Tryout TrackerLegal

Terms of Service

Last updated: May 23, 2026

These Terms of Service ("Terms") form a legally binding agreement between you ("you", "your", "Customer", "Program", or "Organization") and Tryout Tracker, LLC ("Tryout Tracker", "we", "us", or "our"), governing your access to and use of the Tryout Tracker website, web application, mobile interfaces, APIs, and related services (collectively, the "Service"). By creating an account, accepting an invitation, scoring an athlete, submitting a signup, or otherwise accessing or using the Service, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy and Refund & Cancellation Policy. If you do not agree, you must not use the Service.

1. Who Can Use the Service

The Service is intended for schools, school districts, athletic departments, cheer programs, dance teams, all-star gyms, club programs, coaches, and similar organizations (each, a "Program") that run structured tryouts and roster decisions. To create an admin or owner account, you must be at least eighteen (18) years old (or the age of majority in your jurisdiction) and have authority to bind the Program you register. Judges, assistants, and athlete signup users may be minors only with appropriate parental, guardian, school, or coach consent.

If you are signing up on behalf of a school, school district, public charter, university, or other public entity, you represent that you have authority to accept these Terms on its behalf and that no additional procurement, board approval, or vendor agreement is required for your initial use. Districts that require a separate master services or data privacy agreement should contact us before uploading student data.

2. Beta Period & Service Evolution

Parts of the Service are offered in a beta or early-access capacity. Features may be added, modified, deprecated, or removed at any time. The Service may experience downtime, bugs, data corrections, or schema migrations. We do not guarantee uninterrupted, error-free, or loss-free operation, particularly during beta. Your use of beta features is at your own risk and, where applicable, governed by any additional beta terms presented in-app.

3. Accounts, Roles & Security

You are solely responsible for (a) maintaining the confidentiality of your credentials, invite codes, magic links, and athlete result codes; (b) all activity that occurs under your account; (c) the accuracy of the information you provide; and (d) promptly notifying us of any actual or suspected unauthorized access. You must not share a single admin account among multiple individuals where the Service offers separate seats.

4. Multi-Tenant Use & Data Isolation

The Service is multi-tenant. Each Program operates within an isolated tenant. You may access only the Programs to which you have been invited or which you have created. You must not attempt to access, view, modify, copy, scrape, or test the security of any tenant other than your own, except through a written authorized security testing agreement with us.

5. Acceptable Use

You agree not to, and not to permit any user, judge, athlete, parent, or third party to:

6. Your Data & License Grant

As between you and us, the Program retains all right, title, and interest in and to the athlete, judge, score, rubric, photo, roster, comment, and other content uploaded, generated, or transmitted through the Service in connection with that Program ("Your Data"). You grant Tryout Tracker, LLC a worldwide, non-exclusive, royalty-free, fully paid-up license to host, store, copy, transmit, adapt, and display Your Data solely as necessary to (a) provide, secure, maintain, and improve the Service, (b) prevent or address technical, safety, or security issues, (c) generate aggregated and de-identified analytics that do not identify any individual or Program, and (d) comply with legal obligations and enforce these Terms.

You represent and warrant that you have all rights, consents, and permissions necessary to upload Your Data and grant the license above, and that Your Data does not violate any law or third-party right.

7. Schools, Coaches, Minors & Consent

You acknowledge that the Service is commonly used to evaluate minors. The Program is solely responsible for obtaining all parental, guardian, school district, and individual consents required by applicable law before uploading information, contact details, or photos of any minor. This includes, where applicable, consents required under the Children's Online Privacy Protection Act ("COPPA"), the Family Educational Rights and Privacy Act ("FERPA"), state student-data privacy laws, the General Data Protection Regulation ("GDPR"), the California Consumer Privacy Act / California Privacy Rights Act ("CCPA/CPRA"), and similar laws.

FERPA & school official designation. For Programs operated by U.S. educational agencies or institutions subject to FERPA, you may designate Tryout Tracker, LLC as a "school official" with a "legitimate educational interest" under 34 CFR §99.31(a)(1) for the limited purpose of providing the Service. We will (i) use education records only to provide the Service to you, (ii) remain under your direct control with respect to those records, and (iii) not redisclose education records except as permitted by FERPA or as you direct.

COPPA. The Service is not directed to children under 13. Where a Program permits athletes under 13 to interact with the Service (for example, via a parent-completed signup link), the Program represents that it has obtained verifiable parental consent where required and that we act as its agent in collecting limited information solely to deliver the Service to the Program.

8. Photos & Sensitive Content

Programs may upload athlete photos for identification during tryouts. Photos are stored in protected storage and are accessible only to authorized members of that Program. You must not upload nude, sexualized, medical, or otherwise sensitive imagery. Tryout Tracker, LLC may remove content that violates these Terms or applicable law without notice.

9. AI-Assisted Features

The Service includes optional AI-assisted features (for example, rubric extraction, athlete import parsing, bias detection, recommendations, summaries). When you use these features, your inputs are sent to third-party AI providers acting on our behalf under contracts prohibiting training on your inputs except as expressly permitted for enterprise/API use. AI outputs are recommendations only, may be incomplete or inaccurate, and are intended to support - not replace - human judgment. You are solely responsible for any decision you make based on an AI output.

10. Fees, Billing & Taxes

Some features are free; others are available on paid plans ("Subscription"). Pricing, billing frequency, and features for each plan are described in-app or in an order form. Unless otherwise stated, fees are quoted in U.S. dollars and exclude all taxes, levies, and duties, for which you are responsible (other than taxes on our net income).

Refunds and cancellations are governed by our Refund & Cancellation Policy.

11. Suspension & Termination

We may suspend, restrict, or terminate your access to all or part of the Service at any time if (a) we reasonably believe you have violated these Terms, (b) your use poses a security, legal, financial, or operational risk, (c) payment is overdue, (d) we are required to do so by law, or (e) we discontinue the Service or any feature. We will use commercially reasonable efforts to give notice before suspension except where immediate action is necessary.

You may cancel at any time from in-app account settings, as described in our Refund & Cancellation Policy. Upon termination, your right to access the Service ceases. We will retain Your Data for a reasonable period to permit export, then delete it, except as required to retain by law.

12. Data Export & Retention

While your account is active, you may export athletes, rosters, and scores in CSV format from in-app tools. Following termination or downgrade, we will preserve Your Data for at least thirty (30) days to permit export, after which we may delete it. Residual copies may remain in encrypted backups for a limited period before being overwritten.

13. Intellectual Property

The Service, including all software, designs, text, graphics, logos, trademarks, and content (excluding Your Data), is owned by Tryout Tracker, LLC or its licensors and is protected by intellectual property laws. Subject to your compliance with these Terms, we grant you a limited, revocable, non-exclusive, non-transferable, non-sublicensable license to access and use the Service solely for its intended purpose. "Tryout Tracker" and the Tryout Tracker logo are trademarks of Tryout Tracker, LLC. All rights not expressly granted are reserved.

14. Feedback

If you submit ideas, suggestions, feature requests, bug reports, or other feedback, you grant Tryout Tracker, LLC a perpetual, irrevocable, worldwide, royalty-free license to use, modify, incorporate, and commercialize that feedback for any purpose without obligation or compensation to you.

15. Third-Party Services

The Service may interoperate with or rely on third-party services (for example, authentication providers, hosting and database infrastructure, email delivery, AI providers, analytics, payment processors). We are not responsible for the availability, accuracy, content, or practices of any third-party service, and your use of those services is governed by their respective terms and privacy policies.

15a. DMCA & Copyright Complaints

Tryout Tracker, LLC respects the intellectual property rights of others and complies with the U.S. Digital Millennium Copyright Act ("DMCA"). If you believe that content available through the Service infringes your copyright, please send a written notice to our designated copyright agent that includes all elements required by 17 U.S.C. § 512(c)(3), including: (i) a physical or electronic signature of the rights holder or authorized agent; (ii) identification of the copyrighted work claimed to be infringed; (iii) identification of the allegedly infringing material and sufficient information to locate it; (iv) your contact information; (v) a statement of good-faith belief that use is not authorized; and (vi) a statement, under penalty of perjury, that the information is accurate and that you are authorized to act. We may remove or disable allegedly infringing material and, in appropriate circumstances, terminate the accounts of repeat infringers.

Designated Copyright Agent: Tryout Tracker, LLC, Attn: DMCA Agent, Commonwealth of Virginia, USA. Email: legal@tryouttracker.org. Counter-notices may be submitted to the same address and must satisfy 17 U.S.C. § 512(g)(3).

16. Disclaimer of Warranties

THE SERVICE AND ALL CONTENT ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY LAW, TRYOUT TRACKER, LLC, ITS AFFILIATES, OPERATORS, SUPPLIERS, AND LICENSORS DISCLAIM ALL WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, AND ANY WARRANTY ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR THAT ANY DEFECTS WILL BE CORRECTED, OR THAT ANY RESULT, RANKING, OR RECOMMENDATION WILL BE ACCURATE OR FAIR.

17. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL TRYOUT TRACKER, LLC, ITS AFFILIATES, OPERATORS, OFFICERS, MEMBERS, EMPLOYEES, AGENTS, SUPPLIERS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, REVENUE, DATA, GOODWILL, ROSTER OUTCOMES, OR BUSINESS OPPORTUNITY, ARISING OUT OF OR RELATED TO THESE TERMS OR YOUR USE OF (OR INABILITY TO USE) THE SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

OUR TOTAL CUMULATIVE LIABILITY ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICE WILL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID TRYOUT TRACKER, LLC IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED U.S. DOLLARS ($100). The limitations in this section apply to the fullest extent permitted by law, even if any limited remedy fails of its essential purpose.

18. Indemnification

You agree to defend, indemnify, and hold harmless Tryout Tracker, LLC and its affiliates, operators, officers, members, employees, agents, suppliers, and licensors from and against any and all claims, demands, losses, liabilities, damages, costs, and expenses (including reasonable attorneys' fees) arising out of or related to (a) Your Data, (b) your use of or reliance on the Service or any AI-generated output, (c) any roster, cut, or eligibility decision made by your Program, (d) your violation of these Terms, (e) your violation of any law or third-party right (including consent and privacy obligations regarding minors and student records), or (f) any dispute between you and another user, athlete, parent, guardian, judge, coach, school, or Program.

19. Governing Law, Arbitration & Class Waiver

Governing law. These Terms, and any dispute arising out of or relating to these Terms or the Service, are governed by the Federal Arbitration Act, applicable U.S. federal law, and the laws of the Commonwealth of Virginia, without regard to its conflict-of-laws principles. The U.N. Convention on Contracts for the International Sale of Goods does not apply.

Informal resolution. Before filing a claim, you agree to attempt to resolve the dispute informally by sending a written notice describing the dispute, your contact information, and the relief sought to legal@tryouttracker.org. We will attempt to resolve the dispute through good-faith negotiations within sixty (60) days.

Binding arbitration. Except for claims described in "Exceptions" below, any dispute, claim, or controversy between you and Tryout Tracker, LLC arising out of or relating to these Terms or the Service (a "Dispute") that is not resolved informally will be resolved by final and binding individual arbitration administered by the American Arbitration Association ("AAA") under its Commercial Arbitration Rules and, where applicable, its Consumer Arbitration Rules, available at adr.org. The arbitration will be conducted by a single arbitrator. The seat of arbitration is Richmond, Virginia; the hearing (if any) may be conducted remotely or in the county where you reside. The arbitrator has exclusive authority to resolve any Dispute, including the scope, enforceability, and arbitrability of this agreement to arbitrate. Judgment on the award may be entered in any court of competent jurisdiction.

Class action and jury waiver. YOU AND TRYOUT TRACKER, LLC 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 and may not preside over any form of representative proceeding. YOU AND TRYOUT TRACKER, LLC ALSO WAIVE ANY RIGHT TO A JURY TRIAL.

Coordinated or mass filings (bellwether process). If twenty-five (25) or more substantially similar arbitration demands are filed against Tryout Tracker, LLC by or with the coordination of the same law firm or group of law firms within a sixty (60) day period (a "Mass Filing"), the parties agree the demands will be administered in staged batches to promote fair and efficient resolution. The first batch will consist of up to ten (10) bellwether arbitrations selected by counsel for each side (five each), which will proceed first. All other demands in the Mass Filing will be stayed, and the limitations period for those stayed demands will be tolled, until the bellwether arbitrations conclude. After the bellwether round, the parties will engage in good-faith global mediation for at least sixty (60) days before any additional arbitrations proceed. If the parties cannot agree on a mediator, AAA will appoint one. Any provision of this paragraph that is held unenforceable by an arbitrator or court will be severed and the remainder of Section 19 will continue in effect. Nothing in this paragraph waives the class-action waiver above.

30-day opt-out. You may opt out of this arbitration and class-waiver agreement by sending written notice to legal@tryouttracker.org within thirty (30) days after first accepting these Terms. The notice must include your full name, the email associated with your account, your Program name, and a clear statement that you wish to opt out. Opting out does not affect any other part of these Terms.

Exceptions. Either party may (i) bring an individual action in a small-claims court for Disputes within that court's jurisdiction; (ii) seek injunctive or other equitable relief in court to protect its intellectual property rights or confidential information; and (iii) pursue claims that cannot be arbitrated as a matter of applicable law. Public injunctive relief claims, if any, will be brought in court rather than arbitration.

Forum for non-arbitrable claims. For any Dispute not subject to arbitration, you and Tryout Tracker, LLC submit to the exclusive jurisdiction of the state and federal courts located in the City of Richmond, Virginia, and waive any objection to venue there.

Time limit. Any cause of action arising out of or related to these Terms or the Service must be commenced within one (1) year after the cause of action accrues, or it is permanently barred, except where a longer period is required by applicable law.

If any portion of this Section 19 (other than the class-waiver paragraph) is found unenforceable, that portion will be severed and the remainder will continue in effect. If the class-waiver paragraph is found unenforceable as to a particular claim, that claim (and only that claim) will proceed in court rather than arbitration.

20. Export & Sanctions

You represent that you are not located in, under the control of, or a national or resident of any country subject to U.S. embargo or designated by the U.S. government as a "terrorist supporting" country, and that you are not on any U.S. government list of prohibited or restricted parties.

21. Changes to These Terms

We may modify these Terms from time to time. If we make material changes, we will notify you through the Service or via the email associated with your account at least fourteen (14) days before they take effect (except for changes required by law, which may take effect immediately). Your continued use of the Service after changes take effect constitutes acceptance. If you do not agree, you must stop using the Service and may cancel as described in our Refund & Cancellation Policy.

22. Miscellaneous

Entire agreement. These Terms, together with our Privacy Policy and Refund & Cancellation Policy, constitute the entire agreement between you and Tryout Tracker, LLC regarding the Service and supersede any prior agreements. No purchase order or similar document issued by you will modify these Terms; any such terms are expressly rejected.

Severability and waiver. If any provision is held invalid or unenforceable, the remaining provisions will remain in full force, and the invalid provision will be enforced to the maximum extent permitted by law. Our failure to enforce any right or provision is not a waiver.

Assignment. You may not assign or transfer these Terms, by operation of law or otherwise, without our prior written consent. We may assign these Terms freely, including in connection with a merger, acquisition, reorganization, financing, or sale of assets. Any prohibited assignment is void.

Relationship. The parties are independent contractors; no agency, partnership, joint venture, employment, or fiduciary relationship is created. There are no third-party beneficiaries of these Terms.

Force majeure. Neither party will be liable for any delay or failure to perform (other than payment obligations) caused by events beyond its reasonable control, including acts of God, war, terrorism, civil unrest, labor disputes, pandemic, government action, internet or cloud-provider outages, denial-of- service attacks, fire, flood, or other natural disasters.

Notices. We may give you notice through the Service, by email to the address on file, or by posting on our website, and any such notice is deemed given when sent or posted. Legal notices to Tryout Tracker, LLC must be sent in writing to Tryout Tracker, LLC, Attn: Legal, legal@tryouttracker.org, and are effective upon our acknowledgment of receipt.

Electronic communications and consent. You consent to receive communications from us electronically, including contracts, notices, disclosures, and other information, and you agree that such electronic communications satisfy any legal requirement that they be in writing. You agree that an electronic acceptance (such as clicking "I agree" or continuing to use the Service) has the same legal effect as a handwritten signature.

Survival. Sections that by their nature should survive termination will survive, including Sections 5 (Acceptable Use), 6 (Your Data & License Grant), 13 (Intellectual Property), 14 (Feedback), 16 (Disclaimer of Warranties), 17 (Limitation of Liability), 18 (Indemnification), 19 (Governing Law, Arbitration & Class Waiver), 21 (Changes to These Terms), 22 (Miscellaneous), and any payment obligations accrued before termination.

Headings. Section headings are for convenience only and do not affect interpretation.

23. Contact

Tryout Tracker, LLC
Commonwealth of Virginia, USA
General: tryouttracker@gmail.com
Legal, DMCA & arbitration notices: legal@tryouttracker.org
Privacy: privacy@tryouttracker.org
Phone / text: (804) 464-3152

← Back to Tryout Tracker · Privacy Policy · Refunds & Cancellation