Terms of Service

1. Acceptance of Terms

By creating an account, registering a team, accessing the DugoutIQ Tournament Platform at tournaments.dugoutiq.app, or using any related services (collectively, the “Platform”), you (“User”) agree to be bound by these Terms of Service (“Terms”). If you are using the Platform on behalf of an organization, you represent that you have authority to bind that organization to these Terms.

If you do not agree to these Terms, do not access or use the Platform.

DugoutIQ (“DugoutIQ,” “we,” “us,” or “our”) reserves the right to modify these Terms at any time. Continued use of the Platform after changes constitutes acceptance of the modified Terms.

2. Definitions

• “Platform” means the DugoutIQ Tournament Manager application, including all web interfaces, APIs, and related services.
• “Organization” means a tournament organizing entity registered on the Platform as an Org Admin.
• “Tournament Director” means an individual authorized by an Organization to manage a specific tournament.
• “Coach” means an individual who registers a team to participate in a tournament through the Platform.
• “Parent/Guardian” means a parent or legal guardian of a minor athlete who interacts with the Platform solely for waiver signing or information viewing.
• “Minor Athlete” or “Player” means any individual under the age of 18 enrolled in a tournament through the Platform.
• “User Data” means all information submitted to or collected by the Platform, including roster data, contact information, waiver records, and communications.
• “Tournament Data” means schedules, scores, standings, bracket results, and related tournament operational information.

3. Eligibility and Account Registration

3.1 Age Requirement

You must be at least 18 years of age to create an account or submit data on the Platform. The Platform is not directed to minors. Minor athletes are enrolled by their coaches or parents/guardians, not directly.

3.2 Account Accuracy

You agree to provide accurate, current, and complete information when creating an account or registering a team. You are responsible for maintaining the accuracy of your account information.

3.3 Account Security

You are responsible for maintaining the confidentiality of your account credentials. You agree to notify DugoutIQ immediately of any unauthorized use of your account. DugoutIQ is not liable for any loss resulting from unauthorized use of your account.

3.4 One Account Per Organization Role

Tournament director and coach accounts are associated with specific tournaments and organizations. You may not share accounts or credentials with other individuals.

4. Platform Roles and Access

The Platform operates a role-based access system. Your permissions are determined by your assigned role:

• Org Admin: Full access to all tournaments within their registered organization.
• Tournament Director: Full management access to assigned tournament(s) only.
• Coach: Team registration, roster management, and waiver status tracking for their own registered team(s) only.
• Parent/Guardian: Waiver signing via secure token link. Read-only access to public tournament information.
• Fan: Authenticated read-only access to published tournament information.
• Public: Unauthenticated read-only access to non-draft tournament schedules and scores.

You agree to use only the access level assigned to your role and not to attempt to access data, features, or functions outside your permitted role.

5. Prohibited Uses

You agree not to:

• Use the Platform for any unlawful purpose or in violation of any applicable law or regulation.
• Submit false, misleading, or fraudulent information, including roster data, player ages, or contact information.
• Impersonate another person, organization, or entity.
• Attempt to gain unauthorized access to any portion of the Platform, other accounts, or any systems connected to the Platform.
• Scrape, harvest, or collect data from the Platform by automated means without prior written authorization from DugoutIQ.
• Use the Platform to send unsolicited communications (spam) to other users.
• Upload or transmit viruses, malware, or any other malicious code.
• Interfere with or disrupt the integrity or performance of the Platform.
• Use the Platform in any manner that could harm minor athletes or violate their privacy rights.
• Circumvent, disable, or otherwise interfere with security-related features of the Platform.
• Export, download, or republish tournament data (including player rosters) for any purpose outside of legitimate tournament administration.

6. Data You Submit

6.1 Your Responsibility for Data Accuracy

You are solely responsible for the accuracy, legality, and appropriateness of all data you submit to the Platform, including player names, ages, contact information, and waiver content.

6.2 Minor Athlete Data

You represent and warrant that:

• All minor athletes you enroll in tournaments through the Platform have a parent or legal guardian who has been notified of data collection practices and has had the opportunity to complete the required waiver and data consent process.
• You have obtained all necessary permissions required to submit minor athlete data to the Platform.
• You will not submit data about minor athletes for any purpose other than legitimate tournament participation.

6.3 Organization Data Responsibility

Organizations and Tournament Directors are responsible for all data submitted under their account, including data submitted by coaches who register teams for their tournaments. Organizations acknowledge that they are a “data controller” with respect to tournament participant data they collect through the Platform, and that DugoutIQ acts as a “data processor” on their behalf for that data.

6.4 License to Use Submitted Data

By submitting data to the Platform, you grant DugoutIQ a limited, non-exclusive license to process, store, and use that data solely for the purpose of providing the Platform services described in these Terms and our Privacy Policy.

7. Waiver and Registration Data

7.1 Waiver Template

DugoutIQ may make a waiver template available to Organizations that choose not to provide their own waiver language. Use of the DugoutIQ waiver template does not constitute legal advice, does not guarantee waiver enforceability in any jurisdiction, and is provided solely as a convenience. Organizations that use the template do so at their own risk and are strongly advised to have the template reviewed by a licensed attorney before use.

7.2 Waiver Enforceability

DugoutIQ makes no representation that waivers executed through the Platform are legally enforceable in any particular jurisdiction. The enforceability of liability waivers for minor athletes varies significantly by state and country. Organizations are responsible for ensuring their waiver language complies with applicable law.

7.3 Organization Responsibility for Waivers

By hosting a tournament on the Platform, Organizations agree that they — not DugoutIQ — are responsible for ensuring appropriate liability documentation is obtained from participants and that such documentation complies with applicable law.

7.4 Digital Signature Process

The Platform's waiver signing process records the signer's full name, relationship to the minor, timestamp, IP address, and user agent string. This information is stored and associated with the executed waiver. DugoutIQ does not independently verify the identity of waiver signers or their legal authority to sign on behalf of a minor.

8. Communications

8.1 Transactional Communications

By registering on the Platform, you consent to receive transactional communications related to your account and tournament participation, including registration confirmations, schedule notifications, and waiver invitation emails.

8.2 SMS Communications

If you provide a mobile phone number and opt in to SMS communications, you consent to receive text messages related to tournament operations. Message and data rates may apply. You may opt out at any time by replying STOP to any SMS message. Opting out of SMS does not affect your ability to receive email communications.

Organizations and Tournament Directors: You are responsible for ensuring that all contact data submitted to the Platform is collected with valid TCPA-compliant consent before submission. The Platform enforces a technical opt-in gate and will not transmit SMS messages to contacts whose opt-in consent has not been recorded in the Platform. However, this technical control does not substitute for your independent obligation to obtain valid consent at the point of collection. DugoutIQ is not responsible for TCPA compliance failures arising from inaccurate consent records, incorrectly submitted contact data, or consent obtained outside the Platform.

8.3 No Marketing to Minor Athletes or Their Families

DugoutIQ does not send marketing communications to parents or guardians of minor athletes flagged as COPPA-applicable, and does not use minor athlete data for advertising purposes.

9. Intellectual Property

9.1 Platform Ownership

The Platform, including all software, design, text, graphics, and other content created by DugoutIQ, is owned by DugoutIQ and protected by applicable intellectual property laws. Nothing in these Terms transfers ownership of any DugoutIQ intellectual property to you.

9.2 Your Content

You retain ownership of data you submit to the Platform. By submitting data, you grant DugoutIQ the license described in Section 6.4 above.

9.3 Feedback

If you provide DugoutIQ with feedback, suggestions, or ideas regarding the Platform, you grant DugoutIQ an unrestricted, perpetual, royalty-free license to use such feedback for any purpose without obligation to you.

10. Disclaimers

10.1 Platform Provided “As Is”

THE PLATFORM IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. DUGOUTIQ DOES NOT WARRANT THAT THE PLATFORM WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE OF HARMFUL COMPONENTS.

10.2 No Warranty on Scheduling or Bracket Logic

Tournament scheduling suggestions, bracket advancement logic, and standings calculations provided by the Platform are tools to assist Tournament Directors and do not constitute binding determinations. DugoutIQ makes no warranty as to the accuracy of scheduling recommendations, tiebreaker calculations, or bracket seeding outputs. Final tournament decisions remain the sole responsibility of the Tournament Director and Organization.

10.3 No Warranty on Waiver or Legal Template Content

Any waiver templates, legal notices, or form language made available through the Platform are provided for convenience only and without warranty of legal sufficiency, completeness, or enforceability.

10.4 Platform Maturity

The Platform is currently offered in an early access stage. Features, functionality, data structures, and availability may change or be discontinued at any time. DugoutIQ does not guarantee any specific uptime, feature availability, or continuity of service during this period. By using the Platform during early access, you acknowledge and accept these limitations.

10.5 AI-Powered Features

The Platform includes AI-powered features, including an administrative help assistant. These features are powered by third-party AI inference services. By using AI-powered features, you acknowledge that:

• Your queries and inputs to AI-powered features are transmitted to and processed by third-party AI service providers operating under their own terms and data handling practices.
• AI-powered features are provided for convenience only. Outputs are not guaranteed to be accurate, complete, or appropriate for your specific situation.
• No query containing personal information about minor athletes, parents, or guardians should be submitted to any AI-powered feature on the Platform.

11. Limitation of Liability

11.1 Exclusion of Consequential Damages

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, DUGOUTIQ SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOSS OF PROFITS, DATA, OR GOODWILL, ARISING OUT OF OR RELATED TO YOUR USE OF THE PLATFORM, EVEN IF DUGOUTIQ HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

11.2 Cap on Liability

DUGOUTIQ'S TOTAL LIABILITY TO YOU FOR ANY CLAIMS ARISING OUT OF OR RELATED TO THE PLATFORM SHALL NOT EXCEED THE GREATER OF (A) THE AMOUNT PAID BY YOU TO DUGOUTIQ IN THE TWELVE MONTHS PRECEDING THE CLAIM, OR (B) ONE HUNDRED DOLLARS ($100).

11.3 Essential Basis of the Bargain

YOU ACKNOWLEDGE THAT THE LIMITATIONS OF LIABILITY IN THIS SECTION REFLECT A REASONABLE ALLOCATION OF RISK AND ARE AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN DUGOUTIQ AND YOU. DUGOUTIQ WOULD NOT PROVIDE THE PLATFORM WITHOUT THESE LIMITATIONS.

11.4 No Liability for Third-Party Content or Actions

DugoutIQ is not responsible for the conduct of coaches, parents, tournament directors, organizations, or other users of the Platform, or for any injuries or incidents that occur at tournaments managed through the Platform.

11.5 No Liability for Waiver Enforceability

DugoutIQ is not liable for any losses, claims, or damages arising from the unenforceability of any waiver executed through the Platform.

12. Indemnification

You agree to indemnify, defend, and hold harmless DugoutIQ and its officers, employees, contractors, and agents from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to:

• Your violation of these Terms.
• Your submission of inaccurate, incomplete, or unauthorized data to the Platform.
• Your failure to obtain required consents from minor athletes' parents or guardians.
• Your use of the Platform's communications features in violation of applicable law (including TCPA).
• Your use of any waiver template or legal form provided through the Platform.
• Any claim by a tournament participant, parent, or guardian related to a tournament you administered through the Platform.

13. Data Privacy

Your use of the Platform is also governed by DugoutIQ's Privacy Policy, which is incorporated into these Terms by reference. By using the Platform, you agree to the collection and use of data as described in the Privacy Policy.

14. Termination

14.1 Termination by You

You may discontinue use of the Platform at any time. To request deletion of your account and associated data, contact admin@dugoutiq.app.

14.2 Termination by DugoutIQ

DugoutIQ may suspend or terminate your access to the Platform at any time, with or without cause, including for violation of these Terms. DugoutIQ will provide reasonable notice where practicable.

14.3 Effect of Termination

Upon termination, your right to access the Platform ceases. Tournament data associated with your account may be retained for the period specified in the Privacy Policy or as required by law. Sections 6, 9, 10, 11, 12, and 15 survive termination.

15. Governing Law and Dispute Resolution

15.1 Governing Law

These Terms and any dispute arising out of or related to these Terms or your use of the Platform shall be governed by and construed in accordance with the laws of the State of New York, without regard to its conflict of law principles. The United Nations Convention on Contracts for the International Sale of Goods does not apply to these Terms.

15.2.1 Informal Resolution

Before initiating any formal proceeding, you agree to contact DugoutIQ at admin@dugoutiq.app and provide a written description of the dispute, the relief sought, and your contact information. The parties will attempt to resolve the dispute informally for a period of thirty (30) days from DugoutIQ's receipt of that notice.

15.2.2 Binding Arbitration

If informal resolution fails, any dispute, claim, or controversy arising out of or relating to these Terms or the Platform — including questions of arbitrability — shall be resolved by binding individual arbitration administered by the American Arbitration Association (“AAA”) under its Commercial Arbitration Rules, as applicable. The arbitration shall be conducted in Buffalo, New York, or remotely if both parties agree. The arbitrator's decision shall be final and binding and may be entered as a judgment in any court of competent jurisdiction.

15.2.3 Class Action Waiver

YOU AND DUGOUTIQ 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, CONSOLIDATED, OR REPRESENTATIVE ACTION. The arbitrator may not consolidate more than one person's claims and may not preside over any class or representative proceeding. If this class action waiver is found unenforceable, the entirety of Section 15.2.2 shall be void.

15.2.4 Small Claims Exception

Notwithstanding Section 15.2.2, either party may bring an individual claim in small claims court in Buffalo, New York if the claim qualifies under that court's jurisdictional limits.

15.2.5 Injunctive Relief Exception

Either party may seek emergency injunctive or other equitable relief from a court of competent jurisdiction to prevent irreparable harm, without waiving the right to arbitrate the underlying dispute.

15.2.6 Jury Trial Waiver

TO THE EXTENT ANY CLAIM PROCEEDS IN COURT RATHER THAN ARBITRATION, BOTH PARTIES WAIVE ANY RIGHT TO A JURY TRIAL.

16. Miscellaneous

16.1 Entire Agreement

These Terms, together with the Privacy Policy and any other agreements incorporated by reference, constitute the entire agreement between you and DugoutIQ with respect to the Platform.

16.2 Severability

If any provision of these Terms is found unenforceable, the remaining provisions will remain in full force and effect.

16.3 No Waiver

DugoutIQ's failure to enforce any provision of these Terms does not constitute a waiver of its right to enforce that provision in the future.

16.4 Assignment

You may not assign your rights or obligations under these Terms without DugoutIQ's prior written consent. DugoutIQ may assign its rights and obligations freely.

16.5 Contact

Questions about these Terms may be directed to: admin@dugoutiq.app.

16.6 Notices

All notices from DugoutIQ to you will be delivered to the email address associated with your account and are effective upon sending. Notices from you to DugoutIQ must be sent to admin@dugoutiq.app and are effective upon DugoutIQ's written acknowledgment of receipt.