Terms of Service

1. Description of Service

The Service provides AI-generated voiceovers, player introductions, and related audio content for use in connection with youth baseball and softball activities, including optional integration with third-party music services such as Apple Music. The Service is designed and intended exclusively for personal, non-commercial use by parents, coaches, and teams in connection with youth baseball and softball games, practices, and related team activities. Use of the Service for any other sport, activity, or purpose is outside the intended scope of the Service and is not supported.

2. Subscriptions, Payment, and Auto-Renewal

a. Subscription Basis. Access to paid features of the Service is provided on an auto-renewing subscription basis. The subscription term, price, and billing frequency will be disclosed at the time of purchase within the Apple App Store or the Service.

b. Auto-Renewal. Your subscription will automatically renew at the end of each subscription period at the then-current price, unless you cancel at least 24 hours before the end of the current period. Your Apple ID account will be charged for renewal within 24 hours prior to the end of the current period.

c. Managing and Canceling Your Subscription. You can manage your subscription and turn off auto-renewal at any time by going to your Apple ID account settings after purchase. Deleting the app does not cancel your subscription.

d. Free Tier. The Service offers a free tier that allows limited use, currently including one (1) team and up to four (4) players. The free tier does not require payment and does not automatically convert to a paid subscription. To access features beyond the free tier’s limits, you must purchase a subscription. Your User Content (including teams, rosters, and configurations) is retained regardless of whether you upgrade to a paid subscription, remain on the free tier, or allow a paid subscription to lapse, subject to Company’s data retention practices and Section 9. Company may modify the features and limits of the free tier at any time in its sole discretion.

e. Promotional Offers. From time to time, Company may offer promotional pricing, discounts, or other offers. Such offers are subject to their specific terms and may be modified or withdrawn at any time.

f. No Refunds. All fees are non-refundable except as expressly required by applicable law or Apple’s refund policies. Refund requests for App Store purchases must be directed to Apple.

g. Price Changes. We may change subscription prices at any time. Any price increase will take effect at the start of the next subscription period following notice, and your continued use of the Service after the change constitutes acceptance of the new price.

3. Fair Use and Generation Limits

a. Fair Use Policy. The Service is offered on a fair-use basis. All tiers of the Service, including paid subscriptions, are subject to reasonable usage limits designed to support normal personal, non-commercial use of the Service for one or more youth baseball or softball teams over the course of a typical season. No tier of the Service, including any paid subscription tier, provides unlimited AI voice generations.

b. AI Voice Generation Limits. Each tier of the Service is subject to internal generation limits and other usage thresholds set by Company in its sole discretion, which may include daily, monthly, annual, or per-subscription-period limits, and which may apply to preview generations, final generations, or both. Specific generation limits, thresholds, and the methodology used to enforce them are confidential to Company, are not guaranteed to be disclosed within the Service or otherwise, and may be adjusted, added, or removed at any time without notice. When you reach or exceed an applicable limit or threshold, AI voice generation and other affected features may be temporarily or permanently disabled, throttled, or otherwise restricted until the next applicable period, until your usage returns within acceptable parameters, or until additional capacity is granted by Company.

c. Adjustments to Limits. Company may adjust generation allowances, fair-use thresholds, and applicable periods at any time in its sole discretion to reflect changes in service costs, abuse patterns, or normal team usage. Where reasonably practicable, Company will provide notice of material reductions to allowances within the Service or by email.

d. Discretionary Capacity. Company may, in its sole discretion, grant additional generation capacity to individual users on request, including for legitimate season-long team use that exceeds standard allowances. Granting additional capacity in one instance does not entitle any user to additional capacity in the future.

e. Abuse and Out-of-Scope Use. Company reserves the right to reduce, suspend, or terminate access to AI voice generation, in whole or in part, for any user whose usage patterns indicate use outside the intended scope of the Service (as described in Section 1), commercial use, automated or programmatic use, or any other use that Company determines to be abusive, excessive, or inconsistent with this Agreement. No refund will be owed for any reduction, suspension, or termination under this Section.

4. License Grant and Intellectual Property

a. Company-Owned Content. All voiceovers, AI-generated voice models, voice outputs, software (including object and source code), sound effects, graphics, logos, text, and other content made available through the Service (collectively, the “Company Content”) are and shall remain the exclusive property of Company or its licensors. Company Content is protected by copyright, trademark, and other intellectual property laws.

b. Limited License. Subject to your compliance with this Agreement, Company grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Company Content solely for your personal, non-commercial use in connection with youth baseball and softball activities during the term of your active subscription or within the limits of the free tier, and subject to the fair-use and generation limits described in Section 3.

c. AI-Generated Voice Content. The Service uses artificial intelligence to generate voiceovers and related audio. You acknowledge that all voice models, voice characteristics, and generated audio outputs are proprietary to Company. You may use generated audio outputs only within the scope permitted by this Agreement. You may not extract, download (except as expressly enabled by the Service), record, copy, distribute, or retain generated audio outputs for any purpose outside of your personal, non-commercial use of the Service. You may not use any generated audio, voice samples, or Company Content to train, fine-tune, clone, or otherwise develop any artificial intelligence model, voice model, or competing service. You may not attempt to reverse-engineer, replicate, or reproduce any voice or voice model made available through the Service.

d. User Content. You may create team rosters, lineups, player information, custom scripts, and similar configurations within the Service (“User Content”). You retain ownership of your User Content. You grant Company a non-exclusive, royalty-free, worldwide, perpetual, sublicensable license to use, reproduce, modify, display, distribute, and create derivative works of User Content solely to provide, maintain, secure, and improve the Service.

e. Feedback. If you provide feedback, suggestions, or ideas regarding the Service, you grant Company a perpetual, irrevocable, worldwide, royalty-free license to use such feedback without restriction or compensation.

f. Reservation of Rights. All rights not expressly granted to you in this Agreement are reserved by Company. Nothing in this Agreement transfers any ownership interest in Company Content to you.

5. Restrictions on Use

You agree that you will not, and will not permit others to: (a) use the Service for any commercial purpose or for direct or indirect commercial advantage; (b) use the Service for any unlawful, infringing, defamatory, harassing, or harmful purpose; (c) use the Service for any sport, activity, or purpose other than youth baseball and softball, including but not limited to use for adult recreational leagues, professional sports, other sports such as pickleball, soccer, or basketball, personal entertainment unrelated to youth baseball or softball, content creation for social media monetization, or any similar use outside the intended scope of the Service; (d) use the Service in any setting where admission fees are charged, except where all admission proceeds are used exclusively for educational, charitable, nonprofit, or youth sports purposes; (e) sell, resell, sublicense, rent, lease, lend, or otherwise transfer access to the Service or Company Content; (f) retransmit, rebroadcast, stream, or publicly perform Company Content beyond the immediate location of playback; (g) remove, obscure, or alter any copyright, trademark, or other proprietary notices; (h) circumvent, disable, or interfere with any security, authentication, access-control, rate-limiting, or generation-limit features of the Service; (i) use automated means (including bots, scrapers, or crawlers) to access the Service or to generate AI voice outputs, except for publicly available search engines indexing public marketing pages; (j) share, transfer, or pool a single account’s generation allowance across multiple unrelated teams, organizations, or users; (k) use the Service to generate content that impersonates any real person without their explicit, verifiable consent; (l) use the Service to create content that is discriminatory, obscene, threatening, or that promotes violence, or that is sexually explicit or involves minors in a sexual context; or (m) use the Service to infringe any third party’s intellectual property, privacy, publicity, or other rights.

6. Music and Third-Party Audio Content

a. Third-Party Services. The Service may integrate with third-party music services such as Apple Music. Your use of such services is subject to the terms of those services, and Company is not responsible for them.

b. User Responsibility for Licensing. You are solely responsible for ensuring that any music, recordings, or third-party audio you use with the Service is appropriately licensed for your intended use. Company makes no representation that your use of third-party music is authorized or exempt from licensing requirements.

c. Non-Commercial Performance Only. You shall only use music and third-party audio in connection with the Service for non-commercial youth sports activities, and only through a single consumer-grade playback device (such as a smartphone, tablet, portable speaker, or home-type amplifier). You shall not connect the Service to commercial sound reinforcement systems or retransmit audio over the internet, radio, cable, or similar media.

d. Indemnification for Music Use. You agree to indemnify, defend, and hold harmless Company from any claims, damages, liabilities, costs, or expenses (including reasonable attorneys’ fees) arising out of or related to your use of third-party music or audio content in violation of this Section or applicable law.

7. Age Requirements and Parental Consent

The Service is intended for users aged eighteen (18) years or older. Users aged thirteen (13) to seventeen (17) may use the Service only with the consent and supervision of a parent or legal guardian who agrees to be bound by this Agreement. The parent or guardian accepts full responsibility for: (a) the minor’s compliance with this Agreement; (b) any charges or fees incurred; and (c) any liability arising from the minor’s use of the Service.

The Service is not directed to children under thirteen (13), and Company does not knowingly collect personal information from children under thirteen (13). If we learn that personal information has been collected from a child under thirteen (13) without verifiable parental consent, we will take steps to delete such information promptly.

8. Apple App Store Additional Terms

The following terms apply to your use of the iOS version of the Service obtained through the Apple App Store:

a. Acknowledgment. This Agreement is between you and Company only, not with Apple Inc. (“Apple”). Apple is not responsible for the Service or its content.

b. Scope of License. The license granted to you for the iOS Service is limited to a non-transferable license to use the Service on any Apple-branded products that you own or control, and as permitted by the Usage Rules set forth in the Apple Media Services Terms and Conditions.

c. Maintenance and Support. Company, not Apple, is solely responsible for providing any maintenance and support services with respect to the Service.

d. Warranty. Company, not Apple, is responsible for any product warranties, whether express or implied by law, to the extent not effectively disclaimed. In the event of any failure of the Service to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the Service to you (if applicable). To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Service.

e. Product Claims. Company, not Apple, is responsible for addressing any claims by you or any third party relating to the Service, including but not limited to product liability claims, claims that the Service fails to conform to any applicable legal or regulatory requirement, and claims arising under consumer protection, privacy, or similar legislation.

f. Intellectual Property Claims. In the event of any third-party claim that the Service or your use of it infringes that third party’s intellectual property rights, Company, not Apple, will be solely responsible for the investigation, defense, settlement, and discharge of any such claim.

g. Legal Compliance. You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo or designated as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.

h. Third-Party Beneficiary. You acknowledge and agree that Apple and Apple’s subsidiaries are third-party beneficiaries of this Agreement, and that Apple will have the right (and will be deemed to have accepted the right) to enforce this Agreement against you as a third-party beneficiary.

9. Privacy

Your use of the Service is also subject to our Privacy Policy, which is incorporated by reference into this Agreement.

10. Termination

a. Termination by You. You may terminate this Agreement at any time by canceling your subscription and discontinuing use of the Service. See Section 2(c) for subscription cancellation instructions.

b. Termination by Company. Company may suspend or terminate your access to the Service at any time, with or without notice, for any reason, including if you breach this Agreement.

c. Effect of Termination. Upon termination, all licenses granted to you under this Agreement immediately terminate, and you must cease all use of the Service and Company Content. Sections 3, 4, 5, 6(d), 11, 12, 13, 14, 15, and 16 through 24 will survive termination.

11. Disclaimer of Warranties

THE SERVICE AND COMPANY CONTENT ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. COMPANY DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, ERROR-FREE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT AI-GENERATED OUTPUTS WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS. WITHOUT LIMITING THE FOREGOING, COMPANY DOES NOT WARRANT THAT ANY PARTICULAR LEVEL OF AI VOICE GENERATION CAPACITY WILL BE AVAILABLE TO YOU AT ANY GIVEN TIME, AND ALL GENERATION CAPACITY IS PROVIDED SUBJECT TO THE FAIR-USE AND GENERATION LIMITS DESCRIBED IN SECTION 3.

12. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL COMPANY, ITS OFFICERS, MEMBERS, EMPLOYEES, CONTRACTORS, OR AFFILIATES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR THE SERVICE, WHETHER BASED IN WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, OR ANY OTHER LEGAL THEORY, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

COMPANY’S TOTAL CUMULATIVE LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE SERVICE SHALL NOT EXCEED THE GREATER OF (A) THE AMOUNTS PAID BY YOU TO COMPANY IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED U.S. DOLLARS ($100).

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

13. Indemnification

You agree to indemnify, defend, and hold harmless Company and its officers, members, employees, contractors, and affiliates from and against any and all claims, damages, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising out of or related to: (a) your use of the Service; (b) your violation of this Agreement; (c) your violation of any third-party right, including intellectual property, privacy, or publicity rights; (d) your User Content; or (e) your use of music or third-party audio content in connection with the Service.

14. Dispute Resolution; Binding Arbitration; Class Action Waiver

a. Informal Resolution. Before initiating any arbitration or court proceeding, you must first contact Company at Support@dugoutdude.app and attempt in good faith to resolve the dispute informally for at least sixty (60) days.

b. Binding Arbitration. If informal resolution is unsuccessful, any controversy or claim arising out of or relating to this Agreement or the Service shall be resolved by binding individual arbitration administered by the American Arbitration Association (“AAA”) in accordance with its Consumer Arbitration Rules. The arbitration shall be conducted in Greenville County, South Carolina, or at another mutually agreed location, or by remote/telephonic means where permitted. The arbitrator shall have exclusive authority to resolve all disputes arising out of or relating to the interpretation, applicability, enforceability, or formation of this Agreement, including whether a claim is subject to arbitration. Judgment on the arbitration award may be entered in any court of competent jurisdiction.

c. Class Action Waiver. TO THE FULLEST EXTENT PERMITTED BY LAW, YOU AND COMPANY AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, OR REPRESENTATIVE PROCEEDING. THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF REPRESENTATIVE OR CLASS PROCEEDING. If this class action waiver is found unenforceable, then the entirety of this arbitration provision shall be null and void, and all disputes shall be resolved in court as set forth in Section 15.

d. Small Claims Court Exception. Either party may bring an individual action in small claims court for disputes within that court’s jurisdictional limits.

e. Opt-Out. You may opt out of this arbitration provision by sending written notice to Support@dugoutdude.app within thirty (30) days of first accepting this Agreement. The opt-out notice must include your name, account email, and a clear statement that you wish to opt out of arbitration. If you opt out, all other provisions of this Agreement will remain in effect.

15. Governing Law and Venue

This Agreement shall be governed by and construed in accordance with the laws of the State of South Carolina, without regard to its conflict of laws principles. Subject to Section 14, any action not subject to arbitration shall be brought exclusively in the state or federal courts located in Greenville County, South Carolina, and you consent to the personal jurisdiction of such courts.

16. Changes to This Agreement

Company may modify this Agreement at any time by posting a revised version within the Service or on the Company website. Material changes will become effective thirty (30) days after posting, unless you accept them sooner through continued use. If you do not agree to the modified terms, your sole remedy is to cancel your subscription and discontinue use of the Service before the changes take effect. Your continued use of the Service after the effective date of any modification constitutes acceptance of the modified terms.

17. Force Majeure

Company shall not be liable for any failure or delay in performance caused by events beyond its reasonable control, including acts of God, natural disasters, epidemics, pandemics, war, terrorism, civil unrest, labor disputes, internet or utility outages, or actions of governmental authorities.

18. Assignment

You may not assign or transfer this Agreement or any rights or obligations under it without Company’s prior written consent. Company may assign this Agreement at any time without notice. Any attempted assignment in violation of this Section is void.

19. Severability

If any provision of this Agreement is held invalid or unenforceable, the remaining provisions will remain in full force and effect, and the invalid provision shall be modified to the minimum extent necessary to make it enforceable while reflecting the parties’ original intent.

20. Waiver

No failure or delay by Company in exercising any right under this Agreement shall operate as a waiver of that right. No waiver shall be effective unless in writing and signed by Company.

21. Entire Agreement

This Agreement, together with the Privacy Policy and any additional terms you agree to when using specific features, constitutes the entire agreement between you and Company regarding the Service and supersedes all prior or contemporaneous agreements, communications, and proposals, whether oral or written.

22. Construction

The rule of construction that ambiguities are resolved against the drafting party shall not apply to this Agreement. Section headings are for convenience only and do not affect interpretation.

23. Electronic Acceptance

By downloading, installing, or using the Service, you agree to be bound by this Agreement. Electronic acceptance has the same legal effect as a physical signature.

24. Contact

That’s Good Studio, LLC

Email: Support@dugoutdude.app

Website: https://dugoutdude.app