Terms of Service

1. Agreement to These Terms

These Terms of Service (“Terms”) are a binding agreement between you and Ken Rissew (“we,” “us,” or “our”) governing your access to and use of VolleyPad, including the VolleyPad mobile application, the VolleyPad website at volleypad.com (including the web editor and any read-only shared-report pages), and any related software, features, and services (together, the “Service”).

By creating an account, downloading or using the app, accessing the website, viewing a shared link, or otherwise using the Service, you agree to these Terms. If you do not agree, do not use the Service.

We may update these Terms from time to time. If we make material changes, we will take reasonable steps to notify you, such as posting a notice in the Service or updating the effective date above. Your continued use of the Service after changes take effect means you accept the revised Terms.

2. Eligibility and Age Requirements

The Service is intended for users in the United States who are at least 13 years old. When you create an account, you confirm that you are 13 years of age or older.

The Service is not directed to children under 13, and we do not knowingly allow children under 13 to create accounts or use the Service. If you are under 18, you represent that your parent or legal guardian has reviewed and agreed to these Terms on your behalf, and that they consent to your use of the Service.

If we learn that we have collected personal information from a child under 13, we will delete that information and terminate the associated account. If you believe a child under 13 has provided us information, contact us at contact@volleypad.com.

3. Accounts and Organizations

3.1 Your Account

To use most features of the Service, you must create an account and provide accurate, current information. You are responsible for keeping your login credentials confidential and for all activity that occurs under your account. Notify us promptly at contact@volleypad.com if you suspect unauthorized use of your account.

3.2 Organizations and Member Roles

The Service allows an organization to invite members and assign them roles with different permission levels (for example, administrators who manage teams, scouting reports, and organization settings, and members with more limited access). If you are invited to an organization, the organization’s administrators may be able to view, manage, or remove your account and associated content within that organization. Administrators are responsible for managing their members’ access appropriately, and the organization is responsible for its members’ use of the Service.

3.3 Acceptable Use of Member Data

If you add information about other people to the Service — including team members, players, or scouting subjects — you represent and warrant that you have all rights, permissions, and consents necessary to do so and to use that information for the purposes of the Service. You are solely responsible for handling such information lawfully, including providing any notices and obtaining any consents required by applicable law.

4. Subscriptions, Billing, and Renewals

Some features of the Service are offered on a paid subscription basis. Subscriptions are sold and processed by VolleyPad through our payment processor, Stripe, whether you access the Service through the iOS app or the website (volleypad.com), and your purchase is also subject to Stripe’s applicable terms:

• In the iOS app: when you choose a plan, you are taken to volleypad.com in your browser to complete the purchase. The purchase is made directly with VolleyPad (processed by Stripe) and is not an Apple In-App Purchase; Apple is not the seller and is not responsible for the purchase or for providing support or refunds for it.
• On the website (volleypad.com): purchases are processed by Stripe. You authorize us and Stripe to charge your payment method on a recurring basis until you cancel; you can manage or cancel through the billing settings in the Service or the customer portal we provide.

Except where required by law, payments are non-refundable, and we do not provide refunds or credits for partial subscription periods, for downgrades, or for periods during which you did not use the Service. We may change subscription pricing, plans, or feature availability; any price change will apply only to future billing periods and, where required, with advance notice.

5. Plan Limits, Fair Use, and Anti-Circumvention

Each subscription is licensed to a single organization and entitles you only to the number of teams, report creators, scouting reports, members, and other resources included in the specific plan you purchase. You agree to purchase and maintain the plan that matches your actual use.

You agree that you will not, and will not permit anyone else to:

• Share an account, login, or paid seat among multiple people; each account is for one individual, and each paid seat or creator license is for one person;
• Use the Service for more teams, organizations, members, or reports than your plan includes, or otherwise exceed the limits of your plan;
• Use multiple accounts, organizations, or free trials, or any other method, to split usage, evade plan limits, or avoid paying for the correct plan or tier;
• Misrepresent your organization, its size, or its category (for example, club, school, or college), or your eligibility, in order to obtain a lower price or a plan that does not match your use;
• Repeatedly create accounts or organizations to obtain additional free trials, or create a new account or organization to evade a suspension, termination, or unpaid balance;
• Initiate a chargeback or payment dispute for charges you actually owe (contact us first to resolve any billing concern).

We may monitor and review usage to confirm compliance with your plan and these Terms. If we reasonably believe that you have exceeded your plan, shared accounts or seats, misrepresented your use, or otherwise attempted to circumvent payment for the correct plan, we may, at our discretion, without liability, and in addition to any other remedy: (a) require you to upgrade to and pay for the correct plan; (b) charge you the difference between the fees you paid and the fees that applied to your actual use, including for past periods; (c) limit, suspend, deactivate, or terminate your account, your organization, or any affected access; and (d) retain fees already paid. These remedies are in addition to our rights under the Acceptable Use and Termination sections.

6. Acceptable Use

You agree not to, and not to permit anyone else to:

• Use the Service for any unlawful purpose or in violation of these Terms;
• Share your account or a paid seat, or exceed or circumvent the limits of your subscription plan (see the Plan Limits, Fair Use, and Anti-Circumvention section);
• Upload or share content that infringes the rights of others, or that you do not have permission to share;
• Attempt to access accounts, data, or organizations that you are not authorized to access;
• Interfere with, disrupt, overload, or attempt to gain unauthorized access to the Service or its systems;
• Reverse engineer, decompile, or attempt to extract the source code of the Service, except where this restriction is prohibited by law;
• Use the Service to harass, abuse, or harm another person;
• Use automated means to scrape, copy, or harvest data from the Service without our written permission;
• Resell, sublicense, or commercially exploit the Service without our written permission.

We may investigate, suspend, or terminate access for conduct that we reasonably believe violates these Terms or harms other users, us, or third parties, at our discretion and without liability to you.

7. Your Content

“Your Content” means the data and materials you submit to the Service, including team rosters, scouting reports, notes, and account details. You retain ownership of Your Content.

You grant us a limited license to host, store, copy, display, and process Your Content solely as needed to operate, maintain, secure, and improve the Service and to provide it to you and the organization members you authorize. You are responsible for the accuracy and legality of Your Content, and you are responsible for maintaining your own copies and backups of Your Content as described in the Your Responsibility to Back Up Data section.

8. Shared Links

The Service allows you to generate links that share scouting reports with others. If you create a shared link, anyone who has the link may be able to view the shared content, depending on the link’s settings. You are solely responsible for deciding with whom to share links and for revoking links you no longer wish to keep active. We are not responsible for how recipients use or further distribute content you choose to share.

9. Intellectual Property

The Service, including its software, design, and branding (but excluding Your Content), is owned by Ken Rissew and is protected by intellectual property laws. Subject to these Terms, you are granted a limited, non-exclusive, non-transferable, revocable license to use the Service for your own purposes. We reserve all rights not expressly granted. If you send us feedback or suggestions, you grant us a perpetual, royalty-free license to use them without obligation to you.

10. Your Responsibility to Back Up Data

You are responsible for maintaining your own independent copies and backups of Your Content. The Service is not a backup or archival service, and you should not rely on it as your only copy of important information.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE ARE NOT LIABLE FOR ANY LOSS, CORRUPTION, DELETION, OR INACCESSIBILITY OF YOUR CONTENT OR OTHER DATA, however caused, including as a result of outages, errors, maintenance, account or organization changes, deletions by you or your organization’s administrators, or acts of third parties.

11. Service Availability and Changes

We do not guarantee that the Service will be available, uninterrupted, timely, or error-free. The Service may be unavailable from time to time, including for maintenance, updates, or reasons outside our control, and may depend on third-party providers and on your own device and internet connection.

We may add, change, limit, suspend, or discontinue the Service or any feature, plan, or content at any time, with or without notice, and we may set or change limits on use or storage. To the maximum extent permitted by law, we will not be liable to you or anyone else for any modification, suspension, interruption, or discontinuation of the Service. Features labeled beta, preview, or experimental are provided “as is” and may be changed or removed at any time.

12. Security

We use reasonable technical and organizational measures designed to protect the Service and the information stored in it. However, no system is completely secure, and we do not and cannot guarantee that the Service or your information will be free from unauthorized access, interception, or other security incidents.

You are responsible for safeguarding your credentials and for the access you grant within your organization. To the maximum extent permitted by law, we are not liable for unauthorized access to, or acquisition, disclosure, alteration, or use of, data arising from causes beyond our reasonable control or from your or your organization’s acts or omissions. We will provide any breach notifications required by applicable law.

13. No Professional Advice; No Guaranteed Results

VolleyPad is a tool for recording and organizing volleyball scouting information. It does not provide professional, coaching, medical, or other advice, and we do not guarantee the accuracy, completeness, or usefulness of any information in the Service or any competitive, athletic, or other outcome. Any decisions you make based on the Service are your own responsibility.

14. Disclaimers

THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT 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 SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT DATA WILL NOT BE LOST, CORRUPTED, OR INTERCEPTED. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THESE EXCLUSIONS MAY NOT APPLY TO YOU.

15. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, KEN RISSEW WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF DATA, PROFITS, REVENUE, GOODWILL, OR BUSINESS, OR FOR ANY SERVICE INTERRUPTION OR SECURITY INCIDENT, ARISING FROM OR RELATED TO THE SERVICE OR THESE TERMS, WHETHER BASED IN CONTRACT, TORT, OR ANY OTHER THEORY, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, OUR TOTAL CUMULATIVE LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICE WILL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID US (IF ANY) FOR THE SERVICE IN THE TWELVE MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM, OR (B) FIFTY U.S. DOLLARS (US$50). THESE LIMITATIONS ARE AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN YOU AND US. SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS, SO SOME OF THESE LIMITATIONS MAY NOT APPLY TO YOU; NOTHING IN THESE TERMS LIMITS LIABILITY THAT CANNOT BE LIMITED UNDER APPLICABLE LAW.

16. Time Limit for Claims

To the extent permitted by law, any claim arising out of or relating to the Service or these Terms must be filed within one (1) year after the claim arose; otherwise, it is permanently barred.

17. Indemnification

You agree to indemnify, defend, and hold harmless Ken Rissew from and against any claims, damages, losses, liabilities, and expenses (including reasonable legal fees) arising from or related to your use of the Service, Your Content, information you add about other people, your violation of these Terms, or your violation of any law or the rights of any third party.

18. Dispute Resolution; Arbitration; Class-Action Waiver

PLEASE READ THIS SECTION CAREFULLY — IT AFFECTS YOUR LEGAL RIGHTS. First, we both agree to try to resolve any dispute informally by contacting contact@volleypad.com and allowing 30 days to resolve it.

If we cannot resolve a dispute informally, you and we agree that any dispute arising out of or relating to the Service or these Terms will be resolved by binding individual arbitration administered under the rules of a recognized arbitration provider, rather than in court, except that either party may bring an individual claim in small-claims court. To the maximum extent permitted by law, YOU AND WE WAIVE ANY RIGHT TO A JURY TRIAL AND ANY RIGHT TO PARTICIPATE IN A CLASS, COLLECTIVE, OR REPRESENTATIVE ACTION. Disputes will be handled on an individual basis only.

You may opt out of this arbitration and class-action-waiver section by emailing contact@volleypad.com within 30 days of first accepting these Terms; if you opt out, the Governing Law and Venue section applies to disputes between us. This section does not apply to the extent applicable law prohibits arbitration of a particular dispute.

19. Governing Law and Venue

These Terms are governed by the laws of the State of New York, USA, without regard to its conflict-of-laws rules. To the extent a dispute is not subject to arbitration, you agree that the state and federal courts located in New York will have exclusive jurisdiction, and you consent to personal jurisdiction and venue there, except where applicable law provides otherwise.

20. Termination

You may stop using the Service at any time and may delete your account. We may suspend or terminate your access at any time if you violate these Terms, if required by law, to protect the Service or other users, or if we discontinue the Service, with or without notice and without liability to you. Provisions that by their nature should survive — including content licenses already granted, intellectual property, plan-limit and anti-circumvention remedies, backup responsibility, disclaimers, limitation of liability, indemnification, dispute resolution, and governing law — survive termination.

21. Force Majeure

We are not liable for any delay or failure to perform resulting from causes beyond our reasonable control, including acts of God, natural disasters, outages or failures of internet, hosting, telecommunications, or other third-party providers, power failures, labor disputes, governmental actions, war, terrorism, or cyberattacks.

22. General

If any provision of these Terms is found unenforceable, that provision will be limited or removed to the minimum extent necessary, and the remaining provisions will stay in full force. Our failure to enforce any provision is not a waiver of it. You may not assign or transfer these Terms without our consent; we may assign them, including in connection with a merger, acquisition, or sale of assets. These Terms, together with the Privacy Policy and any channel terms (such as Apple’s), are the entire agreement between you and us regarding the Service and supersede any prior agreements. You consent to receive communications from us electronically, and notices we send to your account email are effective when sent. Section headings are for convenience only and do not affect interpretation.

23. Copyright Complaints

We respect intellectual property rights and expect users to do the same. If you believe content in the Service infringes your copyright, send a notice to contact@volleypad.com that includes: identification of the copyrighted work; identification of the allegedly infringing material and where it is located in the Service; your contact information; a statement that you have a good-faith belief the use is not authorized; a statement, under penalty of perjury, that your notice is accurate and you are the owner or authorized to act on the owner’s behalf; and your physical or electronic signature.

We may remove or disable access to material that is the subject of a valid notice, and we may suspend or terminate the accounts of users who repeatedly infringe.

24. Apple App Store Terms

This section applies because the app is distributed through the Apple App Store. You acknowledge that these Terms are between you and Ken Rissew only, not Apple, and that Apple is not responsible for the app or its content. Apple has no obligation to provide maintenance or support for the app. Apple is not responsible for any product warranties or for addressing any claims relating to the app. Apple and its subsidiaries are third-party beneficiaries of these Terms and may enforce them against you. You represent that you are not located in a country subject to a U.S. Government embargo and are not on any U.S. Government restricted-parties list.

25. Contact

Questions about these Terms can be sent to contact@volleypad.com.