS PROVIDED THROUGH THE PLATFORM ARE DELIVERED ON AN "AS IS" AND "AS AVAILABLE" BASIS. THE COMPANY EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, COMPLETENESS, TITLE, AND NON-INFRINGEMENT. THE COMPANY DOES NOT WARRANT THAT THE PLATFORM WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE, OR THAT ANY DEFECTS WILL BE CORRECTED.

10.2 No Responsibility for Results

THE COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES REGARDING THE ACCURACY, COMPLETENESS, RELIABILITY, OR SUITABILITY OF COACHING PROGRAM RESULTS FOR ANY PARTICULAR PURPOSE. YOU ACKNOWLEDGE THAT COACHING PROGRAM RESULTS ARE INTENDED SOLELY FOR COACHING AND DEVELOPMENTAL PURPOSES AND THAT YOU ASSUME ALL RISK ASSOCIATED WITH YOUR USE OF, AND RELIANCE UPON, SUCH RESULTS IN YOUR COACHING PRACTICE.

10.3 Clinical Disclaimer

THE ARENA COACHING PROGRAM IS NOT A MEDICAL, PSYCHOLOGICAL, PSYCHIATRIC, OR CLINICAL DIAGNOSTIC INSTRUMENT AND SHALL NOT BE USED AS SUCH. THE COMPANY DOES NOT PROVIDE MEDICAL, PSYCHOLOGICAL, OR THERAPEUTIC ADVICE. THE COMPANY IS NOT RESPONSIBLE FOR ANY DECISIONS, ACTIONS, OR OUTCOMES ARISING FROM ANY USE OR INTERPRETATION OF COACHING PROGRAM RESULTS BY COACHES, CLIENTS, OR ANY THIRD PARTY.

10.4 Exclusion of Consequential Damages

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE COMPANY, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, OR AFFILIATES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING DAMAGES FOR LOSS OF PROFITS, REVENUE, GOODWILL, DATA, OR BUSINESS OPPORTUNITY, ARISING OUT OF OR IN CONNECTION WITH THESE TERMS, THE PLATFORM, OR ANY SERVICES PROVIDED HEREUNDER, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR ANY OTHER LEGAL THEORY, EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

10.5 Aggregate Liability Cap

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE COMPANY'S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS, THE PLATFORM, AND ALL SERVICES PROVIDED HEREUNDER, WHETHER IN CONTRACT, TORT, OR OTHERWISE, SHALL NOT EXCEED THE TOTAL AMOUNT YOU PAID TO THE COMPANY DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM. THIS LIMITATION APPLIES TO ALL CLAIMS IN THE AGGREGATE AND NOT ON A PER-CLAIM BASIS.

10.6 Force Majeure

The Company shall not be liable for any delay or failure to perform any obligation under these Terms resulting from causes beyond its reasonable control, including acts of God, natural disasters, war, terrorism, riots, embargoes, acts of governmental authorities, fire, flood, pandemic, epidemic, internet or telecommunications outages, hosting or infrastructure failures, third-party service provider failures, cyberattacks, power outages, or strikes.

10.7 Contractual Statute of Limitations

Any cause of action or claim arising out of or related to these Terms or the Platform must be commenced within one (1) year after the cause of action accrues. Any action not commenced within this period is permanently barred, regardless of any statute of limitations to the contrary.

11. Indemnification

You agree to indemnify, defend, and hold harmless the Company, its officers, directors, employees, agents, affiliates, successors, and assigns from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees and court costs) arising out of or related to: (a) your use of the Platform; (b) your coaching services, including any representations, promises, or marketing regarding the assessment or Platform that exceed what the Company has expressly authorized; (c) your violation of these Terms or any applicable law; (d) any claims by your clients or program participants related to your use or distribution of coaching data or results; or (e) any unauthorized marketing, endorsements, testimonials, or representations you make regarding the Company, the Platform, or the Arena framework.

12. Termination

12.1 Termination by You

You may terminate your account at any time by contacting the Company. Termination does not entitle you to any refund except as expressly provided in Section 4.4.

12.2 Termination by Company

The Company may suspend or terminate your account at any time, with or without cause, and with or without notice. Upon termination for cause (including any breach of these Terms), all licenses, whether used or unused, are immediately forfeited without refund, and your access to the Platform, client data, group data, and analytics terminates immediately.

12.3 Effects of Termination

Upon termination for any reason: (a) your license to use the Platform terminates immediately; (b) you must cease all use of the Platform, Company intellectual property, and confidential information; and (c) the Company may delete your account data and coaching notes ninety (90) days after the effective date of termination, unless the Company is legally required to retain them for a longer period.

12.4 Retention of Coaching Data

The Company retains all coaching program data, anonymized data, aggregated data, and analytics following termination of your account. This retention is necessary to maintain data integrity, fulfill the Company's obligations to program participants, support the Company's legitimate business interests, and comply with applicable law.

12.5 Survival

Sections 5.3 (Non-Competition), 5.4 (Clinical Disclaimer Obligation), 7 (Intellectual Property), 7.5 (Confidential Information), 8.8 (Aggregated and Anonymized Data), 10 (Disclaimers and Limitation of Liability), 11 (Indemnification), 12.3 through 12.5 (Effects of Termination, Retention, Survival), 13 (Governing Law and Dispute Resolution), and 14 (General Provisions) shall survive termination or expiration of these Terms.

13. Governing Law and Dispute Resolution

13.1 Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of California, without regard to its conflict of law principles.

13.2 Binding Arbitration

Any dispute, claim, or controversy arising out of or relating to these Terms, the Platform, or the breach, termination, enforcement, interpretation, or validity thereof shall be resolved exclusively through final and binding arbitration administered by the American Arbitration Association ("AAA") under its Commercial Arbitration Rules then in effect. The arbitration shall be conducted in Los Angeles, California by a single arbitrator selected in accordance with the AAA rules. The arbitrator's decision shall be final and binding, and judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Each party irrevocably waives the right to a trial by jury.

13.3 Prevailing Party

The prevailing party in any arbitration or litigation arising under these Terms shall be entitled to recover its reasonable attorneys' fees and costs from the non-prevailing party.

13.4 Class Action Waiver

YOU AND THE COMPANY AGREE THAT ANY DISPUTE RESOLUTION PROCEEDINGS WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION. IF FOR ANY REASON A CLAIM PROCEEDS IN COURT RATHER THAN IN ARBITRATION, BOTH PARTIES WAIVE ANY RIGHT TO A JURY TRIAL. IF THE CLASS ACTION WAIVER IN THIS SECTION IS FOUND TO BE UNENFORCEABLE BY ANY COURT OR ARBITRATOR OF COMPETENT JURISDICTION, THEN THE ENTIRETY OF THIS SECTION 13.2 (BINDING ARBITRATION) SHALL BE NULL AND VOID, AND ALL DISPUTES SHALL BE RESOLVED IN THE STATE OR FEDERAL COURTS LOCATED IN LOS ANGELES COUNTY, CALIFORNIA.

13.5 Injunctive Relief

Notwithstanding the foregoing, either party may seek injunctive or other equitable relief in any court of competent jurisdiction for the protection of its intellectual property rights, confidential information, or to prevent irreparable harm.

14. General Provisions

14.1 Entire Agreement

These Terms, together with the Privacy Policy and any other documents expressly incorporated by reference, constitute the entire agreement between you and the Company with respect to the subject matter hereof and supersede all prior and contemporaneous agreements, understandings, negotiations, and discussions, whether oral or written, between the parties.

14.2 Waiver

The failure of the Company to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. Any waiver of any provision of these Terms shall be effective only if in writing and signed by the Company.

14.3 Severability

If any provision of these Terms is held to be invalid, illegal, or unenforceable, the remaining provisions shall continue in full force and effect. The invalid provision shall be modified to the minimum extent necessary to make it valid and enforceable while preserving the parties' original intent.

14.4 Assignment

The Company may assign or transfer these Terms, in whole or in part, without restriction and without your consent. You may not assign or transfer these Terms, or any rights or obligations hereunder, without the Company's prior written consent.

14.5 Independent Relationship

Nothing in these Terms creates a partnership, joint venture, employment, franchise, or agency relationship between you and the Company. You have no authority to bind the Company in any respect.

14.6 Export Compliance

You represent and warrant that you are not located in, under the control of, or a national or resident of any country subject to U.S. export embargo or sanctions, and that you are not listed on any U.S. government restricted parties list.

14.7 Notices

All legal notices to the Company must be sent to alisah@erwinmcmanus.com. Notices to you will be sent to the email address associated with your account. Notice shall be deemed given upon receipt for email delivery.

14.8 Headings

Section headings in these Terms are for convenience of reference only and shall not affect the interpretation or construction of any provision.

15. Contact Information

Arena Community LLC

1023 Fair Oaks Ave, South Pasadena, CA 91030

Legal Inquiries: alisah@erwinmcmanus.com

Privacy Inquiries: info@thearenasummit.com

General Support: info@thearenasummit.com

Platform: www.thearenasummit.com