Terms of Service

These Terms of Service ("Terms") govern your use of the Ballmark application and website (the "Service") operated by Fairly Fantastic, Inc. ("we", "us", "our"). By accessing or using the Service, you agree to be bound by these Terms. If you do not agree, please do not use the Service.

1. Your Account

You must create an account to use certain features of the Service. You are responsible for maintaining the confidentiality of your account credentials and for all activity that occurs under your account. You agree to provide accurate and complete information when creating your account and to update it as needed. We reserve the right to suspend or terminate accounts that violate these Terms.

2. Using the Service

You agree to use the Service only for lawful purposes. You may not:

• Use the Service in any way that violates applicable laws or regulations
• Upload content that is unlawful, harmful, threatening, abusive, defamatory, or otherwise objectionable
• Attempt to gain unauthorized access to any part of the Service or its systems
• Interfere with or disrupt the Service or servers and networks connected to it
• Use the Service to transmit spam, malware, or other harmful content
• Scrape, crawl, or use automated means to access the Service without our written consent

3. Your Content

You retain ownership of the content you submit to the Service, including scorecards, photos, video clips, stories, and notes ("Your Content"). By submitting Your Content, you grant us a limited, non-exclusive, worldwide license to use, store, process, and display Your Content solely for the purpose of providing and improving the Service, including building your trip pages and printed trip books.

Ballmark trips are collaborative. When you contribute content to a trip you do not own, you understand that the trip's organizer and other members may view it, and that the organizer may include it in the shared trip and in any printed book ordered from that trip.

You are responsible for Your Content. You represent that you have the right to submit it and that it does not infringe on any third party's rights. We may remove content that violates these Terms or that we determine is inappropriate at our sole discretion.

4. Shared Trips

When you share a trip link, the trip content, including scores, stories, course information, and any included photos and videos, becomes accessible to anyone who has the link. You are responsible for ensuring that content you share does not violate the privacy or rights of others, including the other members of your trip.

5. Book Orders and Payments

The Ballmark app is free to use. The printed trip book is a paid physical product. Prices are shown at checkout before you pay. Payments are processed by our payment processor, Stripe; we do not receive or store your full card details. Books are printed on demand and shipped by our print provider to the address you provide at checkout.

Because each book is printed to order, sales are final once a book has been sent to production, except where required by law or where a book arrives damaged, defective, or materially different from what you ordered, in which case contact us and we will make it right. Estimated delivery times are not guaranteed. We reserve the right to change book pricing at any time; the price shown at checkout is the price that applies to your order.

6. AI-Generated Content

The Service uses artificial intelligence to generate trip narratives, read scorecards, and organize your trip based on the data you provide. AI-generated content is provided "as is" and may contain inaccuracies or errors. You are responsible for reviewing AI-generated content before sharing it or ordering a book. We make no guarantees about the accuracy, completeness, or suitability of AI-generated content.

7. Intellectual Property

The Service, including its design, features, code, and branding, is owned by Fairly Fantastic, Inc. and is protected by intellectual property laws. These Terms do not grant you any right to use our trademarks, logos, or other brand features without our prior written consent.

8. Disclaimers

The Service is provided "as is" and "as available" without warranties of any kind, whether express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that the Service will be uninterrupted, secure, or error-free.

9. Limitation of Liability

To the maximum extent permitted by law, Fairly Fantastic, Inc. shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits, data, use, or goodwill, arising out of or related to your use of the Service, regardless of the theory of liability. Our total liability for any claim arising from these Terms or the Service shall not exceed the amount you paid us in the twelve (12) months preceding the claim.

10. Termination

We may suspend or terminate your access to the Service at any time, with or without cause, with or without notice. You may stop using the Service at any time. Upon termination, your right to use the Service ceases immediately. Provisions of these Terms that by their nature should survive termination shall survive, including ownership, warranty disclaimers, and limitations of liability.

11. Changes to These Terms

We may update these Terms from time to time. We will notify you of material changes by posting the updated Terms on this page with a revised effective date. Your continued use of the Service after changes are posted constitutes acceptance of the updated Terms.

12. Governing Law

These Terms are governed by and construed in accordance with the laws of the State of Delaware, without regard to its conflict of law provisions.

13. Contact Us

If you have any questions about these Terms, please contact us at hey@fairlyfantastic.com.