Terms of Service

Last updated: January 30, 2025

These Terms of Service ("Terms") govern your access to and use of the website, applications, and services (collectively, the "Services") provided by AllHatsLLC Inc., an Arizona corporation doing business as Fungo. By accessing or using our Services, you agree to be bound by these Terms.

1. Eligibility

You must be at least 18 years old to create an account and use our Services. By using Fungo, you represent that you meet this requirement and have the authority to enter into these Terms.

2. Account Registration

To access certain features, you must create an account. You agree to provide accurate, current, and complete information and to keep your account credentials secure. You are responsible for all activity that occurs under your account.

3. Acceptable Use

You agree not to:

  • Use the Services for any unlawful purpose or in violation of any applicable laws
  • Upload or transmit viruses, malware, or other malicious code
  • Attempt to gain unauthorized access to our systems or other users' accounts
  • Interfere with or disrupt the integrity or performance of the Services
  • Use the Services to harass, abuse, or harm others
  • Scrape, crawl, or use automated means to access the Services without our permission

4. User Content

You retain ownership of any content you submit to the Services (including player information, evaluations, and team data). By submitting content, you grant Fungo a non-exclusive, worldwide, royalty-free license to use, store, and process that content solely to provide and improve the Services.

You are solely responsible for ensuring you have the necessary rights and permissions to submit any content, including information about players and parents on your team.

5. Subscriptions and Payments

Some features of Fungo may require a paid subscription. Subscription fees are billed in advance on a recurring basis. You authorize us to charge your payment method for the applicable fees. Subscriptions automatically renew unless cancelled before the renewal date.

Refunds are provided at our sole discretion. If you believe you are entitled to a refund, please contact us at support@getfungo.com.

6. Disclaimer of Warranties

The Services are provided "as is" and "as available" without warranties of any kind, whether express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, and non-infringement.

Fungo provides tools to assist with lineup generation, position assignments, and team management. However, all coaching decisions—including those related to player safety, league rule compliance, and playing time—remain the sole responsibility of the coach or manager. Fungo does not guarantee that lineups or suggestions will comply with your specific league's rules or ensure player safety.

7. Limitation of Liability

To the maximum extent permitted by law, Fungo and its officers, directors, employees, and agents shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses resulting from:

  • Your use or inability to use the Services
  • Any unauthorized access to or use of our servers or any personal information stored therein
  • Any errors, mistakes, or inaccuracies in the Services
  • Any player injury or other harm arising from coaching decisions made using the Services

Our total liability for any claims arising from these Terms or your use of the Services shall not exceed the amount you paid us in the twelve (12) months preceding the claim.

8. Indemnification

You agree to indemnify, defend, and hold harmless Fungo and its officers, directors, employees, and agents from any claims, liabilities, damages, losses, and expenses (including reasonable attorneys' fees) arising out of or related to your use of the Services, your violation of these Terms, or your violation of any rights of another.

9. Termination

We may suspend or terminate your access to the Services at any time, with or without cause, and with or without notice. Upon termination, your right to use the Services will immediately cease. Provisions of these Terms that by their nature should survive termination shall survive.

10. Changes to Terms

We may modify these Terms at any time. If we make material changes, we will notify you by email or by posting a notice on our website. Your continued use of the Services after any changes constitutes acceptance of the new Terms.

11. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of Arizona, without regard to its conflict of law provisions. Any disputes arising from these Terms or your use of the Services shall be resolved exclusively in the state or federal courts located in Arizona.

12. Contact Us

If you have questions about these Terms, please contact us at:

Fungo

AllHatsLLC Inc.

Email: support@getfungo.com