BlackForge Sports App — Terms of Use
Draft · under legal reviewEffective: [date of app launch]
These Terms of Use ("Terms") are an agreement between you and BlackForge Sports, LLC ("BlackForge Sports," "we," "us") governing the BlackForge Sports mobile app and related services (the "App"). By creating an account or using the App you agree to these Terms and to our [App Privacy Policy]. If you do not agree, do not use the App.
1. Who may use the App
- You must be 18 or older to create an account for yourself, a coach, organizer or parent/guardian account.
- Children under 13 may have a profile only if their parent or guardian creates it and consents. The parent is responsible for the child's profile and use of the App.
- Teens 13–17 may use the App [with a parent/guardian's permission — confirm structure].
- If you create or manage a profile for a child, you confirm you are the child's parent or legal guardian, or are authorized by one.
- Use of the App is limited to [the United States — confirm].
2. Your account
Provide accurate information, keep your credentials secure, and tell us promptly about unauthorized use. You are responsible for activity under your account. Parents control their children's profiles, privacy settings and follow requests.
3. Your content
"Your content" includes scores and plays you enter, profile information, photos, videos, and [comments and reactions].
- You own your content. You grant BlackForge Sports a worldwide, non-exclusive, royalty-free license to host, store, display, reproduce and process it to operate, secure and improve the App, and to show it as your privacy settings allow (including generating cards and highlights from it).
- You represent that you have the right to post it and that it does not violate anyone's rights or the law. For photos or video of a child, you confirm you are the parent/guardian or have the parent's permission.
- Game scoring. Scores and stats are entered by scorers and may contain mistakes. Where a coach or organizer verifies data, it is labeled. We are not responsible for the accuracy of user-entered data.
- We may remove content that violates these Terms, at our discretion, and may keep a record as required by law.
4. Acceptable use
Do not:
- contact, message, solicit or try to identify children you do not know, or use the App to groom, harass, bully or endanger anyone;
- post unlawful, harmful, hateful, sexual, or misleading content, or personal information of others such as addresses or phone numbers;
- impersonate anyone, or create a profile for a child who is not your child or player without authorization;
- scrape the App, reverse engineer it, circumvent privacy settings or security, or interfere with its operation;
- use the App for gambling, wagering, or fantasy contests with prizes [confirm];
- use it to build a competing product or sell player data.
We may suspend or terminate accounts that violate these Terms. Report a concern at [safety email]. We will act on reports involving child safety promptly and may report to authorities and organizations such as NCMEC where required.
5. Arm-care and health information
Arm-care load, day caps and rest guidance are advisory, based on published youth pitch-count recommendations [e.g. the MLB/USA Baseball Pitch Smart guidelines — confirm reference and whether it may be named]. They are not medical advice, do not diagnose or treat any condition, and are not a substitute for a coach, physician or athletic trainer. Data may be incomplete if games or pitches are not scored. Athletes, parents and coaches are responsible for decisions about participation and rest. Stop and seek medical care if an athlete has pain.
6. Coaches, organizers and leagues
Coaches and organizers are independent users, not employees or agents of BlackForge Sports. They are responsible for their teams, events, rosters, safety and compliance, and for having consent to enter a minor's information. BlackForge Sports does not run, supervise or insure any team, league or event.
7. Our property
The App, including its software, designs, text, graphics, and the BlackForge Sports™ and BlackForge marks, belongs to BlackForge Sports or its licensors. We grant you a limited, personal, revocable, non-transferable license to use the App on Apple devices you own or control, subject to these Terms and the Apple Media Services Terms. Feedback you give us may be used without obligation to you.
8. Apple-specific terms
These Terms are between you and BlackForge Sports, not Apple. Apple has no obligation to provide maintenance or support for the App, and is not responsible for claims relating to it, including product liability, legal compliance or intellectual property claims. If the App fails to conform to a warranty, you may notify Apple for a refund of any purchase price [none today], and Apple has no other warranty obligation. Apple and its subsidiaries are third-party beneficiaries of these Terms and may enforce them. You represent that you are not located in a country subject to a U.S. embargo and are not on a U.S. prohibited-party list.
9. Pre-release and beta versions
If you use a beta or TestFlight version, it may contain errors, change or be discontinued, and data may be reset. Do not rely on it as your only record of a game.
10. Fees
The App is [free to join]. If we later add paid features we will show the price and terms before you buy, and Apple's in-app purchase terms will apply.
11. Disclaimers
The App is provided "as is" and "as available," without warranties of any kind, express or implied, including merchantability, fitness for a particular purpose, accuracy and non-infringement, to the fullest extent permitted by law. We do not guarantee that the App will be uninterrupted or error-free, or that stats, cards or guidance are accurate.
12. Limitation of liability
To the fullest extent permitted by law, BlackForge Sports and its members, managers, officers, employees and affiliates will not be liable for indirect, incidental, special, consequential or punitive damages, or lost profits, data or goodwill. Our total liability for any claim relating to the App is limited to the greater of $100 or the amount you paid us in the 12 months before the claim. Nothing in these Terms limits liability that cannot be limited by law. [Counsel: consider carve-outs and whether limits are enforceable for claims involving minors.]
13. Indemnity
You will defend and indemnify BlackForge Sports against claims and costs arising from your content, your breach of these Terms, or your misuse of the App, to the extent permitted by law. [Counsel: consider whether to apply this to parents acting for minors.]
14. Disputes
These Terms are governed by the laws of the State of Delaware, without regard to conflict-of-law rules. [Counsel: decide between courts in Delaware and binding individual arbitration with a class-action waiver and opt-out. If arbitration is used, add the procedure here. Consumer and minor-related claims may limit enforceability.] Before filing a claim, contact us at [legal email] and try to resolve it informally for 30 days.
15. Termination
You can stop using the App and delete your account at any time. We may suspend or end your access if you violate these Terms or to protect users, and may discontinue the App. Sections that by their nature should survive will survive (ownership, disclaimers, liability, indemnity, disputes).
16. Changes
We may update these Terms. We will post the new version with a new effective date and, for material changes, notify you in the App or by email. Continued use after the effective date means you accept them.
17. Copyright complaints
If you believe content in the App infringes your copyright, send a notice to our designated agent: [DMCA agent name, address, email — register with the U.S. Copyright Office].
18. General
These Terms and the Privacy Policy are the entire agreement between us on the App. If a provision is unenforceable, the rest remains in effect. Our failure to enforce a right is not a waiver. You may not assign these Terms; we may.
19. Contact
BlackForge Sports, LLC
[Mailing address]
[legal@ email]