NIL OPTIC – TERMS, PRIVACY, AND LEGAL FRAMEWORK Effective Date: April 20, 2026
- PRIVACY POLICY – NIL Optic
1.1 Overview NIL Optic LLC (“Company,” “we,” “us,” or “our”) respects your privacy. This Privacy Policy explains how we collect, use, disclose, and safeguard your information.
1.2 Information We Collect We may collect: Account information (name, email, organization) Athlete-related data (performance metrics, social engagement, NIL activity) Payment-related metadata (processed via Stripe) Usage data (IP address, device, browser, activity logs)
1.3 How We Use Information
We use data to: Operate, maintain, and improve the platform Generate athlete valuations, insights, and analytics Facilitate NIL-related discovery and workflows Provide benchmarking and reporting
1.4 Data Sharing We may share data with: Trusted partners (brands, schools, agencies) Service providers (e.g., Stripe, cloud providers) Legal authorities when required We do not sell personal data. Aggregated and anonymized data may be used commercially.
1.5 Athlete Data & FERPA Position NIL Optic is a technology provider, not an educational institution NIL Optic is not subject to FERPA unless contractually required Institutions are solely responsible for FERPA compliance
1.6 Data Security We implement commercially reasonable safeguards but do not guarantee absolute security.
1.7 User Rights Users may: Request access to their data Request deletion (subject to legal, contractual, and operational obligations)
1.8 Contact [email protected]
- DATA PROCESSING AGREEMENT (DPA)
2.1 Roles NIL Optic = Data Processor Institution / Organization = Data Controller
2.2 Scope of Processing We process data solely to: Deliver NIL management services Provide analytics and valuation outputs Enable platform workflows
2.3 Data Types Athlete data Institutional roster data NIL activity and deal-related metadata
2.4 Security Measures Encryption in transit and at rest (where applicable) Access controls and authentication Role-based permissions
2.5 Subprocessors Includes but not limited to: Stripe (payments) Cloud infrastructure providers
2.6 Data Breach We will notify data controllers within a commercially reasonable timeframe after discovery.
2.7 Data Retention Data is retained only as long as necessary for: Service delivery Legal compliance Platform improvement
2.8 Institutional Compliance Responsibility Institutions are solely responsible for: NIL compliance FERPA obligations Regulatory adherence
- NIL DEAL DISCLAIMER / WAIVER
3.1 No Agency Relationship NIL Optic is not: An agent A broker A legal advisor
3.2 No Guarantee of Outcomes We do not guarantee: NIL earnings Deal success Brand partnerships
3.3 Independent Agreements All NIL deals are: Solely between the athlete and third parties Not reviewed, approved, or enforced by NIL Optic
3.4 Compliance Responsibility Users are solely responsible for compliance with: Federal laws State NIL laws Institutional and conference rules NCAA or governing body regulations
3.5 Valuation Disclaimer All valuations: Are algorithmic estimates Do not represent actual market guarantees Are not financial advice
3.6 Payment Risk NIL Optic is not responsible for: Non-payment Late payment Contract disputes
3.7 Indemnification Users agree to indemnify NIL Optic from: Deal disputes Regulatory violations Misrepresentation
- ENTERPRISE TERMS (INSTITUTIONS / ATHLETIC DEPARTMENTS)
4.1 License Grant NIL Optic grants a limited, non-transferable SaaS license for internal use.
4.2 Permitted Use Institutions may: Manage rosters and athletes Analyze NIL opportunities Use dashboards and reporting tools
4.3 Restrictions Institutions may NOT: Resell platform access Reverse engineer the platform Replicate valuation models
4.4 Data Ownership Institutions own their data NIL Optic owns the platform, models, and aggregated insights
4.5 Aggregated Data Rights NIL Optic may use de-identified data for: Benchmarking Analytics Product development
4.6 Service Levels We provide commercially reasonable uptime and ongoing improvements.
4.7 Compliance Disclaimer Institutions are solely responsible for: NCAA compliance Title IX implications State and federal NIL laws
4.8 Limitation of Liability NIL Optic is not liable for: Eligibility loss Recruiting violations NIL disputes
4.9 Term & Termination Subscription-based Terminable for breach or non-payment
4.10 Payment Terms Payments processed via Stripe Fees are non-refundable unless stated
- REGULATORY COMPLIANCE, USER OBLIGATIONS & LEGAL PROTECTIONS
5.1 Platform Role and Neutrality NIL Optic is a technology platform provider only and does not: Act as an agent, broker, or intermediary Provide legal, financial, or compliance advice Participate in or structure NIL deals
5.2 Regulatory Alignment Statement NIL Optic is designed to align with: Federal laws State NIL laws Rules of the National Collegiate Athletic Association (NCAA) and any successor governing body Including all current and future laws and regulatory changes. NIL Optic does not guarantee compliance.
5.3 User Responsibility for Compliance Users are solely responsible for compliance with: Federal law State law NCAA, conference, and institutional rules Title IX and applicable regulations
5.4 No Monitoring or Enforcement NIL Optic: Does not monitor compliance Does not review deals Has no obligation to enforce laws or rules
5.5 Assumption of Risk Users acknowledge: NIL regulations are evolving Platform use carries regulatory risk All decisions are made at their own risk
5.6 Indemnification (Expanded) Users agree to defend and indemnify NIL Optic against: Regulatory violations Eligibility loss NIL disputes Misconduct or unlawful use
5.7 Limitation of Liability NIL Optic is not liable for: NCAA sanctions Loss of eligibility Regulatory penalties Tax or legal consequences Liability is limited to fees paid in the prior 12 months.
5.8 No Reliance Disclaimer All platform outputs: Are informational only Are not legal or financial advice Should be validated by professionals
5.9 Future Regulatory Changes Laws may change at any time NIL Optic is not obligated to update instantly Continued use = acceptance of changes
5.10 Prohibited Use Users may not use NIL Optic to: Circumvent NIL laws Facilitate pay-for-play Engage in unlawful or deceptive conduct Violations may result in termination and legal action.
5.11 Severability If any provision is invalid, the remainder remains enforceable.