Terms of Service

1. Acceptance of Terms

These Terms and Conditions ("Terms") constitute a legally binding agreement between you, whether personally or on behalf of an entity ("you," "User," "Player," or "Captain"), and Baab Sport LLC, a Pennsylvania limited liability company ("Baab Sport," "Company," "we," "us," or "our"), concerning your access to and use of the Baab Sport mobile application, website, and related services (collectively, the "Service").

BY CREATING AN ACCOUNT, ACCESSING, OR USING THE SERVICE, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY ALL OF THESE TERMS AND OUR PRIVACY POLICY. If you do not agree with all of these Terms, you are expressly prohibited from using the Service and must discontinue use immediately.

We reserve the right to make changes to these Terms at any time and for any reason. We will alert you about any changes by updating the "Last Updated" date of these Terms. You waive any right to receive specific notice of each such change. It is your responsibility to periodically review these Terms to stay informed of updates. You will be subject to, and will be deemed to have been made aware of and to have accepted, the changes in any revised Terms by your continued use of the Service after the date such revised Terms are posted.

2. Eligibility & User Accounts

2.1 Age Restrictions

• The Service is intended for users who are at least 13 years of age.
• Users between the ages of 13 and 18 must have verifiable permission from a parent or legal guardian to use the Service.
• Users under 13 years of age are strictly prohibited from creating accounts or using the Service, in compliance with the Children's Online Privacy Protection Act (COPPA).
• By using the Service, you represent and warrant that you meet the applicable age requirements.

2.2 Account Registration

To access certain features of the Service, you must register for an account. When registering, you agree to:

• Provide true, accurate, current, and complete information during registration (including but not limited to: full name, phone number, email address, date of birth, skill level, preferred playing position, and location).
• Verify your phone number as required to complete registration and access certain features.
• Maintain and promptly update your account information to keep it accurate and complete.
• Not create multiple accounts or accounts on behalf of others without authorization.

2.3 Account Security

• You are solely responsible for maintaining the confidentiality of your login credentials.
• You are fully responsible for all activities that occur under your account.
• You agree to immediately notify us of any unauthorized use of your account or any other breach of security at support@baabsport.com.
• We will not be liable for any loss or damage arising from your failure to protect your account credentials.

2.4 Account Termination

We reserve the right to suspend, disable, or terminate your account at any time, with or without notice, for any reason, including but not limited to:

• Violation of these Terms
• Fraudulent, abusive, or illegal activity
• Conduct harmful to other Users, Venues, or Baab Sport
• Extended periods of inactivity
• Upon your request

3. The Service

3.1 Platform Description

Baab Sport operates as a technology platform that:

• Connects players with sports facilities ("Venues" or "Fields") for booking purposes
• Facilitates match-making between players for pickup games
• Enables organization of teams and tournaments
• Provides in-app communication features
• Processes payments for field rentals, match participation, and tournament registration

3.2 No Agency, Employment, or Ownership

• We do not own, operate, manage, or control any Venues.
• We are not a party to any rental, participation, or usage agreement between Users and Venues.
• We do not employ, supervise, or direct any Venue staff or personnel.
• Users and Venues are independent third parties, and Baab Sport is not responsible for their actions, omissions, or conduct.

3.3 Match Types

The Service supports the following match types:

a) Pickup Matches

• Casual games organized by a "Captain" (match organizer)
• Open to public or private (invite-only)
• Supported formats include 5v5, 6v6, 7v7, 8v8, 9v9, 10v10, and 11v11
• Captain is responsible for field booking payment; players pay their share to participate

b) Tournament Matches

• Organized competitive events created by Baab Sport administrators
• Team-based registration with entry fees
• Formats include League (double round-robin) and Groups + Playoffs
• Teams have a fixed roster size of 18 players with 4 bench spots per match

3.4 Service Disclaimers

While we facilitate the organization of matches, tournaments, and team activities, we do not guarantee that:

• A match or tournament will take place as scheduled
• A specific number of players will attend any match
• A Venue will remain available or in suitable condition
• Any particular outcome or experience will result from your use of the Service

4. Payments, Fees & Credits

4.1 Payment Processing

• All payments are processed through Stripe, a third-party payment processor.
• By making a payment, you agree to Stripe's terms of service.
• Baab Sport does not store full credit card numbers or CVV codes on our servers.
• You authorize us to charge your selected payment method for all fees and charges incurred.

4.2 Fee Structure

Payments through our platform may include:

• Field Amount: The base cost of field rental or your share thereof
• Service Fee: A platform fee charged by Baab Sport (percentage + fixed fee)
• Applicable Taxes: Sales tax or other taxes as required by law based on your location

4.3 Captain Payment Flow

When a Captain creates a match:

• For matches within 7 days: Full payment authorization (hold) is required at the time of booking
• For matches more than 7 days away: A reservation is created with payment method saved for later charge
• The Captain's final charge is calculated after the match based on total field cost minus amounts collected from participating players

4.4 Player Payment Flow

When a Player joins a match:

• Payment is required at the time of joining
• Players pay their per-player share plus applicable service fee and taxes
• Credits may only be applied to the field share portion; service fees and taxes must be paid by card

4.5 Tournament Registration Payments

• Tournament entry fees are collected through a split payment system
• Only team members may contribute to registration payments
• Registration becomes active only when the full required amount is collected
• A service fee applies to each contribution payment

4.6 Baab Credits

We may issue digital credits ("Baab Credits") for refunds, promotions, adjustments, or goodwill gestures.

Credit Terms:

• Credits have no cash value outside the Service
• Credits are non-transferable between accounts
• Credits cannot be redeemed for cash unless required by applicable law
• Credits may only be applied toward the field cost portion of payments
• Credits may expire after a period of inactivity as determined by Baab Sport
• Unused credits are forfeited upon account termination
• We reserve the right to adjust, expire, or revoke credits at our sole discretion in cases of fraud, abuse, or error

4.7 Refund Policy

a) Pickup Match Cancellations by Captain

If a Captain cancels a scheduled match:

• All participating players will receive a full refund (card payments refunded, credits restored)
• The Captain's hold payment will be voided

b) Player Withdrawal from Matches

• Withdrawal timing and refund eligibility are subject to the Venue's cancellation policy
• Late cancellations (typically within 24 hours of match time) are generally non-refundable
• Refunds, when applicable, will be issued to the original payment method or as Baab Credits

c) No-Shows

• Failure to attend a match you have paid for results in forfeiture of the full fee
• No refunds or credits will be issued for no-shows

d) Tournament Fees

• Tournament registration fees are non-refundable once the tournament schedule is published
• Exceptions may be granted at Baab Sport's sole discretion for extenuating circumstances
• If a tournament is cancelled by Baab Sport, refunds will be processed within 30 business days

e) Chargebacks

• Initiating a chargeback or payment dispute without first attempting resolution through our support team may result in immediate account suspension and potential collection action

5. User Conduct & Community Standards

5.1 General Conduct

By using the Service, you agree to:

• Treat all Users, Venue staff, and Baab Sport personnel with respect
• Provide accurate information about your skill level, age, and other profile details
• Arrive on time for matches you have committed to attend
• Follow all rules and regulations of the Venues you visit
• Comply with all applicable local, state, and federal laws

5.2 Prohibited Activities

You agree NOT to:

• Harass, threaten, intimidate, stalk, or abuse other Users or Venue staff
• Send spam, unsolicited communications, or offensive content
• Post, transmit, or share content that is illegal, defamatory, obscene, or harmful
• Impersonate any person or entity or misrepresent your affiliation
• Cheat, manipulate rankings, ratings, or game outcomes
• Abuse the reporting or review system
• Create multiple accounts to circumvent bans or restrictions
• Use the Service for any commercial purpose without authorization
• Attempt to access, tamper with, or use non-public areas of the Service
• Introduce viruses, malware, or other harmful code
• Scrape, harvest, or collect User data without consent
• Circumvent any security measures or access controls
• Use automated systems (bots, scrapers) to access the Service

5.3 Chat & Communication Rules

The Service includes messaging features. When using chat, you agree NOT to:

• Send harassing, threatening, or abusive messages
• Share personal information of others without consent
• Distribute spam, advertisements, or promotional content
• Post illegal, offensive, or inappropriate content
• Attempt to solicit Users for activities outside the platform that violate these Terms

5.4 Enforcement & Penalties

Baab Sport reserves the right to:

• Issue warnings for minor violations
• Temporarily suspend accounts
• Permanently ban accounts for serious or repeated violations
• Remove or restrict access to specific features
• Report illegal activity to law enforcement

All enforcement actions are at our sole discretion and without refund of any fees paid.

6. Assumption of Risk & Liability Waiver

6.1 Acknowledgment of Physical Activity Risks

BY USING THE SERVICE AND PARTICIPATING IN ANY SPORTS ACTIVITIES FACILITATED THROUGH THE SERVICE, YOU ACKNOWLEDGE AND VOLUNTARILY ASSUME ALL RISKS ASSOCIATED WITH SUCH ACTIVITIES, INCLUDING BUT NOT LIMITED TO:

• Physical injury (sprains, fractures, dislocations, torn ligaments)
• Concussions and traumatic brain injuries
• Cardiac events (heart attack, stroke, sudden cardiac arrest)
• Heat-related illness (heat stroke, dehydration)
• Communicable disease exposure
• Permanent disability
• Death

6.2 Fitness Representation

You represent and warrant that:

• You are physically fit and able to participate in sports activities
• You have no medical conditions that would make participation dangerous
• You have consulted with a physician if you have any concerns about your ability to participate safely
• You will immediately cease participation and seek medical attention if you experience any symptoms of injury or illness

6.3 Venue Conditions

Baab Sport is NOT responsible for:

• The condition of any field, court, or playing surface
• The quality, safety, or availability of equipment
• The adequacy of lighting, fencing, or other facilities
• Actions, omissions, or negligence of Venue owners, operators, or staff
• Security or lack thereof at any Venue
• Parking lot conditions or vehicle safety
• Weather-related hazards

6.4 Interactions with Other Users

Baab Sport is NOT responsible for:

• The conduct, actions, or omissions of any User
• Disputes, altercations, or disagreements between Users
• Injuries caused by other Users, whether intentional or accidental
• Property damage or theft by other Users
• The accuracy of any User's profile, skill level, or other representations

6.5 Release and Waiver of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU HEREBY RELEASE, WAIVE, DISCHARGE, AND COVENANT NOT TO SUE Baab Sport LLC, its members, managers, officers, directors, employees, agents, affiliates, successors, and assigns (collectively, "Released Parties") from any and all liability, claims, demands, actions, or causes of action whatsoever arising out of or related to any loss, damage, or injury, including death, that may be sustained by you, or to any property belonging to you, while participating in any activity facilitated through the Service, whether caused by the negligence of the Released Parties or otherwise.

6.6 Limitation of Liability

IN NO EVENT SHALL BAAB SPORT LLC BE LIABLE FOR ANY:

• Direct, indirect, incidental, special, consequential, or punitive damages
• Loss of profits, revenue, data, or business opportunities
• Personal injury or property damage
• Damages arising from disputes between Users
• Damages arising from disputes between Users and Venues
• Any other damages arising from your use of the Service

THE TOTAL LIABILITY OF BAAB SPORT LLC FOR ANY CLAIM ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE SHALL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID TO BAAB SPORT IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM, OR (B) ONE HUNDRED DOLLARS ($100).

7. No Insurance Provided

BAAB SPORT DOES NOT PROVIDE ANY INSURANCE OF ANY KIND, including but not limited to:

• Health insurance
• Accident insurance
• Liability insurance
• Property insurance
• Travel insurance

You are solely responsible for obtaining appropriate insurance coverage for any activities you participate in through the Service. We strongly recommend that all Users maintain adequate health and accident insurance.

8. Indemnification

You agree to defend, indemnify, and hold harmless Baab Sport LLC, its members, managers, officers, directors, employees, agents, affiliates, successors, and assigns from and against any and all claims, damages, obligations, losses, liabilities, costs, and expenses (including but not limited to attorney's fees) arising from:

• Your use of and access to the Service
• Your violation of any term of these Terms
• Your violation of any third-party right, including any intellectual property, privacy, or proprietary right
• Your violation of any applicable law, rule, or regulation
• Your participation in any match, tournament, or other activity facilitated through the Service
• Any claim that your content caused damage to a third party
• Your interaction with any other User or Venue
• Any dispute between you and any other User or Venue

This indemnification obligation will survive the termination of these Terms and your use of the Service.

9. Intellectual Property

9.1 Baab Sport's Intellectual Property

All content, features, and functionality of the Service, including but not limited to:

• The Baab Sport name, logo, and branding
• Software, code, and algorithms
• Text, graphics, images, and designs
• User interface and user experience design
• Audio, video, and other multimedia content

...are owned by Baab Sport LLC or its licensors and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property laws.

9.2 User Content License

By uploading, posting, or submitting any content to the Service (including profile photos, team logos, messages, and other materials), you grant Baab Sport a non-exclusive, worldwide, royalty-free, sublicensable, transferable license to use, reproduce, modify, adapt, publish, translate, distribute, and display such content solely for the purposes of operating, promoting, and improving the Service.

You represent and warrant that:

• You own or have the necessary rights to grant this license
• Your content does not infringe any third-party rights
• Your content complies with these Terms and all applicable laws

9.3 Feedback

Any feedback, suggestions, or ideas you provide about the Service may be used by Baab Sport without any obligation to you.

10. Privacy & Data

10.1 Privacy Policy

Your use of the Service is also governed by our Privacy Policy, which is incorporated into these Terms by reference. Please review our Privacy Policy to understand our practices regarding the collection, use, and disclosure of your personal information.

10.2 Data Collection

We collect and process personal data including but not limited to:

• Account information (name, email, phone number, date of birth)
• Location data (city, state, zip code)
• Profile information (skill level, preferred position, profile image)
• Payment information (processed through Stripe)
• Usage data and analytics
• Communications and messages sent through the Service

10.3 Data Retention

We retain your personal data for as long as your account is active or as needed to provide you the Service, comply with legal obligations, resolve disputes, and enforce our agreements.

11. Third-Party Services

11.1 Third-Party Integrations

The Service may integrate with or contain links to third-party services, including but not limited to:

• Stripe (payment processing)
• Firebase (authentication and notifications)
• External facility management systems

11.2 Third-Party Terms

Your use of third-party services is subject to those services' own terms and privacy policies. Baab Sport is not responsible for the content, privacy practices, or availability of any third-party services.

12. Force Majeure

Baab Sport shall not be liable for any delay or failure in performance resulting from causes beyond our reasonable control, including but not limited to:

• Acts of God (earthquakes, floods, hurricanes, tornadoes)
• Weather conditions that make play unsafe or impossible
• Natural disasters
• War, terrorism, or civil unrest
• Government actions, orders, or regulations
• Epidemics, pandemics, or public health emergencies
• Power outages or telecommunications failures
• Venue closures or cancellations
• Labor disputes or strikes
• Any other event beyond our reasonable control

13. Dispute Resolution

13.1 Informal Resolution

Before filing any formal legal action, you agree to first contact us at support@baabsport.com and attempt to resolve the dispute informally for at least thirty (30) days. Most disputes can be resolved through good-faith negotiation.

13.2 Binding Arbitration

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

If we cannot resolve a dispute informally, any dispute, claim, or controversy arising out of or relating to these Terms or the Service shall be resolved by binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify.

• Arbitration shall be administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules.
• Arbitration shall take place in Pittsburgh, Pennsylvania, or another mutually agreed location.
• The arbitrator's decision shall be final and binding and may be entered as a judgment in any court of competent jurisdiction.
• Each party shall bear its own costs and attorney's fees, unless the arbitrator determines that a claim was frivolous, in which case the losing party shall pay the other party's fees.

13.3 Class Action Waiver

YOU AND BAAB SPORT AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, OR REPRESENTATIVE ACTION.

Unless both you and Baab Sport agree otherwise, the arbitrator may not consolidate more than one person's claims and may not preside over any form of class or representative proceeding.

13.4 Opt-Out Right

You may opt out of this arbitration agreement by sending written notice to support@baabsport.com within thirty (30) days of first accepting these Terms. Your notice must include your name, address, and a clear statement that you wish to opt out of the arbitration provision.

13.5 Survival

This arbitration agreement shall survive termination of these Terms and your use of the Service.

14. Governing Law & Jurisdiction

These Terms and any dispute arising out of or related to them or the Service shall be governed by and construed in accordance with the laws of the Commonwealth of Pennsylvania and applicable federal laws of the United States of America, without regard to conflict of law principles.

For any matters not subject to arbitration, you consent to the exclusive jurisdiction of the state and federal courts located in Allegheny County, Pennsylvania.

15. General Provisions

15.1 Entire Agreement

These Terms, together with the Privacy Policy and any other agreements expressly incorporated by reference, constitute the entire agreement between you and Baab Sport concerning the Service.

15.2 Severability

If any provision of these Terms is found to be unlawful, void, or unenforceable, that provision shall be deemed severable and shall not affect the validity and enforceability of the remaining provisions.

15.3 Waiver

The failure of Baab Sport to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.

15.4 Assignment

You may not assign or transfer these Terms or your rights hereunder without our prior written consent. Baab Sport may assign its rights and obligations under these Terms without restriction.

15.5 Notices

We may provide notices to you via email, push notification, or posting on the Service. You may provide notices to us only by email at support@baabsport.com or by mail to our address below.

15.6 Headings

The headings in these Terms are for convenience only and have no legal or contractual effect.

15.7 Electronic Communications

By using the Service, you consent to receive electronic communications from us. You agree that all agreements, notices, disclosures, and other communications we provide electronically satisfy any legal requirement that such communications be in writing.

16. Contact Information

17. Acknowledgment

BY USING THE SERVICE, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF SERVICE, UNDERSTAND THEM, AND AGREE TO BE BOUND BY THEM. IF YOU DO NOT AGREE TO THESE TERMS, YOU MAY NOT USE THE SERVICE.