Terms of Service

Version 1.0

Effective: August 21, 2026

1. This agreement

These User Terms of Service (the "Terms") form a binding agreement between you and Playerborn LLC, a California limited liability company ("playerborn," "we," "us," or "our").

These Terms govern your use of the playerborn applications, websites, and services (together, the "Services") as an individual user: a parent or guardian, a coach or instructor, a club or team administrator, or a player.

These Terms are not the agreement between playerborn and your club. Clubs, schools, academies, leagues, and similar organizations ("Clubs") access the Services under a separate written agreement with us. Where that agreement and these Terms conflict as to the Club's own rights and obligations, that agreement controls for the Club. These Terms continue to govern your individual use.

You accept these Terms by checking the box presented to you and completing account setup, or by checking the box presented when we publish an updated version. If you do not agree, do not use the Services.

2. Definitions

"User Content" means anything you provide to the Services, including voice recordings, transcripts, written observations, photographs, messages, reactions, roster and profile information, and any other material you submit.

"Outputs" means material the Services generate from User Content, including written development updates, summaries, development arcs, trend information, athlete comparisons, drill and training video suggestions, evaluation reports, and any derived scores or classifications.

"Platform" means the Services themselves and everything underlying them, including software, models, prompts, taxonomies, scoring and trend logic, templates, designs, documentation, and branding.

"Derived Data" means aggregated or de-identified information derived from use of the Services that does not identify, and cannot reasonably be used to identify, any individual, Club, or team.

"Player" means the athlete a development record concerns.

3. Eligibility, accounts, and households

3.1 Adults only for account holders. You must be at least 18 years old and able to form a binding contract to create or hold an account. If you are under 18, you may not create an account.

3.2 Accounts are provisioned by Clubs. Accounts are created by invitation from a Club. Your role, and what you can see, follow from what the Club configured.

3.3 Household accounts and minors. A family account is held by a parent or legal guardian. If a Player who is a minor uses the Services through that account, the parent or guardian who holds the account:

• accepts these Terms on their own behalf and on behalf of that Player;
• is responsible for the Player's use of the Services; and
• confirms they have legal authority to do so for that Player.

We do not ask minors to accept these Terms, and a minor's acceptance would not bind them. Parents and guardians may contact us at any time to review, correct, or delete information about their child, as described in our Privacy Policy.

3.4 Consent for information about others. If you provide information about another person, including any Player, you represent that you have the authority and any consent required to do so, including parental or guardian consent where the person is a minor. Clubs are responsible for obtaining and maintaining that consent, and your Club's agreement with us says so.

3.5 Account security. Keep your credentials confidential. You are responsible for activity under your account. Tell us promptly at admin@playerborn.com if you believe your account has been compromised.

4. What the Services do

playerborn lets coaches record spoken observations about players. We transcribe those recordings and use automated systems, including artificial intelligence, to turn them into written development updates delivered to Players and their parents or guardians. The Services also include development records, trend information, tryout and clinic tools, paid one-to-one instructor sessions ("privates"), drill and training video suggestions, and related features.

We may add, change, suspend, or remove features at any time. We will not materially reduce core functionality for a Club during a paid term except as that Club's agreement permits.

5. Your responsibilities

5.1 Everyone. You agree to provide accurate information, to use the Services only for lawful purposes connected to youth sports coaching and player development, and not to access or attempt to access data you are not authorized to see.

5.2 Coaches and instructors. If you record observations through the Services, you additionally agree that:

• you will record only players you are authorized by your Club to observe;
• your observations will address conduct, performance, and effort, and not the character, intelligence, worth, body, or personal attributes of a child;
• you will not record anyone in a setting where recording is prohibited or where the people present have not been told that recording occurs; and
• where the Services present you with generated material before it is sent to a family, you are responsible for reading it and correcting anything inaccurate or inappropriate before you send it.

5.3 Administrators. If you administer a Club account, you agree to configure rosters, coach access, and delivery settings accurately, and to promptly remove access for people no longer entitled to it.

6. Acceptable use

You will not:

• use the Services to harass, threaten, demean, humiliate, sexualize, exploit, or endanger any person, and in particular any minor;
• upload unlawful, defamatory, abusive, hateful, or infringing content;
• misrepresent who you are or what your relationship to a Player is;
• share another person's development record outside the people entitled to see it, or use it for recruiting, scouting, commercial, or evaluative purposes outside your Club without the Player's parent or guardian's permission;
• scrape, harvest, or systematically extract data from the Services;
• reverse engineer, decompile, or attempt to derive the Platform's models, prompts, or logic;
• probe, disrupt, overload, or gain unauthorized access to the Services; or
• use the Services in violation of applicable law.

We may investigate and take action, including suspension, for conduct we reasonably believe violates this section.

7. Content and intellectual property

7.1 You keep what you brought. As between you and playerborn, you retain ownership of your User Content. Clubs retain ownership of Club records and Club branding they provide.

7.2 Your license to us. You grant playerborn a worldwide, non-exclusive, royalty-free license to host, store, reproduce, transcribe, translate, process, analyze, adapt, and display User Content, and to generate Outputs from it, in each case for the purposes of operating, securing, supporting, and providing the Services to you and your Club, and as required by law. This license ends when the User Content is deleted, except for copies retained in routine backups until they expire and copies we must keep to comply with law.

7.3 We own the Platform. playerborn and its licensors own all right, title, and interest in the Platform, including all intellectual property rights. We grant you a limited, revocable, non-exclusive, non-transferable, non-sublicensable license to use the Services as they are intended to be used, for as long as you are authorized by your Club. Nothing in these Terms transfers any Platform right to you.

7.4 Outputs. Outputs are produced by the Platform from User Content. We grant you and your Club a perpetual, irrevocable, worldwide, royalty-free, non-exclusive license to use, retain, reproduce, and share Outputs concerning a Player, for that Player's own development, education, and personal or family purposes, and for the Club's internal coaching purposes.

You agree not to use Outputs to build, train, or improve a competing product, or to provide a service to third parties.

As between you and playerborn, playerborn retains all rights in the Platform, in the methods and systems that generate Outputs, and in Outputs as a body of material. We do not claim ownership of the underlying facts a coach observed about a Player.

7.5 Outputs are not exclusive. The Platform may generate the same or substantially similar Outputs for other users. No exclusivity in any Output is granted or implied.

7.6 Derived Data. We may create and use Derived Data to operate, secure, analyze, support, and improve the Services, and to produce statistics and research about youth sport in general. Derived Data contains no personal information and is never presented in a way that identifies a Player, a family, a coach, a team, or a Club. We own Derived Data.

7.7 Model training. We do not use User Content or Outputs to train general-purpose artificial intelligence models, and our agreements with the providers described in Section 9 prohibit them from doing so with content we send. We may use User Content and Outputs to evaluate, test, and improve the quality of the Services themselves, including reviewing generated material for accuracy and tone. If we ever wish to use User Content to train a model, we will ask for consent first.

7.8 Feedback. If you send us suggestions, feature requests, or comments about the Services, you grant us an unrestricted, perpetual, irrevocable, royalty-free right to use them without obligation or attribution to you.

8. Automated and AI-generated material

8.1 How Outputs are produced. Development updates and related material are generated by automated systems, including large language models operated by third parties on our behalf, working from what a coach said. They are a tool to support coaching, not a substitute for a coach's judgment or for a conversation with your coach.

8.2 Coach review. The Services provide coaches and Clubs with the ability to review and edit generated material before it is delivered, and Clubs configure how their delivery works. Depending on the settings a Club chooses, some material may be delivered on a schedule without an individual review step. Your Club can tell you how its account is configured.

8.3 Accuracy. Automated systems produce errors. Generated material may be inaccurate, incomplete, outdated, internally inconsistent, or may state something a coach did not say or mean. This is a known characteristic of the technology and not a defect in the Services. We do not warrant that any Output is accurate, complete, or suitable for any purpose.

8.4 Not professional advice. THE SERVICES DO NOT PROVIDE AND ARE NOT A SUBSTITUTE FOR MEDICAL, PSYCHOLOGICAL, PSYCHIATRIC, THERAPEUTIC, EDUCATIONAL, DIAGNOSTIC, NUTRITIONAL, ATHLETIC TRAINING, SCOUTING, OR RECRUITING ADVICE. No Output is an assessment, diagnosis, evaluation, prediction, or credential of any kind. Nothing in the Services creates a professional relationship between you and playerborn. Decisions about a child's health, education, training load, team placement, or athletic future should be made with qualified people who know that child.

8.5 Trends and comparisons. Trend information, development arcs, and athlete comparisons are illustrative descriptions of what a coach recorded over time. They are not measurements of ability, potential, or progress, and they should not be relied on as such.

9. Third-party services

The Services rely on third parties, including providers of transcription, language models, email delivery, video search, payments, hosting, and error monitoring. Content you submit is processed by those providers on our behalf and under contracts that restrict their use of it. Our Privacy Policy identifies the categories of these providers.

Drill and training video suggestions use YouTube API Services. By using the Services you also agree to the YouTube Terms of Service at https://www.youtube.com/t/terms, and Google's Privacy Policy at https://policies.google.com/privacy applies to your use of Google services.

We are not responsible for third-party services, content, or websites, including the content of any video the Services suggest. Video suggestions are automated and we do not review or endorse them.

10. Payments

Paid features, including privates, are processed by Stripe, and your use of them is also subject to Stripe's terms. We do not collect or store full payment card details. Prices, fees, and any platform charge are shown before you pay. You are responsible for applicable taxes. Refunds for a private session are a matter between you and the instructor and their Club, unless we state otherwise at the point of purchase.

11. Communications

You consent to receive communications from us electronically, including transactional email about development updates, invitations, and account matters, and, if you enable them, push notifications. Electronic communications satisfy any legal requirement that a communication be in writing. You may adjust notification settings in the Services. You cannot opt out of essential transactional messages while you hold an account.

12. Privacy and children

Our Privacy Policy describes what we collect and how we handle it, and forms part of these Terms.

The Services are provided to and through Clubs, and Clubs are responsible for obtaining any parental or guardian consent required by the Children's Online Privacy Protection Act ("COPPA") and comparable state laws before providing a child's information to us. We collect information about children only as a service provider to a Club acting with that consent.

A parent or guardian may contact us at admin@playerborn.com to review what we hold about their child, correct it, or ask that it be deleted.

13. Suspension and termination

13.1 By you. You may stop using the Services at any time, and may delete your account in the Services or by contacting us.

13.2 By us. We may suspend or terminate your access, with or without notice, if you breach these Terms, if your Club's agreement ends, if your Club removes your access, if we reasonably believe your conduct risks harm to a person or to the Services, or if we are required to by law.

13.3 Effect. On termination, your license to use the Services ends. Sections 2, 5.4, 6, 7.1, 7.3 through 7.8, 8, 14, 15, 16, 17, 18, 19, and 21 survive, along with any other provision that by its nature should survive.

13.4 Access after termination. Development records, updates, and other material in the Services are made available to you through your Club's account. When your Club's agreement with us ends, when your Club removes your access, or when your account is closed, your access to that material ends with it. We do not undertake to provide, export, transfer, or continue to make available any material after access ends, and we do not provide it in any portable or machine-readable form.

Retention and deletion of Club and Player data after a Club's agreement ends are governed by that agreement.

Nothing in this section limits the rights a parent or guardian has under Section 12 or under applicable law with respect to information about their own child.

14. Disclaimers

14.1 As is. THE SERVICES, INCLUDING ALL CONTENT AND OUTPUTS, ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTY OF ANY KIND, EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, ACCURACY, QUIET ENJOYMENT, AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE.

14.2 No uptime or accuracy warranty. WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, THAT RECORDINGS WILL BE CAPTURED, TRANSCRIBED, OR DELIVERED WITHOUT LOSS OR DELAY, THAT OUTPUTS WILL BE ACCURATE, OR THAT DEFECTS WILL BE CORRECTED.

14.3 Physical activity and assumption of risk. THE SERVICES MAY SUGGEST DRILLS, EXERCISES, TRAINING CONTENT, AND VIDEOS. THESE ARE GENERAL SUGGESTIONS GENERATED AUTOMATICALLY. THEY ARE NOT TAILORED TO ANY PLAYER'S AGE, SIZE, MATURITY, FITNESS, MEDICAL CONDITION, INJURY HISTORY, OR ABILITY, AND THEY ARE NOT REVIEWED BY A MEDICAL PROFESSIONAL, ATHLETIC TRAINER, OR STRENGTH AND CONDITIONING PROFESSIONAL.

ATHLETIC ACTIVITY CARRIES INHERENT RISK OF SERIOUS INJURY. ON BEHALF OF YOURSELF AND ANY PLAYER FOR WHOM YOU HOLD AN ACCOUNT, AND YOUR AND THEIR HEIRS AND REPRESENTATIVES, YOU ASSUME ALL RISK ARISING FROM ANY PHYSICAL ACTIVITY UNDERTAKEN IN CONNECTION WITH THE SERVICES, AND YOU AGREE THAT PLAYERBORN IS NOT RESPONSIBLE FOR ANY INJURY RESULTING FROM IT. CONSULT A QUALIFIED PROFESSIONAL BEFORE A PLAYER BEGINS ANY NEW PHYSICAL ACTIVITY.

14.4 Coaching relationships. playerborn does not employ, supervise, endorse, train, or vet coaches or instructors, does not conduct background checks, and is not responsible for the conduct of any coach, instructor, Club, Player, parent, or other user, whether online or in person. Clubs are responsible for their personnel.

14.5 Jurisdiction. Some jurisdictions do not allow the exclusion of certain warranties, so some of the above may not apply to you, and you may have additional rights.

15. Limitation of liability

15.1 Excluded damages. TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER PLAYERBORN NOR ITS MEMBERS, MANAGERS, OFFICERS, EMPLOYEES, CONTRACTORS, AGENTS, LICENSORS, SUPPLIERS, SERVICE PROVIDERS, SUCCESSORS, OR ASSIGNS (THE "PLAYERBORN PARTIES") WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, DATA, RECORDINGS, USE, GOODWILL, OR REPUTATION, OR FOR EMOTIONAL DISTRESS, WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

15.2 Cap. TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE PLAYERBORN PARTIES' TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES WILL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID US IN THE TWELVE MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED U.S. DOLLARS ($100).

15.3 Application. THE LIMITATIONS IN THIS SECTION APPLY WHETHER A CLAIM IS BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, STATUTE, OR ANY OTHER THEORY OF LIABILITY, AND APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

15.4 Basis of the bargain. You acknowledge that these limitations are an essential basis of the bargain between you and playerborn, and that we would not provide the Services on these commercial terms without them.

15.5 Exceptions. Nothing in these Terms limits liability that cannot be limited by law, including liability for death or personal injury caused by our gross negligence, for fraud or fraudulent misrepresentation, or for willful misconduct.

16. Indemnification

You agree to defend, indemnify, and hold harmless the playerborn Parties from and against any and all claims, demands, actions, proceedings, liabilities, damages, judgments, awards, losses, costs, and expenses, including reasonable attorneys' fees and costs, arising out of or relating to:

• your use of the Services;
• your User Content;
• your breach of these Terms;
• your violation of any law or of any right of a third party, including rights of privacy, publicity, or intellectual property;
• any claim that you provided information about a person, including any Player, without the authority or consent required; or
• any dispute between you and a Club, coach, instructor, Player, parent, or other user.

We will notify you of any claim for which we seek indemnification, and you will cooperate in the defense. We may assume the exclusive defense and control of any matter subject to indemnification by you, at your expense. You will not settle any such matter, or make any admission, without our prior written consent. This section survives termination.

17. Time limit on claims

TO THE EXTENT PERMITTED BY LAW, ANY CLAIM ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES MUST BE BROUGHT WITHIN ONE (1) YEAR AFTER THE CLAIM AROSE, OR IT IS PERMANENTLY BARRED.

18. Dispute resolution, arbitration, and class action waiver

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO GO TO COURT AND TO HAVE A JURY HEAR YOUR CLAIMS.

18.1 Informal resolution first. Before starting an arbitration, you agree to contact us at admin@playerborn.com with a written description of the dispute and the relief you seek, and to give us 60 days to try to resolve it. We will do the same before bringing a claim against you. This step is a condition of starting an arbitration, and the time limit in Section 17 is paused while it runs.

18.2 Agreement to arbitrate. If we cannot resolve the dispute informally, you and playerborn agree that any dispute arising out of or relating to these Terms or the Services will be resolved by binding individual arbitration, and not in court, except as stated in Sections 18.5 and 18.6.

18.3 Rules and forum. The arbitration will be administered by JAMS under its Streamlined Arbitration Rules, or by another established administrator you and we agree on. The arbitration will be conducted in English by a single arbitrator. Hearings will be held remotely, or in San Diego County, California, unless you and we agree otherwise or the arbitrator determines that an in-person hearing nearer to you is appropriate.

18.4 Class action and jury trial waiver. YOU AND PLAYERBORN 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, COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING. THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON'S CLAIMS OR PRESIDE OVER ANY CLASS OR REPRESENTATIVE PROCEEDING. YOU AND PLAYERBORN WAIVE ANY RIGHT TO A JURY TRIAL.

If this Section 18.4 is found unenforceable as to a particular claim or request for relief, that claim or request will be severed and heard in court, and the rest of this Section 18 will continue to apply to all other claims.

18.5 Small claims. Either party may bring an individual claim in small claims court if it qualifies.

18.6 Injunctive relief for intellectual property. Either party may seek injunctive or other equitable relief in a court of competent jurisdiction to prevent actual or threatened infringement or misappropriation of its intellectual property or breach of confidentiality obligations.

18.7 Your right to opt out. You may opt out of this arbitration agreement by emailing admin@playerborn.com with the subject line "Arbitration Opt-Out" within 30 days of first accepting these Terms, including your name and the email address on your account. Opting out affects nothing else in these Terms, and will not affect your access to the Services.

18.8 Costs. Payment of filing, administration, and arbitrator fees will be governed by the administrator's rules. Where those rules would require you to pay more than you would pay to file in court, we will pay the difference.

18.9 Survival. This Section 18 survives termination of these Terms and of your account.

19. Governing law and venue

These Terms are governed by the laws of the State of California, without regard to its conflict-of-laws rules. For any dispute not subject to arbitration, you and playerborn consent to the exclusive jurisdiction and venue of the state and federal courts located in San Diego County, California, and waive any objection to that venue.

20. Changes to these Terms

We may update these Terms. When we make a material change, we will publish the updated version with a new version number and effective date, and we will ask you to accept it the next time you sign in. If you do not accept, you will not be able to continue using the Services, and you may close your account. Continued use after acceptance is governed by the updated Terms. Changes do not apply retroactively to a dispute that arose before the change took effect.

21. General

21.1 Assignment. You may not assign these Terms or your account. We may assign these Terms, in whole or in part, to an affiliate or in connection with a merger, acquisition, reorganization, or sale of all or substantially all of our assets.

21.2 Entire agreement. These Terms, together with the Privacy Policy and any terms presented at the point of a paid purchase, are the entire agreement between you and playerborn about the Services, and supersede any prior understanding.

21.3 Severability. If any provision is held unenforceable, it will be modified to the minimum extent necessary to make it enforceable, or severed, and the remaining provisions will continue in full force.

21.4 No waiver. Our failure to enforce a provision is not a waiver of it.

21.5 Force majeure. We are not liable for any delay or failure to perform caused by events beyond our reasonable control, including acts of God, natural disaster, war, terrorism, civil unrest, labor action, government action, internet or telecommunications failure, power failure, or failure of a third-party provider.

21.6 No third-party beneficiaries. These Terms create no rights in any person who is not a party to them, except that the playerborn Parties may enforce Sections 15 and 16.

21.7 Notices. We may give notice by email to the address on your account, or by posting in the Services. Notices to us go to admin@playerborn.com and to the address in Section 22.

21.8 Export and sanctions. You represent that you are not located in, and are not a national or resident of, any country subject to comprehensive U.S. trade sanctions, and that you are not on any U.S. government restricted-party list.

21.9 Headings. Headings are for convenience and do not affect interpretation.

21.10 California users. Under California Civil Code Section 1789.3, users of the Services from California are entitled to the following notice: the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (800) 952-5210.

22. Contact

Playerborn LLC
1106 2nd St, Ste 103 #702
Encinitas, CA 92024
admin@playerborn.com