Terms of service

Introduction

Welcome to Attack Tee LLC (“Attack Tee,” “we,” “us,” or “our”). These Terms of Service (“Terms”) govern your use of our physical products, mobile applications (including our iOS app), websites, and all related services (collectively, the “Services”). By accessing or using our Services, you agree to these Terms. If you do not agree, do not access or use our Services.

1. Acceptance of Terms

By using our Services, you represent that you have read, understood, and agree to be bound by these Terms and any additional policies referenced herein. If you do not agree, you must discontinue use immediately.

2. Description of Services

• Physical Products: The Attack Tee is a batting tee designed for baseball and softball training.
• iOS App: Offers guided setup, data-driven angle recommendations, session tracking, leaderboards, potential in-app purchases, and may offer an AI-driven mental skills & approach coach feature.
• Website and E-Commerce Store: Provides product information, educational content, customer support resources, community forums, and the ability to purchase Attack Tee products and related merchandise.

3. User Accounts

To access certain features, you may be required to create an account with accurate and complete information. You are responsible for maintaining the security of your login credentials and for all activity under your account. Notify us immediately of any unauthorized use. We are not liable for any losses caused by unauthorized use of your account.

4. Payments and Subscriptions

• Payment Information: Payments processed through third-party payment processors are subject to their terms. We do not store your payment information.
• Subscription Fees: Certain premium features, including but not limited to the AI Coach, may be offered on a subscription basis. All fees are non-refundable except as required by law.
• Recurring Billing: Subscription fees will be charged in advance on a recurring basis per your chosen plan. You are responsible for managing your subscription and for all charges incurred.

5. Physical Product Warranty and Safety

• Warranty: The Attack Tee includes a 1-year money-back warranty on manufacturing defects. Warranty claims require proof of purchase.
• Safety: All provided safety instructions must be followed. Improper use may result in injury or damage. You assume all risks of use.
• No Device Liability: We are not liable for damage to your phone, tablet, or other devices used with our products.

6. Use of Services

• Permitted Use: You agree to use the Services only for lawful, authorized purposes.
• Prohibited Use: You shall not use the Services to violate any applicable law; harm or exploit minors; engage in harassment, fraud, or other unlawful acts; transmit unauthorized advertising; or impersonate others.

7. Intellectual Property

All content, trademarks, and intellectual property associated with our Services are owned by us or our licensors. You may not reproduce, distribute, modify, or create derivative works without our prior written consent.

8. Privacy

Your use of the Services is subject to our Privacy Policy, which outlines how we collect, use, and protect personal information. By using our Services, you consent to these practices.

9. AI Mental Skills & Approach Coach Disclaimer

Our AI Mental Skills & Approach Coach (the “AI Coach”) is powered by artificial intelligence and large language models (“LLMs”). The AI Coach is intended solely for informational, educational, and entertainment purposes. It is not professional medical, psychological, financial, legal, or sports coaching advice. The AI Coach may generate inaccurate, misleading, or incomplete information (“hallucinations”) without our knowledge. You agree that:

• You will not rely solely on the AI Coach’s advice, guidance, or information.
• You understand the AI Coach does not replace the expertise of a qualified coach, trainer, sports psychologist, or medical professional.
• You assume all risks associated with using the AI Coach’s content, and Attack Tee is not responsible for any decisions you make based on such content.

10. Termination

We reserve the right to suspend or terminate your account or access to the Services at any time, without notice, for conduct that we believe violates these Terms or harms our interests or those of other users.

11. Dispute Resolution

• Governing Law: These Terms are governed by the laws of the state where Attack Tee LLC is headquartered, without regard to conflict of law principles.
• Arbitration: All disputes arising from these Terms or the Services shall be resolved by binding arbitration under the rules of the American Arbitration Association. The arbitration shall take place in the state of our headquarters, in English, and each party shall bear its own costs.

12. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, ATTACK TEE LLC, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AFFILIATES, AND LICENSORS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, REVENUE, DATA, OR USE, ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE THE SERVICES, REGARDLESS OF THEORY OF LIABILITY, WHETHER BASED IN CONTRACT, TORT, OR OTHERWISE, AND EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

IN NO EVENT SHALL ATTACK TEE’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES EXCEED THE AMOUNT PAID BY YOU TO ATTACK TEE LLC FOR THE RELEVANT SERVICES OR ONE HUNDRED U.S. DOLLARS (USD $100), WHICHEVER IS GREATER.

13. Disclaimer of Warranties

THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. ATTACK TEE LLC DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICES WILL BE ERROR-FREE, UNINTERRUPTED, SECURE, OR ACCURATE, NOR DO WE WARRANT ANY PARTICULAR RESULTS FROM USE OF THE SERVICES.

14. Indemnification

You agree to defend, indemnify, and hold harmless Attack Tee LLC, its affiliates, officers, directors, employees, agents, and licensors from and against any and all claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys’ fees) arising from or related to:

• Your use or misuse of the Services;
• Your breach of these Terms;
• Your violation of any third-party rights;
• Your reliance on any information, advice, or content provided by the AI Coach or other aspects of the Services.

15. Changes to Terms

We may update these Terms at any time by posting the revised Terms on our website and/or in our app. You are encouraged to review these Terms periodically. Your continued use of the Services after any changes constitute your acceptance of the updated Terms.

16. Severability

If any provision of these Terms is found to be invalid or unenforceable, that provision will be enforced to the maximum extent permissible, and the remaining provisions will remain in full force and effect.

17. Entire Agreement

These Terms, together with our Privacy Policy and any other legal notices or policies published by us, constitute the entire agreement between you and Attack Tee LLC regarding your use of the Services.

18. Contact Us

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

Attack Tee LLC
2499 East Willow St.
Long Beach, CA 90755
Email: info@attacktee.com