SetPlays Terms of Service
Effective Date: August 1, 2026 | Last Updated: August 1, 2026
These Terms of Service ("Terms") are a legally binding agreement between you and Taprobane Labs LLC ("Taprobane Labs," "SetPlays," "Company," "we," "us," or "our") governing your access to and use of the SetPlays mobile applications, websites, web viewers, software, subscriptions, content, functionality, and related services collectively referred to as the "Service."
SetPlays allows users to create, organize, animate, store, share, and view sports plays and related information. Certain features may allow users to collaborate through teams, invite other users, publish plays using share links, or access paid functionality.
By creating an account, accessing or using the Service, purchasing a subscription, joining a team, accepting an invitation, sharing a play, or selecting a button indicating your acceptance, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy.
If you do not agree to these Terms, do not access or use the Service.
1. Eligibility
You must be at least 13 years old to use the Service.
You may not create or use an account if you are under 13 years old.
If you are between 13 and the age of legal majority where you live, you may use the Service only with the permission and supervision of a parent or legal guardian. Your parent or legal guardian must review and agree to these Terms on your behalf and is responsible for your use of the Service.
By using the Service, you represent and warrant that:
- You meet the applicable age requirements.
- You have the legal capacity and authority to enter into these Terms.
- You are not prohibited from using the Service under applicable law.
- All information you provide is accurate and current.
- If you use the Service for a school, club, team, league, business, or other organization, you have authority to bind that organization to these Terms.
If you accept these Terms on behalf of an organization, "you" includes both you and that organization.
Taprobane Labs does not knowingly permit children under 13 to create accounts or submit personal information. If we learn that an account belongs to a child under 13, we may suspend or delete the account and associated information without notice.
Parents or guardians who believe a child under 13 has provided information through the Service should contact us at:
support@setplays.app
2. The Service
SetPlays provides tools that may include:
- Creating sports plays and diagrams.
- Positioning and moving player markers.
- Drawing lines, paths, and annotations.
- Creating multiple frames and animations.
- Adding titles, categories, notes, and other play information.
- Organizing plays locally or through cloud-enabled features.
- Creating and managing teams.
- Inviting users to join teams.
- Sharing plays with team members.
- Publishing plays through public or unlisted links.
- Viewing shared plays through a web-based viewer.
- Purchasing subscriptions or paid functionality.
- Submitting product feedback.
- Other functionality introduced from time to time.
Features may differ by platform, account type, subscription status, geography, app version, device, or operating system.
We may add, change, suspend, restrict, or discontinue any part of the Service at any time. We do not guarantee that any feature will remain available permanently or that future versions will maintain compatibility with prior versions.
3. No Coaching, Medical, Safety, or Professional Advice
SetPlays is a software tool. It is not a coach, trainer, medical provider, athletic trainer, physical therapist, safety professional, league official, governing body, or emergency service.
Any plays, diagrams, animations, formations, notes, instructions, strategies, recommendations, or other content available through the Service are provided by users or for general informational purposes only.
Taprobane Labs does not:
- Review or approve plays for safety.
- Determine whether a play is appropriate for a particular athlete.
- Verify compliance with league or sport rules.
- Determine whether an athlete is physically capable of performing an activity.
- Provide injury-prevention guidance.
- Provide medical advice or diagnosis.
- Guarantee athletic performance or competitive results.
- Supervise practices, games, athletes, coaches, or teams.
You are solely responsible for evaluating whether any play, activity, instruction, movement, drill, formation, or strategy is safe, lawful, age-appropriate, and suitable for the individuals involved.
You must use qualified coaches, medical professionals, athletic trainers, league officials, or other professionals when appropriate.
Never use SetPlays as a substitute for professional judgment, medical care, emergency assistance, supervision, protective equipment, proper instruction, or compliance with applicable sport rules.
In an emergency, contact local emergency services.
4. Assumption of Risk
Sports and athletic activities involve inherent and significant risks, including:
- Collision.
- Falls.
- Physical contact.
- Overexertion.
- Equipment failure.
- Improper technique.
- Miscommunication.
- Permanent injury.
- Disability.
- Property damage.
- Death.
You knowingly and voluntarily assume all risks arising from or related to:
- Your use of the Service.
- Your creation, communication, or implementation of a play.
- Another person's reliance on content created or shared through the Service.
- Participation in any practice, game, drill, exercise, or athletic activity.
- Decisions made using information available through the Service.
- Failure to properly supervise participants.
- Failure to comply with applicable rules, laws, regulations, or safety procedures.
You remain solely responsible for the conduct, supervision, instruction, safety, and welfare of all athletes and participants under your control.
Taprobane Labs does not assume responsibility for injuries, losses, incidents, or outcomes connected to any sport or athletic activity.
5. Accounts
Certain features require an account.
You agree to:
- Provide accurate account information.
- Maintain accurate and current information.
- Protect your login credentials.
- Use a secure password.
- Prevent unauthorized access to your device and account.
- Notify us promptly of suspected unauthorized access.
- Accept responsibility for activities performed through your account.
You may not:
- Share credentials with unauthorized persons.
- Sell, transfer, lease, or sublicense your account.
- Create an account using false information.
- Impersonate another person or organization.
- Use another person's account without permission.
- Create accounts to evade enforcement or restrictions.
- Use automated processes to create accounts.
You are responsible for all actions taken through your account unless prohibited by applicable law.
We are not liable for losses caused by your failure to secure your account, device, email account, authentication provider, or credentials.
6. Third-Party Authentication
The Service may permit authentication through third parties such as Apple, Google, or other identity providers.
Your use of those services is governed by their respective terms and policies.
We are not responsible for:
- Third-party authentication outages.
- Changes to third-party authentication services.
- Loss of access to a third-party account.
- Incorrect information supplied by a third party.
- Actions taken by an authentication provider.
- The security of third-party systems.
You are responsible for maintaining access to the email address and authentication method associated with your SetPlays account.
7. User Content
"User Content" means any content you create, upload, enter, record, save, transmit, publish, display, share, or otherwise make available through the Service, including:
- Plays.
- Play diagrams.
- Player positions and movements.
- Animations.
- Drawings.
- Notes.
- Titles.
- Categories.
- Team names.
- Team logos.
- Profile information.
- Images.
- Messages.
- Feedback.
- Invitations.
- Shared-play information.
- Other submitted materials.
You retain ownership of your User Content, subject to the rights granted in these Terms.
7.1 License to Taprobane Labs
You grant Taprobane Labs a worldwide, non-exclusive, royalty-free, transferable, sublicensable license to host, store, reproduce, process, modify for technical purposes, format, transmit, display, distribute, cache, back up, and otherwise use your User Content as reasonably necessary to:
- Operate the Service.
- Provide requested functionality.
- Synchronize content.
- Generate play previews.
- Generate shared versions of plays.
- Display content to team members.
- Display content through share links.
- Maintain backups.
- Prevent fraud or abuse.
- Diagnose technical problems.
- Enforce these Terms.
- Comply with law.
This license continues for as long as your User Content remains within the Service and for a reasonable period afterward where necessary for backups, security, legal compliance, dispute resolution, or technical operations.
7.2 Your Responsibilities
You represent and warrant that:
- You own your User Content or have all necessary rights and permissions.
- Your User Content does not infringe any copyright, trademark, privacy, publicity, contractual, confidentiality, or other right.
- Your User Content complies with applicable law.
- You have obtained all necessary consent before entering another person's information.
- Your User Content does not include information you are prohibited from sharing.
- Taprobane Labs may exercise the license granted above without owing compensation to any person.
You are solely responsible for your User Content and the consequences of creating, sharing, publishing, or using it.
8. Player, Athlete, and Team Information
You must exercise care when entering information about athletes, players, coaches, staff, parents, or team members.
Unless strictly necessary and legally authorized, you should not enter:
- Full names of minors.
- Birth dates.
- Home addresses.
- School schedules.
- Medical information.
- Disability information.
- Injury information.
- Emergency contact information.
- Precise location information.
- Government identification numbers.
- Financial information.
- Information protected by school, health, employment, or child-privacy laws.
When you enter information about another person, you represent and warrant that:
- You have authority and permission to do so.
- The information is appropriate for the intended use.
- You have provided any required notice.
- You have obtained any legally required parental, guardian, school, employer, league, or organizational consent.
- You will remove the information when it is no longer needed.
- You will comply with all applicable privacy, education, employment, sport, and child-protection laws.
Taprobane Labs is not responsible for your decision to collect, enter, disclose, share, or retain another person's information.
9. Teams and Organizations
The Service may allow users to create teams, invite members, assign roles, and share content.
9.1 Team Owners and Administrators
Team owners and administrators are responsible for:
- Determining who may join.
- Verifying invitees.
- Assigning appropriate permissions.
- Removing former or unauthorized members.
- Managing shared content.
- Obtaining organizational approval.
- Obtaining parental or guardian consent where required.
- Complying with applicable policies and laws.
- Handling disputes among team members.
- Protecting confidential team information.
Taprobane Labs does not verify the authority of a person who creates or administers a team.
9.2 Team Members
By joining a team, you understand that certain profile information and activity may be visible to team owners, administrators, or members.
Team access may be modified or revoked by authorized users. Taprobane Labs is not responsible for decisions made by team owners or administrators.
9.3 Organization Disputes
Taprobane Labs is not a party to disputes involving:
- Team ownership.
- Coaching authority.
- Employment.
- Team membership.
- Athlete eligibility.
- Intellectual-property ownership.
- Payment among users.
- League governance.
- School policy.
- Removal from a team.
- Access to team content.
We may decline to intervene and may suspend disputed content or accounts while the parties resolve the matter independently.
11. Local Storage, Cloud Storage, and Synchronization
Some SetPlays content may be stored locally on your device. Other content may be stored or synchronized through cloud services.
You understand that:
- Local content may be lost if you delete the app, reset or replace your device, clear app data, lose your device, or experience device failure.
- Free or local-only content may not be recoverable.
- Cloud synchronization may be delayed, incomplete, unavailable, or unsuccessful.
- Offline changes may conflict with cloud changes.
- Shared content may be temporarily out of date.
- Content may fail to upload, download, render, animate, or synchronize.
- Backups are not guaranteed.
You are solely responsible for maintaining independent copies of important content.
SetPlays is not an archival, records-management, disaster-recovery, or permanent-backup service.
Taprobane Labs is not responsible for lost, corrupted, overwritten, delayed, inaccessible, or unrecoverable content.
12. Acceptable Use
You may not use the Service to:
- Violate any law or regulation.
- Harm, exploit, harass, threaten, stalk, intimidate, or abuse another person.
- Facilitate violence, hazing, abuse, discrimination, or illegal conduct.
- Publish another person's private information without authorization.
- Infringe intellectual-property rights.
- Upload malware or malicious code.
- Probe, scan, or test system vulnerabilities without authorization.
- Circumvent security, access controls, rate limits, or subscription restrictions.
- Reverse engineer the Service except where applicable law expressly permits it.
- Scrape, crawl, index, extract, or harvest data through automated means without written permission.
- Interfere with the operation of the Service.
- Gain unauthorized access to accounts, systems, or data.
- Use bots to create accounts or submit content.
- Send spam or unsolicited communications.
- Misrepresent your identity or affiliation.
- Resell or commercially exploit the Service unless expressly authorized.
- Use the Service to build or improve a competing product through systematic extraction or copying.
- Remove copyright, trademark, attribution, or proprietary notices.
- Use SetPlays branding without permission.
- Upload content containing illegal sexual material or exploitation of minors.
- Submit false abuse, copyright, or legal notices.
- Abuse feedback, support, sharing, or invitation functionality.
- Use the Service in a manner that creates unreasonable risk or liability.
We may investigate suspected violations and may remove content, restrict features, suspend accounts, terminate accounts, preserve information, or cooperate with lawful authorities.
13. Intellectual Property
Except for User Content, the Service and all associated materials are owned by Taprobane Labs or its licensors, including:
- Software.
- Source code.
- Object code.
- Interfaces.
- Designs.
- Layouts.
- Graphics.
- Logos.
- Icons.
- Documentation.
- Databases.
- Features.
- Functionality.
- Trademarks.
- Trade dress.
- Text.
- Visual elements.
- Compilation and arrangement of content.
The Service is protected by copyright, trademark, trade-secret, patent, and other intellectual-property laws.
Subject to these Terms, Taprobane Labs grants you a limited, revocable, non-exclusive, non-transferable, non-sublicensable license to use the Service for its intended purposes.
No rights are granted except those expressly stated in these Terms.
"SetPlays," associated logos, and other branding are trademarks or trade dress of Taprobane Labs. You may not use them without prior written permission.
14. Feedback to Taprobane Labs
When you submit ideas, suggestions, enhancement requests, feature requests, bug reports, concepts, comments, or other feedback about SetPlays, you grant Taprobane Labs a worldwide, perpetual, irrevocable, transferable, sublicensable, royalty-free license to use, reproduce, modify, implement, commercialize, publish, distribute, and otherwise exploit that feedback for any purpose without restriction, attribution, notice, or compensation.
You understand that:
- We may already be developing similar ideas.
- We are not obligated to use your feedback.
- Feedback is not confidential.
- Submitting feedback does not create an employment, partnership, fiduciary, compensation, or other relationship.
- You are not entitled to ownership or compensation for features based on or similar to your feedback.
15. Copyright Complaints
Taprobane Labs respects intellectual-property rights.
If you believe content available through the Service infringes your copyright, send a written notice containing:
- Identification of the copyrighted work.
- Identification and location of the allegedly infringing material.
- Your contact information.
- A statement that you have a good-faith belief that the use is unauthorized.
- A statement, under penalty of perjury, that the information is accurate and that you are the copyright owner or authorized to act for the owner.
- Your physical or electronic signature.
Send notices to:
DMCA Agent
support@setplays.app
We may remove or restrict allegedly infringing content and may terminate repeat infringers where appropriate.
Submitting a knowingly false copyright notice may result in liability.
This section does not constitute confirmation that Taprobane Labs qualifies for any statutory safe harbor.
16. Subscriptions and Paid Features
SetPlays may offer subscriptions, purchases, or paid features, including access to team collaboration, cloud functionality, or other premium services.
16.1 Store Billing
Purchases made through Apple are processed by Apple. Purchases made through Google Play are processed by Google. Your purchase is also subject to the applicable store's terms, billing rules, refund policies, and subscription-management procedures.
Taprobane Labs does not directly control:
- Store billing.
- Payment authorization.
- Renewal processing.
- Taxes collected by the store.
- Store refunds.
- Store-account access.
- Store outages.
- Store payment disputes.
16.2 Automatic Renewal
Unless otherwise disclosed, subscriptions automatically renew for successive billing periods until canceled through the platform from which they were purchased. The subscription price and billing period will be displayed before purchase. You authorize the applicable store to charge the payment method associated with your store account according to the terms shown during purchase.
16.3 Cancellation
You must cancel your subscription through the Apple App Store, Google Play, or the applicable purchasing platform.
Deleting:
- The SetPlays app,
- Your SetPlays account,
- Your team,
- Your User Content, or
- Your device data
does not automatically cancel an active store subscription. You remain responsible for canceling the subscription through the applicable store. Cancellation generally takes effect at the end of the paid billing period unless the store or applicable law provides otherwise.
16.4 Account Deletion While Subscribed
If you delete your SetPlays account while a subscription remains active:
- Your SetPlays account and associated content may be permanently deleted.
- Your subscription may continue to renew through Apple or Google.
- You may continue to be charged until you cancel through the applicable store.
- Deleting the account does not entitle you to a refund.
- Recreating an account may not restore deleted content.
- Purchase restoration may restore entitlement only where supported and may not restore deleted teams, plays, invitations, or account data.
You are responsible for managing your subscription before deleting your account.
16.5 Refunds
Except where required by law or granted under the applicable store's policies, purchases are final and non-refundable. Requests concerning Apple transactions should be directed through Apple's refund process. Requests concerning Google Play transactions should be directed through Google Play's refund process where applicable. Taprobane Labs may grant or deny refunds within its control at its sole discretion, subject to applicable law.
16.6 Pricing Changes
We may change subscription prices or introduce new charges. Price changes will be handled in accordance with applicable law and platform requirements. Continued use of paid features after an applicable price change takes effect constitutes acceptance where legally permitted.
16.7 Feature Changes
A subscription provides access to the paid functionality available for that plan during the subscription period. It does not guarantee that every feature, capacity, integration, design, or technical implementation will remain unchanged. We may modify paid features, provided that we comply with applicable law and platform requirements.
17. Trials and Promotional Offers
We may offer free trials, discounts, promotional pricing, or other incentives. Eligibility may be limited and may be determined by Taprobane Labs, Apple, Google, or another platform. Unless canceled before the disclosed deadline, a trial may convert to a paid, automatically renewing subscription. You are responsible for reviewing the offer terms and canceling before the trial ends if you do not wish to be charged. We may modify or withdraw promotional offers where legally permitted.
18. Third-Party Services
The Service relies on or may interact with third-party services and platforms, which may include:
- Authentication providers.
- Cloud storage and synchronization providers.
- Hosting and infrastructure providers.
- Subscription billing and payment processing providers (such as Apple and Google).
- Analytics and crash reporting providers.
- Transactional email providers.
- Device operating systems.
- App stores.
- External websites and services.
Taprobane Labs does not control third-party services and is not responsible for:
- Availability.
- Security.
- Accuracy.
- Conduct.
- Policies.
- Content.
- Billing.
- Data handling.
- Interruptions.
- Changes.
- Failures.
- Losses caused by third parties.
Your use of third-party services may be subject to separate terms and privacy policies. References or links to third-party services do not constitute endorsement.
19. Privacy
Our collection, use, sharing, retention, and protection of personal information are described in the SetPlays Privacy Policy:
The Privacy Policy is incorporated into these Terms by reference. You agree that Taprobane Labs may process information as described in the Privacy Policy and as necessary to operate, secure, support, and improve the Service.
20. Communications
You agree that we may send you transactional or service-related communications, including:
- Account notices.
- Authentication messages.
- Password-reset messages.
- Team invitations.
- Subscription notices.
- Security alerts.
- Legal notices.
- Material service updates.
- Responses to feedback or support requests.
You may not be able to opt out of communications necessary to provide or secure the Service. Marketing communications, when used, will be subject to applicable consent and opt-out requirements. You are responsible for maintaining a working email address and reviewing communications associated with your account.
21. Account Suspension and Termination
We may suspend, restrict, disable, or terminate your access to some or all of the Service at any time where reasonably necessary, including when:
- You violate these Terms.
- You create risk or possible legal exposure.
- You misuse the Service.
- You fail to pay applicable charges.
- Your subscription ends.
- We suspect fraud, abuse, or unauthorized activity.
- Your use threatens users, systems, or third parties.
- We are required to do so by law or a platform provider.
- Continuing to provide the Service is no longer commercially or technically practical.
Where legally permitted, we may take action without prior notice.
Termination may result in loss of:
- Account access.
- Local or cloud data.
- Teams.
- Memberships.
- Invitations.
- Shared plays.
- Subscription-linked functionality.
- Other User Content.
You may stop using the Service at any time.
Provisions that by their nature should survive termination will survive, including provisions concerning intellectual property, feedback, disclaimers, indemnification, limitations of liability, dispute resolution, and accrued obligations.
22. Account Deletion
You may request account deletion through the functionality provided in the Service or by contacting us.
Account deletion may permanently remove:
- Your profile.
- Cloud-stored plays.
- Team ownership records.
- Team memberships.
- Invitations.
- Shared-play records.
- Account-linked metadata.
- Other data associated with the account.
Deletion may not be reversible.
Some information may be retained where reasonably necessary for:
- Legal compliance.
- Fraud prevention.
- Security.
- Financial records.
- Dispute resolution.
- Enforcement.
- Backup rotation.
- Protection of legal rights.
Deleting your account does not cancel subscriptions purchased through Apple, Google, or another third party. You must separately cancel those subscriptions.
23. Service Availability
The Service is provided on an "as available" basis. We do not guarantee:
- Continuous availability.
- Any particular uptime.
- Error-free operation.
- Compatibility with every device.
- Permanent retention of content.
- Successful synchronization.
- Accurate rendering.
- Correct animation.
- Delivery of invitations or email.
- Availability of share links.
- Restoration of purchases.
- Availability in every location.
- Continued support for older versions.
- Preservation of any particular feature.
Maintenance, outages, third-party failures, security events, device limitations, network conditions, or other circumstances may interrupt access. We may impose usage, storage, team, sharing, device, or feature limits.
24. Beta and Experimental Features
We may identify features as beta, preview, early access, experimental, or similar. Such features may:
- Be incomplete.
- Contain errors.
- Change without notice.
- Perform unpredictably.
- Lose or corrupt data.
- Be discontinued.
- Lack support.
You use beta or experimental features at your own risk. Do not rely on them for critical operations, safety decisions, permanent storage, or legally required records.
25. Disclaimer of Warranties
TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SERVICE IS PROVIDED "AS IS," "AS AVAILABLE," AND "WITH ALL FAULTS."
TAPROBANE LABS AND ITS MEMBERS, MANAGERS, OFFICERS, EMPLOYEES, CONTRACTORS, AFFILIATES, LICENSORS, SERVICE PROVIDERS, AND AGENTS DISCLAIM ALL WARRANTIES AND CONDITIONS, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING WARRANTIES OF:
- MERCHANTABILITY.
- FITNESS FOR A PARTICULAR PURPOSE.
- TITLE.
- NON-INFRINGEMENT.
- ACCURACY.
- RELIABILITY.
- AVAILABILITY.
- SECURITY.
- QUIET ENJOYMENT.
- DATA INTEGRITY.
- ERROR-FREE OPERATION.
- RESULTS.
- PROFESSIONAL QUALITY.
WE DO NOT WARRANT THAT:
- THE SERVICE WILL MEET YOUR NEEDS.
- ANY PLAY OR STRATEGY WILL BE SAFE OR EFFECTIVE.
- CONTENT WILL BE ACCURATE.
- ATHLETIC RESULTS WILL IMPROVE.
- INJURIES WILL BE PREVENTED.
- CONTENT WILL NOT BE LOST.
- SHARED CONTENT WILL REMAIN PRIVATE.
- ERRORS WILL BE CORRECTED.
- THE SERVICE WILL BE FREE FROM HARMFUL COMPONENTS.
- THIRD-PARTY SERVICES WILL FUNCTION.
- THE SERVICE WILL COMPLY WITH THE RULES OF A PARTICULAR SPORT, LEAGUE, SCHOOL, OR ORGANIZATION.
YOU USE THE SERVICE AND RELY ON ALL CONTENT AT YOUR SOLE RISK.
SOME JURISDICTIONS DO NOT ALLOW CERTAIN WARRANTY DISCLAIMERS, SO SOME DISCLAIMERS MAY NOT APPLY TO YOU.
26. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, TAPROBANE LABS AND ITS MEMBERS, MANAGERS, OFFICERS, EMPLOYEES, CONTRACTORS, AFFILIATES, LICENSORS, SERVICE PROVIDERS, AND AGENTS WILL NOT BE LIABLE FOR ANY:
- INDIRECT DAMAGES.
- INCIDENTAL DAMAGES.
- SPECIAL DAMAGES.
- CONSEQUENTIAL DAMAGES.
- EXEMPLARY DAMAGES.
- PUNITIVE DAMAGES.
- PERSONAL INJURY.
- DEATH.
- PROPERTY DAMAGE.
- LOST PROFITS.
- LOST REVENUE.
- LOST BUSINESS.
- LOST OPPORTUNITY.
- LOST SAVINGS.
- LOSS OF GOODWILL.
- LOSS, CORRUPTION, OR DISCLOSURE OF DATA.
- COST OF SUBSTITUTE SERVICES.
- BUSINESS INTERRUPTION.
- COMPETITIVE LOSS.
- ATHLETIC LOSS.
- TEAM DISPUTE.
- REPUTATIONAL HARM.
- UNAUTHORIZED ACCESS.
- RELIANCE DAMAGES.
THIS LIMITATION APPLIES REGARDLESS OF:
- THE LEGAL THEORY ASSERTED.
- WHETHER THE CLAIM ARISES IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, STATUTE, OR OTHERWISE.
- WHETHER TAPROBANE LABS WAS ADVISED THAT THE DAMAGE WAS POSSIBLE.
- WHETHER A REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, TAPROBANE LABS' TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THE SERVICE OR THESE TERMS WILL NOT EXCEED THE GREATER OF:
- THE AMOUNT YOU PAID DIRECTLY FOR THE SERVICE DURING THE SIX MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM; OR
- FIFTY U.S. DOLLARS.
THESE LIMITATIONS APPLY TO CLAIMS ARISING FROM OR RELATING TO:
- SPORTS OR ATHLETIC ACTIVITY.
- PLAYS OR INSTRUCTIONS.
- PERSONAL INJURY OR PROPERTY DAMAGE.
- USER CONTENT.
- PUBLIC OR TEAM SHARING.
- LOST OR CORRUPTED CONTENT.
- SERVICE INTERRUPTION.
- ACCOUNT ACCESS.
- TEAM ADMINISTRATION.
- SUBSCRIPTIONS.
- THIRD-PARTY SERVICES.
- SECURITY INCIDENTS.
- UNAUTHORIZED DISCLOSURE.
- ACTIONS OF OTHER USERS.
NOTHING IN THESE TERMS EXCLUDES LIABILITY THAT CANNOT LEGALLY BE EXCLUDED. YOUR RIGHTS MAY VARY BY JURISDICTION.
27. Release
To the maximum extent permitted by law, you release Taprobane Labs and its members, managers, officers, employees, contractors, affiliates, licensors, service providers, and agents from claims, demands, losses, liabilities, damages, and expenses arising from or relating to:
- Disputes with other users.
- Coaches, athletes, parents, teams, schools, leagues, or organizations.
- The implementation of a play.
- Sports participation.
- User Content.
- Shared content.
- Unauthorized forwarding or copying.
- Team administration.
- Invitations or removals.
- Athletic injury.
- Game or competition results.
- Reliance on content.
- Third-party services.
If you are a California resident, you waive California Civil Code Section 1542 to the extent legally permissible. Section 1542 generally provides that: "A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party."
Residents of other jurisdictions waive comparable protections to the maximum extent permitted by law.
28. Indemnification
To the maximum extent permitted by law, you agree to defend, indemnify, and hold harmless Taprobane Labs and its members, managers, officers, employees, contractors, affiliates, licensors, service providers, and agents from and against all claims, demands, proceedings, liabilities, losses, judgments, settlements, damages, penalties, fines, costs, and expenses, including reasonable attorneys' fees, arising from or relating to:
- Your use or misuse of the Service.
- Your User Content.
- Your implementation or communication of any play.
- Injury, death, or property damage connected to your activities.
- Your supervision or failure to supervise another person.
- Your team, organization, players, members, invitees, or participants.
- Your violation of these Terms.
- Your violation of applicable law.
- Your violation of another person's rights.
- Your collection or disclosure of personal information.
- Your failure to obtain required consent.
- Your public or private sharing of content.
- Your account or credentials.
- Your dispute with another user or organization.
- Your negligence, misconduct, representations, or omissions.
Taprobane Labs may assume exclusive control of the defense of a matter subject to indemnification. You agree to cooperate fully and may not settle a matter imposing liability, admission, restriction, or obligation on Taprobane Labs without our prior written consent.
29. Dispute Resolution and Informal Resolution
Please read this section carefully. It affects your legal rights.
Before filing a formal claim, you and Taprobane Labs agree to attempt to resolve the dispute informally. The complaining party must send a written notice describing:
- The party's name and contact information.
- The account associated with the dispute.
- The facts giving rise to the dispute.
- The legal basis for the claim.
- The specific relief requested.
Notices to Taprobane Labs must be sent to:
The parties will attempt in good faith to resolve the dispute for at least 30 days after receipt of a complete notice. Any applicable limitations period will be tolled during this 30-day period where permitted by law.
30. Binding Individual Arbitration
Except for claims qualifying for small-claims court, claims seeking emergency injunctive relief concerning unauthorized access or intellectual-property misuse, and claims that cannot legally be arbitrated, disputes arising from or relating to these Terms or the Service will be resolved through final and binding arbitration on an individual basis.
The Federal Arbitration Act governs the interpretation and enforcement of this arbitration agreement.
The arbitration will be administered by the American Arbitration Association under its applicable Consumer Arbitration Rules, as modified by these Terms.
The arbitration may be conducted by telephone, videoconference, written submissions, or in person as determined under the applicable rules.
The arbitrator may award the same individual remedies available in court but may award relief only to the individual party seeking relief and only to the extent necessary to resolve that party's individual claim.
The arbitrator will have exclusive authority to resolve disputes concerning the interpretation, applicability, enforceability, or formation of this arbitration agreement, except that a court will decide disputes concerning the class-action waiver below.
Judgment on the arbitration award may be entered in any court with jurisdiction.
31. Class-Action and Jury-Trial Waiver
TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU AND TAPROBANE LABS AGREE THAT EACH PARTY MAY BRING CLAIMS ONLY IN AN INDIVIDUAL CAPACITY.
YOU AND TAPROBANE LABS WAIVE THE RIGHT TO:
- A JURY TRIAL.
- PARTICIPATE IN A CLASS ACTION.
- ACT AS A PRIVATE ATTORNEY GENERAL.
- PARTICIPATE IN A REPRESENTATIVE ACTION.
- CONSOLIDATE CLAIMS WITH OTHER USERS.
- PARTICIPATE IN COLLECTIVE OR MASS ARBITRATION EXCEPT WHERE REQUIRED BY THE ARBITRATION PROVIDER'S NON-WAIVABLE RULES OR APPLICABLE LAW.
The arbitrator may not consolidate claims or preside over representative or class proceedings without the written consent of all parties.
If this class-action waiver is found unenforceable as to a particular claim or remedy, that claim or remedy will proceed in court after all arbitrable matters have been completed.
32. Arbitration Opt-Out
You may opt out of the arbitration agreement by sending written notice within 30 days after first accepting these Terms. The notice must include:
- Your full name.
- Your account email.
- A statement that you opt out of the SetPlays arbitration agreement.
- Your signature.
Send the notice to:
support@setplays.app
Opting out of arbitration does not opt you out of any other provision of these Terms.
33. Governing Law and Venue
These Terms are governed by and construed in accordance with the laws of the State of Texas, without regard to its conflict of law principles.
If any claim or dispute is determined to be non-arbitrable, you agree that exclusive jurisdiction and venue shall lie in the state or federal courts located in Dallas County, Texas.
Nothing in this section deprives consumers of protections that cannot be waived under the law of their residence.
34. Time Limit to Bring Claims
To the maximum extent permitted by law, any claim arising from or relating to the Service or these Terms must be filed within one year after the event giving rise to the claim. Claims not filed within that period are permanently barred. This limitation does not apply where prohibited by law.
35. Apple-Specific Terms
The following provisions apply when you obtain or use SetPlays through Apple's App Store:
- These Terms are between you and Taprobane Labs, not Apple.
- Taprobane Labs, not Apple, is solely responsible for the Service and its content.
- Apple has no obligation to provide maintenance or support services.
- If the application fails to conform to an applicable warranty, you may notify Apple, and Apple may refund the purchase price, if any, as required by its policies. To the maximum extent permitted by law, Apple has no other warranty obligation.
- Taprobane Labs, not Apple, is responsible for addressing claims relating to the application, including product-liability, legal-compliance, and consumer-protection claims.
- Taprobane Labs, not Apple, is responsible for investigating, defending, settling, and resolving intellectual-property infringement claims relating to the application.
- You represent that you are not located in a country subject to a United States government embargo and are not listed on a prohibited or restricted-party list.
- You must comply with applicable third-party terms when using the application.
- Apple and its subsidiaries are third-party beneficiaries of these Terms and may enforce the Apple-specific provisions against you.
If any Apple-required minimum term conflicts with these Terms, the Apple-required minimum term controls solely to the extent necessary for App Store distribution.
36. Google Play-Specific Terms
The following provisions apply when you obtain or use SetPlays through Google Play:
- These Terms are between you and Taprobane Labs, not Google.
- Google is not responsible for SetPlays or its content.
- Purchases, renewals, cancellations, and refunds may be governed by Google Play's terms and policies.
- You must manage Google Play subscriptions through your Google Play account.
- Google has no obligation to provide support for SetPlays.
- Your use of the Service must comply with applicable Google Play terms.
37. Export and Sanctions Compliance
You may not use, export, re-export, transfer, or make the Service available in violation of United States export-control, sanctions, or trade laws. You represent that:
- You are not located in a prohibited jurisdiction.
- You are not subject to applicable sanctions.
- You are not acting on behalf of a prohibited person.
- You will not use the Service for a prohibited end use.
38. Changes to These Terms
We may update these Terms from time to time. When changes are material, we may provide notice through:
- The Service.
- Email.
- Our website.
- An updated effective date.
- Another reasonable method.
Unless a different date is stated, updated Terms become effective when posted. Where legally required, we will request renewed consent. Your continued use of the Service after updated Terms become effective constitutes acceptance where permitted by law. If you do not agree to updated Terms, you must stop using the Service. Changes to the arbitration provisions will apply only as permitted by applicable law.
39. Changes to the Service
We may modify, update, suspend, limit, replace, or discontinue the Service or any feature. We may:
- Change free and paid functionality.
- Introduce limits.
- Remove obsolete functionality.
- Change supported sports or surfaces.
- Modify team functionality.
- Change storage or synchronization methods.
- Update technical requirements.
- Stop supporting devices or operating systems.
- Migrate or delete inactive content where permitted.
We are not liable for changes to or discontinuation of the Service, subject to applicable law.
40. Force Majeure
Taprobane Labs is not liable for delay or failure caused by circumstances beyond its reasonable control, including:
- Natural disasters.
- Severe weather.
- Fire.
- Flood.
- War.
- Terrorism.
- Civil unrest.
- Labor disputes.
- Government action.
- Epidemics.
- Internet failures.
- Telecommunications failures.
- Power outages.
- Cyberattacks.
- Cloud-provider failures.
- App-store actions.
- Third-party service interruptions.
41. Assignment
You may not assign or transfer these Terms or your rights under them without our prior written consent. Taprobane Labs may assign or transfer these Terms, in whole or in part, including in connection with:
- A merger.
- Acquisition.
- Reorganization.
- Financing.
- Sale of assets.
- Change of control.
- Transfer to an affiliate.
42. No Agency or Fiduciary Relationship
These Terms do not create a:
- Partnership.
- Joint venture.
- Employment relationship.
- Franchise.
- Agency.
- Fiduciary relationship.
- Coaching relationship.
- Professional-services relationship.
Neither party may bind the other except as expressly stated.
43. Waiver
Failure to enforce a provision is not a waiver. A waiver is effective only if made in writing by an authorized representative of Taprobane Labs. A waiver of one breach is not a waiver of another breach.
44. Severability
If a provision is found invalid, illegal, or unenforceable, it will be enforced to the maximum extent permitted or modified to achieve its intended purpose as closely as possible. The remaining provisions will remain in effect.
45. Entire Agreement
These Terms, the Privacy Policy, applicable purchase disclosures, and any additional terms expressly presented through the Service constitute the entire agreement between you and Taprobane Labs concerning the Service.
They supersede prior or contemporaneous discussions, representations, proposals, and agreements concerning the Service. Purchase terms imposed by Apple or Google may also apply.
46. Interpretation
Headings are for convenience only.
"Include" and "including" mean "including without limitation."
The singular includes the plural and vice versa where appropriate.
These Terms will not be interpreted against either party merely because one party drafted them.
Electronic records and signatures have the same effect as written records and signatures where permitted by law.
47. Contact Information
SetPlays is operated by:
Taprobane Labs LLC
support@setplays.app
https://setplays.app
48. Acknowledgment
BY ACCESSING OR USING SETPLAYS, YOU ACKNOWLEDGE THAT:
- YOU HAVE READ AND UNDERSTOOD THESE TERMS.
- YOU AGREE TO BE BOUND BY THEM.
- SPORTS ACTIVITIES INVOLVE INHERENT RISKS.
- SETPLAYS DOES NOT GUARANTEE SAFETY OR RESULTS.
- YOU ARE RESPONSIBLE FOR YOUR CONTENT, PARTICIPANTS, TEAMS, AND DECISIONS.
- PUBLIC OR SHARED LINKS MAY BE ACCESSED OR COPIED BY OTHERS.
- LOCAL OR CLOUD CONTENT MAY BE LOST.
- DELETING YOUR ACCOUNT DOES NOT CANCEL AN APPLE OR GOOGLE SUBSCRIPTION.
- THESE TERMS INCLUDE WARRANTY DISCLAIMERS, LIABILITY LIMITATIONS, INDEMNIFICATION OBLIGATIONS, AN ARBITRATION AGREEMENT, AND A CLASS-ACTION WAIVER.
