Terms of Service

1. Who May Use the Services

You must be at least 18 years old to create an account and agree to these Terms on your own behalf. An athlete under 18 may use the Services only if a parent or legal guardian enrolls them, agrees to these Terms on their behalf, and signs our New Athlete Agreement (the liability waiver and consent form). By enrolling a minor, you represent that you are that athlete's parent or legal guardian with authority to do so. The Services are intended for athletes who are at least 13 years old; we do not knowingly enroll athletes, or collect information from anyone, under the age of 13.

2. Accounts

Coaches create athlete accounts; there is no open self-registration. You are responsible for keeping your login credentials confidential and for all activity under your account. Accounts are for a single individual and may not be shared. Athletes can view and log their own training only; they cannot edit programming or access any other athlete's information. Please notify us promptly at contact@grounduppitching.com if you believe your account has been compromised.

3. The Services; Not Medical Advice

The Services provide individualized, remote baseball pitching, strength and conditioning, mobility, and arm-care programming delivered through our application and online communication. Training is performed remotely and without our in-person supervision. The Services are for athletic and performance-training purposes only and are not medical advice, diagnosis, treatment, or physical therapy, and are not a substitute for care from a qualified healthcare professional. Always consult a qualified provider before beginning the program and regarding any injury or health concern.

4. Health, Safety, and Assumption of Risk

Baseball and training activities carry inherent risks of injury. Before an athlete participates, the athlete (and, for a minor, a parent or guardian) must read and sign our separate New Athlete Agreement, which includes an assumption of risk and a release and waiver of liability. Those terms are incorporated into these Terms by reference. You agree to train in a safe environment with appropriate equipment, to follow the prescribed programming responsibly, and to stop and seek medical attention if you experience pain or any sign of injury.

5. No Guarantee of Results

We do not guarantee any particular result, including velocity gains, performance improvement, health outcomes, playing time, recruitment, scholarships, or professional opportunities. Individual results depend on many factors outside our control and will vary.

6. Membership, Billing, and Cancellation

Membership is a recurring monthly subscription. The monthly price is set by us for each athlete and may be individually negotiated; published tiers are reference prices only. Fees are billed in advance through our third-party payment processor (Stripe) and automatically renew each month until cancelled. You are responsible for keeping a valid payment method on file, and we may suspend access for non-payment.

Either party may cancel a membership, effective at the end of the then-current billing period. Except where required by law, fees already paid are non-refundable and partial months are not prorated. We may change prices on a going-forward basis with reasonable notice.

7. Content You Provide

You may upload video, notes, and training data ("Your Content"). You retain ownership of Your Content. You grant us a limited, non-exclusive license to store, display, and use Your Content solely to provide and improve the Services for you (for example, so a coach can review your video and give feedback). You are responsible for Your Content and represent that you have the right to share it and that it does not violate any law or third-party right.

8. Our Content and Intellectual Property

The Services, including our programming, drills, cues, written materials, application, and branding, are owned by us or our licensors and are protected by intellectual-property laws. We grant you a limited, personal, non-transferable license to use them for your own training while you are enrolled. You may not copy, resell, distribute, publish, or share our programming or materials with anyone else.

9. Acceptable Use

• Do not share your account or your assigned programming with others.
• Do not attempt to access another athlete's data or any part of the Services you are not authorized to use.
• Do not misuse, disrupt, reverse-engineer, or scrape the Services.
• Do not upload unlawful, harmful, or infringing content.

10. Privacy

Our Privacy Policy explains what information we collect and how we handle it, including information about athletes who are minors. By using the Services, you acknowledge our Privacy Policy.

11. Disclaimers

The Services are provided "as is" and "as available," without warranties of any kind, whether express or implied, including implied warranties of merchantability, fitness for a particular purpose, and non-infringement, to the fullest extent permitted by law.

12. Limitation of Liability

To the fullest extent permitted by law, and except for liability that cannot be limited under California law (including liability for gross negligence, recklessness, or willful misconduct), we and our members, coaches, employees, and agents will not be liable for any indirect, incidental, special, consequential, or punitive damages, or for lost profits or data, arising out of or related to the Services. Nothing in these Terms limits any right you cannot waive under law. This section works together with the release in the New Athlete Agreement.

13. Indemnification

You agree to indemnify and hold us and our members, coaches, employees, and agents harmless from any claim, loss, or expense (including reasonable attorneys' fees) arising out of your use of the Services or your breach of these Terms, except to the extent caused by our gross negligence or willful misconduct.

14. Termination

You may stop using the Services at any time by cancelling your membership. We may suspend or terminate access at any time, including for non-payment, breach of these Terms, or any conduct or condition we reasonably believe to be unsafe. Sections that by their nature should survive termination — including intellectual property, disclaimers, limitation of liability, indemnification, and governing law — will survive.

15. Changes to the Services or These Terms

We may update the Services or these Terms from time to time. If we make material changes, we will update the "Last updated" date above and, where appropriate, provide additional notice. Your continued use of the Services after changes take effect means you accept the updated Terms.

16. Governing Law and Disputes

These Terms are governed by the laws of the State of California, without regard to its conflict-of-laws rules. Any dispute will be brought exclusively in the state or federal courts located in Los Angeles County, California, and you consent to their jurisdiction.

If any provision of these Terms is held unenforceable, that provision will be limited or removed to the minimum extent necessary and the remaining provisions will stay in full effect. These Terms, together with the Privacy Policy and the New Athlete Agreement, are the entire agreement between you and Ground Up regarding the Services.

17. Contact

Questions about these Terms? Contact us at contact@grounduppitching.com.