These Terms & Conditions ("Terms") govern access to and use of the Orenyx NIL Engine platform ("Orenyx," "we," "us," or "our") by athletes, brands, parents, coaches, agents, and any other user ("you," "User"). By creating an account or otherwise using Orenyx, you agree to be bound by these Terms. If you do not agree, do not use the platform.
1. Eligibility
To create an athlete account, you must be a current student-athlete with active or upcoming eligibility at a recognized college or university, or a parent/guardian acting on behalf of a minor athlete with appropriate consent. To create a brand account, you must be authorized to act on behalf of the business or individual entering into NIL agreements.
Athlete Eligibility — You must accurately represent your school, sport, and eligibility status, and promptly update your profile if that status changes.
Brand Eligibility — You must provide accurate business information and complete Orenyx’s brand verification process before sending offers.
Minors — Where an athlete is a minor under applicable state law, a parent or guardian must consent to the account and to any NIL deal before it is finalized.
2. Account Responsibilities
You are responsible for maintaining the confidentiality of your login credentials and for all activity that occurs under your account.
Accurate Information — Keep your profile, contact, and payment information current and accurate.
Account Security — Notify us immediately of any unauthorized use of your account or suspected security breach.
One Account Per User — Each athlete or brand may maintain only one active account unless otherwise authorized by Orenyx.
3. Deal Rules
All NIL offers, negotiations, acceptances, and deliverables are managed through the Orenyx platform.
Offers — Brands submit offers specifying deliverables, timeline, and compensation. Offers are not binding until accepted by the athlete.
Acceptance — An athlete may accept, decline, or counter any offer. Acceptance forms a binding agreement between the athlete and the brand, subject to these Terms.
Deliverables — Athletes are responsible for completing agreed deliverables within the timeline specified in the accepted offer.
Disputes — Disputes between an athlete and a brand regarding a specific deal should first be raised through in-platform messaging and Orenyx Support before pursuing other remedies.
4. Payment Terms
Athlete Fees — Athletes never pay a fee to create a profile or receive offers.
Brand Fees — Brands pay a platform fee of 10% of total completed deal value, plus any advertising plan fees selected (1x/2x/3x weight tiers).
Payout Timing — Payments to athletes are released once deliverables are confirmed complete, subject to standard payment-processor timelines.
Refunds — Refunds are evaluated on a case-by-case basis where a deal is not completed as agreed; Orenyx platform fees on completed deals are generally non-refundable.
Taxes — Athletes and brands are each responsible for determining and meeting their own tax obligations related to NIL income and payments.
5. Brand Conduct
Brands using Orenyx agree to:
Accurate Offers — Present offer terms, compensation, and deliverables accurately and in good faith.
Respectful Communication — Communicate with athletes professionally and only through approved platform channels.
Compliance — Provide any documentation needed to support NCAA or school compliance reporting for a completed deal.
No Circumvention — Not attempt to move a deal off-platform to avoid applicable fees once initiated through Orenyx.
6. Athlete Conduct
Athletes using Orenyx agree to:
Accurate Representation — Represent their eligibility, school, sport, and stats accurately.
Deliverable Completion — Complete accepted deliverables in good faith and within the agreed timeline.
Professional Conduct — Represent brand partnerships professionally and avoid conduct that could reasonably harm a brand partner’s reputation.
Disclosure — Disclose NIL deals to their school’s compliance office where required by NCAA or institutional policy.
7. Compliance Requirements
Use of Orenyx does not replace an athlete’s obligation to comply with NCAA rules, state NIL laws, and their school’s specific NIL policies. Athletes and brands are each responsible for understanding and following the rules that apply to them; Orenyx’s compliance tools are provided to help, not as a substitute for that responsibility.
8. Termination
Orenyx may suspend or terminate an account for violation of these Terms, fraudulent activity, misrepresentation of eligibility or business status, or conduct that harms other users or the platform. Users may close their own account at any time; deals already accepted remain subject to these Terms through completion.
9. Legal
Governing Law — These Terms are governed by the laws of the State of [Insert State], without regard to conflict-of-law principles.
Dispute Resolution — The parties agree to first attempt to resolve disputes informally; unresolved disputes will be handled as specified in a final, counsel-reviewed arbitration or venue clause.
Limitation of Liability — Orenyx is not liable for indirect, incidental, or consequential damages arising from use of the platform, to the maximum extent permitted by law.
Changes to Terms — Orenyx may update these Terms from time to time; continued use of the platform after changes take effect constitutes acceptance of the revised Terms.
Contact — Questions about these Terms can be directed to [legal@orenyx.com] or through the Contact page.