TERMS OF SERVICE ADDENDUM

User Content, Player Profiles, Diamond Legacy & NIL Release

By creating a "Player Profile," uploading video content for "Slugger AI" analysis, participating in the "Diamond Legacy" time capsule, or otherwise submitting content to Curveball Critiques (the "Service"), you agree to the following terms:

1. Content Ownership & License

1.1. Your Ownership. You retain ownership of the videos, photos, audio recordings, text transcripts, and personal data ("User Content") you upload or submit via SMS and web prompts. We do not claim ownership of your memories, media, or swing videos.

1.2. License to Us. By uploading User Content, you grant Curveball Critiques LLC a non-exclusive, worldwide, royalty-free, perpetual, and transferable license to host, store, use, display, reproduce, modify, and distribute your Content for the purpose of operating the Service. This includes:

  • Using videos to generate AI Swing Scores and coaching feedback.
  • Displaying your profile in our public "Player Search" directory (based on your subscription settings).
  • Compiling photos, audio transcripts, and text submissions into digital formats and physical "Diamond Legacy" memory books.
  • Transmitting necessary User Content to third-party print-on-demand fulfillment partners solely to produce and ship your purchased physical goods.
  • Using anonymized or aggregated data from your swing mechanics to improve our AI algorithms.

2. Name, Image, and Likeness (NIL) Release

2.1. Consent for Use. You acknowledge that your Player Profile is a public-facing feature intended for exposure, and that Diamond Legacy involves the reproduction of personal media. You explicitly consent to Curveball Critiques displaying, formatting, and printing your (or your child's) name, image, likeness, audio transcripts, swing videos, and "Slugger Score" statistics in connection with our platform and products.

2.2. No Compensation. You understand that you will not be compensated for the display of your profile, videos, scores, or the internal platform usage of your Diamond Legacy media.

2.3. NIL Compliance. If you are a collegiate or high school student-athlete subject to NIL (Name, Image, and Likeness) regulations, you represent that your use of this Service does not violate the rules of your specific athletic association (e.g., NCAA, NJCAA, State High School Associations). Curveball Critiques is a neutral technology platform and is not responsible for your compliance with amateurism rules.

3. Minor Safety & COPPA Compliance (Age Restrictions)

3.1. Users Under 13. The Service is not intended for direct use by children under the age of 13.

  • Parental Representation: If a Player Profile or Diamond Legacy capsule is created for a child under 13, you represent and warrant that you are the parent or legal guardian of that child.
  • Consent: By creating the account or submitting media via our prompts, you are providing verifiable parental consent for the collection, storage, and processing of your child's video, photo, audio, and text data for the sole purpose of swing analysis, profile creation, and memory book compilation.

3.2. Users 13-18. If you are between 13 and 18, you represent that you have reviewed these Terms with your parent or guardian and that they have authorized you to use the Service and upload content.

4. Prohibited Content & Community Standards

4.1. Relevant Content Only. You agree to upload only content related to baseball/softball athletic movements, team participation, and youth sports memories.

4.2. Strictly Prohibited. You are strictly prohibited from uploading or submitting via SMS:

  • Content that is sexually explicit, violent, or harassing.
  • Videos, photos, or audio containing identifiable individuals who have not consented to be recorded.
  • Music or media for which you do not own the copyright.
  • "Deepfakes" or manipulated media intended to mislead.

4.3. Right to Remove. Curveball Critiques reserves the right to remove any Profile, Video, or Diamond Legacy media at any time, for any reason, without prior notice, if we believe it violates these standards.

5. Liability Release, Fulfillment & Risk Assumption

5.1. No Coaching Guarantee. The "Slugger AI" analysis and "Slugger Score" are automated informational tools based on biomechanical algorithms. They are not a substitute for professional in-person coaching or medical advice. We do not guarantee that following the AI’s advice will prevent injury or improve performance.

5.2. Diamond Legacy Data Retention & Fulfillment. The continuous capture and storage of your Diamond Legacy media requires an active subscription. We reserve the right to archive or permanently delete stored photos, audio, and text following the cancellation of a subscription or a prolonged failure of payment. Physical memory books are manufactured and shipped by a third-party print API; as such, Curveball Critiques LLC is not liable for manufacturing defects, color variances, shipping delays, or physical damage incurred during transit.

5.3. Physical Activity Risk. You understand that practicing baseball involves the risk of physical injury. You voluntarily assume all risks associated with performing the drills or swing changes suggested by our analysis.

5.4. Release. You hereby release and hold harmless Curveball Critiques LLC, its owners, employees, and affiliates from any claims, damages, or liabilities arising from:

  • The public display of your Player Profile or the printing of your Diamond Legacy materials.
  • Any injury sustained while practicing baseball.
  • Any unauthorized use of your content by third parties who view it on our site.
  • Any loss of amateur status or eligibility resulting from your use of the platform.
  • The loss of uploaded media due to account termination, subscription lapse, or technical failure.

DIAMOND LEGACY USER AGREEMENT

Curveball Critiques LLC — Capture, Storage & Printing of Your Family's Memories

By checking the "I Agree" box, purchasing the "Legacy Builder" or "Senior Sprint" package, or utilizing the Diamond Legacy Digital Vault on CurveballCritiques.com, you (the "User" or "Parent") agree to the following terms and conditions governing the capture, storage, and printing of your family's memories.

1. Content Ownership and Licensing

Your Ownership: You retain full ownership of the videos, audio recordings, photos, and personal stories ("User Content") that you upload to the Diamond Legacy Digital Vault.

License to Us: By uploading User Content, you grant Curveball Critiques LLC a non-exclusive, worldwide, royalty-free, perpetual, and transferable license to host, store, transcribe, modify, and format your Content solely for the purpose of operating the service. This includes securely routing your compiled text, images, and generated QR codes to our third-party Print-on-Demand partners to manufacture and drop-ship your physical hardcover book.

2. Minor Safety & COPPA Compliance (Age Restrictions)

Parental Representation: The Diamond Legacy service involves processing videos and memories of children. By creating an account and uploading content, you represent and warrant that you are the parent or legal guardian of the child featured in the media.

Consent: You are providing verifiable parental consent for Curveball Critiques LLC to collect, process, transcribe, and store your child's video and audio data for the sole purpose of generating the Diamond Legacy digital time capsule and physical book.

3. Privacy and the "Family Vault" Display

Default Privacy: Your entire Diamond Legacy Digital Vault is completely private to your account by default.

Opt-In Public Sharing: If you choose to utilize the "Family Vault" feature to publicly showcase specific selected videos on your child's Curveball Critiques Player Profile, you explicitly consent to Curveball Critiques displaying your (or your child's) name, image, and likeness on our public platform. You understand that you will not be compensated for the display of these memories on the Service.

4. Prohibited Content & Community Standards

To comply with our print partners and community standards, you agree to upload only appropriate family and athletic memories. You are strictly prohibited from uploading:

  • Content that is sexually explicit, violent, or harassing.
  • Videos containing identifiable individuals who have not consented to be recorded.
  • Music, professional game broadcasts, or media for which you do not own the copyright.

Right to Remove: Curveball Critiques reserves the right to delete any content or terminate access to the Digital Vault at any time, without prior notice, if we believe it violates these standards.

5. Printing, Fulfillment, and Refunds

Custom Fulfillment: The Diamond Legacy hardcover book is a custom-manufactured product. Because books are custom-printed on demand based on your specific uploads, no refunds will be issued once your digital draft is approved and sent to our third-party printer.

Quality & Logistics: Curveball Critiques LLC acts solely as a digital software provider and fulfillment facilitator. We do not own the printing facilities. We are not liable for blurry prints resulting from low-resolution user photo uploads, nor are we liable for shipping delays or damage caused by the third-party manufacturer or mail carriers.

6. Limitation of Liability & Risk Assumption

You hereby release and hold harmless Curveball Critiques LLC, its owners, employees, and affiliates from any claims, damages, or liabilities arising from:

  • The accidental loss, corruption, or deletion of your digital memories.
  • The unauthorized use or scraping of your content by third parties if you choose to make videos public on the Player Profile.
  • Any loss of amateur status or eligibility resulting from your use of the platform and public sharing of videos.