Terms of Use

1. About Track-A-Hit

Track-A-Hit is a baseball hitting tracking and analytics platform designed to help users record and review individual offensive performance during games, practices, training sessions, and other baseball activities.

Depending on your account, subscription, platform, and available features, Track-A-Hit may allow you to:

• Create and manage player profiles
• Record at-bats
• Track hits and offensive results
• Record pitch sequences
• Record pitch locations
• Record contact and spray locations
• Review game and practice history
• Review hitting statistics and analytics
• View game logs
• View spray charts and other visualizations
• Access premium tracking and analytics functionality
• Use other baseball-related features we may introduce

Features may vary by platform, subscription level, application version, or geographic location.

2. Eligibility and Accounts

You must be legally capable of entering into these Terms to create and independently manage a Track-A-Hit account.

If you are using Track-A-Hit on behalf of an organization, team, business, or other entity, you represent that you have authority to accept these Terms on its behalf.

You agree to provide accurate account information and keep that information reasonably current.

You are responsible for maintaining the confidentiality and security of your account credentials and for activity occurring through your account.

You must notify us if you believe your account has been accessed without authorization.

We may refuse registration, suspend accounts, or terminate accounts when reasonably necessary to protect Track-A-Hit, our users, or the Services.

3. Youth Players and Minors

Track-A-Hit may be used by parents, guardians, coaches, and other authorized individuals to record baseball performance information relating to youth players.

If you create a profile for a minor or submit information concerning a minor, you represent that you are authorized to provide and manage that information.

Track-A-Hit should not be used to enter unnecessary sensitive personal information about a minor.

Children under 13 may not independently create or manage a Track-A-Hit account unless Track-A-Hit expressly provides an experience designed and authorized for such use in compliance with applicable law.

Parents or legal guardians who believe information concerning a child has been submitted without appropriate authorization should contact us.

Our collection and handling of personal information is further described in our Privacy Policy.

4. License to Use Track-A-Hit

Subject to these Terms, Track-A-Hit grants you a limited, personal, non-exclusive, non-transferable, non-sublicensable, and revocable license to access and use the Services for their intended purposes.

This license does not transfer ownership of Track-A-Hit or any portion of the Services to you.

You may not use the Services in a manner that violates these Terms or applicable law.

5. Acceptable Use

You agree not to:

• Use Track-A-Hit for unlawful purposes
• Attempt to gain unauthorized access to another user's account
• Access systems, databases, or portions of the Services you are not authorized to access
• Circumvent authentication, subscription, payment, security, or access controls
• Interfere with or disrupt the operation of the Services
• Introduce viruses, malicious code, or harmful software
• Use automated systems to scrape, extract, or collect information from Track-A-Hit without authorization
• Reverse engineer, decompile, or attempt to derive source code except where such restrictions are prohibited by law
• Copy, reproduce, distribute, sell, sublicense, or commercially exploit Track-A-Hit except as expressly authorized
• Impersonate another person or misrepresent your identity
• Use Track-A-Hit to harass, abuse, threaten, or harm another person
• Upload or submit information you do not have the right to provide
• Attempt to manipulate or compromise Track-A-Hit's analytics, statistics, subscriptions, or other systems

We may investigate suspected violations and take reasonable action, including restricting or terminating access.

6. User-Provided Information

You may submit information to Track-A-Hit, including player information, opponent information, game information, practice information, hitting results, pitch information, locations, statistics, and other baseball performance data ("User Data").

You retain your rights in User Data.

You grant Track-A-Hit a limited, non-exclusive license to host, store, process, reproduce, display, and otherwise use User Data as reasonably necessary to operate, maintain, secure, support, and improve the Services.

You represent that you have the necessary rights and permissions to submit User Data to Track-A-Hit.

You are responsible for the accuracy of information you enter.

7. Statistics and Analytics

Track-A-Hit calculates statistics, analytics, charts, and other information based on data entered by users and the functionality of the Services.

These results are provided for informational, recreational, training, and performance-analysis purposes.

Track-A-Hit does not guarantee that statistics, calculations, visualizations, classifications, or analytics will always be accurate, complete, or error-free.

Users should verify important statistics before relying on them for official scoring, recruiting, eligibility, contractual, medical, financial, or other significant decisions.

Track-A-Hit is not an official scoring authority unless expressly stated otherwise.

8. Free and Paid Services

Track-A-Hit may offer free functionality as well as paid subscriptions, premium plans, purchases, or other paid features.

The features included with each plan may be described within the application, on our website, or through the applicable app store.

We may modify the features included in a plan as the Services evolve. Material changes affecting paid subscriptions will be handled in accordance with applicable law and platform requirements.

Prices may vary based on platform, location, taxes, promotions, or other factors.

9. Subscriptions and Automatic Renewal

Certain Track-A-Hit features may require a recurring subscription.

Unless otherwise stated at the time of purchase, recurring subscriptions automatically renew until canceled.

The applicable subscription price and billing period will be displayed before purchase.

You authorize the applicable payment provider or app-store platform to charge the applicable subscription fees and taxes according to the subscription terms presented when you purchase.

You are responsible for canceling a subscription before its next renewal if you do not want it to renew.

Deleting the Track-A-Hit application from your device does not automatically cancel a subscription.

10. Apple App Store and Google Play Purchases

Subscriptions and purchases made through the Apple App Store or Google Play are processed and managed by the applicable platform.

Your purchase may also be subject to the platform's terms and conditions.

For purchases made through an app store:

• Billing is handled by the applicable app store
• Subscription management is handled through your applicable store account
• Cancellation must generally be completed through that platform
• Refund requests are generally subject to the platform's refund policies

Track-A-Hit does not control Apple or Google's billing systems or refund decisions.

11. Website Purchases

If Track-A-Hit offers subscriptions or other purchases directly through our website, additional payment terms may be displayed during checkout.

Website payments may be processed by a third-party payment provider.

You agree to provide accurate payment and billing information when making a purchase.

12. Free Trials and Promotions

Track-A-Hit may offer free trials, discounts, promotional pricing, or other special offers.

Eligibility and duration may vary.

Unless otherwise stated, a free trial associated with a recurring subscription may automatically convert to a paid subscription at the end of the trial period unless canceled before the trial ends.

The applicable terms will be presented when the offer is made.

We may limit promotions to eligible users and may discontinue promotional offers at any time, subject to applicable law.

13. Cancellations

You may cancel a recurring subscription at any time using the subscription-management process associated with the platform through which you purchased it.

Cancellation generally prevents the next renewal and does not immediately terminate access to paid functionality.

Unless otherwise required by law or stated at purchase, you may continue using paid features until the end of your current paid billing period.

14. Refunds

Except where required by applicable law, payments are generally non-refundable once processed.

Purchases made through Apple or Google are subject to the applicable platform's refund policies.

If you purchased directly from Track-A-Hit, any applicable refund terms provided during checkout will govern the transaction.

Nothing in these Terms limits any non-waivable consumer rights provided by applicable law.

15. Advertising

Certain versions or plans of Track-A-Hit may contain advertising.

Paid plans may provide reduced advertising or an advertising-free experience where indicated.

Advertising availability, placement, and functionality may change as Track-A-Hit evolves.

Information regarding advertising-related data practices is described in our Privacy Policy.

16. Account Deletion

You may request deletion of your Track-A-Hit account.

Where available, account deletion may be initiated through the application's profile or account settings.

You may also contact Track-A-Hit through the contact methods published on our website.

Deleting an account may permanently remove player profiles, tracking history, statistics, and other information associated with the account.

You should preserve any information you wish to retain before requesting deletion.

Account deletion and subscription cancellation are separate processes.

Deleting your Track-A-Hit account does not necessarily cancel an active Apple App Store or Google Play subscription.

You are responsible for canceling applicable subscriptions through the platform where they were purchased.

Certain information may be retained where reasonably necessary or permitted for legal compliance, security, fraud prevention, dispute resolution, or other legitimate purposes as described in our Privacy Policy.

17. Service Availability

We work to provide reliable access to Track-A-Hit, but we do not guarantee uninterrupted availability.

The Services may occasionally be unavailable because of:

• Maintenance
• Software updates
• Infrastructure failures
• Internet or network problems
• Third-party service outages
• App-store issues
• Security incidents
• Events outside our reasonable control

We may modify, update, suspend, discontinue, or replace portions of the Services as the product evolves.

18. Changes to Features

Track-A-Hit is an evolving product.

We may add, modify, redesign, replace, or remove functionality over time.

This may include changes to:

• Tracking functionality
• Statistics
• Analytics
• User interfaces
• Subscription plans
• Premium functionality
• Integrations
• Supported devices
• Technical requirements

Where required by applicable law, we will provide appropriate notice of material changes affecting paid services.

19. Software Updates

Track-A-Hit may periodically release updates to improve functionality, security, compatibility, or performance.

Certain updates may be required to continue using the Services.

Older versions of the application may eventually become unsupported.

You are responsible for maintaining a compatible device, operating system, browser, and internet connection.

20. Intellectual Property

Track-A-Hit and its associated software, designs, interfaces, graphics, logos, trademarks, branding, databases, documentation, and other proprietary materials are owned by Track-A-Hit or its licensors and are protected by applicable intellectual property laws.

Except for the limited license expressly granted under these Terms, no rights are granted to you in Track-A-Hit's intellectual property.

The Track-A-Hit name, logos, branding, and related marks may not be used without authorization.

21. Feedback

We welcome ideas and feedback about Track-A-Hit.

If you voluntarily provide suggestions, ideas, recommendations, feature requests, or other feedback, you grant Track-A-Hit permission to use that feedback without restriction or compensation to you.

This provision does not transfer ownership of your User Data to Track-A-Hit.

22. Third-Party Services

Track-A-Hit may depend upon or integrate with third-party services, including authentication providers, analytics providers, cloud infrastructure, app stores, email providers, and payment services.

Third-party services are governed by their respective terms and privacy policies.

Track-A-Hit is not responsible for third-party services that are outside our reasonable control.

23. Privacy

Your privacy is important to us.

Our collection, use, storage, and disclosure of personal information is described in the Track-A-Hit Privacy Policy.

The Privacy Policy is incorporated into these Terms by reference.

24. No Professional Advice

Track-A-Hit provides baseball tracking, statistical, and analytical tools.

Information generated by Track-A-Hit does not constitute medical, health, legal, financial, recruiting, scouting, or other professional advice.

You remain responsible for decisions made based on information recorded or displayed through the Services.

25. Disclaimer of Warranties

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, TRACK-A-HIT AND THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE."

TRACK-A-HIT DISCLAIMS WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

WE DO NOT WARRANT THAT:

• The Services will always be available
• The Services will be error-free
• All statistics or analytics will be accurate
• Information will never be lost
• Every device will be compatible with Track-A-Hit
• The Services will meet every user's particular requirements

Some jurisdictions do not allow certain warranty exclusions, so some of these exclusions may not apply to you.

26. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, TRACK-A-HIT AND ITS OWNERS, AFFILIATES, OFFICERS, EMPLOYEES, CONTRACTORS, AND SERVICE PROVIDERS WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES ARISING FROM OR RELATING TO YOUR USE OF THE SERVICES.

THIS INCLUDES, WHERE PERMITTED BY LAW, LOSS OF DATA, LOSS OF PROFITS, LOSS OF OPPORTUNITY, BUSINESS INTERRUPTION, OR RELIANCE ON STATISTICS OR ANALYTICS PROVIDED THROUGH TRACK-A-HIT.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, TRACK-A-HIT'S TOTAL LIABILITY ARISING FROM OR RELATING TO THE SERVICES WILL NOT EXCEED THE GREATER OF:

• 1. The amount you paid directly to Track-A-Hit for the Services during the twelve months immediately preceding the event giving rise to the claim; or
• 2. $100 USD.

Some jurisdictions do not permit certain limitations of liability, so these limitations may not apply to you.

27. Indemnification

To the extent permitted by applicable law, you agree to defend, indemnify, and hold harmless Track-A-Hit and its owners, affiliates, officers, employees, contractors, and service providers from claims, damages, liabilities, losses, and reasonable expenses arising from:

• Your misuse of the Services
• Your violation of these Terms
• Your violation of applicable law
• User Data you submit without appropriate authorization
• Your infringement of another person's rights

28. Suspension and Termination

We may suspend or terminate access to Track-A-Hit when reasonably necessary because of:

• Material violations of these Terms
• Fraudulent activity
• Unauthorized access
• Security threats
• Abuse of the Services
• Nonpayment of applicable fees
• Legal or regulatory requirements

You may stop using Track-A-Hit at any time.

Termination does not eliminate obligations that by their nature should survive termination, including provisions relating to intellectual property, disclaimers, limitations of liability, and dispute resolution.

29. Governing Law

These Terms are governed by the laws of the State of Texas, without regard to its conflict-of-law principles, except where applicable consumer law requires otherwise.

30. Dispute Resolution and Venue

Before filing a legal claim, you and Track-A-Hit agree to make a reasonable good-faith effort to resolve the dispute informally.

You may initiate informal resolution by contacting Track-A-Hit using the contact information provided below.

Unless applicable law requires otherwise, any legal proceeding that is not resolved informally will be brought in a court of competent jurisdiction located in the State of Texas.

Nothing in these Terms prevents either party from seeking appropriate relief in small claims court where eligible or seeking emergency relief where necessary to protect intellectual property, confidential information, security, or legal rights.

31. Changes to These Terms

We may update these Terms periodically as Track-A-Hit evolves or as legal requirements change.

When changes are made, we will update the Last Updated date at the beginning of these Terms.

If a change is material, we may provide additional notice through the Services, our website, email, or another appropriate method.

Your continued use of the Services after updated Terms become effective constitutes acceptance of the updated Terms to the extent permitted by applicable law.

32. Severability

If any provision of these Terms is determined to be invalid or unenforceable, the remaining provisions will remain in effect.

The invalid or unenforceable provision will be interpreted or modified to the minimum extent necessary to make it enforceable where permitted by law.

33. No Waiver

Failure by Track-A-Hit to enforce a provision of these Terms does not waive our right to enforce that provision later.

34. Entire Agreement

These Terms, together with the Track-A-Hit Privacy Policy and any additional terms presented when purchasing or using a particular feature, constitute the agreement between you and Track-A-Hit regarding the Services.

35. Contact Us

Questions regarding these Terms may be submitted through the Track-A-Hit website:

• Track-A-Hit
• Website: www.trackahitapp.com

Additional legal or support contact information may be published on the Track-A-Hit website as it becomes available.