利用規約 - Zoota Baseball

1. Who we are and what these terms cover

1.1 The Zoota Baseball mobile application, the baseball.zoota.co website and their servers, analysis systems and features (the "Services") are operated by Zoota Software Pty Ltd ("Zoota", "we", "us", "our").

1.2 These Terms & Conditions (the "Terms") are a contract between you and Zoota. They apply whenever you download, install, register for or use the Services.

1.3 Your contract is with Zoota, not with Apple Inc. or Google LLC (see Section 20).

1.4 Please read Section 6 (your content and the licence you grant us, including our right to use your videos in marketing and to train our models), Section 7 (measurements are estimates) and Section 10 (Find a coach).

1.5 By creating an account, accepting at sign-up or using the Services, you accept these Terms. If you do not accept them, do not use the Services.

1.6 The Services are operated from Australia. You are responsible for complying with the laws that apply where you use them.

2. Definitions

"Measurements" means results our computer-vision and machine-learning systems produce, including pitch speed, trajectory, movement, spin, spin axis, release point, extension, plate location, strike-zone calls, pitch-type classifications, 3D views and figures derived from them.
"User Content" means anything you create, upload, record or submit through the Services, and anything the app records or uploads automatically while you use its recording and analysis features, including pitching session videos, clips, posts, comments, messages, profile details, club content, coach profiles and coaching requests, with their metadata (such as timestamps, calibration data and location data you enable).
"Coach profile" means a listing published in Find a coach.
"Australian Consumer Law" or "ACL" means Schedule 2 of the Competition and Consumer Act 2010 (Cth).

3. Eligibility and age

3.1 You must be at least 14 years old, or any higher age your country sets for consenting to online services, to use the Services. If you give a date of birth, we use it only to check your age.

3.2 If you are under 18, a parent or legal guardian must read these Terms and accept them on your behalf, including the licence in Section 6, and is responsible for your use of the Services.

3.3 We close accounts that belong to children under the minimum age. Parents can report one to support@zoota.co.

3.4 Our Privacy Policy (https://baseball.zoota.co/privacy) explains how we handle personal information and forms part of these Terms. Nothing in these Terms reduces rights you have under privacy laws that cannot be excluded.

4. Your account

4.1 You may register with an email address and password, or through Google, Kakao, Naver or, on iPhone, Apple. Keep your details accurate.

4.2 Keep your sign-in private. You are responsible for activity under your account. Tell us at support@zoota.co if you suspect unauthorised access.

4.3 Accounts are personal. Do not share, sell or transfer yours. Your account, username and statistics are records within our Services, not property.

4.4 You may delete your account at any time in the app or by emailing us. Section 6.6 explains what deletion does and does not undo. Keep your own copies of recordings that matter to you.

5. Your licence to use Zoota Baseball

5.1 We grant you a personal, limited, non-exclusive, non-transferable, revocable licence to use the Services on devices you own or control, for your own training, play, coaching and social use, under these Terms.

5.2 Coaching. An individual coach may use the Services, the coach portal and Find a coach in their own coaching, paid or unpaid.

5.3 Organisations. Unless we agree otherwise in writing, an organisation that uses the Services across several coaches or teams, such as an academy, school, college programme, league or professional club, needs an organisation agreement with us. Contact support@zoota.co.

5.4 All rights not expressly granted are reserved. The Services, including software, models, designs, the Zoota name and logo, belong to Zoota or its licensors. Do not use our trademarks without our written consent.

6. Your content and the licence you grant us - please read carefully

6.1 You own your content. These Terms do not transfer ownership of your User Content to us.

6.2 The licence you grant. By creating, uploading, recording or submitting User Content, or by using features that record or upload it automatically, you grant Zoota a worldwide, perpetual, irrevocable, royalty-free, sublicensable and transferable licence to host, store, reproduce, adapt, modify (for example to crop, compress or add overlays, trajectories, figures or branding), publicly display, communicate and distribute that User Content, for these three purposes:

(a) Operating and improving the Services: hosting and delivering your content, producing your Measurements, and powering feeds, clubs, boards, coaching and Find a coach;
(b) Marketing and promoting Zoota in any media, including in the app, app-store listings, social media, our websites and advertising; and
(c) Training and improving Zoota's models, including models for ball detection and tracking, speed, movement and spin estimation and pitch classification.

6.3 To the extent the law allows, you consent to acts that would otherwise infringe your moral rights in User Content used under this licence (for example cropping a video or using it without attribution).

6.4 We do not have to pre-screen User Content, but we may remove or restrict it (Section 11.3).

6.5 Your promises. You promise that you own your User Content or have the rights needed to grant this licence, that everyone identifiable in it (and for minors, their parents or guardians) has given the permission needed, and that it breaks no law or venue rule.

6.6 When you delete. If you delete User Content or your account:

(a) it is removed from the visible Services, and copies in backups are deleted within a reasonable period, except where the law requires otherwise;
(b) we stop putting it into new marketing, but cannot recall promotional material already published;
(c) we stop adding it to new training datasets, but deletion does not un-train models already trained with it; and
(d) copies may remain where other users lawfully re-shared it within the Services.

6.7 Content you post to public places (feeds, clubs, boards, coach profiles) is not confidential.

7. Measurements are estimates, not certified readings or umpiring

7.1 All Measurements, including pitch speeds, movement, spin, locations and strike-zone calls, are estimates produced by software from video, for training and information.

7.2 Measurements are not certified or calibrated readings, and a strike-zone call is not an umpiring decision. Accuracy depends on the phone, its placement, the plate you mark, light, frame rate and distance. Two recordings of one pitch can give different numbers.

7.3 Do not rely on Measurements for officiating, disputes, selection, contracts, trials, betting, or medical, injury or workload decisions. Zoota does not tell you how much to throw. Measurements are not coaching, medical or professional advice.

7.4 We retrain and update our models, so Measurements, including past ones, may change. To the extent the law allows (and subject to Section 16), we are not liable for decisions made in reliance on Measurements.

8. Filming other people; location

8.1 When you record through Zoota you may capture batters, catchers, teammates, coaches and bystanders. You, not Zoota, are responsible for having their permission to record them and to grant the licence in Section 6.2. For minors, get a parent's or guardian's permission.

8.2 Follow the rules of any field, school or club where you film, and the privacy and image-rights laws that apply.

8.3 People who appear in content on the Services and want it reviewed or removed can email support@zoota.co. We review such requests in good faith.

8.4 If you enable location, posts you share may show an approximate location to other users. You can refuse location and still use the app.

9. Physical safety - play at your own risk

9.1 Baseball involves hard balls thrown and hit at speed. Zoota is used while actually pitching, with a phone set up behind the mound. You take part at your own risk.

9.2 Before each session, make sure the area is safe and clear, put the phone where it will not be hit or trip anyone, use protective equipment (especially for catchers and anyone near the plate), and stop if conditions become unsafe. Supervise minors and follow the pitch-count and rest guidance of your coach or league.

9.3 To the extent the law allows (and subject to Section 16), we are not liable for injury, death or damage, including damage to your phone, arising from playing or setting up devices while using the Services.

10. Find a coach

10.1 Coaches are independent. Coaches listed in Find a coach are not Zoota's employees, agents or partners. Zoota does not check their qualifications, background, licences or identity, and a listing is not an endorsement.

10.2 Zoota is not part of your lessons. Prices, payment, scheduling, cancellations and refunds are agreed directly between the player and the coach. Zoota does not take payment for lessons and is not a party to any agreement between them.

10.3 If you publish a coach profile, you promise that it is accurate and kept up to date, that you hold any qualifications you claim, that you meet any checks the law requires for coaching children where you coach, and that you are responsible for your own taxes and insurance. Your profile is public (see the Privacy Policy).

10.4 If you ask a coach to coach you, the coach receives your name, username, photo and message. If the coach accepts, they can see your pitch sessions in the coach portal until either of you ends the link in the app or the portal. Players under 18 should arrange lessons with a parent or guardian involved.

10.5 Do not use Find a coach to advertise anything other than baseball coaching, to collect people's details, or to send unwanted requests. We may hide or remove any coach profile, and refuse or end listing, at our discretion. Report a profile through its page or at support@zoota.co.

10.6 To the extent the law allows (and subject to Section 16), Zoota is not liable for a coach's or player's conduct, for lessons, or for any dispute between them.

11. Community rules

11.1 These rules apply everywhere in the Services: posts, comments, clips, messages, club pages and chat, profiles, coach profiles, coaching requests and tags.

11.2 You must not:

(a) break any law;
(b) harass, bully, threaten, defame or abuse anyone, or post hate speech or discrimination;
(c) post sexual content involving minors (we report this to the authorities), or pornographic, gratuitously violent or exploitative content;
(d) post content you have no right to post, or impersonate any person, club or brand;
(e) film people without the permissions in Section 8;
(f) spam, scam or phish, or send repeated unwanted tags, invites, follows or coaching requests;
(g) falsify data, including staging or editing recordings or setup to inflate speeds or corrupt boards, or giving false qualifications in a coach profile;
(h) upload malware, probe or overload our systems, or interfere with others' access;
(i) use bots or scrapers, harvest data about users, or get around access or privacy controls;
(j) copy, modify, reverse-engineer or decompile the Services, except where the law allows despite this clause;
(k) use the Services or Measurements to train, test or improve any machine-learning model or competing product;
(l) resell or commercially exploit the Services except as Section 5 allows; or
(m) help anyone do any of the above.

11.3 Moderation. We may remove or restrict content, suspend features, or suspend or close accounts we reasonably believe break these Terms, without notice where the breach is serious. You can block users and report content in the app, or email support@zoota.co.

11.4 Clubs. Club admins can invite, approve, promote and remove members. Zoota clubs are in-app groups; we are not part of your real club's affairs.

12. Copyright complaints

12.1 Send copyright complaints to admin@zoota.co with your contact details, the work and the infringing material, a good-faith statement that the use is unauthorised, and a statement that your notice is accurate and you are the owner or authorised to act. We remove material where appropriate.

12.2 If your content was removed by mistake, send a counter-notice to the same address. We may restore it.

12.3 We may close the accounts of repeat infringers.

13. Feedback

If you send us ideas or bug reports, we may use them without restriction or payment. Report security issues privately to support@zoota.co.

14. Third-party services

14.1 The Services rely on providers including Google (Firebase), Amazon Web Services, Cloudflare, Kakao, Naver and Apple. Their availability is outside our control.

14.2 Zoota is not affiliated with, endorsed by or sponsored by any league, federation, team or player.

14.3 We are not responsible for third-party sites linked from the Services.

15. Paid plans and changes to the Services

15.1 Some features need a paid plan (Pro, Pro+ or Coach, monthly or yearly). Plans are bought in the app through the App Store or Google Play, under that store's terms. They renew automatically unless you cancel in the store's subscription settings before the renewal date, and refunds follow the store's policies. Any unused free trial ends when you buy. Nothing reduces your statutory rights, including under the Australian Consumer Law and the consumer laws of your country.

15.2 We may change, add, suspend or remove parts of the Services, including changing or retraining models, which may change Measurements. Where a change materially harms a paid feature during a subscription, we will offer a remedy consistent with your statutory rights.

15.3 Features marked beta, test or early access may be unstable and may change or disappear without notice.

16. Consumer law; disclaimers

16.1 Nothing in these Terms excludes, restricts or modifies any guarantee, right or remedy under the Australian Consumer Law or any other law that cannot lawfully be excluded, including the consumer protection laws of Korea for users there.

16.2 Subject to Section 16.1, the Services, content and Measurements are provided "as is" and "as available", without warranties, including any warranty that a measurement, classification or call is accurate. Keep your own copies of videos that matter to you.

16.3 Recording and analysing video can warm your phone, drain its battery and use storage. Subject to Section 16.1, we are not liable for device wear, battery wear, storage use or data loss from normal operation of the app.

17. Limitation of liability

17.1 Subject to Section 16.1, we are not liable for indirect, incidental, special or consequential loss, lost profits, lost data or lost opportunity.

17.2 Subject to Section 16.1, our total liability for all claims about the Services or these Terms is capped at the greater of AUD 75 and what you paid us in the 12 months before the claim arose.

17.3 Where the law does not allow these exclusions or limits, they apply only as far as it allows.

18. Indemnity

To the extent the law allows, you will indemnify Zoota and its people against third-party claims, losses and reasonable legal costs arising from your User Content, filming without the permissions you need, lessons you give or arrange through Find a coach, or your breach of these Terms or the law. This is reduced to the extent we caused the loss.

19. Suspension, termination and survival

19.1 You may stop using the Services and delete your account at any time.

19.2 We may suspend or end your access if you materially or repeatedly break these Terms, if the law requires it, or if we discontinue the Services. Where practicable we give notice and a chance to fix curable breaches; for serious breaches (safety, minors, fraud, security, unlawful content) we may act at once.

19.3 We may delete accounts inactive for at least 24 months, after emailing a reasonable warning.

19.4 Sections 2, 6, 7, 8, 9, 10, 12 to 14 and 16 to 23 survive the end of these Terms.

20. App store terms

20.1 If you got the app from Google Play, Google's terms also apply and prevail where they require.

20.2 If you got the app from the Apple App Store: Apple's Licensed Application End User License Agreement also applies; Apple has no obligation to provide maintenance, support or warranties for the app; Apple is not responsible for claims about the app, including product-liability, consumer-protection or intellectual-property claims; and Apple and its subsidiaries are third-party beneficiaries of these Terms with the right to enforce them against you.

20.3 You confirm you are not in a country under a comprehensive government embargo and are not on any government list of prohibited or restricted parties.

21. Governing law and disputes

21.1 These Terms are governed by the laws of Victoria, Australia. If you are a consumer in another country, including Korea, you keep the protections and the right to bring proceedings in your country that its mandatory laws give you.

21.2 Before going to court (other than for urgent relief or a small-claims matter), you and we will try to settle a dispute by written notice and good-faith discussion for 30 days.

22. Changes to these Terms

We may update these Terms. For material changes we give reasonable notice in the app or by email before they apply. If you keep using the Services afterwards, you accept the changes; if not, stop using the Services and delete your account before they apply.

23. General

23.1 If a provision is invalid, it is severed or read down to the minimum extent, and the rest remains in force.

23.2 Not enforcing a provision is not a waiver of it.

23.3 You may not assign these Terms. We may assign them in a merger, acquisition, restructure or sale of assets, provided your rights are not materially reduced.

23.4 These Terms, the Privacy Policy and any organisation agreement between us are the entire agreement about the Services, subject to Section 20.

23.5 You agree to receive notices electronically, in the app or by email.

23.6 Zoota Software Pty Ltd: legal notices admin@zoota.co; support support@zoota.co.