PlayMaker Baseball Terms of Service and End User License Agreement (EULA)

Effective Date: 01/01/2024

Welcome to PlayMaker Baseball! This Terms of Service and End User License Agreement (“Agreement”) is a legal agreement between you (“User” or “you”) and PlayMaker Baseball (“Company,” “we,” or “us”) concerning your access to and use of our iOS application for scorekeeping sports (the “App”).

By downloading, installing, accessing, or using the App, you agree to be bound by the terms and conditions of this Agreement. If you do not agree to these terms, do not download, install, access, or use the App.

1. License Grant

Company grants you a revocable, non-exclusive, non-transferable, limited license to download, install, and use the App solely for your personal, non-commercial purposes strictly in accordance with the terms of this Agreement.

2. Eligibility

By using the App, you represent and warrant that you are at least 13 years of age. If you are under 18, you must have your parent or guardian’s permission to use the App and agree to its terms.

3. Account Registration

To use certain features of the App, you may be required to create an account. You agree to provide accurate, current, and complete information during the registration process and to update such information to keep it accurate, current, and complete. You are responsible for maintaining the confidentiality of your account login information and for all activities that occur under your account.

4. Use Restrictions

You agree not to, and you will not permit others to:

• License, sell, rent, lease, assign, distribute, transmit, host, outsource, disclose, or otherwise commercially exploit the App.

• Copy or use the App for any purpose other than as permitted under the above section ‘License Grant’.

• Modify, make derivative works of, disassemble, decrypt, reverse compile or reverse engineer any part of the App.

• Remove, alter, or obscure any proprietary notice (including any notice of copyright or trademark) of Company or its affiliates, partners, suppliers, or the licensors of the App.

5. Intellectual Property

The App and all rights, including without limitation, title and intellectual property rights therein, are the property of Company or the licensors of Company. The App is licensed, not sold. This Agreement does not grant you any rights to trademarks or service marks of Company.

6. Privacy

Your use of the App is also governed by our Privacy Policy, which can be found at [Privacy Policy URL]. By using the App, you consent to the practices described in the Privacy Policy.

7. Updates

Company may, from time to time, provide updates, enhancements, or improvements to the App, which may include patches, bug fixes, updates, upgrades, and other modifications (“Updates”). Updates may modify or delete certain features and/or functionalities of the App. You agree that Company has no obligation to (i) provide any Updates, or (ii) continue to provide or enable any particular features and/or functionalities of the App to you. You further agree that all Updates will be deemed to constitute an integral part of the App, and subject to the terms and conditions of this Agreement.

8. Third-Party Services

The App may display, include, or make available third-party content (including data, information, applications, and other products, services) or provide links to third-party websites or services (“Third-Party Services”). You acknowledge and agree that Company shall not be responsible for any Third-Party Services, including their accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality, or any other aspect thereof. Company does not assume and shall not have any liability or responsibility to you or any other person or entity for any Third-Party Services.

9. Term and Termination

This Agreement is effective until terminated by you or Company. Company may, in its sole discretion, at any time and for any or no reason, suspend or terminate this Agreement with or without prior notice. This Agreement will terminate immediately, without prior notice from Company, in the event that you fail to comply with any provision of this Agreement. Upon termination of this Agreement, you shall cease all use of the App and delete all copies of the App from your mobile device or from your desktop.

10. Indemnification

You agree to indemnify and hold Company and its parents, subsidiaries, affiliates, officers, employees, agents, partners, and licensors (if any) harmless from any claim or demand, including reasonable attorneys’ fees, due to or arising out of your: (a) use of the App; (b) violation of this Agreement or any law or regulation; or (c) violation of any right of a third party.

11. No Warranties

The App is provided to you “AS IS” and “AS AVAILABLE” and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, Company, on its own behalf and on behalf of its affiliates and its and their respective licensors and service providers, expressly