Terms of Service

1. Acceptance of Terms

By creating an account or using Skoutd ("the Service"), you agree to be bound by these Terms of Service. If you do not agree, do not use the Service. These terms apply to all users, including athletes, parents, and any other visitors.

2. Description of Service

Skoutd is an AI-powered recruiting platform that helps athletes manage their recruiting profiles, analyze publicly shared media content, and send outreach correspondence to college coaches. Skoutdis a tool to assist athletes — it does not guarantee any recruiting outcomes, scholarship offers, coach responses, or athletic placements.

3. No Liability — Service Provided As-Is

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SKOUTD AND ITS OPERATORS, EMPLOYEES, AND AFFILIATES ARE NOT LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING FROM YOUR USE OF, OR INABILITY TO USE, THE SERVICE.

This includes but is not limited to: failure to receive a response from a coach, failure to obtain a scholarship or roster spot, inaccuracies in AI-generated content, errors in outreach emails sent on your behalf, loss of data, or any other outcome related to your recruiting process.

The Service is provided "as is" and "as available" without warranties of any kind, express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, or non-infringement. We do not warrant that the Service will be uninterrupted, error-free, or free of viruses or other harmful components.

AI-generated content (profile summaries, outreach emails, film analysis) is produced by third-party AI models and may contain inaccuracies, errors, or content that is not appropriate for your specific situation. You are solely responsible for reviewing and approving all AI-generated content before use.

IN ANY EVENT, SKOUTD'S AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICE SHALL NOT EXCEED THE TOTAL SUBSCRIPTION FEES YOU PAID TO SKOUTD IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM. IF YOU HAVE NOT PAID ANY FEES, SKOUTD'S LIABILITY IS LIMITED TO FIFTY DOLLARS ($50).

4. Subscription and Payment Terms

Access to Skoutd requires a paid subscription at $14.99 per month ("Subscription"). By subscribing, you authorize Skoutd to charge your payment method on a recurring monthly basis until you cancel.

• Billing: Payments are processed by Stripe, Inc. By subscribing, you also agree to Stripe's Services Agreement. Skoutd never stores your payment card information.
• Cancellation: You may cancel your Subscription at any time via the billing portal. Cancellation takes effect at the end of your current billing period; you retain access through that date.
• Refunds: Subscription fees are non-refundable except where required by applicable law.
• Failed payments: If a payment fails, your account will be moved to a past-due state and feature access will be suspended until payment is resolved.
• Price changes: We reserve the right to modify Subscription pricing with at least 30 days' notice to your registered email address.

5. Outreach and Coach Communications

Skoutd sends outreach emails to college coaches on your behalf using your registered email address or a platform address. You are solely responsible for the content of all outreach sent. By using the outreach feature, you represent that:

• You have reviewed the email content before sending.
• All information provided about yourself is accurate and truthful.
• You are not using the Service to send spam or unsolicited bulk communications.

CAN-SPAM Compliance. All outreach emails sent through the Service include a valid physical mailing address, a functioning unsubscribe mechanism, and honest subject lines, in compliance with the CAN-SPAM Act of 2003. Skoutd honors unsubscribe requests within 10 business days. Coaches who unsubscribe are permanently removed from outreach targeting across the platform.

Abuse of the outreach feature (e.g., sending bulk unsolicited emails, impersonating others, using deceptive subject lines) may result in immediate termination of your account without refund.

6. User Content and Data

You retain ownership of any content you submit to Skoutd (profile information, media links, notes). By submitting content, you grant Skoutd a limited license to use that content solely to provide and improve the Service.

We do not sell your personal information to third parties. Media content is analyzed via third-party AI services (Google Gemini). By using the film analysis feature, you acknowledge that public URLs you submit may be processed by these third-party services subject to their own privacy policies.

7. Account Eligibility, Minors, and Parental Consent

The account holder must be at least 18 years old. If the athlete is under 18, a parent or legal guardian must create the account, hold it, accept these Terms, and supervise all use of the Service.

By creating or maintaining an account for an athlete under 18, you represent and warrant that:

• You are at least 18 years old and are the athlete's parent or legal guardian, or you hold that person's written authorization to act on their behalf.
• You have full legal authority to accept these Terms on behalf of both yourself and the athlete, and you intend to be personally bound by them.
• You consent to the collection, storage, and processing of the athlete's information as described in our Privacy Policy.
• You specifically authorize the Service, at your or the athlete's direction, to (a) publish a public athlete profile if and when you choose to make it public, and (b) transmit the athlete's name, sport, school, academic and athletic information, and publicly shared media links to college coaches, programs, and other recipients that you or the athlete select.
• You are responsible for all activity under the account, including every message sent, every item of content submitted, and all charges incurred.

Children under 13. The Service is not directed to children under 13, and we do not knowingly collect personal information from them. If we become aware that we have collected information from a child under 13, we will delete it and terminate the account. If you believe a child under 13 has provided us information, contact us at info@skoutd.ai.

An athlete under 18 may use the Service only through, and under the supervision of, an account held by their parent or legal guardian. Creating an account without the authority described above is a breach of these Terms and grounds for immediate termination. Accounts are for individual use only and may not be shared, sold, or transferred.

8. Indemnification

You agree to indemnify, defend, and hold harmless Skoutd, its operators, employees, and affiliates from and against any claim, demand, loss, liability, damage, cost, or expense (including reasonable legal fees) arising out of or related to:

• Any content, media link, statistic, or statement you submit to or send through the Service, including any claim that it is inaccurate, misleading, infringing, or unlawful.
• Any communication you send to a coach, program, or other recipient using the Service.
• Your use or misuse of the Service, or your breach of these Terms.
• Any representation you make regarding your age, your identity, or your authority to act on behalf of an athlete under 18.
• Any dispute between you and a coach, program, school, club, team, or other third party.

We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which case you agree to cooperate with our defense.

9. Termination

We reserve the right to suspend or terminate your account at any time for violation of these Terms, abuse of the Service, or for any other reason at our sole discretion. Upon termination, your right to use the Service ceases immediately. You may request deletion of your account data by contacting us at the address below.

10. Changes to These Terms

We may update these Terms from time to time. Continued use of the Service after changes are posted constitutes acceptance of the revised Terms. Material changes will be communicated to your registered email address.

11. Governing Law

These Terms are governed by the laws of the State of Delaware, United States, without regard to its conflict of law provisions. Any disputes arising under these Terms shall be resolved exclusively in the state or federal courts located in Delaware.

12. Dispute Resolution — Binding Arbitration

Please read this section carefully. It affects your legal rights.

Informal Resolution. Before initiating any formal proceeding, you agree to contact us at info@skoutd.ai and give us 30 days to resolve the dispute informally.

Binding Arbitration. If the dispute is not resolved informally, you and Skoutd agree to resolve it through final and binding individual arbitration administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules, rather than in court. The arbitration will take place in Delaware or via telephone/videoconference at either party's election. The arbitrator's award is final and binding and may be entered as a judgment in any court of competent jurisdiction.

Class Action Waiver. YOU AND SKOUTD EACH WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS ACTION, CLASS-WIDE ARBITRATION, PRIVATE ATTORNEY GENERAL ACTION, OR ANY OTHER REPRESENTATIVE PROCEEDING. ALL DISPUTES MUST BE BROUGHT IN YOUR OR OUR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.

Exceptions. Either party may seek emergency injunctive relief in a court of competent jurisdiction to prevent irreparable harm pending arbitration. Nothing in this section prevents either party from filing a claim in small claims court for disputes within that court's jurisdiction.

Opt-Out. You may opt out of arbitration by sending written notice to info@skoutd.ai within 30 days of first creating your account. Your notice must include your name, email address, and a clear statement that you opt out of arbitration. Opting out does not affect any other provision of these Terms.

13. Contact

For questions about these Terms, please contact us at info@skoutd.ai.