Terms of Service & End User License Agreement

 

Athletic Performance Insight LLC (“API”), a Columbus, Ohio-based provider of technology (a native app and website hereafter referred to as the “API system”) and services to help teams analyze sporting events using video stored on YouTube and/or analytics based on human-tagged events, and

The User, defined as a team coach, team manager, organizational administrator, board member, or any other person authorized to enter into an agreement on behalf of a team or organization as well as the board, administrators, team coaches, skills coaches, players, and families of players that will be utilizing the API system, that is at least eighteen (18) years of age. 

By accessing the API system and/or contracting for services provided by API, the User agrees to be bound by the terms and conditions of this agreement. If the User enters into this agreement on behalf of a team, organization, company or other legal entity, the User confirms they have the legal authority to bind the legal entity to this agreement, in which case “the User” shall mean such entity.

TERMS AND CONDITIONS OF USE

API technology and support provided to the User with a season subscription:

  • One (1) team may track event data (known as “tagging”) for an unlimited number of games using the API system starting on August 1st of the year the contract begins and ending on April 30th of the following year.

  • An unlimited number of coaches, managers, players, and anyone else, inside or outside of the organization and affiliated with the team, may access the API system.

  • Training and troubleshooting provided by API as needed.

API services available to the User include, but aren’t limited to (may require charges in addition to the season subscription):

  • API may provide tagging using the API system for a team in-person or using video (live or post-game). The cost per game, tracked events, level of detail, and turnaround time for API to review the game for quality assurance will be specified and agreed upon by API and the User in advance.

  • API may provide video support services including, but not limited to, live videography, acquisition of video from third-party providers, editing, processing, uploading, and/or linking completed video work into the API system. These services may be included as an element of a tagging agreement or as a standalone service.

  • API may provide customized analytics that can be derived from the tagged event data but not available as a standardized API report available on the website.

 

Content Ownership

All legally protected intellectual property of the User remains that of the User. All legally protected intellectual property of API remains that of API. Should either party desire to use the intellectual property of the other, the requesting party will negotiate with the intellectual property owner for such use.

System Performance

The API system depends on third party internet service providers and video hosting companies. Given these dependencies, maximum performance of the API system cannot always be guaranteed. Issues such as internet outages, web hosting service issues, corrupt video files, and changes in third-party offerings and system architecture can cause API system performance issues.

API pledges to provide our best effort to maximize system performance, work with third parties to ensure their availability and compatibility, as well as communicate any system performance issues with the User as quickly as possible.

API END-USER LICENSE RIGHTS

API grants the User a non-transferable, revocable license to use the API system. The User shall not rent, lease, publish, modify, copy, sublicense, reverse engineer, or adapt partly or wholly API’s system without API’s prior written consent.

All Intellectual Property rights, ownership rights, and title rights in relation to the software products and services of API are owned by API. These products and services are under the protection of national and international laws, copyright treaties, and conventions among other enabling laws.

Warranty Disclaimer and Limited Liability

API shall not be liable for any damages arising from the use, possession or malfunction of its services and software. To the applicable law’s fullest extent, the liability of API for any damages shall not go beyond the subscription or amount paid by the User.

‍Refund Policy‍

API offers a refund policy based on the schedule below for the unused portion of a season subscription with a written request to erik@athleticperformanceinsight.com:

·         75% for any request received with 0-4 games tagged

·         50% for any request received with 5-8 games tagged

·         25% for any request received with 9-12 games tagged

API does not offer refunds for services that are in progress or have been completed per the terms agreed upon in advance by API and the User.