Terms of Service
1. Acceptance of these Terms
By creating an account or using Balls In Air ("BIA," "the Service"), you agree to these Terms of Service and to our Privacy Policy. If you do not agree, please do not use the Service.
BIA is provided by Balls In Air, LLC, a U.S. limited liability company.
2. What BIA is
BIA is a coordination app for golf, tennis, pickleball, and paddleball players at the clubs and courses listed in BIA — both private clubs and public courses. We provide the software that lets you find a game, organize a roster, send invites, and communicate with the players in your game. We are not a club or course, a tee-time booking service, or a party to any game you arrange through BIA. We do not own, operate, or staff the clubs and courses themselves.
3. Eligibility
- You must be at least 18 years old to use BIA.
- You must be a member of, or a regular player or otherwise formally affiliated with, at least one club or course listed in BIA.
- You must provide accurate registration information.
- You may not use BIA if you have previously been banned from it.
4. Your account
- You are responsible for keeping your password confidential.
- You are responsible for all activity that occurs under your account.
- You must notify us immediately at ballsinairsupport@gmail.com if you suspect unauthorized access.
- One person, one account. Do not share credentials.
5. Club affiliation rule
BIA's value depends on each club's or course's directory actually representing the people who genuinely play there. Therefore:
You may only join clubs in BIA where you are a member or are formally affiliated. Adding clubs that you have no affiliation with — to browse member directories or for any other reason — is a violation of these Terms and may result in your account being suspended or permanently terminated.
6. Acceptable use
You agree not to:
- Harass, threaten, impersonate, or send hateful or sexually explicit content to other members.
- Post content that infringes the intellectual property, privacy, or other rights of any third party.
- Use BIA for any unlawful purpose or to facilitate any unlawful activity.
- Attempt to access, scrape, reverse-engineer, or interfere with BIA's systems or data outside the features we offer.
- Circumvent rate limits, audience filters, or any other technical protection.
- Use BIA to send commercial messages, advertising, or spam to other members.
We may suspend or terminate accounts that violate these rules, and may remove content that does, at our discretion.
7. Member-generated content
You retain ownership of the content you post on BIA (game notes, chat messages, group names, etc.). By posting, you grant Balls In Air, LLC a non-exclusive, worldwide, royalty-free license to host, store, display, and transmit that content as needed to operate the Service. We may remove content that violates these Terms.
8. Cost
BIA is free to use. If we ever introduce paid features in the future, we will update these Terms and notify you by email in advance.
9. Service availability
We aim to keep BIA available 24/7, but we do not guarantee uninterrupted service. We may schedule maintenance, fix bugs, or roll out updates that briefly affect availability. During the beta period, we make no service-level commitments.
10. Termination
- You can leave anytime. Profile → Delete account. Your data is removed from our active database immediately, with the retention rules described in our Privacy Policy.
- We can suspend or terminate accounts that violate these Terms, are inactive for an extended period, or pose a risk to other members or to the Service.
- Sections of these Terms that by their nature should survive termination (e.g., disclaimers, limitation of liability, governing law) will survive.
11. Disclaimers
BIA is provided "AS IS" and "AS AVAILABLE," without warranties of any kind, express or implied, including warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that BIA will be error-free, secure, or always available, or that any game arranged through BIA will actually happen.
BIA does not host games, manage clubs or courses, verify the identity of members beyond requiring a valid email, supervise interactions between members, or take responsibility for what happens between members at the club or course or away from the platform. You are responsible for your own conduct.
12. Limitation of liability
To the maximum extent permitted by law:
- Balls In Air, LLC will not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits, data, or goodwill, arising from your use of BIA.
- Our total liability for any claim arising out of or relating to these Terms or the Service is limited to the amount you paid us in the twelve (12) months preceding the claim, or $50 USD, whichever is greater.
Some jurisdictions do not allow some of these limitations, so they may not fully apply to you.
13. Indemnification
You agree to defend, indemnify, and hold harmless Balls In Air, LLC and its officers and employees from any claim, damage, loss, liability, or expense (including reasonable attorneys' fees) arising out of your use of BIA, your violation of these Terms, or your violation of any third party's rights.
14. Communications
By creating an account, you agree that BIA may contact you by email and in-app notification. This includes transactional and service messages required to operate your account, and occasional product and community messages (such as invitations to review the app and reviews shared by fellow players). You can opt out of the product and community messages at any time using the Unsubscribe link in those emails or your notification settings in Profile; transactional and service messages are part of the Service while your account is active. Our email practices are intended to comply with applicable law, including the U.S. CAN-SPAM Act.
15. Changes to these Terms
We may update these Terms from time to time. If we make material changes, we will notify you by email and update the "Last updated" date at the top. Your continued use of BIA after the change takes effect means you accept the updated Terms.
16. Governing law
These Terms are governed by the laws of the State of New York, without regard to its conflict-of-law principles. Any dispute will be brought exclusively in the state or federal courts located in Monroe County, New York, and you and we consent to the personal jurisdiction of those courts.
17. Contact us
Balls In Air, LLCTerms questions: ballsinairsupport@gmail.com