Terms of Service
The short version. Sideline SideKick Tracker is made by one person and offered as-is. You are responsible for the roster information you enter and for following your school's rules about student information. If something goes wrong, what you can recover from the developer is capped at $100. If someone sues him because of what you entered or did, you cover that. Massachusetts law governs these terms. None of this is unusual, but all of it is worth reading once.
These terms are an agreement between you and Jeffrey Feely, an individual developer doing business as Sideline SideKick ("we", "us", the "developer"), covering the Sideline SideKick Tracker iOS app and the sideline-sidekick.com website (together, the "app").
By creating an account or using the app, you agree to these terms. If you do not agree, do not use the app. How the app handles information is covered separately in the Privacy Policy, which is part of this agreement.
1. Who may use the app
You must be at least 13 years old to create an account. If you are under 18, you may use the app only in a role your school's coaching staff has invited you into.
The app is built for high school football coaching staffs. Creating and administering a team, entering a roster, and building a playbook are intended for adult members of a school's coaching staff acting as part of their coaching work.
2. Your account
You are responsible for keeping your password and your team's invite code confidential, and for everything done through your account. Tell us at [email protected] if you believe your account or your team's invite code has been used without your permission.
Anyone holding a team's invite code can join that team. Deciding who receives it is the team owner's responsibility, and an owner can remove any member and regenerate the code at any time.
3. Your content, and student athlete information
This is the section that matters most, so it is stated plainly.
Everything in a team — the roster, the playbook, games, plays, scores, logos — is content you and your staff enter. You keep ownership of it. You grant the developer only the permission needed to store it, sync it between your team's devices, and display it back to your team through the app. That permission ends when you delete the content.
You are responsible for what you enter about students. A roster in this app describes minors. By entering it you confirm that you are authorized to do so and that you are following your school's and district's policies and applicable law about student information, including FERPA and your state's student data privacy laws. The developer is not your school's records custodian and does not decide who at your school is allowed to enter or see this information — you do.
Enter the minimum needed to run the game. The app is designed around a name, number, position and grade, and it does not ask for medical information, addresses, student ID numbers, academic records or government identifiers. Do not enter them.
4. Acceptable use
Do not use the app to:
- enter information about a student you are not authorized to enter;
- harass, expose or endanger any person, including any student;
- gain access to a team you were not invited to, or to another user's account;
- probe, scan, overload or interfere with the service or its security controls, or attempt to work around the app's roles and permissions;
- copy, resell, or redistribute the app or its content as a competing product;
- break any applicable law.
5. Availability, and the app changing
The app depends on services the developer does not control, chiefly Google Firebase and Apple's App Store. It may be unavailable, interrupted, or changed. Features may be added, altered or removed. There is no guaranteed uptime and no service level commitment.
The app keeps an offline copy of your team's data on your device, but it is not a backup service. Keep your own records of anything you cannot afford to lose.
6. Fees, subscriptions and refunds
Joining a team with an invite code is free, and always will be. Assistant coaches, parents and players do not pay anything to use the app.
Creating a team requires a coach subscription. It is sold through the App Store as an auto-renewing subscription at the price shown in the app at the time you buy. One subscription covers your account rather than a single team, and it allows you to create and run up to five teams. If you need more than five, contact us at Support and we will sort it out — there is no second subscription to buy.
Where an introductory free period is offered, it is granted by Apple and is limited to one per Apple ID. If you have already used an introductory offer for this app, you will be charged when you subscribe.
Renewal and cancellation. The subscription renews automatically at the end of each period unless you turn off auto-renew at least 24 hours before it ends. Manage or cancel it in your Apple ID settings; we cannot cancel it for you, and deleting the app does not cancel it.
Refunds are handled by Apple, not by us. Purchases are made through the App Store, so refund requests go to Apple and are decided under their policies. If Apple refunds a purchase, the subscription ends immediately rather than at the end of the period.
If your subscription lapses, your data stays. Nothing is deleted because a subscription ended. You keep access to the seasons, rosters and games already recorded, and you can export them. What a lapsed subscription stops is creating new teams.
Prices may change. A change will not affect a period you have already paid for, and Apple will tell you before a renewal at a new price.
7. Disclaimer of warranties
THE APP IS PROVIDED "AS IS" AND "AS AVAILABLE", WITHOUT WARRANTY OF ANY KIND. TO THE FULLEST EXTENT PERMITTED BY LAW, THE DEVELOPER DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
In plainer words: the developer does not promise the app will be uninterrupted, error-free, or that statistics, reports or exports will be accurate or complete. Do not rely on it as the sole record of anything that matters — a game result, an eligibility decision, or a student's record.
8. Limitation of liability
TO THE FULLEST EXTENT PERMITTED BY LAW, THE DEVELOPER WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF DATA, LOSS OF PROFITS, LOSS OF GOODWILL, OR BUSINESS INTERRUPTION, ARISING OUT OF OR RELATING TO THE APP, WHETHER BASED IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR ANY OTHER THEORY, AND WHETHER OR NOT THE DEVELOPER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
THE DEVELOPER'S TOTAL LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE APP OR THESE TERMS WILL NOT EXCEED THE GREATER OF (A) THE TOTAL AMOUNT YOU PAID FOR THE APP IN THE TWELVE MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED U.S. DOLLARS ($100).
Where these limits do not apply. Nothing in these terms excludes liability that cannot lawfully be excluded. Some jurisdictions do not allow the exclusion of certain warranties or the limitation of certain damages, so parts of sections 7 and 8 may not apply to you; in that case they apply to the fullest extent the law allows. In particular, these limits do not waive any rights you may have under Massachusetts General Laws Chapter 93A or under other consumer protection law that cannot be waived by agreement.
9. Indemnification
You agree to defend, indemnify and hold harmless Jeffrey Feely from and against any claim, demand, suit, proceeding, loss, liability, damage, fine, penalty, cost or expense — including reasonable attorneys' fees — brought by a third party and arising out of or relating to:
- the information you or your team members enter into the app, including roster and student athlete information, and any claim that entering, sharing or retaining it was unauthorized or unlawful;
- your violation of your school's or district's policies, or of FERPA, COPPA, or any state student data privacy law;
- your decisions about who receives your team's invite code and who is admitted to your team;
- your breach of these terms or of the Privacy Policy;
- your violation of any law or of the rights of any person, including any student or parent;
- a logo or other material you upload that infringes someone's intellectual property rights.
The developer will notify you of any such claim and may participate in its defense with counsel of his own choosing at his own expense. You may not settle any claim in a way that imposes an obligation or admission on the developer without his written consent.
10. Termination
You may stop using the app at any time, and you can delete your account from within it — the Privacy Policy explains how, along with how to delete a team, a game or a player.
The developer may suspend or terminate an account that breaches these terms, that is being used to endanger a student, or where required by law. Where it is reasonable and lawful to do so, notice will be sent to the account's email address first.
Sections 3, 7, 8, 9, 12 and 13 survive termination.
11. Apple App Store
The app is distributed through Apple's App Store, and the following applies to that distribution:
- This agreement is between you and the developer only, not with Apple. Apple is not responsible for the app or its content.
- Apple has no obligation to provide maintenance or support for the app.
- If the app fails to conform to any applicable warranty, you may notify Apple, and Apple will refund any purchase price paid. To the maximum extent permitted by law, Apple has no other warranty obligation with respect to the app.
- Apple is not responsible for addressing any claim relating to the app, including product liability claims, any claim that the app fails to conform to a legal or regulatory requirement, and claims arising under consumer protection or similar legislation.
- Apple is not responsible for the investigation, defense, settlement or discharge of any third-party claim that the app infringes that third party's intellectual property rights.
- Apple and its subsidiaries are third-party beneficiaries of these terms and may enforce them against you.
12. Changes to these terms
If these terms change, the updated version will be posted on this page with a new effective date. If a change materially reduces your rights, notice will be sent to the email address on your account, or shown in the app, before it takes effect. Continuing to use the app after a change takes effect means you accept the updated terms.
13. Governing law and where disputes are heard
These terms and any dispute arising out of or relating to them or to the app are governed by the laws of the Commonwealth of Massachusetts, without regard to its conflict of laws rules.
You and the developer agree that any such dispute will be brought exclusively in the state or federal courts located in the Commonwealth of Massachusetts, and you consent to the personal jurisdiction of those courts.
This does not deprive you of the protection of any mandatory consumer protection law of the state or country where you live, and it does not prevent either of us from bringing a claim in small claims court.
14. The rest
These terms and the Privacy Policy are the entire agreement between you and the developer about the app. If any provision is found unenforceable, the rest stays in force and that provision is limited to the minimum extent necessary. Not enforcing a provision is not a waiver of it. You may not transfer these terms to anyone else; the developer may transfer them to a successor who takes over the app, on notice to you.
15. Contact
Jeffrey Feely
[email protected]