ProVelocity App Terms of Service

1. Agreement

These terms are an agreement between you and Extra Base Sports LLC, the company behind ProVelocity ("we", "us"). By downloading or using the ProVelocity app, or creating an account, you agree to them and to our Privacy Policy. If you do not agree, please do not use the app.

2. Who can use the app

You must be at least 13 years old to create an account (or older if your country sets a higher age for online services). If you are under 18, a parent or guardian must agree to these terms for you and supervise your use of the app, including any swinging, which should always be done as described in section 5. Anyone can use the app as a guest, in which case training stays on the device and nothing is sent to us.

3. Your account

• Give us accurate information and keep your sign-in details secure. You are responsible for what happens under your account.
• Tell us promptly if you think someone else has used your account.
• You can delete your account at any time in the app (Settings, then Profile, then Delete account). Deleting it removes your data as described in the Privacy Policy and cannot be undone.

4. What you may do with the app

We give you a personal, non-exclusive, non-transferable, revocable licence to use the app for your own training, on devices you own or control, under these terms. You agree not to:

• copy, modify, resell or distribute the app, or use it to build a competing product;
• reverse engineer, decompile or extract the app's code, models or data, except where the law lets you do so despite this rule;
• interfere with the app or our servers, probe them for weaknesses, or try to access anyone else's account or data;
• use automated means to access the service, or use it for anything unlawful.

5. Safety and training

The ProVelocity app is a training aid for players, coaches and parents. It is not medical or professional coaching advice. Swinging a bat, especially a weighted or resisted bat, carries a real risk of injury to you and to others. When you train:

• read and follow the safety warnings and training manual that come with your ProVelocity bat, and the instructions in the app;
• keep the area around you clear, use a safety net when hitting live balls, and make sure everyone nearby is alert;
• warm up, stop if something hurts, and check with a doctor first if you have any health concern;
• do not look at your phone or rely on the app's sounds or numbers when it would be unsafe to do so.

You use the app and train at your own risk, to the extent the law allows.

6. Accuracy and results

The app detects swings from sound, so its results depend on your phone, your microphone, the room and the noise around you. They are estimates, not exact measurements, and may sometimes miss or miscount a swing. We do not promise any particular improvement in performance, such as bat speed or exit velocity.

7. Your data

Your training data and account information remain yours. You give us permission to store and process them in order to run the app for you, as explained in the Privacy Policy, including backing them up and syncing them between your devices.

8. Our rights

The app, including its software, detection models, designs, training programs, text, video, trademarks and logos, belongs to us or our licensors and is protected by law. These terms give you no ownership of any of it. If you send us feedback or ideas, we may use them without owing you anything.

9. Third-party services and app stores

The app relies on services run by others, such as Apple, Google and our hosting and video providers. They have their own terms, and we are not responsible for them. If you download the app from the Apple App Store, you agree that: these terms are between you and us, not Apple; Apple has no duty to provide maintenance or support for the app, or to handle claims about it; and Apple and its subsidiaries are third-party beneficiaries of these terms and may enforce them against you.

10. Changes to the app

We may update, change or discontinue features or the whole app, for example to fix problems, keep it secure or comply with the law. We will try to give notice of major changes that affect your data.

11. Ending your use

You can stop using the app at any time. We may suspend or end your access if you break these terms or misuse the service, or if we stop offering the app. Sections that by their nature should continue after that, such as sections 8, 12 and 13, will continue to apply.

12. Disclaimers

The app is provided "as is" and "as available". To the fullest extent the law allows, we do not make any promise or warranty, express or implied, including about quality, accuracy, fitness for a particular purpose, availability or that the app will be error-free or uninterrupted. Some places do not allow these exclusions, so some of them may not apply to you.

13. Limit on our liability

To the fullest extent the law allows, we are not liable for indirect, incidental, special, consequential or punitive damages, or for lost data, profits or opportunities, arising from your use of the app. Our total liability to you for any claim related to the app is limited to the greater of the amount you paid us for the app in the 12 months before the claim and US$100. Nothing in these terms limits liability that the law does not allow us to limit, including for death or personal injury caused by our negligence where that applies, or for fraud.

14. Governing law

These terms are governed by the laws of the State of New Jersey, without regard to its conflict of laws rules. Any dispute will be handled in the courts located in Somerset County, New Jersey, and you and we agree to those courts' authority, except that where the law of your home country gives you the right to bring a claim there, nothing here takes that right away.

15. Changes to these terms

We may update these terms. We will post the new version here with a new effective date and, for significant changes, tell you in the app or by email before they apply. If you keep using the app after a change takes effect, you accept the updated terms. If you do not agree, stop using the app and delete your account.

16. Contact us

Extra Base Sports LLC (ProVelocity)
351 Mount Harmony Road, Bernardsville, NJ 07924, United States
Email: sales@extrabasesports.com
Phone: 973-283-5952