1. Agreement to Terms

These Terms of Service (“Terms”) constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“you” or “User”), and Contech 3D Limited, a Pennsylvania-based legal entity (referred to as “we,” “us,” or “our”), concerning your access to and use of the Cornhole Manager mobile application (for both Android and Apple iOS), the web application, and the associated information website (collectively, the “Service”).

By accessing or using the Service, you acknowledge that you have read, understood, and agree to be bound by all of these Terms. IF YOU DO NOT AGREE WITH ALL OF THESE TERMS OF SERVICE, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SERVICE AND YOU MUST DISCONTINUE USE IMMEDIATELY.

2. Scope of Service

The Service includes:

• The Cornhole Manager Mobile App (distributed via the Apple App Store and Google Play Store).
• The Cornhole Manager Web Application (accessible via web browser).
• The Cornhole Manager Information Website (marketing and informational content).

The Service is provided to players and organizers of Cornhole to create, manage, track statistics, and engage in leagues, tournaments, and games. The score keeping tool is provided for convenience, but we do not guarantee the accuracy of any user-inputted statistics or data.

3. User Accounts and Security

A. Eligibility

You must be at least 13 years of age to use the Service. By using the Service, you represent and warrant that you are at least 13 years old. If you are under 18, you represent that you have reviewed these Terms with your parent or legal guardian.

B. Account Creation

To access the main features of the Service, you must register for an account and verify your email. You agree to: (a) provide true, accurate, current, and complete information during registration; and (b) maintain the security of your password and accept all risks of unauthorized access to your account.

C. Account Responsibility

You are responsible for all activities that occur under your account. You must notify us immediately of any unauthorized use of your password or account.

4. Intellectual Property Rights

Unless otherwise indicated, the Service is our proprietary property. This includes all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics on the Service (collectively, the “Content”) and the trademarks, service marks, and logos contained therein (the “Marks”). The Content and Marks are provided on the Service “AS IS” for your information and personal use only.

5. User Generated Content

A. Ownership

The Service allows you to create, submit, post, display, transmit, or perform content and materials, including profile photos, scores, league names, team names, and comments (“User Content”). You retain full ownership of your User Content.

B. License

By submitting User Content to the Service, you grant us a worldwide, non-exclusive, royalty-free, perpetual, and transferable license to use, reproduce, distribute, display, and perform the User Content in connection with the Service and our business, including without limitation for promoting and redistributing part or all of the Service in any media formats and through any media channels.

C. Prohibited Content

You agree not to upload, post, or transmit any User Content that:

• Is unlawful, harmful, threatening, abusive, harassing, defamatory, or vulgar.
• Violates the privacy rights or intellectual property rights of any third party.
• Contains nudity, obscenity, or violence.

6. Payments, Cancellations, and Third-Party Billing

A. Optional Purchases

The Service may offer optional premium features, subscriptions, or upgrades that require payment. All fees are in US Dollars unless otherwise noted.

B. Billing

All payments are processed by third-party payment processors, including Google Play Store, Apple App Store, and RevenueCat. We do not store your credit card or sensitive payment information. The processing of payments will be subject to the terms, conditions, and privacy policies of the Payment Processor in addition to these Terms.

C. Subscriptions

If you purchase a subscription, the subscription will automatically renew unless canceled at least 24 hours before the end of the current billing period. You must manage auto-renewal and cancellation directly through your account settings with the respective Payment Processor (Apple, Google, or RevenueCat). We cannot process cancellations or refunds directly.

D. Price Changes

The Company reserves the right to change the Subscription fees at any time. Any changes will become effective at the end of the then-current billing period. We will attempt to provide You with reasonable prior notice (at least 30 days) of any change in Subscription fees to give You an opportunity to terminate Your Subscription before such change becomes effective.

7. Data Privacy and Security

Our collection and use of your personal information are governed by our Privacy Policy. By using the Service, you agree to the terms of the Privacy Policy, which is incorporated into these Terms by reference.

8. Disclaimer of Warranties and Physical Activity Warning

A. Physical Activity Risk

You acknowledge that Cornhole is a physical activity and carries inherent risks of injury, property damage, or death. CORNHOLE MANAGER IS SOLELY A MANAGEMENT AND SCORE-KEEPING TOOL AND DOES NOT MANAGE THE PHYSICAL ASPECTS OR SAFETY OF ANY EVENT. You assume all risk and responsibility for any injuries or damages resulting from your participation in any event managed or tracked through the Service.

B. “As Is” Basis

THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE EXPRESSLY DISCLAIM ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. We do not warrant that the Service will be uninterrupted, error-free, secure, or that any defects will be corrected.

9. Limitation of Liability

IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SERVICE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

10. Indemnification

You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of: (1) your User Content; (2) your use of the Service; (3) your breach of these Terms; (4) any breach of your representations and warranties set forth in these Terms; (5) your participation in any Cornhole event; or (6) your violation of the rights of a third party, including but not limited to intellectual property rights.

11. Governing Law

These Terms and your use of the Service are governed by and construed in accordance with the laws of the Commonwealth of Pennsylvania, without regard to its conflict of law principles.

12. App Store Specific Terms

The following provisions apply if you obtained the Mobile App through either the Apple App Store or the Google Play Store:

A. Apple App Store Requirements

• Acknowledgment: You acknowledge that these Terms are between you and us only, not Apple, and Apple is not responsible for the App or the Content.
• Maintenance and Support: Apple has no obligation to provide any maintenance and support services with respect to the App.
• Warranty: In the event of any failure of the App to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the App, if applicable. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App.
• Third-Party Claims: You and we acknowledge that Apple is not responsible for addressing any claims by you or any third party relating to the App or your possession and use of the App, including, but not limited to: (i) product liability claims; (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
• Intellectual Property Claims: You and we acknowledge that in the event of any third-party claim that the App or your possession and use of the App infringes that third party’s intellectual property rights, we, not Apple, will be solely responsible for the investigation, defense, settlement, and discharge of any such intellectual property infringement claim.

B. Google Play Store Requirements

• You acknowledge that Google is not responsible for addressing any claims by you or any third party relating to the Mobile App or your possession and use of the Mobile App.

13. Modifications and Contact

A. Changes to Terms

We reserve the right to revise these Terms at any time. We will alert you of any changes by updating the “Last updated” date of these Terms. Your continued use of the Service constitutes acceptance of the revised Terms.

B. Contact Us

For any questions regarding these Terms or the Service, please contact us at cornholemanager.com/support