Terms of Service
Last updated: December 14, 2024
Please read these Terms of Service ("Terms") carefully before using Baseball IQ. By accessing or using our service, you agree to be bound by these Terms.
Important Legal Notice
These Terms contain important provisions including:
- • Binding Arbitration (Section 14) - disputes resolved through arbitration, not court
- • Class Action Waiver (Section 14) - waiver of right to participate in class actions
- • Limitation of Liability (Section 11) - caps on our liability to you
- • Disclaimer of Warranties (Section 10) - service provided "as is"
1. Acceptance of Terms
By creating an account or using Baseball IQ ("Service"), you agree to these Terms, our Privacy Policy, and any additional terms applicable to specific features. If you do not agree, do not use the Service.
You must be at least 18 years old to create an account. By using the Service, you represent that you are at least 18 years of age and have the legal capacity to enter into this agreement.
2. Description of Service
Baseball IQ provides AI-powered analytics tools for youth baseball coaches and parents, including:
- Lineup optimization recommendations
- Team matchup analysis and win probability predictions
- Team rankings at national, regional, state, and local levels
- Data import from third-party sources (GameChanger, etc.)
- Statistics tracking and performance analytics
The Service is provided for informational and entertainment purposes. All recommendations are AI-generated suggestions and should not be the sole basis for coaching decisions.
3. User Accounts
3.1 Account Creation
You must provide accurate, complete information when creating an account. You are responsible for maintaining the confidentiality of your login credentials and for all activities under your account.
3.2 Account Security
You agree to immediately notify us of any unauthorized use of your account. We are not liable for losses arising from unauthorized use of your credentials.
3.3 Account Termination
We may suspend or terminate your account at any time for violation of these Terms or for any other reason at our sole discretion, with or without notice.
4. Subscriptions & Payments
4.1 Free Tier
We offer a free tier with limited features. Free tier access may be modified or discontinued at any time.
4.2 Pro Subscription
Pro subscriptions provide access to premium features as described on our pricing page. Subscriptions are billed in advance on a monthly or annual basis.
4.3 Payment Processing
Payments are processed securely through Stripe. By subscribing, you authorize us to charge your payment method for all applicable fees.
4.4 Automatic Renewal
Subscriptions automatically renew unless cancelled before the renewal date. You may cancel at any time through your account settings or by contacting support.
4.5 Refund Policy
Subscription fees are generally non-refundable. However, we may provide refunds or credits at our sole discretion. If you believe you are entitled to a refund, contact us within 14 days of the charge.
4.6 Price Changes
We may change subscription prices with 30 days' notice. Price changes take effect at your next renewal.
5. Acceptable Use
You agree NOT to:
- Use the Service for any unlawful purpose or in violation of any laws
- Upload false, misleading, or fraudulent data
- Impersonate others or misrepresent your affiliation with a team
- Attempt to gain unauthorized access to any part of the Service
- Interfere with or disrupt the Service or servers
- Scrape, crawl, or use automated means to access the Service without permission
- Reverse engineer, decompile, or disassemble the Service
- Use the Service to harass, abuse, or harm others
- Share account credentials or allow unauthorized access
- Use data obtained from the Service to compete with us
- Upload data about individuals without proper authorization
6. User Content & Data
6.1 Your Content
You retain ownership of all data you upload ("User Content"). By uploading User Content, you grant us a non-exclusive, worldwide, royalty-free license to use, store, and process that content solely to provide and improve the Service.
6.2 Responsibility for Data
You represent that you have all necessary rights and permissions to upload User Content, including data about team members. You are solely responsible for the accuracy and legality of User Content.
6.3 AI-Generated Content
AI-generated recommendations, analyses, and predictions are provided for informational purposes only. We do not guarantee the accuracy of AI outputs. You use AI recommendations at your own risk.
7. Third-Party Integrations
The Service may integrate with third-party services (GameChanger, Perfect Game, etc.). Your use of third-party integrations is subject to those services' terms and conditions. We are not responsible for third-party services, their availability, accuracy, or any damages arising from their use.
8. Intellectual Property
The Service, including its design, features, algorithms, rankings system (PitchRank), and content (excluding User Content), is owned by Baseball IQ and protected by copyright, trademark, and other laws. You may not copy, modify, distribute, or create derivative works without our written permission.
"Baseball IQ," "PitchRank," our logo, and other marks are our trademarks. You may not use these marks without our prior written consent.
9. Privacy
Your use of the Service is subject to our Privacy Policy, which describes how we collect, use, and protect your information. By using the Service, you consent to our data practices as described in the Privacy Policy.
10. DISCLAIMER OF WARRANTIES
THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR ACCURACY.
WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE. WE DO NOT WARRANT THAT AI-GENERATED RECOMMENDATIONS WILL BE ACCURATE OR LEAD TO ANY PARTICULAR OUTCOME. BASEBALL IS INHERENTLY UNPREDICTABLE, AND PAST PERFORMANCE DOES NOT GUARANTEE FUTURE RESULTS.
11. LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY LAW, BASEBALL IQ AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND AFFILIATES SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO:
- Loss of profits, revenue, or data
- Business interruption
- Cost of substitute services
- Personal injury or property damage
- Any damages arising from game outcomes or coaching decisions
IN NO EVENT SHALL OUR TOTAL LIABILITY EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID US IN THE 12 MONTHS PRECEDING THE CLAIM, OR (B) ONE HUNDRED DOLLARS ($100).
SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR EXCLUSION OF CERTAIN DAMAGES. IF THESE LAWS APPLY, SOME OR ALL OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
12. Indemnification
You agree to indemnify, defend, and hold harmless Baseball IQ and its officers, directors, employees, agents, and affiliates from any claims, damages, losses, liabilities, and expenses (including attorneys' fees) arising from:
- Your use of the Service
- Your violation of these Terms
- Your violation of any third-party rights
- User Content you upload
- Your coaching decisions based on our recommendations
13. Governing Law
These Terms are governed by the laws of the State of Delaware, United States, without regard to conflict of law principles. Any legal action not subject to arbitration shall be brought exclusively in the state or federal courts located in Delaware.
14. BINDING ARBITRATION & CLASS ACTION WAIVER
PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.
14.1 Agreement to Arbitrate
You and Baseball IQ agree that any dispute, claim, or controversy arising out of or relating to these Terms or the Service ("Disputes") will be resolved by binding arbitration, rather than in court, except that either party may bring claims in small claims court if they qualify.
14.2 Arbitration Rules
Arbitration shall be administered by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules. The arbitration will be conducted by a single arbitrator, in the English language, in Delaware or another mutually agreed location (or via video conference).
14.3 CLASS ACTION WAIVER
YOU AND BASEBALL IQ AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE PROCEEDING. The arbitrator may not consolidate more than one person's claims and may not preside over any form of class or representative proceeding.
14.4 Opt-Out
You may opt out of this arbitration agreement by sending written notice to legal@baseballiq.win within 30 days of first accepting these Terms. Your notice must include your name, address, and a clear statement that you wish to opt out.
15. General Provisions
15.1 Entire Agreement
These Terms, together with the Privacy Policy, constitute the entire agreement between you and Baseball IQ.
15.2 Severability
If any provision is held invalid or unenforceable, that provision will be modified to the minimum extent necessary, and the remaining provisions will remain in effect.
15.3 Waiver
Our failure to enforce any right or provision does not constitute a waiver of that right or provision.
15.4 Assignment
You may not assign these Terms without our consent. We may assign these Terms without restriction.
15.5 Force Majeure
We are not liable for delays or failures due to circumstances beyond our reasonable control.
16. Changes to Terms
We may modify these Terms at any time. Material changes will be communicated via email or in-app notice at least 30 days before taking effect. Continued use after changes constitutes acceptance. If you disagree with changes, you must stop using the Service.
Contact Us
For questions about these Terms, contact us at: