Terms

AWRE Sports – Terms of Use

Last Updated: 8/2024
Welcome to AWRE Sports (awresports.com) ("AWRE Sports," "AWRE," "we," "us," or "our"). These Terms of Use ("Terms") govern your access to and use of our websites, mobile apps, AWRE AIR video systems, and all related services, products, and platforms (collectively, the "Services").
Please read these Terms carefully before using the Services. By accessing or using the Services, you agree to be bound by these Terms. If you do not agree with any part of these Terms, please do not use the Services.
1. Content Ownership and License
1.1 User Content Ownership
AWRE Sports values the content you contribute to our platform, including videos, audio, data, statistics, performance metrics, clips, graphics, text, and any other materials (collectively, "User Content").
As between you and AWRE Sports, you retain all ownership rights in and to your User Content. These Terms do not transfer ownership of User Content from you to AWRE.
However, by uploading, posting, streaming, or otherwise submitting User Content in connection with the Services, you grant AWRE Sports the license described below.
1.2 License to AWRE Sports
By submitting User Content, you grant AWRE Sports a perpetual, irrevocable, worldwide, royalty-free, fully paid, non-exclusive, sublicensable, and transferable license to:
Use, host, store, reproduce, modify, adapt, publish, translate, distribute, publicly display, publicly perform, and create derivative works of your User Content
In connection with the operation, promotion, improvement, and commercialization of the Services and AWRE's business.
This license allows AWRE Sports to, without limitation:
Host, store, and display your User Content on the platform
Share, promote, and distribute User Content on AWRE's official channels, websites, apps, and affiliated partners' platforms for marketing, promotional, and product purposes
Use User Content in advertising, highlight reels, collages, or compilations across multiple users and teams
Analyze, process, and enrich User Content (including via AI and analytics) to improve the Services and provide personalized features and insights
Develop new features, products, and services based on insights or data derived from User Content.
You agree that this license includes the right for AWRE Sports to make User Content available to other users of the Services and to third parties with whom AWRE works, subject to these Terms and our Privacy Policy.
1.3 AWRE AIR Video Systems and Related Data
If you use AWRE AIR video systems, mobile capture, or any hardware/software solution connected to AWRE (including cameras, sensors, or related technologies), you acknowledge and agree that AWRE Sports may capture, store, and process video, audio, and other data (collectively, "AWRE AIR Data") during your use of the Services and during associated events.
You grant AWRE Sports the right to collect, store, use, process, analyze, and publish AWRE AIR Data in accordance with:
These Terms; and
Our Privacy Policy; and
Applicable laws and regulations.
AWRE AIR Data may include, without limitation, full-game video, practice footage, training sessions, highlight clips, associated metadata, and derived analytics.
1.4 User Content Usage Guidelines and Attribution
AWRE Sports respects that you own your User Content and will make reasonable efforts to provide attribution (e.g., team name, organization name, or user handle) where practicable in promotional or public-facing uses. However:
Attribution is not guaranteed, and
You agree not to enforce any claim, or seek compensation, solely due to lack of attribution.
Once User Content is uploaded or streamed to AWRE Sports, it may be viewable, sharable, and accessible by other users and, in some cases, by the public, depending on the applicable settings and Services. You are solely responsible for any User Content you provide or enable.
1.5 Content Removal, Modifications, and Retention
AWRE Sports strives to maintain the integrity and accuracy of User Content. However, we reserve the right, at our sole discretion, to:
Remove, modify, or refuse to display any User Content or AWRE AIR Data
For any reason, including but not limited to violation of these Terms, infringement of third-party rights, suspected abuse, or content deemed inappropriate.
We may, but are not obligated to, retain User Content or AWRE AIR Data for operational, legal, archival, or analytics purposes. While AWRE will make reasonable efforts to store and maintain User Content, we do not guarantee preservation indefinitely. You are solely responsible for backing up any valuable User Content.
1.6 User Content Representations and Warranties
By submitting User Content (including AWRE AIR Data), you represent, warrant, and covenant that:
You have the legal right and authority to grant the licenses and permissions described in these Terms.
Your User Content does not infringe any copyright, trademark, patent, trade secret, privacy, publicity, or other proprietary or personal right of any third party.
Your User Content does not violate any applicable law, regulation, school/league policy, or contractual obligation.
You have obtained all necessary consents, permissions, and releases from individuals (including players, coaches, officials, spectators, and staff) who appear in or are identifiable in the User Content.
You will pay all royalties, fees, and any other monies owed as a result of User Content you post or stream using the Services.
1.7 Minors and Player Data
If you post or manage any User Content or data relating to a minor under the age of 13 (a "Minor"), including without limitation player stats, performance data, or video recordings (collectively, "Minor Data"), you represent, warrant, and covenant that:
Either: (i) You are the parent or legal guardian of such Minor and you consent to the collection, use, and processing of Minor Data by AWRE Sports and the Services consistent with these Terms and our Privacy Policy; or (ii) You have obtained verifiable parental or legal guardian consent for such Minor Data and will provide proof of such consent to AWRE upon request.
If a parent or guardian withdraws consent for a Minor:
You (and any relevant Team Admin/Organization) will promptly remove the Minor Data from the Services to the extent you control it; and/or
If they or the relevant Team Admin notify us directly, we will make reasonable efforts to remove Minor Data from the Services, consistent with our technical capabilities, our retention obligations, and applicable law.
If AWRE discovers that Minor Data was posted without any legally required consent, we may remove such Minor Data and take any additional actions we deem appropriate (including suspension or termination of accounts).
1.8 Copyright Infringement Claims
If you believe your copyrighted work has been infringed by material on the Services, please contact us with a detailed notice at info@awresports.com. We will investigate and, as appropriate, respond in accordance with the Digital Millennium Copyright Act (DMCA) and other applicable laws.
2. Prohibited Content
You agree not to upload, post, stream, or share any content that:
Violates any applicable law or regulation
Infringes any third-party intellectual property or proprietary right
Is harmful, threatening, abusive, harassing, defamatory, obscene, invasive of privacy, discriminatory, or otherwise objectionable
Contains child sexual abuse material or exploits minors in any way
Includes sensitive personal data in violation of privacy laws
Attempts to dox, intimidate, or otherwise endanger others.
AWRE Sports may remove any content that violates these standards or that we deem inappropriate, in our sole discretion.
3. User Responsibilities
3.1 All Users
You, as a user of the Services, represent, warrant, covenant, and agree that:
Compliance: Your User Content and your use of the Services will comply with these Terms, AWRE policies, and all applicable laws and regulations.
Ownership / Rights: You own or control all legal rights to User Content or otherwise have the right to grant the rights and licenses set forth in these Terms.
Royalties and Fees: You will pay for all royalties, fees, and other monies owed to any person as a result of User Content you post using the Services.
Responsibility: You are fully responsible for the legality, reliability, accuracy, and appropriateness of your User Content and your use of the Services.
Third-Party Liability: AWRE Sports is not responsible or liable to any third party for your User Content or its accuracy.
Use and Disclosure: You acknowledge and agree that AWRE Sports and others subject to these Terms may use, modify, and disclose your User Content and AWRE AIR Data as permitted in these Terms and our Privacy Policy.
Consents: With respect to any personal information, User Content, or data you post about others (including players, coaches, officials, parents, spectators, or staff), you have obtained any legally required consent, and will not post content about any individual who has lawfully objected to such posting.
You are solely responsible for your interactions with other users, online or offline. AWRE is not responsible for disputes between users but may, at its discretion, monitor or become involved in disputes in order to maintain a safe environment.
You are responsible for any costs associated with internet access, cellular data, devices, or other equipment you use in connection with the Services.
3.2 Registered Users (Accounts)
If you create an account ("Account"):
You are responsible for any activity that occurs through your Account.
You agree not to sell, transfer, license, assign, or provide any other person or entity your Account, username, or account rights.
Except for individuals expressly authorized to create accounts on behalf of their Organization, you may only create an Account for yourself.
All information you provide must be true, accurate, current, and complete, and you agree to update it as necessary.
You are responsible for keeping your password confidential and secure and may not share it with third parties.
We may assume that any activity performed using your login credentials originates from you or your Account, and will act accordingly. You may not use another person's Account without our express written permission.
3.3 Team Admins, Organizations, and Facilities
If you are a Team Admin, Organization, or Facility:
You are responsible for any activities associated with the Teams and events you manage or host, including with respect to User Content, Player Data, and Minor Data.
You are responsible for resolving any lawful complaints, objections, privacy requests, or legal claims communicated to you by Players, Users, parents/guardians, or third parties (or by AWRE on their behalf) regarding Player Data and User Content you manage or control.
Your use of the Services does not imply AWRE's approval or endorsement of your organization or its activities (e.g., coaching decisions, roster decisions, refund policies, or team rules).
3.4 Prohibited Activities
You agree that you will not:
Unauthorized Use: Decompile, reverse engineer, disassemble, modify, or create derivative works of the Services or any portion thereof.
Security Violations: Attempt to gain unauthorized access to any part of the Services, any accounts, or any systems or networks connected to the Services.
Interference: Interfere or attempt to interfere with the proper working of the Services, any transaction on the Services, or any other user's use of the Services.
Harassment: Harass, stalk, or subject any user or third party to unwanted or inappropriate contact.
Fraud: Use the Services for any fraudulent or unlawful purpose.
Impersonation: Impersonate any person or entity, including AWRE staff, or misrepresent your affiliation with any person or entity.
Viruses and Malware: Upload or transmit any virus, malware, or harmful code intended to damage or disrupt software, hardware, or networks.
Scraping and Data Mining: Use any robot, spider, scraper, data miner, or other automated means to access or extract data from the Services without AWRE's express written permission.
Unauthorized Commercial Use: Use the Services for any commercial purpose (e.g., resale, sublicensing) without AWRE's express written consent.
Unauthorized Access to Player Data: Team Admins and Organizations may not access or use Player Data outside the scope of their legitimate, disclosed activities within the Services.
Competitive Services: Access or use the Services in order to build or improve a competing product or service, or otherwise use the Services in connection with competitive services or platforms.
AWRE may suspend or terminate access to the Services for any violation of this section.
4. Termination
AWRE Sports reserves the right, at its sole discretion, to terminate or suspend your access to all or part of the Services, at any time, for any reason, including but not limited to:
Violation of these Terms;
Violation of applicable laws or regulations;
Risk of harm, abuse, or fraud; or
Operational or security needs.
Upon termination:
Your right to use the Services immediately ceases; and
You must stop all access and use of the Services.
Certain provisions of these Terms will survive termination, including without limitation those relating to ownership, licenses, indemnification, limitation of liability, and dispute resolution.
5. Modifications to the Services and Terms
AWRE Sports may update, modify, or discontinue aspects of the Services at any time.
We may also update or modify these Terms from time to time. Any changes become effective when posted to the Services. Your continued use of the Services after we post changes constitutes your acceptance of the updated Terms.
6. Intellectual Property
AWRE Sports and its licensors own all rights, title, and interest in and to:
The Services;
AWRE brands, logos, and trademarks;
All software, code, interfaces, and infrastructure; and
All content created or provided by AWRE (excluding your User Content).
Nothing in these Terms grants you any ownership interest in the Services or AWRE's intellectual property. You may not use AWRE's trademarks, logos, or branding without our prior written consent.
7. Disclaimer of Warranties
The Services are provided on an "as is" and "as available" basis, without warranties of any kind, whether express, implied, or statutory.
AWRE Sports does not warrant that:
The Services will be uninterrupted, secure, or error-free;
Any defects will be corrected;
Any content or data obtained through the Services will be accurate or reliable; or
The Services will meet your requirements or expectations.
To the fullest extent permitted by law, AWRE disclaims all warranties, including, without limitation, implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement.
8. Limitation of Liability
To the maximum extent permitted by applicable law, in no event shall AWRE Sports, its affiliates, officers, directors, employees, agents, or licensors be liable for any:
Indirect, incidental, special, consequential, punitive, or exemplary damages;
Loss of profits, goodwill, use, data, or other intangible losses;
Costs of procurement of substitute goods or services;
Unauthorized access to or alteration of your transmissions or data;
Statements or conduct of any third party on the Services; or
Any other matter related to your use or inability to use the Services.
This limitation applies regardless of the form of action (contract, tort, negligence, strict liability, or otherwise), even if AWRE has been advised of the possibility of such damages, and even if a remedy fails of its essential purpose.
In jurisdictions that do not allow the exclusion or limitation of liability for certain damages, AWRE's liability will be limited to the maximum extent permitted by law.
You acknowledge that AWRE has set its pricing and entered into these Terms in reliance upon these limitations of liability and disclaimers of warranties, and that they form an essential basis of the bargain between you and AWRE.
9. Indemnification
You agree to indemnify, defend, and hold harmless AWRE Sports and its officers, directors, employees, agents, and affiliates from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or related to:
Your use of the Services;
Your User Content or AWRE AIR Data;
Your violation of these Terms; or
Your violation of any rights of a third party (including privacy, publicity, intellectual property, or contractual rights).
AWRE reserves the right to assume the exclusive defense and control of any matter subject to indemnification by you, in which case you agree to cooperate with our defense.
10. Governing Law
These Terms are governed by and construed in accordance with the laws of the United States and, where applicable, the laws of the state specified in AWRE's corporate registration, without giving effect to its conflict of laws principles.
11. Dispute Resolution
Any disputes arising out of or related to these Terms or the Services shall be resolved through binding arbitration in accordance with the rules of the [Arbitration Association/Institution to be specified], and not in a court of general jurisdiction, except as otherwise required by law.
You and AWRE agree:
To submit to the personal jurisdiction of the arbitration body; and
That any arbitration will be conducted on an individual basis, and not as a class or representative action, to the fullest extent permitted by law.
12. Severability
If any provision of these Terms is held to be invalid or unenforceable, that provision will be enforced to the maximum extent permissible, and the remaining provisions will remain in full force and effect.
13. Entire Agreement
These Terms, together with our Privacy Policy and any other policies or agreements expressly incorporated by reference, constitute the entire agreement between you and AWRE Sports concerning your use of the Services, superseding any prior agreements between you and AWRE.
14. Conditions of Sale; Sales Tax Policy
To purchase any goods or services through AWRE (including, but not limited to, AWRE AIR installations, hardware kits, mobile subscriptions, or consumer products), you must:
Be at least 18 years old or have reached the age of majority in your jurisdiction; or
Have a parent or legal guardian complete the purchase or provide valid consent.
By providing payment information, you represent and warrant that:
You are authorized to use the payment method provided; and
All payment information (name, card number, expiration date, security code, billing address) is accurate and complete.
You hereby authorize AWRE to:
Charge your payment method for one-time purchases; and
Charge recurring fees for subscriptions or renewal payments, as described in these Terms and any applicable order or subscription flow.
14.1 Taxes – User Responsibility
You are solely responsible for all applicable taxes in connection with your purchases and use of the Services, including but not limited to:
Sales tax;
Use tax;
Value-added tax (VAT);
Duties or other governmental assessments.
AWRE may calculate, collect, and remit certain taxes where required by law, but ultimate responsibility for any tax obligations remains with you. You agree to pay all such taxes and not to hold AWRE liable for your tax obligations.
15. Subscription Policy and Automatic Renewal
15.1 Subscription Services
Certain features, content, tools, or services offered by AWRE Sports, Inc. ("AWRE," "we," "us," or "our") are available only through the purchase of a subscription ("Subscription Services"). Subscription Services may include, without limitation, access to livestreams, replays, video libraries, analytics, recruiting tools, AI-powered features, and other premium functionality.
Subscriptions may be offered on a monthly, annual, event-based, or other recurring billing basis, as disclosed at the time of purchase.
15.2 Billing and Payment Authorization
By purchasing or enrolling in a subscription, you expressly authorize AWRE to charge your selected payment method for all applicable subscription fees, taxes, and other charges on a recurring basis until you cancel in accordance with these Terms.
Subscription fees are charged in advance of the applicable billing period. Failure to pay may result in suspension or termination of access to Subscription Services.
15.3 Automatic Renewal
All subscriptions automatically renew at the end of each billing period unless canceled prior to renewal.
Upon renewal, your payment method will be charged the then-current subscription rate, unless otherwise disclosed. You acknowledge that subscription pricing may change in accordance with Section 15.9.
15.4 Free Trials, Promotional Access, and Event Pass Conversions
AWRE may, in its sole discretion, offer free trials, promotional access, discounted access, or bundled access to Subscription Services, including access provided in connection with the purchase of event passes, one-time purchases, promotional codes, or venue-initiated offers (collectively, "Promotional Access").
ALL Promotional Access automatically converts to a paid subscription immediately upon expiration of the applicable trial or promotional period, unless you cancel prior to conversion.
By enrolling in Promotional Access, purchasing an event pass that includes subscription access, or otherwise accessing Subscription Services at no charge or at a promotional rate, you expressly authorize AWRE to charge your payment method for the applicable subscription fees without further notice upon conversion.
Event passes or one-time purchases that include temporary access to Subscription Services do not prevent automatic conversion to a paid subscription, unless expressly stated otherwise at the time of purchase.
The duration of Promotional Access, applicable subscription pricing, and features included are disclosed at the time of enrollment or purchase and may vary by offer.
15.5 Cancellation
You may cancel a subscription at any time prior to the end of the then-current billing period through your account settings or as otherwise instructed at the time of purchase.
Cancellation prevents future charges but does not entitle you to a refund for any fees already paid, including fees charged following conversion from Promotional Access.
Failure to cancel prior to the end of a free trial or promotional period will result in automatic conversion to a paid subscription.
15.6 No Refunds
ALL SUBSCRIPTION FEES ARE NON-REFUNDABLE, including fees charged following:
Automatic renewal
Conversion from free trials or Promotional Access
Event pass–initiated subscription access
Except where required by applicable law, AWRE does not provide refunds, credits, or prorated billing for partial subscription periods, unused services, or early cancellation.
15.7 Account Responsibility
You are responsible for maintaining accurate billing information and for all charges incurred through your account, whether authorized by you or not.
AWRE is not responsible for charges incurred due to failure to cancel, forgotten accounts, or unused subscriptions.
15.8 Suspension or Termination
AWRE reserves the right to suspend or terminate Subscription Services, without refund, if:
Payment cannot be processed
You violate these Terms
We reasonably determine misuse, abuse, or fraudulent activity
15.9 Pricing Changes
AWRE may modify subscription pricing, billing structures, or available plans at any time. Any changes will apply to future billing periods and will be communicated as required by applicable law.
Continued use of Subscription Services after a pricing change constitutes acceptance of the new pricing.
15.10 Third-Party Billing Platforms
Subscriptions purchased through third-party platforms (including but not limited to Apple, Google, or other app marketplaces) are subject to the billing, renewal, and cancellation terms of those platforms, and AWRE is not responsible for refunds or billing disputes handled by third parties.
16. Hardware Products Associated with AWRE Sports
AWRE Sports may be used in connection with hardware products, including but not limited to AWRE AIR camera systems, mounts, network equipment, or mobile capture rigs (collectively, "Hardware Products").
16.1 Disclaimer of Liability for Hardware
AWRE Sports does not manufacture all Hardware Products and may rely on third-party manufacturers, installers, or integrators.
To the fullest extent permitted by law, AWRE and its affiliates, officers, directors, employees, agents, and licensors shall not be liable for:
Injuries, damages, property loss, or expenses arising from the installation, mounting, or use of Hardware Products;
Hardware malfunctions, defects, or failures; or
Any harm resulting from improper installation, configuration, or use.
16.2 User Responsibility
By using Hardware Products in association with AWRE:
You are responsible for ensuring safe installation and operation, complying with all applicable safety guidelines, building codes, league/field rules, and manufacturer instructions.
You are responsible for all necessary permissions (e.g., facility approvals, landlord consent, league approvals).
AWRE is not responsible for providing maintenance, repair, or warranty service for third-party hardware, unless separately agreed in writing.
16.3 Indemnification for Hardware Use
You agree to indemnify and hold AWRE Sports harmless from any claims, demands, actions, liabilities, or expenses arising out of or in connection with your installation or use of Hardware Products, including claims related to:
Personal injury;
Property damage; or
Alleged code or regulation violations.
17. Profit Sharing Exclusion
By accessing and using the Services, you acknowledge and agree that:
You have no right, claim, or entitlement to share in any profits, revenue, equity, or ownership of AWRE Sports or its affiliates.
Your use of the Services is not an investment and does not create any partnership, joint venture, or ownership relationship with AWRE.
17.1 User Contributions (Feedback & Ideas)
Any feedback, suggestions, concepts, or ideas you submit to AWRE (e.g., for product improvements, features, or services):
Are deemed non-confidential and non-proprietary; and
AWRE may use, reproduce, modify, distribute, or otherwise exploit such contributions for any purpose without obligation to compensate or credit you.
18. Acknowledgement of Privacy Policy
By using the Services and accepting these Terms, you acknowledge that you have read, understood, and agreed to AWRE Sports' Privacy Policy, which describes:
How we collect, use, and share personal information;
Your choices regarding your data; and
How we handle Player Data and Minor Data.
If you have questions or concerns regarding our Privacy Policy or data practices, please contact us at info@awresports.com.
19. Contact
If you have any questions about these Terms, your account, AWRE AIR, mobile apps, subscriptions, or any consumer product:
Please contact our support team at info@awresports.com
Thank you for being part of the AWRE Sports community.