1. Agreeing to these Terms
These Terms are a contract between you and CheerKeeper, LLC. They apply when you use the CheerKeeper mobile app or our website.
We ask you to accept these Terms before you first use the app, and again whenever we make a material change. If you do not agree, do not use CheerKeeper.
Your use of the app is also governed by Apple’s Licensed Application End User License Agreement, which Apple provides and which covers your license to use the app itself. These Terms cover everything else.
2. What CheerKeeper does
CheerKeeper shows competition schedules, counts down to performances, and delivers updates when times change during an event.
Schedules come from other people. Some are provided by the company producing the event. Some are submitted by members of the community and reviewed by us before publication. In both cases the underlying information belongs to whoever runs the competition, and it can change without notice.
We do not run competitions. We do not decide when a team performs, we do not control whether an event runs on time, and we cannot make a schedule accurate that was inaccurate when we received it.
3. No accounts
CheerKeeper does not create accounts for attendees. You do not sign in.
Event organizers who manage a schedule sign in with an email address and a code we issue by hand. Section 10 covers organizers.
4. Event passes
Your first event is free. After that, you can unlock an event by purchasing a single event pass or a bank of event credits.
Apple handles the purchase. Apple takes your payment, and Apple handles refund requests. We cannot issue refunds through the App Store.
A pass unlocks one event for the app installation that bought it. Access can survive deleting and reinstalling the app, and can move to a replacement device when the installation identifier transfers successfully through an encrypted backup or device transfer. Recovery is not guaranteed. A pass cannot be moved by hand to another installation, because there is no account to move it between.
Prices are shown in the app before you buy. We can change prices for future purchases.
5. Using CheerKeeper
You agree not to:
- interfere with the app’s operation or try to get around its access controls
- use automated tools to scrape schedules or overload our systems
- submit anything you do not have the right to submit
- submit anything false, misleading, or intended to disrupt an event
- attempt to reach data belonging to other users or other events
6. Schedules you submit
If you send us a schedule through our website:
You confirm that you own the document or have every permission needed for us and our service providers to store it, copy it, convert it, extract text from it, adapt it, review it, and publish the schedule information it contains.
You give us a worldwide, non-exclusive, royalty-free, sublicensable license to do those things, so that we can operate CheerKeeper.
You must not submit documents containing athlete names, rosters, birthdates, contact information, medical information, or photographs of children. Redact them first. If we find that information in a submission we will stop processing it, delete it, and may decline further submissions from that source.
We are not obliged to publish anything. Every submission is reviewed by a person before any part of it appears in the app, and we can reject or remove any submission for any reason.
Copyright complaints may be sent to legal@cheerkeeper.com. We will respond to properly submitted notices and may block repeat infringers.
7. Reporting content
To report a schedule or anything else in the app that you believe is wrong, misleading, or objectionable, use Send Feedback in the app or write to support@cheerkeeper.com.
We review reports and can remove content and decline further submissions from a source, to the extent that is technically and legally available to us.
8. Schedule accuracy and missed performances
This is the most important thing in this document.
Competition schedules change. Sessions run early, run late, and get reordered. Our updates depend on the event organizer telling us, on our systems working, on notifications being delivered, and on your phone having a working connection.
CheerKeeper cannot guarantee that a schedule is accurate or that a notification arrives. Do not rely on the app alone to know when your athlete performs. Check with your gym, your coach, and the event staff.
We are not responsible for a missed performance, a missed award, or any other loss that follows from a schedule being wrong or a notification not arriving.
9. Organizer messages, including urgent ones
Event organizers with access can change their event’s schedule from inside the app and can send messages to everyone following that event, including messages marked urgent.
Those messages come from the organizer, not from CheerKeeper. We do not write them, we do not verify them, and we do not approve them before they are sent. We do not guarantee that an organizer’s message is accurate, or that it reaches you.
Do not rely on an in-app message for your safety. In an emergency, follow the instructions of venue staff and emergency services.
To the maximum extent the law allows, CheerKeeper is not liable for losses arising from reliance on schedule information or messages provided by an organizer.
10. Organizers
Organizer access is granted by CheerKeeper for a specific event.
If you hold organizer access:
- You confirm you are authorized by the company producing that event to make schedule changes and send messages on its behalf.
- You are responsible for keeping your sign-in code secret and for everything done through your access.
- You must tell us immediately if you believe your code has been compromised.
- You are responsible for the accuracy of the schedule changes you publish and the messages you send.
- You must not use urgent messaging except for genuine, event-relevant urgency.
We can suspend or revoke organizer access at any time, for any reason.
11. Our intellectual property
The CheerKeeper app, name, and design belong to us. These Terms give you permission to use the app, not ownership of it.
Schedule information itself, the fact that a team performs at a time on a mat, is not ours and we claim no ownership of it.
12. No warranty
CheerKeeper is provided as is. To the maximum extent the law allows, we disclaim all warranties, express or implied, including merchantability, fitness for a particular purpose, and non-infringement.
We do not warrant that the app will be uninterrupted, error-free, or accurate.
13. Limits on our liability
To the maximum extent the law allows:
- We are not liable for indirect, incidental, special, or consequential damages, including a missed performance, a missed award, travel costs, or lost opportunity.
- Our total liability to you for any claim is limited to the greater of the amount you paid us in the twelve months before the claim, or twenty-five dollars.
Nothing in these Terms excludes liability that cannot legally be excluded, including liability for fraud, willful misconduct, gross negligence, or death or personal injury caused by our negligence. Nothing in these Terms affects consumer rights that your local law does not allow to be waived.
14. Indemnity
To the extent the law allows, you will indemnify CheerKeeper against third-party claims to the extent they arise from content you submitted, your willful misuse of the app, or your material breach of these Terms.
We will tell you promptly about any such claim, give you reasonable control of the defense, and will not agree to a settlement that imposes an obligation on you without your consent. We may reject a settlement that imposes liability or an obligation on CheerKeeper.
15. Governing law and disputes
Maryland law governs these Terms, except where the mandatory law of the place you live applies instead.
Before either of us files a claim, that party will give the other written notice and thirty days to try to resolve it informally. Write to support@cheerkeeper.com.
Subject to any right you have under your local law to bring a claim elsewhere, disputes will be brought in the state or federal courts serving Calvert County, Maryland.
16. Changes to these Terms
We can update these Terms. If a change is material, we will give you conspicuous notice and, where required, ask you to accept the updated Terms before you continue. Changes apply going forward, not to anything that already happened.
17. General
These Terms and the Privacy Policy are the entire agreement between us about CheerKeeper.
If any part of these Terms is unenforceable, the rest stays in effect. Not enforcing a provision is not a waiver of it. You may not transfer these Terms; we may transfer them as part of a merger, financing, reorganization, or sale. Provisions that should survive termination do survive. Neither of us is liable for a delay caused by something outside our reasonable control. We may send you notices electronically, and you consent to receiving them that way. Headings are for convenience only.
18. Contact
support@cheerkeeper.com
CheerKeeper, LLC