Terms of Service

1.1 Who we are.

Bleacher Notes is operated by Berkeley Blvd., LLC, a Wisconsin limited liability company with an address at 400 E. Lexington Blvd., Whitefish Bay, WI 53217.

1.2 What the Services do.

Bleacher Notes is a voice-first scorekeeping platform for youth baseball and softball. It allows authorized adults to manage Team rosters, capture voice narration of plays during a game, generate transcripts and structured scoring data, compute statistics, and share reports within the Team. Some features require a paid subscription, as described in Section 4.

1.3 Acceptance and eligibility.

You may use the Services only if you (i) are at least 13 years old, (ii) are of legal age to form a binding contract in your jurisdiction (or, if you are a minor at least 13 but under the age of majority, have your parent's or legal guardian's permission to use the Services and to be bound by these Terms), and (iii) are not barred from using the Services under U.S. or other applicable law. If you are accepting these Terms on behalf of a team, league, organization, or other entity, you represent that you have the authority to bind that entity to these Terms, and "you" includes both you and that entity.

1.4 Order of precedence.

Your relationship with us is governed by these Terms, the Privacy Policy, and any additional posted policies, in-product notices, or order forms that we make available. If a separate written agreement signed by an authorized officer of Berkeley Blvd., LLC expressly supersedes these Terms, that agreement controls to the extent of the conflict.

1.5 Changes to these Terms.

We may modify these Terms at any time. When we do, we will revise the "Last Updated" date above and, for material changes, will provide additional notice (for example, an in-app banner or an email to the address on file). Changes are effective as of the date we post them, except that material changes to the dispute resolution provisions in Section 11 will not apply retroactively to claims that arose before the change. If you do not agree to a change, your only remedy is to stop using the Services and cancel any subscription.

2.1 User categories.

The Services recognize the following categories of users, each with the meaning given in the Privacy Policy: Registered Users, Coaches / Team Admins, Parents / Guest Users, and Visitors. Players do not have accounts.

2.2 User Content.

Information that users post, upload, transmit, or otherwise make available through the Services — including team and roster information, voice narration, transcripts, scoring corrections, game notes, profile pictures, and messages — is referred to as "User Content."

2.3 Coach / Team Admin responsibility.

Coaches and Team Admins control their Team. They are responsible for the User Content they post and for managing roster invitations, lineup decisions, and team communications. We are not a party to the relationship between a Coach and the members of their Team and do not endorse, supervise, or guarantee any Coach's actions.

2.4 Not the official scorer.

Bleacher Notes is a scorekeeping aid. It is not the official scorer of any game, league, tournament, or governing body, and its transcripts, statistics, and outputs are not official records. Official statistics, eligibility, standings, and game outcomes are determined by the applicable league or official scorer, not by the Services. You are responsible for reviewing and correcting any output before relying on it for any official, competitive, or disciplinary purpose.

3.1 General responsibilities.

You represent and warrant that:

(a) all information you provide is true, accurate, current, and complete, and you will keep it up to date;
(b) you will use the Services only for lawful purposes and in accordance with these Terms;
(c) you own or have all necessary rights, consents, permissions, and licenses to post any User Content you provide, and your User Content does not violate any law or any third party's rights;
(d) you have obtained any consents required to record audio at the location where you use the Services, including consents from other adults present, and you have made any disclosures and obtained any consents required by applicable wiretap, eavesdropping, two-party- or all-party-consent, and biometric privacy laws (such as the Illinois Biometric Information Privacy Act) before recording;
(e) you will not post personal information about any other person — including any Player — unless you have the right to do so under applicable law (see Section 3.2);
(f) you are solely responsible for any device, network, and data charges associated with your use of the Services.

3.2 Player information and parental consent.

The Services exist to record information about youth athletes, many of whom are under 13. If you post information about a Player, you represent and warrant that you are (i) the Player's parent or legal guardian, or (ii) a Coach or other adult who has obtained verifiable consent from the Player's parent or legal guardian to enter that information into the Services for scorekeeping and team communication purposes. If consent is withdrawn, you will promptly remove the Player from your Team or contact us at hello@bleachernotes.com so that we can assist.

You further represent that voice narration you record will not intentionally include sensitive information about a Player (such as a home address, school name, last name, medical information, or other directly identifying details beyond what is reasonably necessary to identify the play).

3.3 Account security.

You are responsible for safeguarding your login credentials and for all activity that occurs under your account. You must not share your account with anyone else, create an account for someone other than yourself (except where a parent registers themselves and a Player as part of normal use of the Services), or impersonate another person. Notify us immediately at hello@bleachernotes.com if you believe your account has been accessed without your authorization.

3.4 Prohibited activities.

You agree not to:

(a) violate any law, regulation, or third-party right;
(b) post content that is unlawful, infringing, defamatory, libelous, obscene, sexually explicit, hateful, threatening, harassing, abusive, bullying, discriminatory, or otherwise inappropriate, particularly in any context involving minors;
(c) use the Services to harass, intimidate, dox, stalk, or threaten any person, including other Coaches, Parents, Players, opposing teams, or umpires;
(d) attempt to gain access to any account, Team, or data that does not belong to you;
(e) reverse engineer, decompile, disassemble, or attempt to derive the source code of the Services, except to the extent that applicable law expressly prohibits this restriction;
(f) probe, scan, or test the vulnerability of the Services, or breach or circumvent any security or authentication measures;
(g) use any robot, scraper, crawler, or other automated means to access the Services or to extract data from the Services, except for publicly available content via standards-compliant search engine crawlers;
(h) interfere with, disrupt, or impose an unreasonable load on the Services or our infrastructure, including by sending spam or denial-of-service traffic;
(i) introduce viruses, worms, malware, or other harmful code into the Services;
(j) use the Services to develop a competing product or service, or to train, improve, or evaluate any artificial intelligence or machine learning model that is not part of the Services;
(k) remove, obscure, or alter any proprietary notices, branding, or attributions on or in the Services;
(l) resell, sublicense, rent, lease, or otherwise commercialize the Services without our prior written consent;
(m) use the Services in connection with any wagering, gambling, or fantasy sports activity that involves youth athletes; or
(n) encourage or facilitate any of the foregoing.

We may suspend or terminate your access for any violation, refer suspected illegal activity to law enforcement, and pursue any other remedy available to us at law or in equity.

4.1 Free and paid tiers.

The core scorekeeping features of the Services are offered free of charge. Certain enhanced features (such as coach analytics, matchup intelligence, fatigue indicators, and lineup suggestions) are available only through a paid subscription (the "Coach Subscription"). We may add, remove, or modify free and paid features at any time. We will not retroactively charge you for a feature that you have already received free of charge in a billing period, but we may begin charging for that feature in a future billing period upon notice.

4.2 Billing through app stores.

Coach Subscriptions are sold and billed through the Apple App Store, Google Play, or another payment platform we may use in the future (each, a "Payment Platform"). When you purchase a subscription:

(a) the Payment Platform's terms govern your payment, including authorization, billing, automatic renewal, taxes, and refunds;
(b) the Payment Platform — not Bleacher Notes — charges your payment method, and we do not receive or store your full payment card or bank information;
(c) the subscription renews automatically at the end of each billing period at the then-current price unless you cancel before the renewal date;
(d) you can manage and cancel your subscription only through the Payment Platform settings on the device that purchased it (for example, in your Apple ID subscriptions or Google Play subscriptions). We are not able to cancel a Payment Platform subscription on your behalf.

4.3 Prices and changes.

We may change subscription prices and offerings from time to time. Any price change will apply only to billing periods that begin after the change. If you do not agree to a price change, you may cancel before the next renewal.

4.4 Refunds.

Except as required by law or expressly stated in writing, all payments are non-refundable. Refund requests are handled by the applicable Payment Platform under its policies. If you believe you have been billed in error, contact us at hello@bleachernotes.com within 30 days of the charge and we will work with you in good faith to investigate.

4.5 Free trials and promotional offers.

If we offer a free trial, promotional rate, or discount, the specific terms of that offer will be presented at the time of signup and will control as to that offer. Unless otherwise stated, a free trial that you do not cancel before its expiration will automatically convert to a paid subscription at the then-current price.

4.6 Taxes.

Subscription prices are exclusive of taxes unless otherwise stated. You are responsible for any sales, use, value-added, or similar taxes assessed on your purchase, other than taxes based on our net income.

4.7 No merchandise.

Bleacher Notes does not currently sell physical goods. If we begin to sell physical goods in the future, separate terms for those goods will be presented at checkout.

5.1 Your license to us.

You retain ownership of your User Content. By posting User Content to the Services, you grant Berkeley Blvd., LLC and its subsidiaries and affiliates a worldwide, non-exclusive, royalty-free, sublicensable, transferable license to host, store, reproduce, modify (for example, to create derivative works such as transcripts and structured plays from voice audio, to resize images, or to compute statistics), display, transmit, distribute, and otherwise use that User Content for the purpose of operating, maintaining, securing, and improving the Services and providing them to you and the other authorized members of your Team. We will not use your User Content for any other purpose without your consent, except to the extent permitted by applicable law and the Privacy Policy.

This license continues for as long as your User Content remains on the Services. It survives the deletion of your account only to the extent necessary to (i) operate backups, (ii) preserve the integrity of records of Games that occurred before deletion, and (iii) comply with our legal obligations.

5.2 Feedback.

If you send us suggestions, ideas, feature requests, or other feedback about the Services, you grant us a perpetual, irrevocable, worldwide, royalty-free, fully sublicensable license to use and exploit that feedback for any purpose, without obligation or compensation to you.

5.3 Our license to you.

Subject to your compliance with these Terms, we grant you a limited, personal, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Services for your personal, non-commercial use (or, if you are a Coach using the Services to administer a youth baseball or softball team, for that purpose).

5.4 Our intellectual property.

The Services, including all software, text, graphics, audio, video, user interfaces, layouts, and the "Bleacher Notes" name and logo, are owned by Berkeley Blvd., LLC or our licensors and are protected by U.S. and international intellectual property laws. Except for the limited license granted in Section 5.3, no rights are granted to you by implication, estoppel, or otherwise.

5.5 Removal of content.

We may, but are not obligated to, review User Content. We reserve the right to remove or refuse to display any User Content for any reason, including content that we believe in good faith violates these Terms, that risks the safety or privacy of a Player, or that we are legally required to remove.

5.6 Service availability.

The Services may be temporarily unavailable due to maintenance, upgrades, infrastructure outages, or events beyond our reasonable control. We are not a backup service. You are responsible for preserving any User Content that is important to you, and you agree that you will not rely on the Services as the sole copy of any User Content you cannot afford to lose.

The Services depend on, and may link to or interoperate with, third-party services, including app stores (Apple App Store, Google Play), identity providers (Apple, Google), cloud infrastructure (Google Cloud / Firebase), AI providers (OpenAI, Anthropic), email delivery (Resend), and others described in the Privacy Policy. Your use of those third-party services is governed by their own terms and privacy policies. We are not responsible for the acts or omissions of those third parties, and links to third-party services do not constitute an endorsement.

If you download the Bleacher Notes app from the Apple App Store, you acknowledge and agree that these Terms are between you and Berkeley Blvd., LLC, not Apple, and that Apple has no obligation to provide maintenance or support for the app. Apple and its subsidiaries are third-party beneficiaries of these Terms and may enforce them against you. Equivalent provisions apply to other Payment Platforms to the extent required by their developer agreements.

No affiliation. Bleacher Notes is an independent product. We are not affiliated with, endorsed by, or sponsored by Major League Baseball, USA Baseball, Little League Baseball, USSSA, PONY, Babe Ruth League, any other league or governing body, or GameChanger Media, Inc. or DICK'S Sporting Goods. "GameChanger," "Apple," "Google," and other product and company names are trademarks of their respective owners and are used only to describe interoperability or compatibility; their use does not imply any endorsement or partnership.

From time to time, we may offer experimental or "beta" features. Beta features are provided "as is" and may be modified or discontinued at any time. Information about beta features, including your feedback, is confidential and may not be disclosed to third parties without our consent.

8.1 DMCA / takedown notices.

If you believe that any User Content on the Services infringes your copyright, please send a notice of claimed infringement under the Digital Millennium Copyright Act ("DMCA") to our designated agent:

Berkeley Blvd., LLC
Attn: DMCA Agent — Bleacher Notes
400 E. Lexington Blvd.
Whitefish Bay, WI 53217
Email: hello@bleachernotes.com

Your notice must include the elements required by 17 U.S.C. §512(c)(3): (i) your physical or electronic signature; (ii) identification of the copyrighted work; (iii) identification of the allegedly infringing material and information sufficient for us to locate it; (iv) your contact information; (v) a statement of good-faith belief that the use is not authorized; and (vi) a statement under penalty of perjury that the information in the notice is accurate and that you are authorized to act for the copyright owner. We may forward your notice to the user who posted the material and may terminate the accounts of repeat infringers.

8.2 Other reports.

To report other violations of these Terms (for example, harassment, impersonation, or safety concerns involving a minor), contact hello@bleachernotes.com.

The Services are provided from and controlled by us in the United States. We make no representation that the Services are appropriate or available for use outside the United States. If you access the Services from outside the United States, you do so at your own risk and are responsible for complying with local laws.

10.1 Disclaimer.

TO THE FULLEST EXTENT PERMITTED BY LAW, THE SERVICES, INCLUDING ALL SOFTWARE, CONTENT, MATERIALS, AND USER CONTENT, ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE OF TRADE.

WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE FROM HARMFUL COMPONENTS, OR THAT VOICE TRANSCRIPTION, PLAY PARSING, OR STATISTICAL OUTPUTS WILL BE ACCURATE OR COMPLETE. THE SERVICES ARE A SCOREKEEPING AID; YOU ARE RESPONSIBLE FOR REVIEWING AND CORRECTING ANY OUTPUT BEFORE RELYING ON IT FOR ANY OFFICIAL PURPOSE.

WE DO NOT ENDORSE, VERIFY, OR GUARANTEE ANY USER CONTENT POSTED TO THE SERVICES BY ANY USER, INCLUDING COACHES, PARENTS, OR ORGANIZATIONS.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES; THE ABOVE EXCLUSIONS APPLY TO YOU TO THE GREATEST EXTENT PERMITTED BY LAW.

10.2 Limitation of liability.

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL BERKELEY BLVD., LLC OR OUR OFFICERS, MEMBERS, EMPLOYEES, AGENTS, AFFILIATES, OR SUPPLIERS BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, GOODWILL, DATA, OR BUSINESS OPPORTUNITY, ARISING OUT OF OR RELATING TO THE SERVICES OR THESE TERMS, WHETHER BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR ANY OTHER THEORY, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

OUR AGGREGATE LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE SERVICES OR THESE TERMS WILL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID US, IF ANY, FOR THE SERVICES IN THE 12 MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED U.S. DOLLARS ($100).

THE FOREGOING LIMITATIONS APPLY EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES; TO THAT EXTENT, THE LIMITATIONS IN THIS SECTION MAY NOT APPLY TO YOU.

10.3 Indemnification.

You will defend, indemnify, and hold harmless Berkeley Blvd., LLC and our officers, members, employees, agents, and affiliates from and against any third-party claims, damages, liabilities, losses, costs, and expenses (including reasonable attorneys' fees) arising out of or relating to (i) your User Content, (ii) your use of the Services, (iii) your breach of these Terms or any representation or warranty you make in them, (iv) your violation of any law or any third party's rights, including any claim by or on behalf of a Player or a Player's parent or guardian arising from User Content you posted, and (v) any dispute between you and another user. We may, at our option, assume the exclusive defense and control of any matter subject to indemnification, in which case you will cooperate with us at your expense. You will not settle any matter without our prior written consent.

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT AND TO PARTICIPATE IN A CLASS ACTION.

11.1 Governing law.

These Terms and any dispute arising out of or relating to them or to the Services will be governed by the laws of the State of Wisconsin, without regard to its conflict-of-laws rules. The United Nations Convention on Contracts for the International Sale of Goods does not apply.

11.2 Informal resolution.

Before initiating arbitration or filing a lawsuit, you agree to first contact us at hello@bleachernotes.com with a description of your claim and to give us at least 60 days to attempt to resolve the dispute informally. If we have a dispute with you, we will do the same.

11.3 Binding individual arbitration.

If we cannot resolve a dispute informally, the dispute (other than those carved out in Section 11.5) will be resolved by final, binding, individual arbitration administered by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules then in effect (the "Rules"). The arbitration will be conducted by a single arbitrator selected under the Rules. The arbitration will be held in Milwaukee, Wisconsin, except that (i) if your claim is for less than $10,000, you may elect to have the arbitration conducted by telephone, by video, or based solely on written submissions, and (ii) you may request that the arbitration be held in the U.S. county where you reside. Judgment on the arbitrator's award may be entered in any court of competent jurisdiction.

11.4 Arbitration fees.

Filing and administrative fees for the arbitration will be governed by the AAA Rules, except that we will pay any fees that exceed what you would have paid as a filing fee in a court of competent jurisdiction, up to the amount required by the AAA Rules. Each party will bear its own attorneys' fees and costs, except as the arbitrator may otherwise award under applicable law.

11.5 Exceptions.

Notwithstanding Section 11.3, either party may (i) bring an individual action in small-claims court in a venue where personal jurisdiction and venue are proper, and (ii) seek injunctive or other equitable relief in any court of competent jurisdiction to protect intellectual property, confidentiality, or account-security rights.

11.6 Class action waiver.

YOU AND BERKELEY BLVD., LLC AGREE THAT EACH PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, CONSOLIDATED, REPRESENTATIVE, OR PRIVATE-ATTORNEY-GENERAL ACTION. Unless both parties agree otherwise, the arbitrator may not consolidate the claims of more than one person and may not preside over any form of representative or class proceeding. If this class-action waiver is found to be unenforceable as to any particular claim, that claim — and only that claim — will be severed and adjudicated in the courts identified in Section 11.7, and the remainder of this Section 11 will remain in effect.

11.7 Forum for non-arbitrable claims.

For any claim that is not subject to arbitration (including claims permitted under Section 11.5 or held non-arbitrable by a court), you and Berkeley Blvd., LLC agree to submit to the exclusive jurisdiction and venue of the state and federal courts located in Milwaukee County, Wisconsin, and waive any objection based on forum non conveniens or lack of personal jurisdiction.

11.8 30-day right to opt out.

You may opt out of this Section 11 (other than the governing-law provision in Section 11.1) by sending written notice of your decision to opt out within 30 days after the date you first accept these Terms. The notice must be sent to: Berkeley Blvd., LLC, Attn: Arbitration Opt-Out, 400 E. Lexington Blvd., Whitefish Bay, WI 53217, or by email to hello@bleachernotes.com with the subject line "Arbitration Opt-Out." The notice must include your full name, the email address associated with your account, and a clear statement that you wish to opt out. Opting out will not affect any other portion of these Terms.

11.9 One-year limitations period.

To the extent permitted by applicable law, any claim arising out of or relating to the Services or these Terms must be filed within one (1) year after the cause of action accrues; otherwise the claim is permanently barred.

11.10 Survival.

This Section 11 will survive any termination of these Terms or your use of the Services.

12.1 By you.

You may stop using the Services and delete your account at any time, as described in the Privacy Policy.

12.2 By us.

We may suspend or terminate your access to all or part of the Services at any time, with or without cause and with or without notice, including if we believe in good faith that you have violated these Terms, that suspension or termination is necessary to protect us, our users, or third parties, or that we are required to do so by law. We will use reasonable efforts to notify you of a termination, except in cases of suspected fraud, abuse, or threats to safety.

12.3 Effect of termination.

On termination, your right to access the Services ends and we may delete your account and User Content as described in the Privacy Policy. The following sections survive termination: 3 (Your Responsibilities, with respect to representations already made), 4.4 (Refunds), 5 (Ownership, Rights and Obligations), 6 (Third-Party Services), 8 (Copyright and Other Violations), 9 (Services Controlled From the United States), 10 (Disclaimer of Warranties; Limitation of Liability; Indemnification), 11 (Governing Law; Dispute Resolution; Arbitration; Class Action Waiver), 13 (General Provisions), and 14 (Contact).

13.1 Entire agreement.

These Terms, together with the Privacy Policy and any other policies expressly incorporated, constitute the entire agreement between you and Berkeley Blvd., LLC regarding the Services and supersede all prior or contemporaneous agreements, communications, and proposals, whether oral or written.

13.2 No waiver.

Our failure to enforce any provision of these Terms is not a waiver of that provision or of any other provision.

13.3 Severability.

If any provision of these Terms is held unenforceable, that provision will be modified to the minimum extent necessary to make it enforceable, and the remaining provisions will continue in full force and effect.

13.4 Assignment.

You may not assign these Terms or any of your rights or obligations under them without our prior written consent, and any attempted assignment without that consent is void. We may assign these Terms in connection with a merger, acquisition, financing, reorganization, sale of assets, or by operation of law.

13.5 No third-party beneficiaries.

Except as expressly stated in Section 6 with respect to Apple and other Payment Platforms, these Terms do not create any third-party beneficiary rights.

13.6 Independent contractors.

You and Berkeley Blvd., LLC are independent contractors. Nothing in these Terms creates a partnership, joint venture, agency, or employment relationship between us.

13.7 Force majeure.

We will not be liable for any failure or delay in performance caused by events beyond our reasonable control, including acts of God, war, terrorism, civil unrest, labor disputes, fire, flood, pandemic, governmental action, internet or infrastructure outages, or denial-of-service attacks.

13.8 Notices.

We may provide notices to you by email to the address on file with your account, by in-app message, or by posting on bleachernotes.com. You may provide notices to us by email to hello@bleachernotes.com or by mail to the address in Section 14.

13.9 Open source.

Portions of the Services include third-party open source software. Open source software is licensed under its own license terms, which are made available on request or as required by the applicable license. Where an open source license conflicts with these Terms, the open source license controls solely with respect to the relevant open source component.

13.10 Government use.

The Services are "commercial items" as defined in 48 C.F.R. §2.101. If you are an agency of the U.S. government, your rights are limited to those granted in these Terms.

13.11 Export controls.

You agree to comply with all applicable U.S. export and re-export control laws and regulations. You represent that you are not located in, and are not a national or resident of, any country subject to comprehensive U.S. sanctions and that you are not on any U.S. government list of restricted persons.

If you have questions about these Terms, please contact us:

Berkeley Blvd., LLC
Attn: Bleacher Notes Legal
400 E. Lexington Blvd.
Whitefish Bay, WI 53217
United States
Email: hello@bleachernotes.com
Phone: 414-308-3307