Legal

Terms of Use

Last updated: June 18, 2026

These Terms of Use ("Terms") govern your access to and use of the Now Batting iOS application and the website at nowbattingapp.com (collectively "Now Batting" or the "App"). Chief Hype Officer LLC ("we," "our," or "us") operates Now Batting. By downloading the App, creating content within it, or using the website, you agree to these Terms. If you do not agree, do not use Now Batting.

Beta Status

Now Batting may be offered in beta from time to time. During any beta period, the App may contain bugs, features may change without notice, and service interruptions may occur. We may add, modify, or remove features at any time.

Use of the App

Now Batting is a tool for coaches, parents, and team organizers to manage walk-up songs and player announcements for youth sports. You may use Now Batting for personal, non-commercial coaching and team management purposes, subject to these Terms.

You agree not to:

• Use Now Batting for commercial entertainment or large-scale public performance purposes without separately securing all required music licensing.
• Reverse engineer, decompile, copy, modify, or redistribute the App, the website, or any underlying code.
• Use the App in any way that violates applicable laws or regulations, including laws governing copyright, privacy, and the rights of minors.
• Attempt to gain unauthorized access to our servers, API, or any user's data.
• Use Now Batting to harass, defame, or invade the privacy of any individual, including any minor.
• Misrepresent your relationship to a player or team in order to enter that player's information into the App.

We may suspend or terminate your access to Now Batting at any time if we believe you have violated these Terms.

Roster Data and Consent

Now Batting is operated by adults only — coaches, parents, and team managers — to administer game-day audio for youth sports teams. Players do not create accounts, log in, enter information, or otherwise use the App. Minors are prohibited from using the App. If we learn that a minor has created an account or otherwise accessed the App directly, we reserve the right to suspend or terminate the associated account.

When you enter player information into Now Batting, or use any feature that involves a player's name, number, or other roster information, you represent and warrant that you have obtained all permissions necessary — including, where applicable, permission from each player's parent or legal guardian — to provide that information and to use it as described in our Privacy Policy. This permission extends to:

• Storing the player's name, jersey number, position, and other roster information in the App.
• Transmitting that information to our third-party service providers (described in our Privacy Policy) for purposes such as generating personalized announcements, walk-up songs, and lineup calls.
• Sharing the player's information with another coach, parent or team manager through the Share Roster feature, if you choose to use it.

You remain solely responsible for obtaining any permissions required by your league, organization, team, or the participating families, including any parental or guardian consents required under applicable law. The third-party services described in our Privacy Policy act solely as service providers supporting the functionality of the App; they are not permitted to use player information for their own independent purposes, and where those services offer an opt-out from using submitted content to train their models, we have applied it. Now Batting relies on the representations in this section in providing our services to you. We are not independently responsible for verifying the existence, adequacy, or validity of any permissions, consents, or authorizations that you represent you have obtained.

You acknowledge and agree that Now Batting is designed for use by adults only — coaches, parents, team managers — is not directed to children, and is not intended for use by children. While the App is used to celebrate and announce young athletes, the data the App collects about those athletes is limited to roster information of the kind that has historically appeared on printed batting-order cards: name, jersey number, and position. Now Batting does not collect a player's date of birth, age, address, or any contact information about the player.

We comply with the Children's Online Privacy Protection Act (COPPA) and other applicable children's privacy laws. Our Privacy Policy describes in detail what information is collected, what information is not collected, and how each third-party service we work with handles player data.

You are responsible for the accuracy, content, and lawful use of any information you enter into the App. When you use the Share Roster feature to share roster data with another user, you represent that you have permission to share that information with the recipient.

Apple Music & Music Licensing

Now Batting integrates with Apple Music for walk-up song search and playback. Use of Apple Music through the App requires an active Apple Music subscription and is governed by Apple's own Terms of Service and Privacy Policy.

You are solely responsible for ensuring that any music played through Now Batting complies with all applicable copyright laws. Specifically, when using Now Batting in connection with music or audio content that is not royalty-free, you agree to the following:

• Non-commercial use only. You will use Now Batting and any associated music or audio content only for nonprofit, educational, or recreational youth sports activities where no admission is charged, or where any admission proceeds are used exclusively for educational or charitable purposes. You will not use Now Batting for any commercial entertainment purpose or for direct or indirect commercial advantage.
• No retransmission. You will not retransmit, rebroadcast, stream, or otherwise transmit any music or audio content played through Now Batting beyond the immediate location of playback.
• Single receiving apparatus. You will play music and audio content through Now Batting only through a single receiving apparatus the same or materially similar to the kind commonly used in private homes — such as a smartphone, tablet, portable speaker, or single-zone amplifier. You will not connect your device to any commercial sound reinforcement or amplification system.
• Your responsibility for licensing. Public performance of copyrighted music at a sporting event may require a license from a performing rights organization (ASCAP, BMI, SESAC, GMR, or equivalent), typically obtained by the venue or league rather than the individual user. Now Batting is a playback tool and does not grant any music performance licenses or rights. You are solely responsible for compliance with all applicable copyright laws, performance rights requirements, and licensing obligations.

If you are unsure whether your use requires licensing, you acknowledge and agree that you will consult the venue, league, or a qualified attorney before using the App at any public or commercial event. You agree to indemnify, defend and hold us harmless from any claims arising from your use of music or audio content in violation of this section or applicable law.

AI-Generated Audio

Now Batting uses AI voice synthesis (powered by ElevenLabs) and AI music generation (powered by ElevenLabs Music) to create player announcements, pre-game lineup calls (including the feature called "The Roll Call"), walk-up songs, team hype songs, and live "Game Update" announcements. The App also uses the Anthropic Claude API to generate creative descriptors and suggest walk-up song drop points.

This AI-generated audio is created for your personal, non-commercial use with your team. You may not:

• Redistribute, sell, or commercialize AI-generated audio created through Now Batting.
• Publish AI-generated audio containing children's names to publicly accessible platforms without all permissions and consents required by applicable law.
• Use AI-generated audio in any context that could mislead listeners into believing the audio is from a real licensed broadcaster or commercial production.

By generating AI audio through the App, you understand and consent to the App transmitting the inputs described in our Privacy Policy to the third-party service providers described therein, including providers of artificial intelligence, audio synthesis, cloud storage, and related technical services. You represent and warrant that you have obtained all permissions necessary to provide those inputs — including, where applicable, permission from a player's parent or legal guardian to use the player's name and number and to transmit that information to those service providers for the purpose of generating audio and related content. The audio you generate is intended for your personal, non-commercial use with your team, for in-game playback at the site of the sporting event.

BYO Announcer Uploads

Now Batting allows you to upload your own announcement audio file for a player ("BYO Announcer"). When you use this feature, you represent that you have all necessary rights and permissions to upload the audio file, that the audio does not infringe any third-party rights, and that the audio does not contain unlawful content. You further acknowledge and agree that the uploaded audio will be stored on our content delivery network so the App can play it back on game day.

BYO Announcer accepts an audio file that you upload; the App does not record audio. You represent and warrant that any audio you upload features the voice of an adult (such as a coach, parent, or grandparent) and does not contain the voice of a minor, that you have all rights and permissions necessary to upload and use the audio, and that the audio does not infringe any third-party right or contain unlawful content. Uploaded audio is stored on our content delivery network so the App can play it back; you are solely responsible for the contents of any file you upload. Uploading audio that contains a minor's voice is strictly prohibited.

Your Inputs to AI Features

Now Batting lets you enter free-text inputs that are processed by our third-party AI services (ElevenLabs, Anthropic) to generate audio and creative content. When you provide such inputs, you represent and warrant that:

• You have all necessary rights to provide the input, and the input does not infringe any third-party right (including intellectual property, privacy, publicity, or any other right of any individual).
• The input is not unlawful, threatening, abusive, harassing, defamatory, hateful, or discriminatory.
• The input does not sexualize, exploit, or otherwise harm minors.
• The input complies with the terms of service of our AI vendors, including the ElevenLabs Terms of Service and the Anthropic Usage Policy.

You are solely responsible for the inputs you provide and the AI-generated content that results from those inputs. We disclaim all liability for AI-generated content arising from your inputs.

Roster Sharing

Roster sharing lets a paid subscriber generate a link to share a team roster with another person. Only paid subscribers may create share links. When you share a roster, you transmit player names, jersey numbers, position, batting order, walk-up song selections, and any associated audio files so the recipient can view and play the roster.

Recipients who do not have an active paid subscription receive a limited, play-only experience: they may view and play a shared roster, but creating, editing, or generating new content requires starting their own subscription (including any applicable free trial). Sharing does not transfer ownership of any subscription, entitlement, or generated content.

Shared roster data is stored on our servers until you delete it — either through the in-app Stop Sharing flow or by emailing cho@nowbattingapp.com with the share link. You acknowledge and agree that you may only share rosters with individuals authorized to receive such information. You are responsible for obtaining any necessary consent from parents or guardians before sharing information about minor players.

Subscriptions and Payment

Now Batting offers paid subscription plans that unlock additional features beyond what is available without a subscription.

Subscription Plans

Dedicated Chief Hype Officer: $9.99 per year, auto-renewing annually. Includes support for multiple teams, announcer voice generation, and up to 15 AI-generated songs per subscription year.

Headliner Chief Hype Officer: $24.99 per year, auto-renewing annually. Includes support for multiple teams, announcer voice generation, and up to 60 AI-generated songs per subscription year.

Both plans require an active Apple Music subscription for full-length Apple Music playback (Apple Music is provided by Apple and is not included in your Now Batting subscription). Prices are in U.S. dollars and may vary by jurisdiction based on local taxes and Apple's regional pricing. The price applicable to you will be displayed in-app before you subscribe.

Free Trial

New subscribers to the Dedicated Chief Hype Officer Plan are eligible for a 7-day free trial, provided as a standard Apple introductory offer. If you do not cancel at least 24 hours before the end of the 7-day trial period, your subscription will automatically convert to a paid annual subscription and your Apple ID will be charged the applicable annual price. You may cancel at any time during the trial through your Apple ID account settings; if you cancel during the trial, you will not be charged. Eligibility for the free trial is determined by Apple and may be limited to one trial per Apple ID.

Auto-Renewal

Your subscription automatically renews for successive one-year terms at the then-current annual price unless auto-renewal is turned off at least 24 hours before the end of the current period. Your Apple ID account will be charged for renewal within 24 hours prior to the end of the current period. You can manage your subscription and turn off auto-renewal in your Apple ID Account Settings after purchase.

Cancellation

You can cancel your subscription at any time through your Apple ID account settings (Settings → [your name] → Subscriptions on iOS). Cancellation takes effect at the end of your current billing period; you will continue to have access to paid features through the end of that period. Canceling auto-renewal does not entitle you to a refund for the current period.

Refunds

All payments for Now Batting subscriptions are processed by Apple through the App Store. Refund requests are handled by Apple per its App Store refund policies, which you can review at reportaproblem.apple.com. We do not process refunds directly.

Price Changes

We may change subscription prices from time to time. If a price increase applies to your subscription, Apple will notify you in accordance with App Store requirements, and where required, your affirmative consent will be requested before the new price takes effect. If you do not agree to a price change, you may cancel your subscription before it renews.

Account Termination

We may suspend or terminate your access to Now Batting at any time, with or without notice, if we believe you have violated these Terms, if your conduct creates a risk to other users or to us, or if continued provision of the service is no longer commercially reasonable for us. You may stop using Now Batting at any time by deleting the App from your device. If you have an active subscription, see the Cancellation section above for how to cancel.

Upon termination of your access:

• Your local data on your device remains on your device unless you delete the App.
• Shared roster data and audio files on our servers will be removed according to the data retention practices in our Privacy Policy.
• Provisions of these Terms that by their nature should survive termination — including disclaimers of warranties, limitations of liability, indemnification, and dispute resolution — will continue to apply.

Disclaimer of Warranties

Now Batting is provided "as is" and "as available," without warranties of any kind, whether express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, accuracy, or non-infringement. We do not guarantee that the App will be error-free, uninterrupted, free of bugs, or free of harmful components. Features may change, be added, or be removed at any time. To the extent any warranties cannot be disclaimed under applicable law, such warranties are limited in duration to the minimum period permitted by law.

Limitation of Liability

To the maximum extent permitted by law, Chief Hype Officer LLC shall not be liable for any indirect, incidental, special, consequential, or punitive damages arising from or related to your use of the App, including but not limited to missed game moments, audio failures, data loss, lost opportunities, reputational harm, or emotional distress.

In no event shall our total cumulative liability to you for any claims arising from or related to these Terms or the App exceed the greater of (a) one hundred U.S. dollars ($100) or (b) the amounts you have paid to us for subscriptions in the twelve (12) months preceding the claim.

Nothing in these Terms excludes or limits our liability for any matter that cannot be excluded or limited under New Jersey law, including liability for gross negligence, recklessness, intentional misconduct, violation of statutory law, or for bodily injury, death, or damage to tangible property caused by our negligence. The limitations above apply only to the maximum extent permitted by law.

Indemnification

You agree to indemnify, defend, and hold harmless Chief Hype Officer LLC, its officers, directors, employees, and agents from any claims, damages, losses, liabilities, costs, or expenses (including reasonable attorneys' fees) arising from your violation of these Terms, our Privacy Policy, any applicable law or third-party right, your misuse of the App, your representations regarding parental consent for roster data, or any content you enter into, upload to, or generate through the App.

We will provide you with prompt written notice of any claim for which we seek indemnification and will reasonably cooperate in the defense. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which case you agree to cooperate with that defense. You may not settle any claim in a manner that imposes any obligation or liability on us without our prior written consent.

Dispute Resolution; Binding Arbitration

Please read this section carefully. It limits how disputes between you and Chief Hype Officer LLC can be resolved.

Informal Resolution

For any dispute or claim between you and Chief Hype Officer LLC arising from or relating to these Terms, our Privacy Policy or your use of Now Batting, you agree to first attempt to resolve the dispute through informal negotiation. Before initiating any arbitration or court proceeding, you must contact us at cho@nowbattingapp.com with a written description of the dispute and a proposed resolution, and we will have sixty (60) days to attempt to resolve the dispute informally.

Binding Arbitration

If informal resolution is unsuccessful, any controversy or claim arising from or relating to these Terms, our Privacy Policy or your use of Now Batting shall be resolved by binding arbitration administered by the American Arbitration Association ("AAA") in accordance with its Consumer Arbitration Rules. The arbitration shall be conducted in English in a location to be agreed upon by the parties (or, if no agreement is reached, in a location determined by the arbitrator) and may be conducted by phone or video conference where appropriate. The arbitrator shall have exclusive authority to resolve all disputes arising from or relating to the interpretation, applicability, enforceability, or formation of these Terms. The arbitrator's decision shall be final and binding, and judgment on the award may be entered in any court having jurisdiction.

JURY AND COURT TRIAL WAIVER. TO THE FULLEST EXTENT PERMITTED BY LAW, YOU AND CHIEF HYPE OFFICER LLC KNOWINGLY AND VOLUNTARILY WAIVE THE RIGHT TO SUE IN COURT AND THE RIGHT TO A TRIAL BEFORE A JUDGE OR JURY, AND AGREE THAT ALL DISPUTES SUBJECT TO THIS SECTION WILL INSTEAD BE RESOLVED BY BINDING ARBITRATION AS SET FORTH ABOVE, EXCEPT FOR CLAIMS PROPERLY BROUGHT IN SMALL CLAIMS COURT OR AS OTHERWISE EXPRESSLY PROVIDED.

Class Action Waiver

TO THE FULLEST EXTENT PERMITTED BY LAW, YOU AND CHIEF HYPE OFFICER LLC AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, OR REPRESENTATIVE PROCEEDING.

The arbitrator may not consolidate more than one person's claims and may not otherwise preside over any form of a representative or class proceeding. If this class action waiver is found to be unenforceable, then this entire arbitration provision shall be null and void, and all disputes shall be resolved in court.

Small Claims Court Exception

Notwithstanding the foregoing, either party may bring an individual action in small claims court for disputes within the jurisdictional limits of such court, provided the claim is brought on an individual, non-class, non-representative basis.

Right to Opt Out

You may opt out of this arbitration provision by sending written notice to us at cho@nowbattingapp.com within thirty (30) days of first accepting these Terms (or 30 days of this version first being deployed, for existing users). The opt-out notice must include your name and a clear statement that you wish to opt out of arbitration. If you opt out, the remaining provisions of these Terms will continue to apply, and disputes will be resolved through the New Jersey courts as described in Governing Law and Jurisdiction below.

Severability of This Section

If any portion of this Dispute Resolution section is found to be unenforceable, the remainder of this section will remain in full force and effect to the extent permitted by law, except as provided in the Class Action Waiver paragraph above.

Apple-Specific Terms

The following terms apply because Now Batting is distributed through the Apple App Store. By accepting these Terms, you acknowledge:

• These Terms are an agreement between you and Chief Hype Officer LLC only, and not with Apple Inc. ("Apple"). Chief Hype Officer LLC, not Apple, is solely responsible for the App and its content.
• Apple has no obligation to furnish any maintenance or support services for the App.
• 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 of the App to you (where applicable). To the maximum extent permitted by law, Apple has no other warranty obligation with respect to the App.
• Chief Hype Officer LLC, not Apple, is responsible for addressing any claims by you or any third party relating to the App, including product liability claims, claims that the App fails to conform to legal or regulatory requirements, and claims arising under consumer protection or similar legislation.
• 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, Chief Hype Officer LLC, not Apple, is solely responsible for the investigation, defense, settlement, and discharge of any such claim.
• You represent and warrant that you are not located in a country subject to a U.S. Government embargo or designated as a "terrorist supporting" country, and that you are not listed on any U.S. Government list of prohibited or restricted parties.
• Apple and Apple's subsidiaries are third-party beneficiaries of these Terms, and upon your acceptance, Apple has the right (and is deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary.

Third-Party Services

Now Batting relies on third-party services including Apple Music, Apple (App Store and In-App Purchases), RevenueCat, ElevenLabs, Anthropic, Vercel, Vercel Blob, Upstash, PostHog, and Sentry. The role each of these services plays is described in our Privacy Policy. By using Now Batting, you understand and consent to the App transmitting the specific data described in our Privacy Policy to these services as needed to provide their respective functions. Your use of those services is subject to their respective terms of service and privacy policies. We are not responsible for the availability, performance, or conduct of any third-party service.

Not Affiliated

Now Batting is an independent application. It is not affiliated with, endorsed by, or sponsored by Apple Inc., Apple Music, ElevenLabs, any sports league, any music label, any publisher, or any rights holder. All trademarks are the property of their respective owners.

Copyright Concerns

If you believe that content available through Now Batting infringes your copyright, please contact us at cho@nowbattingapp.com with sufficient detail to identify the allegedly infringing content and your basis for the claim. We will respond to legitimate copyright concerns in accordance with applicable law.

Governing Law and Jurisdiction

These Terms are governed by the laws of the State of New Jersey, without regard to conflict of law principles. To the extent any dispute is not subject to arbitration under the Dispute Resolution section above (including disputes by users who have opted out of arbitration, and disputes within the small claims court exception), any dispute arising from or related to these Terms, our Privacy Policy or your use of Now Batting shall be resolved exclusively in the state or federal courts located in New Jersey, and you consent to the personal jurisdiction of those courts.

Severability

If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions of these Terms will remain in full force and effect.

Changes to These Terms

We may update these Terms from time to time. The "Last updated" date at the top reflects the most recent revision. Continued use of Now Batting after changes constitutes acceptance of the revised Terms.

Contact

Questions about these Terms? Email us at cho@nowbattingapp.com.

© 2026 Chief Hype Officer LLC · Privacy Policy