PIBE Athlete Agreement · v2026-10-22b · SHA-256 d56532a6a9a478572aa30d71c0324adb6fcb22922697fab5604b5584eea02070

Note (26 Oct 2026): Readings for third parties, the Global Model, the 40% share and the investor programme described in this agreement are not active; the PIBE app today has no payments or fees.

Operator of the PIBE service: Memelut Ltd. · legal@pibe.ai

PIBE Athlete Agreement

Version 2026-10-22b. The text the Athlete accepts is the one published under this version. Its SHA-256 fingerprint is recorded together with the acceptance. In case of differences, the Italian text prevails (art. 23.4).

In short

This box does not replace the agreement, which prevails.

1. Your data stays yours. You give us permission to use it for the purposes written here, and you can revoke it whenever you want.
2. You bring it to PIBE. You export it from your device (WHOOP, Oura or others) using your right to data portability and the Data Act, continuously if you wish, and hand it to PIBE.
3. PIBE builds your model, which concerns only you, and, if you agree, uses your data in anonymised form for the global model of all athletes.
4. Nobody sees your data. Whoever queries you, such as a club or an insurer, receives a reading: an answer to one specific question. You receive it first, and it is sent only if you approve it.
5. Every approved reading pays you 40% of what PIBE receives. Your agent's share is paid by PIBE and is not taken from yours.
6. PIBE does not diagnose. It gives no fitness verdicts, does not sell raw data and does not use it for betting.
7. You can leave whenever you want. We stop collecting and delete your data and your model within 30 days. Only anonymised data remains, which no longer identifies you.
8. Under 18, the agreement is signed by the parents or guardian.
9. We can also write to you about other things, only if you want. With an optional box you let us contact you about proposals unrelated to this agreement: new services, programmes with specialist assessments, introducing PIBE to other players, becoming an investor (adults only). You can withdraw it whenever you want.

Art. 1. Parties and recitals

1.1. This agreement (the "Agreement") is entered into between the Athlete identified in the acceptance form (the "Athlete") and the company operating the PIBE service identified in the acceptance form ("PIBE"), together the "Parties".

1.2. Recitals:

• (a) the Athlete uses one or more devices or services that measure data about his body and activity (the "Sources");
• (b) the Athlete has the right to receive his data and to have it transmitted to a third party of his choice, under art. 20 of Regulation (EU) 2016/679 ("GDPR") and arts. 4 and 5 of Regulation (EU) 2023/2854 ("Data Act");
• (c) PIBE operates a platform that, using athlete data and sports data, builds models and provides third parties with answers to specific questions, with the athlete's approval;
• (d) the Athlete wishes to choose PIBE as the third-party recipient of his data and to grant it the rights set out in this Agreement, against the payments in Annex B.

1.3. The recitals and Annexes form an integral part of the Agreement. The Annexes are:

• A, privacy notice;
• B, payments;
• C, specifically approved clauses.

Art. 2. Definitions

• Athlete Data: data relating to the Athlete that PIBE receives under the Agreement. It includes Source Data, Sports Data and data entered by the Athlete.
• Source Data: data that the Sources measure or make available, for example heart rate, heart rate variability, sleep, temperature and activity.
• Raw Data: Source Data as measured or observed, before any processing by PIBE.
• Manufacturer Scores: indices computed by the manufacturer of a Source with its own methods, for example "recovery" or "readiness".
• Sports Data: data about the Athlete's career and matches (minutes, appearances, public injuries, transfers), including from public or licensed sources.
• Athlete Model: the set of parameters, personal baselines and estimates that PIBE computes on the Athlete Data and that concerns only the Athlete.
• Anonymised Data: information derived from the Athlete Data and made anonymous so that the Athlete is no longer identifiable by means reasonably likely to be used, under recital 26 GDPR.
• Global Model: statistical and learning models built by PIBE on Anonymised Data of multiple athletes, containing no personal data.
• Reading: the answer PIBE produces, using the Athlete Model and the Global Model, to a specific question from a Requester about the Athlete.
• Requester: whoever requests and pays for a Reading, for example a club, an insurer, a federation or an agent.
• Agent: the football agent who introduced PIBE to the Athlete, if any.
• Register: PIBE's register in which every acceptance, consent, approval and Reading is identified by a cryptographic fingerprint, with date and time.

Art. 3. Subject matter

3.1. By this Agreement the Athlete:

• (a) chooses PIBE as the third party to which Source Data is transmitted;
• (b) grants PIBE the licence in art. 6;
• (c) authorises the activities in arts. 7 and 8 on the conditions set out there.

3.2. PIBE undertakes to process the Athlete Data only for the purposes of the Agreement, to protect it, to submit every Reading to the Athlete's approval, and to pay the amounts in Annex B.

Art. 4. Ownership

4.1. Athlete Data remains the Athlete's. The Agreement does not transfer ownership and the Athlete keeps all the rights granted to him by law.

4.2. The following belong exclusively to PIBE:

• the software;
• the methods;
• the Global Model;
• the Anonymised Data;
• the structure of the Athlete Model;
• any other result of its work that contains no personal data of the Athlete.

The Athlete acquires no rights in them.

4.3. The values of the Athlete Model relating to the Athlete are his personal data. The Athlete may receive them at any time, in readable form, under art. 20 GDPR.

Art. 5. How the data reaches PIBE

5.1. Athlete's instruction. By accepting, the Athlete requests and instructs the manufacturers of the Sources he indicates to make Source Data available to PIBE, continuously and, where technically feasible, in real time (art. 5 Data Act). He also requests that the personal data concerning him be transmitted to PIBE (art. 20 GDPR). He authorises PIBE to submit these requests on his behalf and to manage the related technical authorisations, for example connections via link.

5.2. Channels. Data may reach PIBE:

• (a) through an export made by the Athlete and uploaded to PIBE;
• (b) by the manufacturer making it available under the Data Act;
• (c) through the programming interface of the manufacturer or of the phone's platform (for example Apple Health or Health Connect), on the terms of that manufacturer or platform.

5.3. Limits of channel (c). Data received through the interface of a manufacturer or of a phone platform is processed within the limits of that manufacturer's or platform's developer terms. Where those terms prohibit a use provided for by the Agreement, that use is carried out only with data that arrived through channels (a) or (b). Manufacturer Scores are used only for the service to the Athlete and his Agent, unless the manufacturer authorises otherwise. Data read through Apple Health or Health Connect is used only for the service to the Athlete and for the reports the Athlete decides to share; it does not enter the Global Model or the Readings, it is not sold and it is not used for advertising.

5.4. PIBE's obligations as third party (art. 6 Data Act). PIBE:

• uses Source Data only for the purposes of the Agreement;
• does not use it to develop a connected product competing with the one it comes from;
• does not make it available to other third parties except as provided in art. 8;
• deletes it when no longer needed for the purposes of the Agreement, subject to legal obligations.

Art. 6. Licence to PIBE

6.1. The Athlete grants PIBE a non-exclusive, worldwide licence, not transferable except under art. 23.3, for consideration (Annex B) and revocable for the future under art. 14. The licence allows PIBE to collect, store, process and combine the Athlete Data in order to:

• (a) provide the PIBE service, including the personal report, to the Athlete and his Agent;
• (b) build, update and validate the Athlete Model;
• (c) produce the Readings approved by the Athlete (art. 8);
• (d) if the Athlete has given the separate consent in art. 13.3, produce Anonymised Data and use it for the Global Model;
• (e) comply with legal obligations and defend PIBE's rights in court.

6.2. No other use is permitted without a new agreement with the Athlete.

Art. 7. Athlete Model and Global Model

7.1. The Athlete Model estimates, for example:

• the Athlete's personal baseline;
• deviations from the baseline;
• the conditions in which the Athlete performs best;
• expected availability and time to return to baseline.

The estimates are statistical, have margins of error and are not diagnoses.

7.2. The Global Model contains only Anonymised Data and statistical parameters. Before using data for the Global Model, PIBE applies state-of-the-art anonymisation techniques, reviewed periodically, and never attempts to re-identify the Athlete.

7.3. The Athlete is entitled to understand, in plain terms, how the Athlete Model works, which data it uses and what its limits are. He is also entitled to contest any estimate concerning him and to obtain a review by a person at PIBE.

Art. 8. Readings

8.1. Case-by-case approval. No Reading about the Athlete is delivered to a Requester without the Athlete's express approval of that specific Reading. Before approving, the Athlete sees:

• who is asking;
• what they are asking and the text of the Reading;
• the price;
• his share.

He may approve, refuse or not reply. Silence counts as refusal. Refusing carries no penalty and no consequence in the relationship with PIBE.

8.2. Content. A Reading contains only the answer to the approved question. It contains no Raw Data, data series, Manufacturer Scores or information about the Athlete's private life. It contains no diagnosis and no medical or sporting fitness verdict.

8.3. Requesters. PIBE delivers Readings only to Requesters who have accepted PIBE's written terms. Those terms provide at least for:

• use of the Reading only for the stated purpose;
• a ban on passing it to third parties;
• a ban on using it for betting or for discriminatory decisions prohibited by law;
• confidentiality;
• deletion when the purpose ends.

8.4. Decisions. Requesters' decisions, for example a purchase, a contract or a policy, are taken by the Requesters under their own responsibility. PIBE takes no decisions about the Athlete. Readings are one element of assessment, never the only one. Every Reading is recorded in the Register with its fingerprint, so that the Athlete can always verify what was delivered and to whom.

Art. 9. Payments

9.1. PIBE pays the Athlete the amounts in Annex B: the share of each approved and delivered Reading and, once activated, the contribution fee and the dividend on revenue from Anonymised Data.

9.2. Amounts accrue on delivery of the Reading, or at month end for the other items. They are paid within 60 days of the end of the quarter to the account indicated by the Athlete, with a statement of Readings, Requesters and amounts.

9.3. Amounts are gross of taxes. PIBE applies the withholdings and formalities required by law; the Athlete remains responsible for declaring his own income.

9.4. Withdrawal or termination does not affect amounts already accrued.

Art. 10. The Agent

10.1. If the Athlete was introduced by an Agent, PIBE pays the Agent a distribution fee equal to 10% of the net price of each approved Reading. This fee is borne by PIBE and does not reduce the Athlete's share.

10.2. The Agent sees the Athlete Data only within the limits of the service intended for him and of the Athlete's consent. He may not approve Readings in the Athlete's place.

10.3. PIBE discloses the Agent's fee to the Athlete in the statement, for the transparency required by football agent rules. If such a fee were incompatible with the rules applicable to the Agent, PIBE does not pay it and the corresponding share stays with PIBE.

Art. 11. Athlete's obligations and warranties

11.1. The Athlete represents and warrants that:

• (a) the identification data entered is true and he is of age, or the Agreement is signed by the holders of parental responsibility (art. 15);
• (b) the connected accounts and devices are his own and personal;
• (c) if a device or account is provided by the club or a third party, he has their consent to share its data;
• (d) he has not granted exclusive rights over his health or performance data to third parties in a way that conflicts with the Agreement, for example to sponsors or manufacturers;
• (e) he will inform PIBE without delay of any change that makes these statements untrue.

11.2. The Athlete undertakes not to manipulate the data, for example by having someone else wear the device.

11.3. The Athlete holds PIBE harmless from direct damages arising from the untruth of the statements in art. 11.1, within the limits of the law.

Art. 12. PIBE's obligations

12.1. PIBE adopts technical and organisational measures appropriate to health data, under art. 32 GDPR and art. 2-septies of Italian Legislative Decree 196/2003. These include:

• encryption of data and credentials;
• limited and logged access;
• separation between identifying data and Global Model data.

12.2. PIBE:

• does not sell or transfer Raw Data;
• does not provide data or Readings for betting;
• gives no diagnoses or fitness verdicts;
• does not use Athlete Data for third-party advertising.

12.3. PIBE notifies the Athlete without undue delay of breaches of his data that present a high risk, under art. 34 GDPR.

Art. 13. Personal data and consents

13.1. PIBE is the data controller. The processing is described in Annex A.

13.2. Health data is processed on the basis of the Athlete's explicit consent (art. 9(2)(a) GDPR), collected separately from acceptance of the Agreement. Other data is processed to perform the Agreement (art. 6(1)(b) GDPR).

13.3. Contributing to the Global Model through Anonymised Data requires a separate and optional consent. Without it the Athlete does not receive the contribution fee in Annex B, but the rest of the Agreement applies.

13.4. Every consent may be withdrawn at any time, as easily as it was given. Withdrawal does not affect the lawfulness of processing carried out before it (art. 7(3) GDPR).

13.5. Direct contact from PIBE. With a separate, optional consent (art. 6(1)(a) GDPR and art. 130 of the Italian Privacy Code) the Athlete allows PIBE to contact them directly, by email, message, phone or through the app, also for purposes other than performing this Agreement, including for example:

• (a) new services, features and programmes of PIBE or its partners, including programmes to enrich their own data, for example with assessments, tests or specialist examinations by professionals or facilities indicated by PIBE;
• (b) initiatives to introduce PIBE to other players, with any related rewards or benefits;
• (c) information about the possibility of taking part in PIBE's capital or other investment instruments, reserved to adult Athletes and always within the limits allowed by law: these communications are not an offer to the public, and any offer is made only in the forms provided by law;
• (d) events, research, surveys, interviews, content and initiatives with clubs, sponsors and partners of PIBE.

The consent is not required for the Agreement: without it PIBE sends only the notices of art. 21. It can be withdrawn at any time by writing to PIBE, from the personal report when available, or with the link included in every message. Data collected through any examinations, tests or specialist assessments are processed only with a new explicit consent, collected at that time and for that purpose only.

Art. 14. Term, withdrawal, revocation

14.1. The Agreement is for an indefinite term and starts on acceptance.

14.2. The Athlete may withdraw at any time, without notice and at no cost, from his personal report or by writing to PIBE. PIBE may withdraw with 30 days' notice, or without notice in case of serious breach by the Athlete.

14.3. Upon withdrawal, or revocation of the health-data consent:

• (a) PIBE stops collecting Athlete Data and producing Readings;
• (b) within 30 days it deletes the Athlete Data and the Athlete Model, except what the law requires it to keep;
• (c) Anonymised Data already produced and the Global Model, which contain no personal data, remain valid;
• (d) Readings already delivered remain valid, and Requesters handle them under art. 8.3;
• (e) accrued amounts remain payable.

14.4. PIBE keeps the acceptance file (art. 20) for 10 years after termination, to protect the Parties' rights.

Art. 15. Minors

15.1. If the Athlete is under 18, the Agreement is entered into, and every consent is given, by the holders of parental responsibility, in accordance with art. 320 of the Italian Civil Code. Each parent declares that he or she acts with the agreement of the other parent, or exercises parental responsibility alone.

15.2. For minor Athletes, no Readings are produced for Requesters other than the Agent, unless the holders of parental responsibility expressly approve each single Reading.

15.3. On turning 18 the Athlete receives the Agreement and may confirm it or withdraw.

Art. 16. Liability

16.1. The PIBE service and the models' estimates are statistical and do not replace a doctor's opinion. The Athlete is free not to use them.

16.2. To the extent permitted by law, PIBE's liability to the Athlete for breach of the Agreement is limited to the amounts paid to the Athlete in the 12 months preceding the event. The limitation does not apply:

• in case of wilful misconduct or gross negligence (art. 1229 Italian Civil Code);
• to personal injury;
• to liability for breach of data protection law (art. 82 GDPR).

16.3. PIBE is not liable for Requesters' decisions, nor for interruptions or changes to the Source manufacturers' services.

Art. 17. Confidentiality

The Parties keep confidential the financial terms of the Agreement and the other Party's non-public information, except where the law requires otherwise. The Athlete may always talk about his own data and the service he receives.

Art. 18. Name and image

The Athlete authorises PIBE to state, in anonymous and aggregated form, the number of athletes using the service. Using the Athlete's name or image for communication requires a separate written consent.

Art. 19. Changes

19.1. PIBE may amend the Agreement to comply with the law, with the manufacturers' terms or with the evolution of the service, notifying the Athlete at least 30 days in advance with a summary of the changes.

19.2. Changes that reduce the Athlete's share or widen the purposes of processing require a new express acceptance. Without it the previous version remains in force, or the Athlete may withdraw at no cost.

Art. 20. Acceptance, signature and evidence

20.1. The Agreement is concluded through PIBE's acceptance procedure:

• (a) viewing the full text, which always remains available;
• (b) entering identification data;
• (c) ticking separate boxes for the Agreement, for each consent and for the clauses in Annex C;
• (d) signing by typing one's full name;
• (e) confirming with a one-time code sent to the email address or mobile number given by the Athlete and, for minors, to those of the parent or guardian.

20.2. The Parties acknowledge that this procedure identifies the Athlete, links his will uniquely to the accepted text and guarantees its integrity. The Parties attribute to the electronic document so formed the value of a signed private deed, within the limits of art. 20 of Italian Legislative Decree 82/2005 (Digital Administration Code).

20.3. PIBE records in the Register a file containing:

• the version and SHA-256 fingerprint of the text;
• the date and time of each step;
• IP address and browser;
• the data entered;
• the consents ticked;
• the outcome of the code verification.

The Athlete receives a copy of the Agreement and of the file at the email address or number given. The file is evidence of acceptance unless proven otherwise.

Art. 21. Notices

Notices to the Athlete are valid if sent to the phone number or email address given in the form, which the Athlete undertakes to keep up to date. Notices to PIBE go to the address given in the acceptance form.

PIBE always sends the Athlete service notices: sign-in and security, the Agreement and its changes, Readings, fees and payments. Any other contact is governed by art. 13.5.

Art. 22. Governing law and disputes

22.1. The Agreement is governed by Italian law.

22.2. For any dispute the Parties may attempt mediation (Italian Legislative Decree 28/2010). The Court of Milan has exclusive jurisdiction. If the Athlete acts as a consumer, the mandatory jurisdiction of his place of residence or domicile is unaffected.

22.3. The Athlete's right to apply to the Italian Data Protection Authority, or to the supervisory authority of his State, is unaffected.

Art. 23. Final provisions

23.1. The Agreement, with its Annexes, is the entire agreement between the Parties on its subject and replaces previous consents for the same purposes. Consents already given for the agent-only service remain valid until replaced.

23.2. If a clause is void or ineffective, the others remain valid. The Parties replace the clause with a valid one, as close as possible to the original purpose.

23.3. PIBE may assign the Agreement to a company in its group or to the purchaser of its business, which takes over all obligations, giving notice to the Athlete. The Athlete may withdraw under art. 14.

23.4. The Agreement is drafted in Italian and English. In case of differences the Italian text prevails.

Annex A. Privacy notice (arts. 13 and 14 GDPR)

• Controller. The company operating the PIBE service identified in the form, at the email address given there.
• Data processed. Identification and contact data; Source Data (health data); Sports Data (including from public or licensed sources: Transfermarkt, sports data providers); approval and payment data.
• Purposes and legal bases:
  • service and Agreement (art. 6(1)(b));
  • health data for the Athlete Model and approved Readings (art. 9(2)(a), explicit consent);
  • anonymisation for the Global Model (separate, optional consent);
  • direct contact for the purposes of art. 13.5: new services and programmes, introducing PIBE to other players, information for adult investors, events and research (art. 6(1)(a), separate and optional consent, withdrawable at any time);
  • legal obligations (art. 6(1)(c));
  • defence of legal claims (art. 9(2)(f)).
• Recipients:
  • the Agent, within the limits of the service;
  • Requesters, only for approved Readings and never the data;
  • PIBE's suppliers appointed as processors (infrastructure, security, payments);
  • authorities where required by law. For artificial-intelligence functions PIBE does not send identifiable health data to external providers.
• Transfers outside the European Economic Area. Only to countries with an adequacy decision or under standard contractual clauses (art. 46 GDPR).
• Retention. For the term of the Agreement and up to 30 days after termination. The acceptance file is kept for 10 years; tax data for the statutory period.
• Automated decisions. PIBE takes no decisions producing legal effects on the Athlete based solely on automated processing (art. 22). Readings are approved by the Athlete and assessed by people.
• Rights. Access, rectification, erasure, restriction, portability, objection, withdrawal of consent, complaint to the supervisory authority. Rights are exercised from the personal report or by writing to the controller.

Annex B. Payments

1. Share of Readings. The Athlete is entitled to 40% of the net price (net of indirect taxes, payment fees and refunds) of each Reading he approved that has been delivered and paid.
2. Contribution fee. Once PIBE activates it, it is paid to Athletes who gave the consent in art. 13.3, for the days on which the data is valid, regardless of the values measured. The amount is notified at least 30 days in advance and cannot be reduced without a new acceptance.
3. Dividend on Anonymised Data. Once PIBE activates it, a part of the revenue from products built solely on the Global Model is shared among the contributing athletes, in proportion to valid days. The part and the rules are notified at least 30 days in advance.
4. Injury. During a documented injury the contribution fee remains payable, if the Athlete keeps sharing data.
5. Payment. Quarterly, with a statement: art. 9.

Annex C. Specifically approved clauses (arts. 1341 and 1342 Italian Civil Code)

The Athlete declares that he has read and specifically approves the following clauses:

• art. 4.2: PIBE's ownership of the Global Model and Anonymised Data;
• art. 5.3: limits on data received through the interfaces of manufacturers and phone platforms;
• art. 14.2: PIBE's withdrawal with notice or for serious breach;
• art. 14.3(c) and (d): survival after termination of Anonymised Data, the Global Model and Readings already delivered;
• arts. 16.2 and 16.3: limitation of PIBE's liability;
• art. 19: changes to the Agreement;
• art. 22.2: exclusive jurisdiction of Milan, without prejudice to the consumer's forum;
• art. 23.3: assignment of the Agreement by PIBE.