Terms of Service — OnTheDiamond

Effective date: June 1, 2026 Last updated: June 1, 2026

Welcome to OnTheDiamond (the "App"), provided by Live Flatout LLC ("we," "us," or "our"). These Terms of Service ("Terms") govern your access to and use of the App and its features, including baseball/softball stat tracking and the community venue directory and tips. Please read them carefully.

1. Acceptance of these Terms

By creating an account, or by accessing or using the App, you agree to be bound by these Terms and by our Privacy Policy, which is incorporated here by reference. If you do not agree, do not create an account or use the App.

2. Eligibility

The App is intended for parents, guardians, coaches, and players to track statistics and share information about sports venues. You are responsible for any activity that occurs under your account.

3. Your Account

You agree to provide accurate information, to keep your login credentials secure, and to notify us promptly of any unauthorized use of your account. You are responsible for all activity under your account.

4. User-Generated Content and Community Conduct

The App lets you contribute content, including venue tips, ratings, and related information ("User Content").

You are responsible for your User Content. You retain ownership of it, and you grant us a worldwide, non-exclusive, royalty-free license to host, store, display, reproduce, and distribute it within the App for the purpose of operating and improving the service.

Zero tolerance for objectionable content and abusive behavior. You agree that you will not post, and the App does not permit, User Content that is unlawful, harassing, abusive, threatening, hateful, defamatory, obscene, sexually explicit, invasive of privacy, or otherwise objectionable. You also agree not to harass, bully, threaten, or abuse other users.

By submitting User Content you represent that it is accurate to the best of your knowledge, that you have the right to share it, and that it does not violate these Terms or any law or the rights of others.

5. Prohibited Conduct

You agree not to:

• Post objectionable content as described in Section 4;
• Impersonate any person or misrepresent your affiliation;
• Harass, intimidate, or harm other users;
• Upload viruses or malicious code, or attempt to disrupt or gain unauthorized access to the App or its systems;
• Use the App for any unlawful purpose or in violation of these Terms;
• Scrape, harvest, or misuse other users' information.

6. Content Moderation and Enforcement

We have the right, but not the obligation, to monitor, review, filter, hide, or remove any User Content at our discretion, and to do so without notice. The App provides tools to report objectionable content and to block other users. We will act on reports of objectionable content and abusive users, including removing content and suspending or terminating accounts. We may also use automated filtering to prevent objectionable content from being posted. We aim to address valid reports of objectionable content promptly.

You can report content or contact us at help@liveflatout.com.

7. Intellectual Property

The App, including its design, text, graphics, and software (excluding User Content), is owned by us or our licensors and is protected by intellectual-property laws. You may not copy, modify, or create derivative works of the App except as permitted by these Terms.

8. Purchases and Subscriptions

The App may offer optional in-app purchases or subscriptions through the Apple App Store. Payment, billing, auto-renewal, and cancellation are handled by Apple and governed by your App Store account settings and Apple's terms. Prices and offerings may change.

9. Venue Information Disclaimer

Venue details, ratings, and tips are provided for general information only and may be contributed by other users or third parties. They may be inaccurate, incomplete, or out of date. Verify important details (such as access, hours, and facilities) independently. We do not guarantee the accuracy of any venue information.

10. Disclaimers

THE APP AND ALL CONTENT ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE APP WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE.

11. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF DATA, PROFITS, OR GOODWILL, ARISING FROM OR RELATED TO YOUR USE OF THE APP. OUR TOTAL LIABILITY FOR ANY CLAIM RELATING TO THE APP WILL NOT EXCEED THE GREATER OF [AMOUNT, e.g., USD $50] OR THE AMOUNT YOU PAID US IN THE 12 MONTHS BEFORE THE CLAIM.

12. Indemnification

You agree to indemnify and hold us harmless from any claims, damages, or expenses (including reasonable attorneys' fees) arising from your User Content, your use of the App, or your violation of these Terms or the rights of others.

13. Termination

We may suspend or terminate your access to the App at any time, with or without notice, for conduct that we believe violates these Terms or is otherwise harmful to other users or to us. You may stop using the App and delete your account at any time.

14. Changes to these Terms

We may update these Terms from time to time. If we make material changes, we will update the "Last updated" date and may ask you to re-accept the Terms within the App. Your continued use after changes take effect constitutes acceptance.

15. Governing Law

These Terms are governed by the laws of the State of NJ, without regard to its conflict-of-laws rules. You agree to the exclusive jurisdiction of the courts located in Somerset County, NJ for any disputes not subject to arbitration.

16. Contact

Questions about these Terms? Contact us at help@liveflatout.com.

---

By creating an account or using OnTheDiamond, you acknowledge that you have read, understood, and agree to these Terms of Service.