The complete agreement between you and the coach who runs The Battery, governing use of the Service. Where this document and the plain-language summary differ, this document controls.
1.1 These Terms of Service (the "Terms") constitute a binding agreement between you and Scott Haungs, an individual who builds and runs The Battery as a personal project in Massachusetts ("The Battery", "we", "us", "our").
1.2 By creating an Account, accessing or using the Service, or clicking to accept these Terms, you agree to be bound by them. If you do not agree, you must not use the Service.
1.3 The Privacy Policy is incorporated into these Terms by reference and forms part of this agreement.
1.4 If you accept these Terms on behalf of a league, club, school or other organisation, you represent that you have authority to bind that organisation, and "you" refers to both you and that organisation.
3.1 You must be at least eighteen (18) years of age to use the Service. By using it you represent that you are.
3.2 The Service is intended for individuals acting in a coaching, managerial or administrative capacity for a youth baseball or softball team.
3.3 You must not use the Service if you are barred from doing so under the law of any applicable jurisdiction, or if your Account has previously been terminated by us.
4.1 Access is currently by invitation. We may decline to create, and may remove, any Account at our discretion.
4.2 You must provide accurate registration information and keep it current.
4.3 You are responsible for maintaining the confidentiality of your credentials and for all activity conducted through your Account, whether or not authorised by you. You must notify us promptly at support@lineupiq.app of any unauthorised use.
4.4 You must not share your credentials, permit another person to use your Account, or maintain more than one Account without our consent. To give another coach access to a Team, use the invitation mechanism described at Section 9.
5.1 Subject to these Terms, we grant you a limited, non-exclusive, non-transferable, non-sublicensable, revocable licence to access and use the Service for the purpose of managing teams for which you have coaching responsibility.
5.2 That licence is personal to you and confers no right of resale, redistribution or commercial exploitation of the Service.
5.3 We reserve all rights not expressly granted.
6.1 You must not, and must not permit any other person to:
6.2 We may investigate any suspected violation and may suspend or terminate access under Section 14 without prior notice where we reasonably believe a violation has occurred.
7.1 You own Your Content. These Terms transfer no ownership of it to us.
7.2 You grant us a worldwide, non-exclusive, royalty-free licence to host, store, reproduce, transmit, display and process Your Content solely to the extent necessary to operate, maintain, secure and support the Service and to provide it to you and to the coaches you have authorised. That licence exists for no other purpose and terminates when Your Content is deleted, save for the limited retention described in the Privacy Policy.
7.3 We do not use Your Content to train machine learning models, and we do not use it for advertising, profiling or any purpose unrelated to providing the Service.
7.4 You represent and warrant that you have all rights, consents and authority necessary to submit Your Content and to grant the licence at Section 7.2, and that Your Content does not infringe or misappropriate the rights of any third party.
7.5 You are solely responsible for Your Content, including its accuracy, legality and appropriateness, and for maintaining your own copies of anything you wish to keep. The Service provides an export function for that purpose.
7.6 We do not routinely monitor Your Content, but we may review, refuse or remove content that we reasonably believe violates these Terms or applicable law.
8.1 The Service is designed to hold the minimum information needed to produce a lineup. It accepts a first name and a single last initial for each player and provides no field for a surname, date of birth, age, photograph, address, telephone number, email address or medical information. You must not attempt to record such information in any field.
8.2 You represent and warrant that you have the authority required to record information about each player you enter, including any authority required by that player's parent or guardian, by your league, club or organisation, and by applicable law.
8.3 You are responsible for responding to any request from a parent or guardian concerning a Player Entry you created. You can view, correct and delete any Player Entry from within the Service at any time.
8.4 We make available a notice for parents and guardians that you may distribute. Whether you are required to give notice, and whether you must obtain consent, is determined by your league's rules and by applicable law, and is your responsibility to determine.
9.1 A Team is private to the coach who created it until that coach invites another coach by email.
9.2 The owner of a Team assigns each invited coach a role determining what that coach may see and change. The owner may view the coaches with access and revoke any of them at any time.
9.3 Revocation takes effect on the revoked coach's next synchronisation with our servers. Revocation cannot recall information already seen, exported, copied or printed. Consider carefully whom you invite.
9.4 An invitation issued to a specific email address may be redeemed only by an account registered at that address.
9.5 You are responsible for the conduct of coaches you invite and for ensuring they are entitled to see the information in the Team.
10.1 The Service is provided during a private testing period. It may contain defects, may be interrupted, and may change substantially or be withdrawn.
10.2 We do not commit to any level of availability, uptime or support, and we do not offer a service level agreement.
10.3 We may add, alter, suspend or discontinue any feature at any time. Where a change materially reduces functionality you rely on, we will make reasonable efforts to give advance notice within the Service.
10.4 You are responsible for your own backups. We are not a backup service. Use the export function regularly for anything you cannot afford to lose.
10.5 The Service depends on third-party infrastructure, and outages or changes at those providers may affect it. We are not responsible for the acts or omissions of those providers.
11.1 The Service is currently provided without charge.
11.2 We may introduce fees for the Service or for particular features. We will give notice before any fee applies to you, and no charge will be made without your express agreement at that time.
11.3 If paid features are introduced, additional terms covering billing, renewal, refunds and taxes will apply and will be presented to you before purchase.
12.1 The Service, including its software, algorithms, models, interfaces, design, text, graphics, marks and documentation, and all intellectual property rights in them, are and remain the exclusive property of The Battery and its licensors.
12.2 "The Battery", the Battery logo, and our other names and marks are our trademarks. Nothing in these Terms grants you any right to use them.
12.3 Statistical output generated from Your Content belongs to you. The methods, models and software that generate it belong to us.
12.4 If you believe material on the Service infringes your copyright, write to support@lineupiq.app with the information required by 17 U.S.C. § 512(c)(3).
13.1 If you send us suggestions, ideas, bug reports or other feedback, you grant us a perpetual, irrevocable, worldwide, royalty-free, fully paid licence to use, reproduce, modify and exploit it without restriction, attribution or compensation. You waive any moral rights in it to the extent permitted by law.
13.2 Feedback is not confidential, and you should not send us anything you regard as confidential or proprietary.
14.1 These Terms apply from the moment you first access the Service and continue until terminated.
14.2 You may terminate at any time by deleting your Account from within the Service. Deletion is immediate and irreversible, and erases your Account, the Teams you own and their rosters, your memberships of other coaches' Teams, and any unredeemed invitations you issued. Export anything you wish to keep before you delete.
14.3 We may suspend or terminate your access, with or without notice, if you breach these Terms, if we reasonably believe your use creates risk or legal exposure for us or another user, or if we discontinue the Service.
14.4 On termination the licence at Section 5 ends immediately and you must cease using the Service. Sections 7.4, 7.5, 8.2, 12, 13, 15, 16, 17, 18, 19 and 23 survive termination, together with any other provision that by its nature should survive.
The service is provided "as is" and "as available", with all faults and without warranty of any kind. To the fullest extent permitted by applicable law, The Battery and its contractors, agents, suppliers and licensors disclaim all warranties, whether express, implied, statutory or otherwise, including the implied warranties of merchantability, fitness for a particular purpose, title, quiet enjoyment and non-infringement, and any warranty arising out of course of dealing, course of performance or usage of trade.
Without limiting the foregoing, we do not warrant that the service will be uninterrupted, timely, secure or error-free; that defects will be corrected; that the service or the servers that make it available are free of harmful components; or that the results obtained from the service, including any lineup, defensive assignment, projection, ranking or statistic, will be accurate, complete, reliable or suitable for any purpose.
The service produces recommendations from statistical models applied to data you supply. It does not exercise judgment. All coaching, playing-time, fairness, safety and eligibility decisions remain yours alone, and you are responsible for compliance with the rules of your league and with any applicable law.
No advice or information, whether oral or written, obtained from us or through the service creates any warranty not expressly stated in these terms.
Some jurisdictions do not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you. In that event such warranties are limited to the minimum duration and extent permitted by law.
To the fullest extent permitted by applicable law, in no event will The Battery or its contractors, agents, suppliers or licensors be liable for any indirect, incidental, special, consequential, exemplary or punitive damages, or for any loss of profits, revenue, goodwill, opportunity, use, or data, or for the cost of substitute services, arising out of or relating to these terms or the service, however caused and under any theory of liability, whether in contract, tort (including negligence), strict liability or otherwise, and whether or not we have been advised of the possibility of such damages, and even if a limited remedy stated in these terms is found to have failed of its essential purpose.
To the fullest extent permitted by applicable law, our total aggregate liability arising out of or relating to these terms or the service, for all claims in the aggregate, will not exceed the greater of (a) the total amount you paid us for the service in the twelve (12) months preceding the event giving rise to the claim, or (b) one hundred United States dollars (US $100).
These limitations apply to the maximum extent permitted by law even if any remedy fails of its essential purpose, and they form an essential basis of the bargain between us. The service is provided without charge, and we would not be able to provide it on that basis without these limitations.
Nothing in these terms excludes or limits liability for fraud, fraudulent misrepresentation, death or personal injury caused by negligence, or any other liability that cannot lawfully be excluded or limited. Some jurisdictions do not allow the exclusion or limitation of certain damages, so some of the above may not apply to you, and in that event our liability is limited to the greatest extent permitted by law.
17.1 You will indemnify, defend and hold harmless The Battery and its contractors, agents, suppliers and licensors from and against all claims, demands, actions, proceedings, losses, liabilities, damages, judgments, settlements, fines, penalties, costs and expenses, including reasonable attorneys' fees, arising out of or relating to:
17.2 We will notify you promptly of any claim for which we seek indemnity and will reasonably cooperate at your expense. We reserve the right to assume the exclusive defence and control of any matter subject to indemnification, in which case you will cooperate with us. You may not settle any matter in a way that imposes an obligation on us without our prior written consent.
18.1 Informal resolution first. Before commencing any proceeding, you agree to contact us at support@lineupiq.app with a written description of the dispute and the relief sought, and to attempt in good faith to resolve it. If we have not resolved it within sixty (60) days, either of us may proceed under this Section. This period is a condition precedent to commencing arbitration and the limitation period is tolled while it runs.
18.2 Binding arbitration. Except as provided at Sections 18.5 and 18.6, any dispute, claim or controversy arising out of or relating to these Terms or the Service, including its formation, interpretation, breach, termination, enforceability or validity, will be resolved by binding individual arbitration administered by the American Arbitration Association under its Consumer Arbitration Rules, rather than in court. The Federal Arbitration Act governs the interpretation and enforcement of this Section.
18.3 Procedure. Arbitration will be conducted by a single arbitrator. Unless the parties agree otherwise, the seat will be Massachusetts, and any hearing will be held by telephone or videoconference, or in the county of your residence if you request an in-person hearing. The arbitrator may award any relief a court could award to that individual claimant, and the award may be entered as a judgment in any court of competent jurisdiction. The arbitrator's decision is final and binding.
18.4 Class action waiver. All claims must be brought in an individual capacity, and not as a plaintiff or class member in any purported class, collective, consolidated or representative proceeding. The arbitrator may not consolidate the claims of more than one person and may not preside over any form of representative proceeding. If this Section 18.4 is found unenforceable as to a particular claim or request for relief, that claim or request will be severed and heard in court under Section 19, and the remainder will proceed in arbitration.
18.5 Exceptions. Either party may bring an individual action in small claims court, and either party may seek injunctive or other equitable relief in a court of competent jurisdiction to prevent actual or threatened infringement or misappropriation of intellectual property rights.
18.6 Your right to opt out. You may opt out of Sections 18.2 to 18.4 by sending written notice to support@lineupiq.app with the subject line "Arbitration Opt-Out" within thirty (30) days of first accepting these Terms. The notice must state your name and the email address on your Account. Opting out will not affect any other part of these Terms and will not disadvantage you in any way. If you opt out, disputes will be resolved in court under Section 19.
18.7 Changes. If we materially amend this Section 18 after you have accepted these Terms, you may reject the amendment by written notice within thirty (30) days, in which case the version you accepted continues to govern.
18.8 Time limit. To the extent permitted by applicable law, any claim arising out of or relating to these Terms or the Service must be commenced within one (1) year after it accrues, or it is permanently barred.
19.1 These Terms and any dispute arising out of them are governed by the laws of the Commonwealth of Massachusetts, without regard to its conflict of laws rules, and excluding the United Nations Convention on Contracts for the International Sale of Goods.
19.2 To the extent any dispute is not subject to arbitration, it will be brought exclusively in the state or federal courts located in Massachusetts, and you and we consent to the personal jurisdiction of those courts and waive any objection based on venue or forum non conveniens.
19.3 If you are a consumer resident in a jurisdiction whose law affords you mandatory protections that cannot be derogated from by agreement, nothing in this Section deprives you of those protections or of the right to bring proceedings in the courts of your residence.
20.1 Apple. If you obtained the Battery application from the Apple App Store, the following applies. This agreement is between you and The Battery only, and not with Apple; The Battery, not Apple, is solely responsible for the application and its content. Apple has no obligation to furnish any maintenance or support. In the event of any failure of the application to conform to any applicable warranty, you may notify Apple and Apple will refund the purchase price, if any; to the maximum extent permitted by law, Apple has no other warranty obligation whatsoever. Apple is not responsible for addressing any claim by you or a third party relating to the application, including product liability claims, claims of failure to conform to legal or regulatory requirements, and claims arising under consumer protection or similar legislation. Apple is not responsible for the investigation, defence, settlement or discharge of any third-party claim that the application infringes intellectual property rights. You represent that you are not located in a country subject to a US Government embargo or designated as terrorist-supporting, and that you are not listed on any US Government list of prohibited or restricted parties. You must comply with any applicable third-party terms of agreement. Apple and its subsidiaries are third-party beneficiaries of these Terms and, on your acceptance, will have the right to enforce them against you.
20.2 Google. If you obtained the application from Google Play, your use is also subject to the Google Play Terms of Service, and Google is not a party to these Terms and has no responsibility for the application.
21.1 You must comply with all applicable export control and sanctions laws, and you must not use or export the Service in violation of them.
21.2 The Service is "commercial computer software" and "commercial computer software documentation" within the meaning of 48 C.F.R. § 2.101. Any use by or on behalf of the US Government is governed solely by these Terms.
22.1 We may give notice to you by email to the address on your Account, by posting within the Service, or by posting on this website. Notice is effective when sent or posted. It is your responsibility to keep your email address current.
22.2 You must give notice to us in writing at support@lineupiq.app Notice is effective on receipt.
23.1 Entire agreement. These Terms and the Privacy Policy are the entire agreement between you and us concerning the Service and supersede all prior understandings on that subject.
23.2 Severability. If any provision is held unenforceable, it will be modified to the minimum extent necessary to make it enforceable, or severed if it cannot be, and the remainder will continue in full force.
23.3 No waiver. Our failure to enforce any provision is not a waiver of it, and no waiver is effective unless in writing.
23.4 Assignment. You may not assign or transfer these Terms or any right under them without our prior written consent, and any attempt to do so is void. We may assign them without restriction, including in connection with a merger, acquisition or sale of assets.
23.5 Force majeure. Neither party is liable for any failure or delay caused by circumstances beyond its reasonable control.
23.6 Relationship. Nothing in these Terms creates any partnership, joint venture, agency, franchise or employment relationship.
23.7 No third-party beneficiaries, except as expressly stated at Section 20.1.
23.8 Interpretation. Headings are for convenience only. "Including" means "including without limitation". These Terms will not be construed against the drafter.
23.9 Language. These Terms are drawn up in English, and the English version governs.
24.1 We may amend these Terms from time to time. When we do, we will revise the effective date at the head of this page.
24.2 Where an amendment is material, we will give notice within the Service before it takes effect.
24.3 Your continued use of the Service after an amendment takes effect constitutes acceptance. If you do not accept an amendment, you must stop using the Service and may delete your Account.