Effective Date: [Insert Date]
Entity: Prism Sports Journal (“Prism,” “we,” “us”) is a doing-business-as (DBA) of Ground Up Development Baseball LLC (“GUD Baseball”). All rights and obligations under this EULA are those of GUD Baseball and its affiliates.
Table of Contents
1. Acceptance; Definitions
This End User License Agreement (the “EULA”) is a legal agreement between you (“you” or the “End‑User”) and Ground Up Development Baseball LLC, doing business as Prism Sports Journal, governing your access to and use of Prism’s mobile application, websites, and related services (collectively, the “Services”). By installing, accessing, or using the Services, you agree to be bound by this EULA. If you do not agree, do not install or use the Services.
“App” or “Application” means the Prism Sports Journal software provided by Prisma/GUD Baseball for installation on supported devices; “Content” means text, images, audio, video, data, logs, metrics, and any other material accessible through the Services; “Device” means a smartphone, tablet, or computer owned or controlled by you.
2. Eligibility; Accounts; Parental/Guardian Consent
You must be at least 13 years old to use the Services. If you are between 13 and the age of majority in your jurisdiction, you represent that your parent or legal guardian has reviewed and agreed to this EULA and the Privacy Policy on your behalf and is responsible for your use. Accounts are personal and non‑transferable. You are responsible for maintaining the confidentiality of your login credentials and for all activities under your account.
3. License Grant; Scope; Restrictions
Subject to your continuous compliance with this EULA, Prism grants you a limited, revocable, non‑exclusive, non‑transferable, non‑sublicensable license to download, install, and use one copy of the App on a device that you own or control, solely for your personal, non‑commercial use and strictly in accordance with this EULA and all applicable Usage Rules provided by the platform from which you obtained the App.
Restrictions: You may not (a) copy, modify, adapt, translate, create derivative works of, or distribute the App; (b) reverse engineer, decompile, decrypt, disassemble, or otherwise attempt to derive the source code (except to the extent such restriction is prohibited by law); (c) rent, lease, lend, sell, sublicense, assign, publish, or transfer the App or any license rights; (d) remove or obscure proprietary notices; (e) use any data mining, scraping, robots, or similar data gathering or extraction methods; (f) access or use the Services for competitive analysis or to build a competing product.
4. Prohibited Conduct
You agree not to misuse the Services, including by: (a) violating any law or third‑party rights; (b) uploading unlawful, harmful, defamatory, or infringing content; (c) interfering with or disrupting the Services or servers; (d) circumventing security or access controls; (e) attempting to gain unauthorized access to accounts; (f) using the Services to advertise or solicit without our prior written consent.
5. User Content; License to Prism; Monitoring
You may submit content (including logs, journals, performance metrics, survey responses, videos, and comments) to the Services (“User Content”). You retain ownership of your User Content. Solely for operating, improving, and providing the Services to you, you grant Prism a worldwide, non‑exclusive, royalty‑free, transferable license to host, store, reproduce, process, and display your User Content. We do not publicly display User Content to other users without your explicit action or consent. We may remove or disable access to any content that we reasonably believe violates this EULA or law. We are not obligated to monitor User Content but may do so to operate the Services and comply with legal obligations.
6. Health & Safety; No Medical Advice; Assumption of Risk
Prism provides educational and informational tools designed to help athletes track training and development. PRISM DOES NOT PROVIDE MEDICAL ADVICE AND IS NOT A MEDICAL DEVICE. The Services are not a substitute for professional medical evaluation, diagnosis, or treatment. Always consult a qualified healthcare professional before starting or modifying any training or exercise program. By using the Services, you acknowledge and assume all inherent risks associated with athletic training and agree that your participation is voluntary and at your own risk.
7. Subscriptions, Auto‑Renewals, Trials, Billing & Refunds
Some features may require a paid subscription or one‑time purchase. Prices, billing cycles, and features are disclosed at the point of purchase. Where a subscription is offered, it will automatically renew at the then‑current rate unless canceled before the renewal date. You authorize us (or the platform, e.g., Apple App Store) to charge the applicable fees and taxes to your payment method.
Automatic Renewal Disclosures and Consent: We present clear and conspicuous renewal terms, obtain your affirmative consent before charging, send a post‑purchase acknowledgment with key terms and cancellation instructions, and provide easy‑to‑use, immediate cancellation methods (including through your platform account settings). Platform‑Managed Subscriptions: If you purchased through a platform (e.g., Apple), you must cancel via that platform’s subscription settings. We cannot cancel or refund platform‑managed subscriptions on your behalf. Promotions/Trials: If offered, trials convert to paid subscriptions unless canceled before the trial ends. Eligibility and duration are disclosed at sign‑up.
Refunds: Refund eligibility, if any, is disclosed at purchase. Platform‑managed purchases may be subject to the platform’s refund policies; direct purchases are subject to our posted Refund Policy.
8. Third‑Party Services & Links
The Services may interoperate with or link to third‑party services. We are not responsible for third‑party content, terms, or practices. Your use of third‑party services is at your own risk and subject to those third parties’ terms and privacy policies.
9. Privacy; Aggregated/De‑Identified Data
Your use of the Services is governed by our Privacy Policy. We do not sell personal data. We may use aggregated and de‑identified data to operate, analyze, and improve the Services and to generate insights that do not identify any individual.
10. Ownership & Intellectual Property; Feedback
The Services, App, and all related intellectual property are and remain the exclusive property of GUD Baseball and its licensors. No rights are granted except as expressly set forth herein. You may submit feedback or suggestions; you grant Prism a perpetual, irrevocable, worldwide, royalty‑free license to use such feedback without restriction.
11. Open‑Source Components
The App may include open‑source components subject to their own licenses. To the extent required, those licenses will govern your use of the relevant components.
12. Platform‑Specific Terms — Apple iOS (Required)
Acknowledgement: This EULA is between you and GUD Baseball only, not Apple. Prism, not Apple, is solely responsible for the App and the content thereof. Scope of License: Your license is limited as stated in Section 3 and subject to the Usage Rules set forth in the Apple Media Services Terms and Conditions. Maintenance and Support: Prism is solely responsible for providing maintenance and support for the App. Apple has no obligation to furnish maintenance or support. Warranty: To the maximum extent permitted by law, Apple has no warranty obligation with respect to the App. Any claims, losses, liabilities, damages, costs, or expenses attributable to any failure to conform to any warranty are Prism’s sole responsibility. Product Claims: Prism is responsible for addressing any claims by you or a third party relating to the App or your possession and/or use of the App, including product liability, legal or regulatory non‑conformity, and consumer protection or privacy claims. Intellectual Property Rights: In the event of a third‑party claim that the App or your possession and use of it infringes intellectual property rights, Prism is solely responsible for the investigation, defense, settlement, and discharge of any such claim. Legal Compliance: You represent and warrant that (i) you are not in a country subject to a U.S. Government embargo or designated as “terrorist supporting” and (ii) you are not on any U.S. Government list of prohibited or restricted parties. Developer Name & Address: Ground Up Development Baseball LLC (DBA Prism Sports Journal), [Insert Address], [Insert Email]. Third‑Party Terms: You must comply with applicable third‑party terms when using the App. Third‑Party Beneficiary: Apple and Apple’s subsidiaries are third‑party beneficiaries of this EULA, and upon your acceptance of this EULA, Apple will have the right (and be deemed to have accepted the right) to enforce this EULA against you as a third‑party beneficiary.
13. Export Controls & Sanctions
You may not use, export, or re‑export the App except as authorized by U.S. law and the laws of the jurisdiction where the App was obtained. You represent that you are not located in a prohibited jurisdiction and are not a prohibited party under applicable sanctions laws.
14. Beta/Pre‑Release Features
We may offer beta or experimental features. Such features are provided “AS IS,” may be modified or discontinued at any time, and may be subject to additional terms.
15. Disclaimers of Warranties
TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITH ALL FAULTS AND WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON‑INFRINGEMENT, AND THAT THE SERVICES WILL BE ERROR‑FREE OR UNINTERRUPTED. Some jurisdictions do not allow the exclusion of certain warranties, so some exclusions may not apply to you.
16. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL PRISM/GUD BASEBALL OR ITS LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES; LOSS OF PROFITS, REVENUE, DATA, GOODWILL; OR BUSINESS INTERRUPTION, ARISING OUT OF OR IN CONNECTION WITH THE SERVICES OR THIS EULA, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR TOTAL LIABILITY FOR ANY CLAIM ARISING OUT OF OR RELATING TO THE SERVICES OR THIS EULA SHALL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID (IF ANY) FOR THE SERVICES IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO LIABILITY, OR (B) ONE HUNDRED U.S. DOLLARS (US$100). Some jurisdictions do not allow limitations of liability for personal injury or certain damages, so some limitations may not apply to you.
17. Indemnification
You agree to defend, indemnify, and hold harmless Prism/GUD Baseball and its affiliates, officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses (including reasonable attorneys’ fees) arising from or related to: (a) your use of the Services; (b) your violation of this EULA; or (c) your violation of any law or third‑party right.
18. Governing Law; Arbitration; Class Action Waiver
Governing Law: This EULA is governed by the laws of the State of Illinois and the United States, without regard to conflict‑of‑law principles, except that the Federal Arbitration Act (“FAA”) governs the interpretation and enforcement of the arbitration agreement below.
Arbitration: Any dispute, claim, or controversy arising out of or relating to the Services or this EULA will be resolved by binding arbitration before a single arbitrator administered by JAMS under its Streamlined Rules. The arbitration will take place in Chicago, Illinois, unless we mutually agree otherwise or you elect telephonic or video appearance where available. Class/Representative Actions Waiver: YOU AND PRISM AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Opt‑Out: You may opt out of arbitration within 30 days of first accepting this EULA by emailing [Insert Contact Email] with subject line: “Arbitration Opt‑Out,” and your name and the email associated with your account. Small Claims: Either party may bring an individual action in small claims court.
19. Termination & Suspension
We may suspend or terminate your access immediately if we reasonably believe you have violated this EULA or law, or to protect the Services, users, or third parties. You may terminate by uninstalling the App and ceasing use. Provisions that by their nature should survive termination will survive (including Sections 6, 10, 15–18, and 21).
20. Changes to the EULA
We may update this EULA. When we do, we will revise the Effective Date and may provide notice through the App or email. Your continued use after changes become effective constitutes acceptance of the revised EULA.
21. Miscellaneous (Severability; Assignment; Waiver; Force Majeure; Entire Agreement)
Severability: If any provision is held unenforceable, it shall be modified to the minimum extent necessary to make it enforceable; the remainder remains in effect. Assignment: You may not assign this EULA without our prior written consent. We may assign this EULA in connection with a merger, sale, or reorganization. Waiver: No waiver is effective unless in writing. Force Majeure: We are not liable for delays or failures due to events beyond our reasonable control. Entire Agreement: This EULA, together with the Privacy Policy and any supplemental terms expressly referenced herein, constitutes the entire agreement between you and us regarding the Services and supersedes prior or contemporaneous understandings on the subject.
22. Contact Information
Ground Up Development Baseball LLC (DBA Prism Sports Journal)
Email: prismsportsjournal@gmail.com