YAWK Terms of Service

These Terms of Service (“Terms”) govern your use of the YAWK platform, including the website at www.yawk.fun (the “Site”), the web application at app.yawk.fun, and the YAWK mobile apps for iOS and Android (together, the “App”), operated by Meka Bear Industries, Inc (“YAWK,” “we,” “us”). The Site and App together are the “Service.”

By creating an account or using YAWK, you agree to these Terms and to our Privacy Policy. If you do not agree, do not use YAWK.

1. The Service

YAWK is a community-powered live scoring platform for youth sports. Roster Pass holders manage rosters, report and confirm scoring events during games, and view stats. Game data and player stats may be displayed on the public Site according to each player's visibility setting.

2. Eligibility and Accounts

You must be at least 18 years of age and either a parent or legal guardian of any athlete you add to YAWK, or otherwise authorized by the parent or guardian to register that athlete.

YAWK is a passwordless service. You sign in with a one-time code sent to your email address or phone number, or by using your Google or Facebook account. You are responsible for keeping your email account, phone, and any linked Google or Facebook account secure, for not sharing one-time login codes with anyone, and for all activity under your account. Notify us at support@yawk.fun if you suspect unauthorized access.

You may invite one household member (co-parent, spouse, or guardian) to share full access to your account at no additional cost. You are responsible for the actions of any household member you invite.

3. Roster Passes and Payments

Most YAWK features require a Roster Pass, which links a parent or guardian to a specific team for a specific season. Each user's first Roster Pass is free; additional Roster Passes are paid.

How you pay depends on where you buy. On our website and Android app, payments are processed by Stripe, and by purchasing you authorize Stripe to charge your payment method. In our iOS app, Roster Passes are sold as in-app purchases through the Apple App Store and are billed by Apple under your Apple Account; Apple's terms and Apple's purchase and refund policies apply to those purchases. We do not see or store your card information.

Roster Passes are non-refundable except where required by law — and, for purchases made through the Apple App Store, except as provided by Apple's refund policies. Pricing may change at any time, and price changes apply only to new purchases; prices may differ between platforms.

Apple App Store.If you download the App from the Apple App Store, your use is also subject to Apple's standard Licensed Application End User License Agreement. You and we acknowledge that Apple is a third-party beneficiary of these Terms and may enforce them, that Apple has no obligation to provide maintenance or support for the App, and that Apple is not responsible for the App or any claims relating to it, to the extent required by Apple's App Store policies.

4. Your Content

You may submit content to YAWK, including player names, photos, jersey numbers, scoring events, and votes (“Your Content”).

Your representations. By submitting Your Content, you represent that:

• You have the right to submit it
• You are the parent or legal guardian of any minor whose information appears in Your Content, or you have obtained the parent's or guardian's permission
• Your Content does not infringe any third party's rights and is not unlawful or harmful

Your license to us. You grant YAWK a worldwide, non-exclusive, royalty-free license to use, store, display, reproduce, and distribute Your Content as needed to operate, provide, and improve the Service. This license ends when you delete the content or your account, except for content already shown publicly that other users have built upon (for example, plays you reported in a shared game), which may remain in the historical record in anonymized form.

Player visibility. Each player is private by default. You control how each player appears on the public Site through their visibility settings, and you can change these at any time.

5. Acceptable Use

You may not, and may not permit anyone else to:

• Use YAWK in violation of any law
• Submit false reports, manipulate the consensus scoring engine, vote fraudulently, or impersonate another person
• Post content that is unlawful, harassing, defamatory, threatening, hateful, sexually explicit, or otherwise objectionable
• Access YAWK through any automated means, including bots, scrapers, or crawlers, except for well-behaved search engine indexing of public pages
• Bulk-collect, copy, or extract any portion of the Site or App, including public player or game data
• Reverse engineer, decompile, or attempt to extract source code from YAWK
• Interfere with the operation of YAWK, attempt to gain unauthorized access, or probe for security vulnerabilities without our written permission
• Resell, sublicense, or commercially exploit YAWK without our written permission

6. Intellectual Property

YAWK and all underlying software, design, branding, trademarks, and content (excluding Your Content) are owned by Meka Bear Industries, Inc and are protected by intellectual property laws. We grant you a limited, revocable, non-exclusive, non-transferable license to use YAWK for its intended purpose, subject to these Terms.

7. Termination

You may delete your account at any time from the profile page in the App. When you delete your account, we delete your data as described in our Privacy Policy.

We may suspend or terminate your account, with or without notice, if you violate these Terms, if your use of YAWK creates risk for us or other users, or if we discontinue the Service.

Sections that by their nature should survive termination — including the license to historical content described in Section 4, intellectual property, disclaimers, limitation of liability, indemnification, and dispute resolution — survive termination of these Terms.

8. Disclaimers

YAWK IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR ACCURACY.

YAWK relies on community-reported scoring. Stats and game data may contain errors. We do not guarantee that scores, plays, or stats are accurate, complete, or timely. Do not rely on YAWK for any purpose where errors could cause harm.

We do not guarantee that YAWK will be uninterrupted, secure, or error-free.

9. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, MEKA BEAR INDUSTRIES, INC AND ITS OFFICERS, EMPLOYEES, AND AGENTS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, DATA, OR GOODWILL, ARISING OUT OF OR RELATED TO YOUR USE OF YAWK.

OUR TOTAL LIABILITY FOR ANY CLAIM ARISING OUT OF OR RELATED TO YAWK WILL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID US IN THE TWELVE MONTHS BEFORE THE CLAIM AROSE, OR (B) ONE HUNDRED U.S. DOLLARS ($100).

Some jurisdictions do not allow the exclusion or limitation of certain damages, so some of these limits may not apply to you.

10. Indemnification

You agree to indemnify, defend, and hold harmless Meka Bear Industries, Inc and its officers, employees, and agents from any claim, demand, loss, or damages, including reasonable attorneys' fees, arising out of or related to: (a) Your Content, (b) your use of YAWK, (c) your violation of these Terms, or (d) your violation of any law or the rights of a third party.

11. Governing Law and Disputes

These Terms are governed by the laws of the State of Delaware, without regard to its conflict of laws rules. You agree to the exclusive jurisdiction of the state and federal courts located in Delaware for any dispute arising out of or relating to these Terms or the Service.

12. Changes to These Terms

We may update these Terms from time to time. If we make material changes, we will notify you by email or by prominent notice in the App before the changes take effect. Your continued use of YAWK after changes take effect constitutes acceptance.

13. Miscellaneous

These Terms, together with our Privacy Policy, are the entire agreement between you and YAWK regarding the Service. If any provision is held unenforceable, the remaining provisions remain in effect. Our failure to enforce any provision is not a waiver. You may not assign these Terms; we may assign them in connection with a business transfer.

14. Contact Us

Email: support@yawk.fun

Mail:
Meka Bear Industries, Inc
56 Broad St STE 14004
Boston, Massachusetts 02109