Terms of Service

Last updated: November 11, 2024

1. Acceptance of Terms

By accessing or using Pitch Tracker Pro, you agree to be bound by these Terms and all applicable laws and regulations. If you do not agree with any part of these Terms, you must not use the Service.

1.1 Eligibility

You must be at least 13 years of age to use the Service. If you are under 18:

• You represent that you have obtained parental or guardian consent to use the Service
• Your parent or guardian agrees to be bound by these Terms on your behalf
• Your parent or guardian is responsible for your use of the Service
• Special privacy protections apply (see our Privacy Policy)

1.2 Capacity

You represent and warrant that:

• You have the legal capacity and authority to enter into this Agreement
• You are not prohibited from using the Service under applicable laws
• All information you provide is accurate, current, and complete
• You will maintain the accuracy of your information

1.3 Modifications to Terms

We reserve the right to modify these Terms at any time:

• Material changes will be notified via email or prominent in-app notice
• Continued use after changes constitutes acceptance
• If you do not agree to modified Terms, you must stop using the Service
• The "Last updated" date indicates when Terms were last revised

2. Description of Service

Pitch Tracker Pro is a comprehensive baseball pitch analysis platform that provides:

• Real-Time AI Detection: Live automatic pitch tracking with instant analysis and feedback
• Advanced Video Analysis: High-quality slow motion recording (up to 240fps) with comprehensive server-side AI processing
• Biomechanics Analysis: 3D body tracking, release point analysis, arm angle measurement, and movement pattern analysis
• Performance Analytics: Comprehensive dashboards, trends, charts, heat maps, and comparative reports
• Team Management: Tools for coaches to manage teams, players, track performance, and generate team reports
• Social Features: Friend connections, comparison reports, achievement sharing, and social notifications
• Data Storage: Secure cloud storage of pitch data, videos, analytics, and historical records
• Export Capabilities: Data export, report generation, and sharing functionality
• Subscription Services: Freemium model with tiered subscription plans (Free, Pro, Team, Elite)

3. User Accounts and Registration

3.1 Account Creation

To access certain features, you must create an account by providing:

• Valid email address
• Secure password (meeting our security requirements)
• Basic profile information (name, date of birth, etc.)
• Agreement to these Terms and Privacy Policy

3.2 Account Security

You are solely responsible for:

• Maintaining the confidentiality and security of your account credentials
• All activities that occur under your account, whether authorized or not
• Notifying us immediately of any unauthorized access or security breach
• Using accurate, current, and complete information
• Updating your information promptly when it changes
• Using strong passwords and enabling additional security features (biometric authentication)

3.3 Account Suspension and Termination

We reserve the right to:

• Suspend or terminate your account for violation of these Terms
• Refuse service to anyone at any time for any reason
• Remove or edit content that violates these Terms
• Take legal action for violations

3.4 Account Transfer

You may not:

• Transfer, sell, or assign your account to another person
• Share your account credentials with others
• Allow others to access your account

4. Acceptable Use Policy

4.1 Permitted Uses

You may use the Service for:

• Legitimate baseball training, analysis, and performance improvement
• Recording and analyzing your own pitches or those of consenting players
• Coaching and team management (if you are a coach)
• Sharing data within your team with appropriate permissions
• Exporting your own data for personal use
• Educational and research purposes (with proper attribution)

4.2 Prohibited Uses

You agree NOT to:

• Use the Service for any illegal, unauthorized, or fraudulent purpose
• Violate any applicable local, state, national, or international law or regulation
• Record, analyze, or process others without their explicit consent
• Infringe upon intellectual property rights, privacy rights, or other rights of others
• Attempt to reverse engineer, decompile, disassemble, or hack the Service
• Interfere with or disrupt the Service, servers, or networks
• Introduce viruses, malware, or other harmful code
• Use automated systems (bots, scrapers) to access the Service
• Impersonate any person or entity or misrepresent your affiliation
• Harass, abuse, threaten, or harm other users
• Spam, phish, or engage in deceptive practices
• Collect or harvest information about other users
• Use the Service to compete with or harm our business
• Circumvent security measures or access controls
• Modify, adapt, or create derivative works of the Service
• Remove, alter, or obscure proprietary notices or labels

5. Content and Intellectual Property

5.1 Your Content

You retain ownership of:

• Videos you record using the Service
• Personal information and profile data
• Pitch performance data you create
• User-generated content you upload

5.2 License to Company

By using the Service, you grant us a worldwide, non-exclusive, royalty-free, transferable, sublicensable license to:

• Use, store, process, and analyze your content to provide the Service
• Store your data securely in the cloud
• Use aggregated, anonymized data to improve our AI models and Service
• Provide technical support and troubleshooting
• Enforce these Terms and protect our rights
• Display your content as necessary to provide the Service

This license continues even after you stop using the Service, until your content is deleted or your account is terminated.

5.3 Company Intellectual Property

Pitch Tracker Pro owns and retains all rights in:

• The Service software, code, algorithms, and AI models
• Trademarks, service marks, logos, and branding ("Pitch Tracker Pro" and related marks)
• Analysis methodologies, features, and functionality
• User interface, design, and layout
• Documentation, help materials, and educational content
• Aggregated and anonymized data

You may not use our intellectual property without our prior written consent.

5.4 Third-Party Content

The Service may include:

• Third-party libraries, frameworks, and software (used under their respective licenses)
• Open-source components (subject to their license terms)
• Fonts, icons, and design elements (used under appropriate licenses)

All third-party content remains the property of its respective owners.

5.5 User Content Representations

You represent and warrant that:

• You own or have the right to use all content you upload
• Your content does not infringe any third-party rights
• You have obtained all necessary consents and permissions
• Your content is not defamatory, obscene, or illegal
• Your content does not contain viruses or malware

6. Data Accuracy and Disclaimers

6.1 Analysis Results

You acknowledge and agree that:

• Analysis results are estimates based on video analysis and AI processing
• Results may vary due to recording conditions, camera positioning, and device limitations
• Results should not be considered as precise as professional radar or motion capture systems
• Results are for training and educational purposes only
• We are not responsible for decisions made based on analysis results

6.2 No Warranties

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO:

• WARRANTIES OF MERCHANTABILITY
• FITNESS FOR A PARTICULAR PURPOSE
• NON-INFRINGEMENT
• ACCURACY, RELIABILITY, OR COMPLETENESS
• UNINTERRUPTED OR ERROR-FREE OPERATION

7. Privacy and Data Protection

Your privacy is important to us. Our collection, use, disclosure, and protection of your personal information is governed by our Privacy Policy, which is incorporated into these Terms by reference. By using the Service, you consent to our Privacy Policy.

8. Subscription Services and Payments

8.1 Subscription Tiers

Pitch Tracker Pro offers the following subscription tiers:

• Free Tier: Limited features, limited pitch recordings per month, basic analytics
• Pro Tier: Unlimited pitches, advanced analytics, video analysis, friends features, data export
• Team Tier: All Pro features plus team management, player management, team reports, up to 15 players
• Elite Tier: All Team features plus 3D analysis, GPU acceleration, priority processing, unlimited players, AI recommendations, development plans, advanced biomechanics

8.2 Subscription Terms

Subscriptions are available on a monthly or yearly basis:

• Subscriptions automatically renew unless cancelled
• You will be charged at the beginning of each billing period
• Yearly subscriptions offer discounts (e.g., 33% savings)
• Free trials may be offered (typically 14 days)
• You can cancel at any time through your app store account

8.3 Payment Processing

Payments are processed through:

• Apple App Store (for iOS subscriptions)
• Google Play Store (for Android subscriptions)
• RevenueCat (subscription management platform)

We do not store or process credit card information directly.

8.4 Refunds

Refund policies:

• Refunds are subject to app store policies (Apple App Store, Google Play Store)
• We do not provide direct refunds - all refunds must be requested through the app store
• Refunds are typically available within a limited time period after purchase
• We reserve the right to refuse refunds in cases of abuse or violation of Terms

8.5 Price Changes

We reserve the right to:

• Modify subscription prices at any time
• Offer promotional pricing and discounts
• Discontinue subscription tiers
• Price changes will not affect your current subscription period
• You will be notified of price changes before renewal

8.6 Subscription Cancellation

You may cancel your subscription:

• Through your app store account settings
• By contacting us at support@pitchtrackerpro.com
• Cancellation takes effect at the end of the current billing period
• You will retain access until the end of the paid period
• No refunds for unused portions of subscription periods

9. Limitation of Liability

9.1 Total Liability Cap

TO THE MAXIMUM EXTENT PERMITTED BY LAW, OUR TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING FROM OR RELATED TO THE SERVICE SHALL NOT EXCEED THE AMOUNT YOU PAID TO US IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM, OR ONE HUNDRED DOLLARS ($100), WHICHEVER IS GREATER.

9.2 Exclusions

Some jurisdictions do not allow the exclusion or limitation of certain damages, so the above limitations may not apply to you. In such jurisdictions, our liability is limited to the maximum extent permitted by law.

9.3 No Liability for Third Parties

We are not liable for:

• Actions or omissions of third-party service providers
• App store policies, changes, or issues
• Network connectivity issues or internet service provider problems
• Device malfunctions or compatibility issues
• User errors or misuse of the Service

10. Indemnification

You agree to indemnify, defend, and hold harmless Pitch Tracker Pro, its affiliates, officers, directors, employees, agents, and licensors from and against any and all claims, damages, obligations, losses, liabilities, costs, debts, and expenses (including reasonable attorneys' fees) arising from:

• Your use or misuse of the Service
• Your violation of these Terms
• Your violation of any third-party rights
• Your violation of any applicable laws or regulations
• Content you upload or share
• Your failure to obtain necessary consents or permissions
• Any decisions or actions taken based on analysis results

11. Service Availability and Modifications

11.1 Availability

We strive to maintain high availability, but:

• The Service may be temporarily unavailable for maintenance, updates, or technical issues
• Some features require internet connectivity
• Service availability depends on third-party services (app stores, cloud providers)
• We do not guarantee uninterrupted or error-free operation
• We may experience downtime due to factors beyond our control

11.2 Service Modifications

We reserve the right to:

• Modify, update, or discontinue features at any time
• Change Service functionality, design, or user interface
• Discontinue the Service entirely with reasonable notice
• Add new features or remove existing features
• Modify subscription tiers and pricing

11.3 Updates

We regularly update the Service:

• Updates may be required to continue using the Service
• Updates may add, modify, or remove features
• You are responsible for keeping the app updated
• We are not liable for issues arising from failure to update

12. Termination

12.1 Termination by You

You may terminate your account at any time by:

• Deleting the app from your device
• Contacting us at support@pitchtrackerpro.com to request account deletion
• Canceling any active subscriptions through your app store account
• Following account deletion procedures in the app

12.2 Termination by Us

We may terminate or suspend your access immediately, without prior notice, if:

• You violate these Terms or our Privacy Policy
• You engage in fraudulent, illegal, or harmful activity
• Your account remains inactive for an extended period (typically 2+ years)
• Required by law or legal process
• To protect the safety and security of our users or Service
• To prevent abuse or misuse of the Service
• You fail to pay subscription fees (after notice and grace period)

12.3 Effect of Termination

Upon termination:

• Your right to use the Service immediately ceases
• We may delete your account and data (subject to legal retention requirements)
• You remain liable for all amounts due
• Provisions that by their nature should survive will survive (e.g., indemnification, limitation of liability)

13. Dispute Resolution

13.1 Informal Resolution

Before initiating formal dispute resolution, you agree to:

• Contact us at support@pitchtrackerpro.com to attempt good faith resolution
• Provide detailed description of the dispute
• Allow us 30 days to respond and attempt resolution

13.2 Binding Arbitration

If informal resolution fails, any dispute arising from or relating to these Terms or the Service shall be resolved through:

• Binding Arbitration: Conducted by a single arbitrator under the rules of the American Arbitration Association (AAA)
• Individual Basis Only: No class actions, consolidated actions, or representative actions
• Location: Arbitration shall take place in the state where our company is incorporated
• Governing Law: United States federal law and the law of the state where our company is incorporated
• Waiver of Jury Trial: You waive your right to a jury trial

13.3 Exceptions to Arbitration

Notwithstanding the above, either party may seek:

• Injunctive relief in any court of competent jurisdiction
• Relief for intellectual property violations
• Relief in small claims court (for claims within jurisdiction limits)

13.4 Class Action Waiver

YOU AGREE THAT ANY DISPUTE SHALL BE RESOLVED ON AN INDIVIDUAL BASIS AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN CLASS ACTIONS, CONSOLIDATED ACTIONS, OR REPRESENTATIVE ACTIONS.

14. Governing Law and Jurisdiction

14.1 Governing Law

These Terms are governed by and construed in accordance with:

• The laws of the United States
• The laws of the state where our company is incorporated
• Without regard to conflict of law principles

14.2 Jurisdiction

For disputes not subject to arbitration:

• You consent to the exclusive jurisdiction of the courts in the state where our company is incorporated
• You waive any objection to venue in such courts

15. Export Control and Compliance

You agree to comply with all applicable export control laws and regulations:

• You will not export or re-export the Service in violation of U.S. or other applicable export laws
• You represent that you are not located in a country subject to U.S. embargo or sanctions
• You are not on any restricted or denied party list

16. Force Majeure

We shall not be liable for any failure or delay in performance due to circumstances beyond our reasonable control, including but not limited to:

• Natural disasters, acts of God, or weather events
• War, terrorism, or civil unrest
• Pandemics, epidemics, or public health emergencies
• Government actions, regulations, or restrictions
• Internet or telecommunications failures
• Third-party service provider failures

17. Severability

If any provision of these Terms is found to be invalid, illegal, or unenforceable:

• The remaining provisions shall remain in full force and effect
• The invalid provision shall be modified to the minimum extent necessary to make it valid and enforceable
• If modification is not possible, the provision shall be severed

18. Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and Pitch Tracker Pro regarding the Service and supersede all prior agreements, understandings, and communications.

19. Waiver

Our failure to enforce any provision of these Terms does not constitute a waiver of that provision or any other provision. Any waiver must be in writing and signed by us.

20. Assignment

You may not assign or transfer these Terms or your account without our prior written consent. We may assign or transfer these Terms or our rights and obligations without your consent in connection with a merger, acquisition, or sale of assets.

21. Contact Information