Terms of Service
These Terms of Service (the "Agreement") are entered into between you (the "User" or "you") and That's Good Studio, LLC, a South Carolina limited liability company ("Company," "we," "us," or "our"), and govern your access to and use of the Bullpen Dude: Pitch Tracker mobile application, the bullpendude.app website, and all related services, content, and features (collectively, the "Service").
By downloading, installing, accessing, or using the Service, you agree to be bound by this Agreement. If you do not agree to these terms, do not use the Service.
1. Description of Service
The Service provides pitch tracking, roster management, rule-set eligibility calculations (including but not limited to PitchSmart, USSSA, and Perfect Game rule sets), and analytics tools for use in connection with youth baseball activities. The Service is designed and intended for personal, non-commercial use by parents, coaches, and teams in connection with youth baseball games, practices, and related team activities. Use of the Service for any other sport, activity, or purpose is outside the intended scope of the Service and is not supported.
2. Subscriptions, Payment, and Auto-Renewal
a. Subscription Basis. Access to paid features of the Service is provided on an auto-renewing subscription basis or as a one-time lifetime purchase. The subscription term, price, and billing frequency will be disclosed at the time of purchase within the Apple App Store or the Service.
b. Auto-Renewal. Auto-renewing subscriptions will automatically renew at the end of each subscription period at the then-current price, unless you cancel at least 24 hours before the end of the current period. Your Apple ID account will be charged for renewal within 24 hours prior to the end of the current period.
c. Managing and Canceling Your Subscription. You can manage your subscription and turn off auto-renewal at any time by going to your Apple ID account settings after purchase. Deleting the app does not cancel your subscription.
d. Free Tier. The Service offers a free Youth tier that allows limited use, currently including one (1) team owned by the user. The Youth tier does not require payment and does not automatically convert to a paid subscription. To access features beyond the Youth tier's limits, you must purchase a Coach or Coach Plus subscription. Your User Content (including teams, rosters, and configurations) is retained regardless of whether you upgrade to a paid subscription, remain on the Youth tier, or allow a paid subscription to lapse, subject to Company's data retention practices and Section 9. Company may modify the features and limits of any tier at any time in its sole discretion.
e. Promotional Offers. From time to time, Company may offer promotional pricing, discounts, or other offers. Such offers are subject to their specific terms and may be modified or withdrawn at any time.
f. No Refunds. All fees are non-refundable except as expressly required by applicable law or Apple's refund policies. Refund requests for App Store purchases must be directed to Apple.
g. Price Changes. We may change subscription prices at any time. Any price increase will take effect at the start of the next subscription period following notice, and your continued use of the Service after the change constitutes acceptance of the new price.
3. Rule Sets, Data Accuracy, and Coaching Judgment
a. Informational Purpose. The Service applies rule sets published by third-party organizations (including but not limited to PitchSmart, USSSA, and Perfect Game) to help coaches track pitch counts, required rest periods, and pitcher eligibility. The Service is provided as an informational tool only.
b. Not a Medical Device or Medical Advice. The Service is not a medical device and does not provide medical advice, diagnosis, or treatment. Pitch-count rule sets are guidelines developed to reduce injury risk; they are not guarantees against injury. Decisions about a player's health, injury risk, participation, or return-to-play must be made by qualified medical professionals and by coaches and parents exercising their own judgment.
c. Not a Substitute for Official League Rules. Rule sets applied by the Service reflect Company's understanding of the applicable rules at the time of implementation. Rules published by third-party organizations may change, be interpreted differently by different governing bodies, or be superseded by league- or tournament-specific rules. Official league or tournament rules are always authoritative. You are responsible for verifying pitcher eligibility, pitch counts, and rest requirements with the official rules of your league, tournament, or governing body.
d. User Responsibility for Data Entry. The Service's calculations depend on the accuracy of the data you enter, including pitch counts, appearance dates and times, roster information, and rule-set selection. You are solely responsible for the accuracy of the data you enter and for verifying the Service's outputs against official league records and your own observations.
e. Rule Set Changes. Company may update rule sets, add new rule sets, remove rule sets, or change how any rule set is implemented at any time in its sole discretion. Company makes no guarantee that any particular rule set will remain available in the Service.
4. License Grant and Intellectual Property
a. Company-Owned Content. All software (including object and source code), graphics, logos, text, chart designs, analytic visualizations, and other content made available through the Service (collectively, the "Company Content") are and shall remain the exclusive property of Company or its licensors. Company Content is protected by copyright, trademark, and other intellectual property laws.
b. Limited License. Subject to your compliance with this Agreement, Company grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Company Content solely for your personal, non-commercial use in connection with youth baseball activities during the term of your active subscription or within the limits of the Youth tier.
c. Third-Party Rule Sets. References to PitchSmart, USSSA, Perfect Game, and other rule sets identify the source of guidelines applied by the Service. These marks are the property of their respective owners. Company is not affiliated with, endorsed by, or sponsored by any of these organizations.
d. User Content. You may create team rosters, lineups, player information, game records, pitch data, and similar configurations within the Service ("User Content"). You retain ownership of your User Content. You grant Company a non-exclusive, royalty-free, worldwide, perpetual, sublicensable license to use, reproduce, modify, display, distribute, and create derivative works of User Content solely to provide, maintain, secure, and improve the Service.
e. Feedback. If you provide feedback, suggestions, or ideas regarding the Service, you grant Company a perpetual, irrevocable, worldwide, royalty-free license to use such feedback without restriction or compensation.
f. Reservation of Rights. All rights not expressly granted to you in this Agreement are reserved by Company. Nothing in this Agreement transfers any ownership interest in Company Content to you.
5. Restrictions on Use
You agree that you will not, and will not permit others to: (a) use the Service for any commercial purpose or for direct or indirect commercial advantage; (b) use the Service for any unlawful, infringing, defamatory, harassing, or harmful purpose; (c) use the Service for any sport, activity, or purpose other than youth baseball; (d) sell, resell, sublicense, rent, lease, lend, or otherwise transfer access to the Service or Company Content; (e) remove, obscure, or alter any copyright, trademark, or other proprietary notices; (f) circumvent, disable, or interfere with any security, authentication, access-control, or tier-enforcement features of the Service; (g) use automated means (including bots, scrapers, or crawlers) to access the Service, except for publicly available search engines indexing public marketing pages; (h) share, transfer, or pool a single account's subscription entitlements across multiple unrelated teams, organizations, or users; (i) enter or upload data about any individual, including any minor, without appropriate authority from that individual, that individual's parent or guardian, or the applicable team or league; (j) use the Service to harass, harm, or invade the privacy of any person, including any player; or (k) use the Service to infringe any third party's intellectual property, privacy, publicity, or other rights.
6. Roster Data, Player Access, and Multi-Coach Teams
a. Coach Authority. When you enter roster or player information into the Service, you represent that you have appropriate authority from the team, league, or players' parents or guardians to do so.
b. Head Coach and Assistant Coaches. The head coach owns the team record and controls team-level settings. Assistant coaches invited by the head coach have access to team data at a permission level determined by the head coach and by the Service. Assistant coaches inherit the head coach's subscription tier for that team. Adding assistant coaches does not entitle any user to additional teams beyond their own tier's team cap.
c. Parent Access. Coaches may generate a Player Code that allows a parent to claim access to a specific player's data within the Service. Parents who have claimed a player may view, correct, and request deletion of that player's data. Parent access is intended for parents and legal guardians of the identified player only.
d. Data About Minors. Because the Service handles data about youth players, you must exercise care with information you enter and share. See our Privacy Policy for more on how minor data is handled.
7. Age Requirements and Parental Consent
The Service is intended for users aged eighteen (18) years or older. Users aged thirteen (13) to seventeen (17) may use the Service only with the consent and supervision of a parent or legal guardian who agrees to be bound by this Agreement. The parent or guardian accepts full responsibility for: (a) the minor's compliance with this Agreement; (b) any charges or fees incurred; and (c) any liability arising from the minor's use of the Service.
The Service is not directed to children under thirteen (13), and Company does not knowingly collect personal information directly from children under thirteen (13). Data about youth players entered by coaches or parents is treated as described in our Privacy Policy. If we learn that personal information has been collected directly from a child under thirteen (13) without verifiable parental consent, we will take steps to delete such information promptly.
8. Apple App Store Additional Terms
The following terms apply to your use of the iOS version of the Service obtained through the Apple App Store:
a. Acknowledgment. This Agreement is between you and Company only, not with Apple Inc. ("Apple"). Apple is not responsible for the Service or its content.
b. Scope of License. The license granted to you for the iOS Service is limited to a non-transferable license to use the Service on any Apple-branded products that you own or control, and as permitted by the Usage Rules set forth in the Apple Media Services Terms and Conditions.
c. Maintenance and Support. Company, not Apple, is solely responsible for providing any maintenance and support services with respect to the Service.
d. Warranty. Company, not Apple, is responsible for any product warranties, whether express or implied by law, to the extent not effectively disclaimed. In the event of any failure of the Service to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the Service to you (if applicable). To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Service.
e. Product Claims. Company, not Apple, is responsible for addressing any claims by you or any third party relating to the Service, including but not limited to product liability claims, claims that the Service fails to conform to any applicable legal or regulatory requirement, and claims arising under consumer protection, privacy, or similar legislation.
f. Intellectual Property Claims. In the event of any third-party claim that the Service or your use of it infringes that third party's intellectual property rights, Company, not Apple, will be solely responsible for the investigation, defense, settlement, and discharge of any such claim.
g. Legal Compliance. You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo or designated as a "terrorist supporting" country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
h. Third-Party Beneficiary. You acknowledge and agree that Apple and Apple's subsidiaries are third-party beneficiaries of this Agreement, and that Apple will have the right (and will be deemed to have accepted the right) to enforce this Agreement against you as a third-party beneficiary.
9. Privacy
Your use of the Service is also subject to our Privacy Policy, which is incorporated by reference into this Agreement.
10. Termination
a. Termination by You. You may terminate this Agreement at any time by canceling your subscription and discontinuing use of the Service. See Section 2(c) for subscription cancellation instructions.
b. Termination by Company. Company may suspend or terminate your access to the Service at any time, with or without notice, for any reason, including if you breach this Agreement.
c. Effect of Termination. Upon termination, all licenses granted to you under this Agreement immediately terminate, and you must cease all use of the Service and Company Content. Sections 3, 4, 5, 6(d), 11, 12, 13, 14, 15, and 16 through 24 will survive termination.
11. Disclaimer of Warranties
THE SERVICE AND COMPANY CONTENT ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. COMPANY DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, ERROR-FREE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
WITHOUT LIMITING THE FOREGOING, COMPANY DOES NOT WARRANT THAT ANY RULE-SET CALCULATION, PITCH-COUNT TRACKING, ELIGIBILITY DETERMINATION, ANALYTIC OUTPUT, OR OTHER OUTPUT OF THE SERVICE IS COMPLETE, ACCURATE, CURRENT, OR SUITABLE FOR ANY PARTICULAR PURPOSE. THE SERVICE IS AN INFORMATIONAL TOOL ONLY AND IS NOT A SUBSTITUTE FOR OFFICIAL LEAGUE RULES, MEDICAL ADVICE, OR THE JUDGMENT OF COACHES, PARENTS, OR QUALIFIED MEDICAL PROFESSIONALS. SEE SECTION 3 FOR ADDITIONAL DETAIL.
12. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL COMPANY, ITS OFFICERS, MEMBERS, EMPLOYEES, CONTRACTORS, OR AFFILIATES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION LOSS OF PROFITS, DATA, USE, GOODWILL, PLAYER INJURY, MEDICAL EXPENSES, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR THE SERVICE, WHETHER BASED IN WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, OR ANY OTHER LEGAL THEORY, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
COMPANY'S TOTAL CUMULATIVE LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE SERVICE SHALL NOT EXCEED THE GREATER OF (A) THE AMOUNTS PAID BY YOU TO COMPANY IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED U.S. DOLLARS ($100).
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
13. Indemnification
You agree to indemnify, defend, and hold harmless Company and its officers, members, employees, contractors, and affiliates from and against any and all claims, damages, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or related to: (a) your use of the Service; (b) your violation of this Agreement; (c) your violation of any third-party right, including intellectual property, privacy, or publicity rights; (d) your User Content; (e) any claim of injury to any player arising from reliance on the Service in place of official league rules, medical advice, or coaching judgment; or (f) any data you enter about a minor without appropriate authority.
14. Dispute Resolution; Binding Arbitration; Class Action Waiver
a. Informal Resolution. Before initiating any arbitration or court proceeding, you must first contact Company at beta@bullpendude.app and attempt in good faith to resolve the dispute informally for at least sixty (60) days.
b. Binding Arbitration. If informal resolution is unsuccessful, any controversy or claim arising out of or relating to this Agreement or the Service shall be resolved by binding individual arbitration administered by the American Arbitration Association ("AAA") in accordance with its Consumer Arbitration Rules. The arbitration shall be conducted in Greenville County, South Carolina, or at another mutually agreed location, or by remote/telephonic means where permitted. The arbitrator shall have exclusive authority to resolve all disputes arising out of or relating to the interpretation, applicability, enforceability, or formation of this Agreement, including whether a claim is subject to arbitration. Judgment on the arbitration award may be entered in any court of competent jurisdiction.
c. Class Action Waiver. TO THE FULLEST EXTENT PERMITTED BY LAW, YOU AND COMPANY AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, OR REPRESENTATIVE PROCEEDING. THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON'S CLAIMS AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF REPRESENTATIVE OR CLASS PROCEEDING. If this class action waiver is found unenforceable, then the entirety of this arbitration provision shall be null and void, and all disputes shall be resolved in court as set forth in Section 15.
d. Small Claims Court Exception. Either party may bring an individual action in small claims court for disputes within that court's jurisdictional limits.
e. Opt-Out. You may opt out of this arbitration provision by sending written notice to beta@bullpendude.app within thirty (30) days of first accepting this Agreement. The opt-out notice must include your name, account email, and a clear statement that you wish to opt out of arbitration. If you opt out, all other provisions of this Agreement will remain in effect.
15. Governing Law and Venue
This Agreement shall be governed by and construed in accordance with the laws of the State of South Carolina, without regard to its conflict of laws principles. Subject to Section 14, any action not subject to arbitration shall be brought exclusively in the state or federal courts located in Greenville County, South Carolina, and you consent to the personal jurisdiction of such courts.
16. Changes to This Agreement
Company may modify this Agreement at any time by posting a revised version within the Service or on the Company website. Material changes will become effective thirty (30) days after posting, unless you accept them sooner through continued use. If you do not agree to the modified terms, your sole remedy is to cancel your subscription and discontinue use of the Service before the changes take effect. Your continued use of the Service after the effective date of any modification constitutes acceptance of the modified terms.
17. Force Majeure
Company shall not be liable for any failure or delay in performance caused by events beyond its reasonable control, including acts of God, natural disasters, epidemics, pandemics, war, terrorism, civil unrest, labor disputes, internet or utility outages, or actions of governmental authorities.
18. Assignment
You may not assign or transfer this Agreement or any rights or obligations under it without Company's prior written consent. Company may assign this Agreement at any time without notice. Any attempted assignment in violation of this Section is void.
19. Severability
If any provision of this Agreement is held invalid or unenforceable, the remaining provisions will remain in full force and effect, and the invalid provision shall be modified to the minimum extent necessary to make it enforceable while reflecting the parties' original intent.
20. Waiver
No failure or delay by Company in exercising any right under this Agreement shall operate as a waiver of that right. No waiver shall be effective unless in writing and signed by Company.
21. Entire Agreement
This Agreement, together with the Privacy Policy and any additional terms you agree to when using specific features, constitutes the entire agreement between you and Company regarding the Service and supersedes all prior or contemporaneous agreements, communications, and proposals, whether oral or written.
22. Construction
The rule of construction that ambiguities are resolved against the drafting party shall not apply to this Agreement. Section headings are for convenience only and do not affect interpretation.
23. Electronic Acceptance
By downloading, installing, or using the Service, you agree to be bound by this Agreement. Electronic acceptance has the same legal effect as a physical signature.
24. Contact
That's Good Studio, LLC
Email: beta@bullpendude.app
Website: https://bullpendude.app