CompetitionKeeper Terms of Service

These Terms of Service ("Terms") are a binding agreement between you and [CompetitionKeeper Legal Entity] ("CompetitionKeeper," "we," "us," or "our") governing your access to and use of the CompetitionKeeper website, applications, and related services (collectively, the "Service").

By creating an account, purchasing a subscription, or using the Service, you agree to these Terms and acknowledge our Privacy Policy.

If you do not agree, do not use the Service.

1. Eligibility

You must be at least 18 years old to create or operate a CompetitionKeeper account.

CompetitionKeeper is designed for parents, guardians, family members, and other adults who maintain information relating to gymnastics participation. It is not intended to provide accounts for children or to permit children to independently operate accounts.

By creating an account, you represent that you are at least 18 years old and have the legal capacity to enter into these Terms.

2. Accounts

You must provide accurate information when creating and maintaining your account.

You are responsible for:

• maintaining the confidentiality of your credentials;
• activity conducted through your account;
• keeping your email address and other account information reasonably current; and
• notifying us promptly if you believe your account has been compromised.

You may not share credentials in a manner intended to circumvent account roles, subscription limitations, or access controls.

3. Families, Gymnasts, and Authority

CompetitionKeeper allows adult users to create and manage family records containing information concerning gymnasts.

By adding information concerning a gymnast, you represent that you are the gymnast's parent or guardian or otherwise have sufficient authority and permission to provide and manage that information through CompetitionKeeper.

This includes appropriate authority or permission to provide:

• the gymnast's name and profile information;
• gym and competition information;
• scores and placements;
• photographs and videos;
• notes; and
• other information you choose to maintain through the Service.

You are responsible for the accuracy and lawfulness of information and content you provide.

CompetitionKeeper does not independently verify parental relationships, guardianship, ownership of photographs or videos, or permission from every person depicted in uploaded content.

4. Family Owners, Family Editors, and Fans

CompetitionKeeper provides different family roles and permissions.

A Family Owner controls the family and may grant access to other users as permitted by the applicable plan.

A Family Editor may be authorized to manage family information, including gymnast, competition, score, and media information, subject to the Service's permissions and plan restrictions.

A Fan receives limited, read-only access to gymnast information selected by the family. Fan permissions may separately control access to scores and media. Fans cannot upload, edit, or delete family media.

You are responsible for the people you invite and the permissions you grant them.

You should send invitations only to people whom you intend to provide access. If a user's access is no longer appropriate, you are responsible for removing or modifying that access using available controls.

5. User Content

"User Content" means information or materials users provide through the Service, including gymnast information, scores, notes, photographs, videos, profile images, captions, and other uploaded or entered material.

Your Ownership

As between you and CompetitionKeeper, you retain your ownership rights in User Content.

CompetitionKeeper does not acquire ownership of your photographs, videos, or other User Content merely because you upload or store it through the Service.

Limited License to CompetitionKeeper

By providing User Content, you grant CompetitionKeeper a nonexclusive, worldwide, royalty-free license to host, store, reproduce, process, transmit, display, and otherwise use that User Content only to the extent reasonably necessary to provide, operate, maintain, secure, support, and improve the Service and to make the content available to users whom you authorize.

This license does not grant CompetitionKeeper the right to use a family's gymnast photographs or videos in advertising or promotional materials merely because those materials were uploaded to the Service.

The license continues for as long as reasonably necessary to provide the Service and administer applicable deletion, recovery, backup, security, and legal-retention processes.

6. Your Responsibilities for Content

You may upload or provide User Content only if you have the legal right and appropriate permission to do so.

You represent that your User Content and your use of it through CompetitionKeeper will not:

• infringe another person's copyright, privacy, publicity, or other rights;
• violate applicable law;
• contain unlawful, threatening, harassing, defamatory, or abusive material;
• contain malware or malicious code;
• exploit or endanger a minor;
• contain intimate or sexually explicit content involving a minor;
• impersonate another person or misrepresent your authority; or
• be used for unlawful surveillance, harassment, or other unlawful activity.

You are responsible for considering whether photographs or videos contain sensitive information, including location or device metadata, before uploading them.

We may remove or restrict access to content that we reasonably believe violates these Terms or applicable law.

7. Acceptable Use

You may not:

• access another family's information without authorization;
• attempt to circumvent authentication, permissions, subscription limits, or security controls;
• probe, scan, or test the Service for vulnerabilities without written authorization;
• interfere with or disrupt the Service;
• use automated means to scrape or extract information except as expressly authorized;
• send fraudulent, misleading, or abusive invitations;
• use another person's account without authorization;
• reverse engineer the Service except to the extent such restriction is prohibited by law;
• upload malicious software;
• use the Service for illegal purposes; or
• assist another person in doing any of the foregoing.

We may impose reasonable technical limits intended to protect the Service and its users.

8. Free and Paid Services

CompetitionKeeper may offer free and paid plans with different features, storage, gymnast limits, meet limits, Fan limits, Family Editor access, media functionality, or other entitlements.

Current features and pricing are presented through the Service and may change prospectively.

Unless otherwise stated when you purchase a subscription, paid subscriptions automatically renew for successive billing periods until canceled.

Before purchasing, you are responsible for reviewing the plan, price, billing frequency, and included features presented at Checkout.

9. Billing and Payment

Payments are processed through Stripe or another payment processor we may designate.

By purchasing a paid subscription, you authorize the applicable charges presented at Checkout and authorize recurring charges for renewal periods until the subscription is canceled.

You are responsible for applicable taxes and charges disclosed at purchase.

CompetitionKeeper does not directly maintain your complete payment-card credentials.

If payment fails, we may retry payment, restrict paid functionality, downgrade the account, or take other reasonable action consistent with the subscription terms and applicable law.

10. Cancellation and Refunds

You may cancel a paid CompetitionKeeper subscription at any time through the billing controls made available through the Service.

Ordinary subscription cancellation takes effect at the end of the then-current paid billing period. You will retain the applicable paid access through the end of that period.

Unless required by applicable law, amounts already paid are nonrefundable and will not be prorated.

Canceling a subscription is different from deleting a family. If you initiate family deletion, different deletion and subscription-cancellation procedures may apply because family deletion is intended to remove the family and its associated data.

Nothing in these Terms limits any refund, cancellation, or consumer right that cannot lawfully be waived.

11. Plan Changes and Media

Certain subscription changes may take effect immediately while others may take effect at the end of a billing period.

An upgrade may result in an immediate charge or prorated billing adjustment as disclosed through the Service or payment processor.

If you downgrade from a plan that includes media storage or allow a media-related trial to expire, access to some media functionality may be restricted. CompetitionKeeper may retain affected media for a limited recovery period before deletion.

You are responsible for maintaining your own copies of photographs, videos, scores, competition history, and other information or content that you do not wish to lose.

CompetitionKeeper should not be used as your sole record or archival backup for scores, competition history, photographs, videos, or other information or content that is important or irreplaceable. You should maintain independent copies of information and content you wish to preserve.

12. Trials and Promotional Offers

CompetitionKeeper may offer free trials, introductory access, or promotional features.

The duration, eligibility, features, and any charges applicable after a trial will be disclosed with the applicable offer.

We may limit trials to prevent abuse.

13. Privacy

Our Privacy Policy explains how we collect, use, disclose, and retain information and is incorporated into these Terms by reference.

By using CompetitionKeeper, you acknowledge the practices described in the Privacy Policy.

14. CompetitionKeeper Intellectual Property

CompetitionKeeper and its licensors retain all rights in the Service itself, including its software, design, interfaces, branding, trademarks, graphics, and other materials provided by CompetitionKeeper, excluding User Content.

Subject to these Terms, we grant you a limited, personal, nonexclusive, nontransferable, revocable right to access and use the Service for its intended purposes.

Nothing in these Terms transfers ownership of CompetitionKeeper's software or intellectual property to you.

15. Feedback

If you voluntarily provide suggestions, ideas, or feedback concerning CompetitionKeeper, you permit us to use that feedback without restriction or compensation to improve or develop CompetitionKeeper.

This provision does not transfer ownership of your User Content to CompetitionKeeper.

16. Third-Party Services and Links

CompetitionKeeper depends on third-party services, including hosting, authentication, storage, payment, and email providers.

The Service may also contain links supplied by users or links to other websites and services.

CompetitionKeeper does not control third-party websites or user-supplied external media services and is not responsible for their content, availability, privacy practices, or security.

Your use of third-party services may be governed by their own terms and policies.

17. Service Availability and Changes

We work to maintain the Service, but we do not guarantee uninterrupted or error-free availability.

The Service may be unavailable because of maintenance, software errors, Internet or infrastructure failures, database or storage failures, third-party service failures, security events, or circumstances outside our reasonable control.

We may modify, add, remove, or discontinue features. If a change materially affects a paid subscription, we will provide notice when reasonably appropriate or required by law.

18. Data Storage, Backup, and Risk of Data Loss

CompetitionKeeper is designed to help you record, organize, store, and share information and content, but CompetitionKeeper is not a backup or archival service and does not guarantee that any data or User Content will be preserved, recoverable, or available for any particular period of time.

Despite reasonable efforts to maintain the Service, data or User Content may be lost, corrupted, damaged, deleted, or become unavailable as a result of software or hardware failure, database or storage failure, third-party service failure, synchronization or processing errors, security incidents, user error, maintenance, changes to the Service, or other circumstances.

You are responsible for maintaining independent copies of any scores, competition records, photographs, videos, or other information or User Content that you consider important or irreplaceable.

To the maximum extent permitted by applicable law, CompetitionKeeper is not responsible for the loss, corruption, deletion, or inability to recover data or User Content, except to the extent liability cannot lawfully be excluded or limited.

19. Suspension and Termination

You may stop using CompetitionKeeper at any time.

We may suspend or terminate access if we reasonably believe that:

• you materially violated these Terms;
• your use creates a security or legal risk;
• your account is being used fraudulently or unlawfully;
• payment remains delinquent;
• continued operation of the account could harm CompetitionKeeper or another person; or
• suspension or termination is required by law.

Where reasonably practicable, we may provide notice and an opportunity to address the issue before terminating an account, but we are not required to do so where immediate action is reasonably necessary.

Sections that by their nature should survive termination will survive, including provisions concerning ownership, accrued payment obligations, disclaimers, limitations of liability, indemnification, and dispute provisions.

20. Data Deletion

CompetitionKeeper may provide recovery periods before permanently deleting certain information.

Initiating family deletion currently begins a 30-day recovery period. During that period, the family may be restorable under the functionality then available through the Service.

After the recovery period, CompetitionKeeper may permanently remove the family and associated application data and stored media in accordance with its deletion procedures.

Deletion from active systems may not result in immediate deletion from backups, operational logs, financial records, security records, or other records that we reasonably or legally retain.

Deleting a family does not necessarily delete your underlying authentication identity.

See the Privacy Policy for additional information.

21. Disclaimer of Warranties

TO THE MAXIMUM EXTENT PERMITTED BY LAW, COMPETITIONKEEPER AND THE SERVICE ARE PROVIDED "AS IS" AND "AS AVAILABLE."

COMPETITIONKEEPER DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, COMPLETELY SECURE, THAT DATA OR USER CONTENT WILL BE PRESERVED OR RECOVERABLE, OR THAT INFORMATION ENTERED INTO THE SERVICE WILL ALWAYS BE ACCURATE OR AVAILABLE.

COMPETITIONKEEPER IS A RECORDKEEPING, SHARING, AND INFORMATION-MANAGEMENT SERVICE. IT IS NOT AN OFFICIAL SCORING AUTHORITY. USERS ARE RESPONSIBLE FOR VERIFYING COMPETITION RESULTS OR OTHER INFORMATION WHEN OFFICIAL ACCURACY IS IMPORTANT.

Some jurisdictions do not permit certain warranty exclusions, so portions of this section may not apply to you.

22. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, [COMPETITIONKEEPER LEGAL ENTITY] AND ITS OWNERS, OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AND AGENTS WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES; FOR LOSS, CORRUPTION, DELETION, OR INABILITY TO RECOVER DATA OR USER CONTENT; FOR THE COST OF RECREATING SCORES, COMPETITION RECORDS, PHOTOGRAPHS, VIDEOS, OR OTHER USER CONTENT; OR FOR LOSS OF PROFITS, REVENUE, GOODWILL, OR BUSINESS OPPORTUNITY ARISING OUT OF OR RELATING TO THE SERVICE OR THESE TERMS.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, OUR AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THE SERVICE OR THESE TERMS WILL NOT EXCEED THE GREATER OF:

(A) THE AMOUNT YOU PAID TO COMPETITIONKEEPER DURING THE TWELVE MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM; OR

(B) $100.

These limitations apply regardless of the theory of liability and even if a remedy fails of its essential purpose.

Nothing in these Terms excludes or limits liability to the extent such liability cannot lawfully be excluded or limited.

23. Indemnification

To the extent permitted by law, you agree to indemnify, defend, and hold harmless [CompetitionKeeper Legal Entity] and its owners, officers, directors, employees, contractors, and agents from claims, liabilities, damages, judgments, losses, and reasonable costs and expenses, including reasonable attorneys' fees, arising out of or relating to:

• User Content you provide;
• your violation of these Terms;
• your violation of another person's rights;
• your lack of authority or permission to provide information or content concerning another person; or
• your unlawful or unauthorized use of the Service.

CompetitionKeeper will provide reasonable notice of a covered claim and may control its defense and settlement. You may not settle a claim in a manner that imposes liability or an admission on CompetitionKeeper without our written consent.

24. Governing Law and Venue

These Terms and any dispute arising out of or relating to these Terms or the Service are governed by the laws of the Commonwealth of Pennsylvania, without regard to its conflict-of-laws principles.

To the extent a dispute may lawfully be subject to an exclusive forum agreement, you and CompetitionKeeper agree that any judicial action arising out of or relating to these Terms or the Service shall be brought exclusively in the Court of Common Pleas of Blair County, Pennsylvania.

Each party consents to personal jurisdiction and venue in that court.

Nothing in this section prevents either party from bringing a matter in another forum where applicable law gives that party a right that cannot lawfully be waived or where the specified court lacks subject-matter jurisdiction.

25. Changes to These Terms

We may modify these Terms from time to time.

For material changes, we may provide notice through the Service, by email, or through another reasonable method. Changes will become effective on the date stated in the updated Terms, subject to applicable law.

If applicable law requires affirmative consent to a change, we will seek that consent.

Continued use of the Service after changes become effective constitutes acceptance where permitted by law.

26. Miscellaneous

These Terms, together with the Privacy Policy and any additional terms expressly presented for a particular paid plan or feature, constitute the agreement between you and CompetitionKeeper concerning the Service.

If any provision is determined to be unenforceable, the remaining provisions remain in effect to the fullest extent permitted by law.

Our failure to enforce a provision is not a waiver of our right to enforce it later.

You may not assign these Terms without our written consent. We may assign these Terms in connection with a merger, acquisition, reorganization, sale of assets, formation or restructuring of the entity operating CompetitionKeeper, or by operation of law.

Headings are for convenience only.

27. Contact

Questions concerning these Terms may be directed to: