Welcome to FanScorecards! These Terms of Use ("Terms") govern your access to and use of the FanScorecards mobile application (the "App") operated by Luke Bowman ("FanScorecards," "we," "our," or "us").
By downloading, installing, or using the App, you agree to be bound by these Terms. If you do not agree to these Terms, do not use the App.
1. Acceptance of Terms
By accessing or using the App, you confirm that you are at least 13 years of age and have the legal capacity to enter into these Terms. If you are using the App on behalf of an organization, you represent that you have the authority to bind that organization to these Terms.
2. Apple App Store Acknowledgement
You acknowledge that these Terms are between you and Luke Bowman (FanScorecards) only, and not with Apple Inc. ("Apple"). FanScorecards, not Apple, is solely responsible for the App and its content.
Your use of the App must comply with the App Store Terms of Service. You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App.
3. License to Use the App
Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to download, install, and use the App on Apple-branded products that you own or control, solely for your personal, non-commercial use, as permitted by the Usage Rules set forth in the Apple Media Services Terms and Conditions.
The App may be accessed and used by other accounts associated with your Apple ID via Family Sharing or volume purchasing, subject to these Terms.
You may not:
- Copy, modify, or distribute the App or any portion thereof
- Reverse engineer, decompile, or disassemble the App
- Rent, lease, lend, sell, or sublicense the App
- Remove, alter, or obscure any proprietary notices in the App
- Use the App for any illegal or unauthorized purpose
4. Maintenance and Support
FanScorecards is solely responsible for providing any maintenance and support services with respect to the App, as specified in these Terms or as required under applicable law. You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App.
5. User Accounts
To access certain features of the App, you must create an account. You are responsible for:
- Maintaining the confidentiality of your account credentials
- All activities that occur under your account
- Notifying us immediately of any unauthorized use of your account
You agree to provide accurate, current, and complete information during registration and to update such information to keep it accurate, current, and complete.
We reserve the right to suspend or terminate your account if any information provided proves to be inaccurate, not current, or incomplete.
6. User-Generated Content
The App allows you to create and store scorecards and other content ("User Content"). You retain ownership of your User Content, but by submitting User Content, you grant us a worldwide, non-exclusive, royalty-free license to use, display, and aggregate your User Content for the purpose of operating and improving the App.
You represent and warrant that:
- You own or have the necessary rights to your User Content
- Your User Content does not violate the rights of any third party
- Your User Content complies with these Terms and all applicable laws
We may (but are not obligated to) review, monitor, or remove User Content at our sole discretion.
7. Subscriptions and Payments
The App may offer subscription-based features ("Premium Features"). Subscriptions are processed through the Apple App Store.
Billing
- Payment will be charged to your Apple ID account at confirmation of purchase
- Subscriptions automatically renew unless auto-renew is turned off at least 24 hours before the end of the current period
- Your account will be charged for renewal within 24 hours prior to the end of the current period
Managing Subscriptions
You can manage or cancel your subscription through your Apple ID Account Settings. Cancellation will take effect at the end of the current billing period.
Refunds
All purchases are handled by Apple. For refund requests, please contact Apple Support directly.
8. Prohibited Conduct
You agree not to:
- Use the App for any unlawful purpose or in violation of any applicable laws
- Impersonate any person or entity or misrepresent your affiliation
- Interfere with or disrupt the App or servers or networks connected to the App
- Attempt to gain unauthorized access to any portion of the App or any other systems or networks
- Use any automated means to access the App or collect data from it
- Transmit any viruses, malware, or other harmful code
- Harass, abuse, or harm other users
- Post or transmit any content that is defamatory, obscene, or otherwise objectionable
- Use the App in any manner that could damage, disable, or impair it
9. Intellectual Property
The App and its original content, features, and functionality are owned by FanScorecards and are protected by international copyright, trademark, patent, trade secret, and other intellectual property laws.
The FanScorecards name, logo, and all related names, logos, product and service names, designs, and slogans are trademarks of FanScorecards. You may not use such marks without our prior written permission.
In the event of any third-party claim that the App or your possession and use of the App infringes that third party's intellectual property rights, FanScorecards, not Apple, will be solely responsible for the investigation, defense, settlement, and discharge of any such intellectual property infringement claim.
10. Third-Party Services
The App may contain links to third-party websites or services that are not owned or controlled by us. We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third-party websites or services.
11. Product Claims
FanScorecards, not Apple, is responsible for addressing any claims you or any third party may have relating to the App or your possession and/or use of the App, including but not limited to:
- Product liability claims
- Any claim that the App fails to conform to any applicable legal or regulatory requirement
- Claims arising under consumer protection, privacy, or similar legislation, including in connection with the App's use of HealthKit and HomeKit frameworks, if applicable
12. Disclaimers
THE APP IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
We do not warrant that:
- The App will be uninterrupted, secure, or error-free
- The results obtained from using the App will be accurate or reliable
- Any errors in the App will be corrected
Apple Warranty Disclaimer
In the event of any failure of the App to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the App to you (if applicable). To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App. Any other claims, losses, liabilities, damages, costs, or expenses attributable to any failure to conform to any warranty will be FanScorecards' sole responsibility.
13. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL FANSCORECARDS, ITS AFFILIATES, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM YOUR ACCESS TO OR USE OF (OR INABILITY TO ACCESS OR USE) THE APP.
14. Indemnification
You agree to indemnify, defend, and hold harmless FanScorecards and its officers, directors, employees, agents, and affiliates from and against any and all claims, damages, obligations, losses, liabilities, costs, or debt, and expenses arising from:
- Your use of the App
- Your violation of these Terms
- Your violation of any third-party right, including any intellectual property or privacy right
- Any claim that your User Content caused damage to a third party
15. Legal Compliance
You represent and warrant that:
- You are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country
- You are not listed on any U.S. Government list of prohibited or restricted parties
16. Termination
We may terminate or suspend your account and access to the App immediately, without prior notice or liability, for any reason, including if you breach these Terms.
Upon termination:
- Your right to use the App will immediately cease
- You must delete all copies of the App from your devices
- We may delete your account and User Content
All provisions of these Terms that by their nature should survive termination shall survive, including ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
17. Third Party Beneficiaries
You acknowledge and agree that Apple, and Apple's subsidiaries, are third-party beneficiaries of these Terms, and that, upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary thereof.
18. Governing Law
These Terms shall be governed by and construed in accordance with the laws of the United States, without regard to its conflict of law provisions.
Any disputes arising from these Terms or your use of the App shall be resolved exclusively in the courts located within the United States.
19. Changes to Terms
We reserve the right to modify or replace these Terms at any time at our sole discretion. If a revision is material, we will provide at least 30 days' notice prior to any new terms taking effect.
Your continued use of the App after any changes to these Terms constitutes acceptance of those changes.
20. Severability
If any provision of these Terms is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced to the fullest extent under law.
21. Entire Agreement
These Terms, together with our Privacy Policy, constitute the entire agreement between you and FanScorecards regarding the use of the App and supersede all prior agreements and understandings.
22. Contact Us
If you have any questions about these Terms, please contact us at:
Luke Bowman
International House
64 Nile Street
London, N1 7SR
United Kingdom
Phone: +44 7534 791212
Email: luke@fanscorecards.com