1. Agreement to These Terms

These Terms of Service ("Terms") are a legally binding agreement between you and Bravara, Inc. ("Bravara," "we," "us," or "our") that governs your access to and use of the Bravara website located at https://bravara.com, the Bravara mobile application, and all related products, features, content, and services that link to or reference these Terms (collectively, the "Services").

Bravara, Inc. is located at 1968 S. Coast Hwy #1194, Laguna Beach, CA 92651, United States. You can contact us at support@bravara.com.

By accessing or using the Services, creating an account, clicking to accept these Terms, or purchasing a Subscription, you agree to these Terms. If you are using the Services on behalf of an Organization, you represent and warrant that you have authority to bind that Organization to these Terms, and in that case "you" and "your" include that Organization.

If you do not agree to these Terms, you must not use the Services.

These Terms incorporate our Privacy Policy. If you or your Organization enter into a separate written agreement with Bravara covering the Services, that agreement will control to the extent of any direct conflict.

We may update these Terms from time to time. If we make a material change, we may provide notice by posting the updated Terms in the Services, by email, through a billing portal, or by other reasonable means. The updated Terms will become effective on the date stated in the revised version. If you continue using the Services after the effective date, you agree to the revised Terms.

2. Definitions

For purposes of these Terms:

• "Bravara-Controlled Data" means personal information and related data that Bravara collects and controls directly, including information about website visitors, account holders, Organization representatives, billing contacts, support contacts, and interactions with our website and Services.
• "Free Plan" means a no-cost version of the Services with limited features.
• "Individual User" means a natural person who uses the Services, including a parent, guardian, coach, volunteer, team manager, administrator, or other authorized user.
• "Organization" means a youth sports league, club, team, or other entity that uses the Services for league, team, or program management.
• "Organization Admin" means an individual authorized by an Organization to create, manage, administer, configure, and control that Organization's account, settings, permissions, billing, and use of the Services.
• "Organization-Controlled Data" means information, content, and materials submitted to the Services by or on behalf of an Organization, including participant, parent or guardian, coach, volunteer, roster, schedule, evaluation, draft, communication, score, photo, and other league-operational data.
• "Subscription" means a paid recurring plan for the Services.
• "User Content" means content, data, and materials you upload, submit, post, store, send, display, or otherwise make available through the Services.

3. Eligibility and Scope

The Services are intended for Organizations located in the United States and for adult users such as league administrators, coaches, team managers, and parents or guardians.

You must be at least 18 years old to create an account, accept these Terms, or purchase a Subscription.

Children may not create Bravara accounts directly. Information about minor participants may only be submitted to the Services by an authorized Organization user, parent, or legal guardian.

You may not use the Services if doing so would violate applicable law, including export control or sanctions laws. You represent and warrant that you and, if applicable, your Organization are not located in, organized under the laws of, or ordinarily resident in, any country or region subject to a comprehensive U.S. embargo and are not listed on any applicable U.S. government restricted-party list.

We make no representation that the Services are appropriate or available outside the United States. If you access the Services from outside the United States, you do so at your own initiative and are responsible for compliance with applicable local law.

4. Organization Use and Individual Use

Bravara is used by both Organizations and Individual Users.

If you use the Services on behalf of an Organization, the Organization controls its account, users, permissions, workflows, billing decisions, and most Organization-Controlled Data associated with that account.

If you use the Services as an Individual User in connection with an Organization, your access, role, permissions, and visibility into Organization-Controlled Data may depend on the Organization's settings and decisions.

Organization Admins may add, remove, suspend, reassign, or limit users associated with their Organization and may control what Organization-Controlled Data is visible to authorized users within that Organization.

5. Accounts and Security

You must provide accurate, current, and complete information when creating or maintaining an account and must promptly update that information if it changes.

You are responsible for maintaining the confidentiality of your login credentials and for all activity under your account. If you believe your account has been accessed without authorization, you must notify us promptly at support@bravara.com.

You must not share login credentials in a manner that bypasses plan limits, security requirements, or internal permission controls.

We may require or offer multi-factor authentication, password standards, session controls, device verification, or other security measures. You agree not to disable or work around required security measures.

We may reclaim or require you to change a username, account name, or similar identifier if we reasonably believe it is misleading, offensive, infringing, or otherwise inappropriate.

6. Organization Responsibilities

If you create, administer, or use the Services on behalf of an Organization, the Organization is solely responsible for:

• authorizing who may access the Services under its account and what permissions they have
• the legality, accuracy, completeness, and appropriateness of Organization-Controlled Data
• determining what participant, parent, guardian, coach, volunteer, or staff information is collected, uploaded, displayed, shared, retained, or deleted through the Services
• deciding how evaluation tools, draft tools, scheduling tools, communication tools, and historical recordkeeping tools are used
• providing all notices and obtaining all consents, waivers, releases, permissions, and authorizations required by law or by the Organization's own policies, including for minors, photos, videos, evaluations, communications, and electronic contact methods
• compliance with laws applicable to the Organization and its programs, including privacy, communications, youth sports, child safety, employment, volunteer, and consumer protection laws
• screening, vetting, training, supervising, and retaining coaches, volunteers, staff, and other personnel
• maintaining safety policies, child protection policies, and appropriate insurance coverage
• all decisions relating to player evaluations, rankings, draft outcomes, team assignments, schedules, participation, messaging, and league operations.

Bravara is a software provider only. Bravara does not organize, supervise, operate, officiate, or control practices, games, drafts, events, or other league activities.

7. Individual Users and Parent or Guardian Use

If your account is associated with an Organization, the Organization may control your access, permissions, role, and internal visibility. Depending on the Organization's settings, authorized users within that Organization may be able to view rosters, schedules, communications, notes, evaluations, draft information, and related Organization-Controlled Data.

If you are a parent or guardian, you represent and warrant that you have authority to provide information about yourself and any child participant you submit through the Services.

If your account is associated with an Organization, the Organization may suspend or terminate your access, change your permissions, export Organization-Controlled Data, or request correction or deletion of Organization-Controlled Data. If you have questions about Organization-Controlled Data, you should contact the relevant Organization first.

Bravara is not responsible for disputes between you and an Organization, including disputes about roster placement, evaluations, schedules, communications, league rules, fees, refunds, or access to Organization-Controlled Data.

8. Plans, Subscriptions, Billing, and Taxes

We may offer the Services through a Free Plan, one or more paid Subscriptions, or both. Current plan descriptions, features, usage limits, and pricing may be shown in the Services, in an order form, or at checkout.

Unless expressly stated otherwise, paid Subscriptions are billed annually in advance.

Some plans or features are offered on a usage-based or per-player basis rather than, or in addition to, a fixed recurring fee. For usage-based plans, you authorize Bravara and our payment processors to charge your payment method on file for player and usage charges as they are incurred, including charges that accrue between invoices and are billed periodically once they reach a stated threshold or on a regular billing date. Usage charges reflect activity in your account — for example, players evaluated or added to teams using included tools — and are earned by Bravara when that activity occurs.

Player and usage charges that have already been incurred remain due and payable even if you later downgrade, turn off a paid feature, cancel, or remove your payment method. You authorize Bravara to charge the payment method on file for any outstanding incurred balance, including at the time you remove or replace a payment method or turn off usage-based billing. Removing a payment method or turning off a paid feature does not waive amounts already incurred for activity in your account.

By purchasing a Subscription, you authorize Bravara and our third-party payment processors to charge your selected payment method for all applicable fees, taxes, renewals, upgrades, add-ons, and other amounts due under these Terms.

Payments may be processed by third-party providers. Your use of a third-party payment service may also be subject to that provider's terms and privacy practices.

All fees are stated in U.S. dollars unless otherwise specified. Fees are exclusive of taxes unless expressly stated otherwise. You are responsible for all sales, use, value-added, and similar taxes or governmental charges associated with your purchase or use of the Services, except taxes based on Bravara's net income.

You must keep your billing and payment information current and complete. If a payment is declined, reversed, disputed, or otherwise fails, we may retry the charge, suspend access to paid features, downgrade your plan, terminate the applicable Subscription, or pursue collection of unpaid amounts to the extent permitted by law.

If you upgrade a Subscription during a billing cycle, we may charge a prorated amount or otherwise apply the pricing and billing rules disclosed at the time of the change. Downgrades generally take effect at the next renewal unless we expressly state otherwise.

Unless a plan expressly permits it, a paid Subscription is for one Organization only. You may not use one paid Subscription to operate multiple unrelated Organizations, share credentials to avoid plan limits, or otherwise circumvent pricing or usage restrictions. If we reasonably determine that you exceeded plan limits or used one paid plan for multiple unrelated Organizations without authorization, we may require you to upgrade, pay additional fees for excess use, suspend access, or terminate the affected account.

If we offer a trial, promotional term, or discounted period, the specific terms disclosed at the time of the offer will apply in addition to these Terms.

If you purchase a subscription through an app store or other third-party marketplace, that third party's billing, cancellation, and refund rules may apply to that purchase instead of, or in addition to, these Terms.

9. Automatic Renewal, Cancellation, Refunds, and Price Changes

Unless canceled before renewal, each Subscription automatically renews for successive renewal terms at Bravara's then-current price for the applicable plan, plus applicable taxes.

Before you complete a purchase, we will present the material automatic-renewal and billing terms that apply to the Subscription. After purchase, we will provide an acknowledgment that includes the renewal terms, cancellation information, and how to cancel, in a form you can retain.

If you enrolled in a Subscription online, you may cancel online through your account settings, billing page, customer portal, or another online cancellation method we make available. You may also contact us at support@bravara.com. We may require reasonable account authentication before processing cancellation.

Unless we expressly state otherwise at the time of cancellation, cancellation stops future renewal charges and takes effect at the end of the current paid term.

Unless required by applicable law or expressly stated otherwise at the time of purchase, all fees are non-refundable. Canceling a Subscription prevents future renewal charges but does not entitle you to a refund for the current billing period.

Where required by applicable law, we will provide reminders, promotional or trial notices, fee-change notices, material-change notices, and other required renewal-related notices using a method reasonably calculated to reach you.

We may change pricing, packaging, plan features, usage limits, or billing structures from time to time. Any material change to an existing paid Subscription will apply no earlier than your next renewal or as otherwise permitted by applicable law and disclosed to you in advance.

10. Privacy and Data Roles

Our Privacy Policy explains how we collect, use, disclose, retain, and otherwise process personal information. The Privacy Policy is incorporated into these Terms.

10.1 Organization-Controlled Data

As between Bravara and the Organization, the Organization retains all rights it has in Organization-Controlled Data. Bravara does not claim ownership of Organization-Controlled Data.

The Organization is solely responsible for Organization-Controlled Data, including its legality, accuracy, completeness, integrity, permissions, and appropriateness.

When Bravara processes Organization-Controlled Data on behalf of an Organization, the Organization acts as the controller, business, or similar primary decision-maker under applicable law, and Bravara acts as a processor, service provider, contractor, or similar service role, as applicable.

The Organization discloses Organization-Controlled Data to Bravara only for the limited and specified purposes of:

• providing, hosting, storing, organizing, displaying, transmitting, and supporting the Services for that Organization
• authenticating users and administering accounts
• operating features requested or configured by the Organization, including communications, scheduling, evaluations, draft workflows, season history, exports, and similar functions
• billing, collections, support, troubleshooting, and service continuity
• maintaining and improving the Services in a manner permitted by applicable law
• monitoring performance, preventing fraud and abuse, debugging, and maintaining security
• complying with law, legal process, and valid governmental requests
• enforcing these Terms and protecting Bravara, Organizations, users, and the Services
• creating deidentified or aggregated information that does not reasonably identify any person or Organization.

To the extent required by applicable law, Bravara will not sell or share Organization-Controlled Data and will not retain, use, or disclose Organization-Controlled Data outside the direct business relationship between Bravara and the Organization, except as permitted by applicable law, at the Organization's direction, or as otherwise described in these Terms and the Privacy Policy.

To the extent required by applicable law, Bravara will provide the same level of privacy protection for Organization-Controlled Data required by law, will notify the Organization if Bravara determines that it can no longer meet a material applicable obligation with respect to that data, and will allow the Organization to take reasonable and appropriate steps to help ensure that Bravara uses Organization-Controlled Data in a manner consistent with applicable law and this Section, subject to appropriate confidentiality, security, privilege, and operational safeguards.

Bravara may engage subprocessors, service providers, contractors, and affiliates to help provide the Services, subject to appropriate contractual obligations.

10.2 Bravara-Controlled Data

Bravara controls Bravara-Controlled Data and may use it as described in the Privacy Policy, including for account administration, billing, support, analytics, fraud prevention, security, service improvement, and legal compliance.

10.3 Deidentified and Aggregated Information

Bravara may create, use, disclose, and retain deidentified or aggregated information derived from Organization-Controlled Data, Bravara-Controlled Data, or usage information for lawful business purposes, including analytics, product improvement, benchmarking, security, and reporting, provided that such information does not reasonably identify an individual or Organization.

11. Data Processing Addendum

If an Organization reasonably requests a data processing addendum required by applicable privacy law, Bravara will make available its then-current data processing addendum for the Services. If executed by both parties, that addendum will control to the extent of any direct conflict with these Terms, solely with respect to the processing of Organization-Controlled Data.

12. Data Export, Retention, and Deletion

During an active account term, Organizations may use export features we make available for their plan.

If an Organization has a paid Subscription at the time of expiration or termination, and the account was not terminated due to fraud, abuse, security threats, or illegal activity, Bravara will make commercially reasonable efforts to allow the Organization at least 30 days after the end of the Subscription term to export its Organization-Controlled Data in a commonly used machine-readable format, to the extent such export is technically available for the relevant data.

For Free Plan accounts, inactive accounts, or accounts suspended or terminated for cause, Bravara may offer a shorter export period or no post-termination export period.

After any applicable export period ends, Bravara may delete or anonymize Organization-Controlled Data from active systems, subject to backups, archival systems, legal holds, dispute preservation, fraud prevention, tax and accounting obligations, and other legitimate retention needs described in the Privacy Policy.

Deleting data from active systems may not immediately remove it from backups or disaster recovery systems.

You are responsible for maintaining backup copies of any data important to you or your Organization. The Services are not intended to be your only record of any information.

13. Communications Features

The Services may include tools for sending emails, text messages, push notifications, or similar communications to participants, parents, guardians, coaches, volunteers, and staff.

The Organization or other sender that initiates or authorizes a communication through the Services is solely responsible for:

• the content of the communication
• identifying the proper recipients
• obtaining all consents, authorizations, opt-ins, and permissions required by law
• honoring recipient preferences and restrictions to the extent required by law
• complying with all applicable communications laws and regulations, including laws governing text messages, calls, and email communications.

You authorize Bravara and its communications providers to transmit communications initiated or authorized through the Services and to process reasonable compliance-related actions in connection with those communications.

Bravara may process opt-out, unsubscribe, STOP, cancel, or similar requests; maintain suppression lists; send one-time confirmation messages where legally permitted; reject, filter, delay, or suspend communications; and take any action reasonably necessary to comply with law, carrier requirements, platform rules, or anti-abuse policies.

Standard message and data rates may apply to text messages.

Bravara does not guarantee the delivery, timing, or accuracy of any communication sent through the Services. Messages may be delayed, blocked, filtered, misdirected, or not received.

The Services are not designed for emergency communications or life-safety situations. You must not rely on the Services as your sole or primary method for communicating urgent, time-sensitive, or emergency information.

14. Children and Participant Data

The Services are intended for Organizations and adult users and are not directed to children under 13.

Children under 13 may not create accounts or provide personal information directly to Bravara through the Services. Information about minor participants may be submitted only by a parent, legal guardian, or authorized Organization user for legitimate league operations.

Organizations are solely responsible for providing all legally required notices, obtaining legally required permissions or consents, determining which authorized adults may access child participant information, and responding to requests to access, correct, or delete child participant information that the Organization controls.

Bravara does not use Organization-Controlled participant data or authenticated application data for cross-context behavioral advertising.

If Bravara learns that a child created an account directly in violation of these Terms, or that Bravara collected personal information directly from a child where authorization was required and not obtained, Bravara may disable the account and delete or restrict associated information as appropriate.

15. Safety, Screening, and League Activities

Bravara does not conduct criminal background checks, sex offender registry checks, or other screening on users of the Services, and Bravara does not verify the identity, qualifications, licensing, or suitability of coaches, volunteers, parents, participants, or other users.

Any screening, vetting, training, supervision, and safety practices are solely the responsibility of the relevant Organization.

Participation in sports and athletic activities inherently involves risks of injury, property damage, misconduct, conflict, and other harms. Bravara is not responsible for injuries, property damage, disputes, misconduct, abuse, or other incidents that occur at or in connection with practices, games, drafts, meetings, travel, or other Organization activities.

Bravara does not provide legal, medical, therapeutic, safety, insurance, or background-check advice.

16. Acceptable Use and Prohibited Conduct

You may use the Services only for lawful purposes and only in accordance with these Terms.

You may not, and may not permit any third party to:

• use the Services in violation of law or regulation
• use the Services to exploit, groom, harass, abuse, threaten, or harm minors
• upload, collect, display, disclose, or distribute more personal information about a participant or minor than is reasonably necessary for legitimate league operations
• upload or distribute photos, videos, voice recordings, or similar media without required permissions
• upload prohibited or unnecessary high-risk data, including Social Security numbers, driver's license numbers, passport numbers, full payment card numbers, card security codes, detailed medical records, biometric identifiers, or precise geolocation data, unless Bravara expressly supports such data in writing
• use the Services to send spam, unlawful marketing messages, robocalls, robotexts, or other unauthorized communications
• use roster data, contact information, or other data obtained from the Services for purposes unrelated to legitimate Organization activities
• access, scrape, crawl, index, benchmark, monitor, or copy the Services or data from the Services by automated means except through an interface or API expressly authorized by Bravara in writing
• interfere with security-related features, authentication systems, access controls, or rate limits
• upload malware, viruses, malicious code, or harmful content
• attempt unauthorized access to accounts, systems, data, or networks
• reverse engineer, decompile, disassemble, or attempt to derive source code from the Services, except to the limited extent applicable law prohibits that restriction
• use the Services to build a competing product or service or to copy ideas, features, functions, interfaces, or graphics of the Services
• impersonate another person or Organization or misrepresent your affiliation
• circumvent plan limits, usage restrictions, or billing restrictions
• resell, sublicense, lease, or commercially exploit the Services except as expressly authorized by Bravara in writing
• upload content that infringes intellectual property, violates privacy rights, is defamatory, obscene, or otherwise unlawful
• encourage or assist anyone else to do any of the foregoing.

We may investigate violations of this Section and may suspend or terminate access, remove content, or take any other action we reasonably consider appropriate.

17. User Content

You retain any rights you have in User Content.

You grant Bravara a non-exclusive, worldwide, royalty-free license to host, store, reproduce, transmit, display, perform, format, modify, and otherwise process your User Content solely as reasonably necessary to provide, secure, support, maintain, improve, and make available the Services and related functionality to authorized users and recipients. This license includes the right to use service providers, subprocessors, and affiliates acting on Bravara's behalf in connection with the Services.

You represent and warrant that:

• you have all rights, permissions, notices, consents, and releases necessary to submit the User Content and grant the license above
• the User Content and its use through the Services will not infringe or violate any law or third-party right
• the User Content is not false, misleading, unlawful, or harmful.

Bravara may remove, disable, or restrict access to User Content if Bravara reasonably believes it violates these Terms, applicable law, or the rights or safety of any person.

18. Feedback

If you provide Bravara with suggestions, ideas, comments, enhancement requests, or feedback relating to the Services, you grant Bravara a perpetual, irrevocable, worldwide, royalty-free right to use and exploit that feedback for any lawful purpose without compensation or obligation to you.

19. Bravara Intellectual Property and License

The Services, including their design, software, code, interfaces, text, graphics, branding, trademarks, logos, and other content made available by Bravara, are owned by or licensed to Bravara and are protected by intellectual property and other laws.

Subject to your compliance with these Terms, Bravara grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable right to access and use the Services for your internal organizational, league-management, parental, or other permitted use.

Except as expressly permitted in these Terms, you may not copy, modify, distribute, sell, lease, publicly display, publicly perform, republish, frame, mirror, download, create derivative works from, or otherwise exploit the Services or Bravara's intellectual property.

Bravara's name, logos, and marks may not be used without Bravara's prior written permission.

20. Third-Party Services, Links, and App Store Terms

The Services may contain links to third-party websites, services, content, or applications, or may allow you to connect third-party accounts or integrations.

If you enable a third-party integration or direct Bravara to share information with a third party, you authorize Bravara to exchange the relevant information with that third party as necessary to enable the integration or as otherwise directed by you or the Organization.

Bravara does not control and is not responsible for third-party websites, third-party services, third-party content, or the acts or omissions of third parties. Your use of third-party services is governed by their own terms and privacy policies.

If you access the Services through a mobile application obtained from Apple's App Store, Google Play, or another app distributor, you acknowledge that:

• these Terms are between you and Bravara, not the app distributor
• the app distributor is not responsible for maintenance or support of the application
• the app distributor is not responsible for addressing claims relating to the application except as required by applicable law
• the app distributor is a third-party beneficiary of these Terms solely as they relate to the application and may enforce them against you to that extent
• you must comply with the applicable app distributor's terms and policies.

21. Accessibility

Bravara seeks to improve the accessibility and usability of the Services over time. If you encounter an accessibility barrier, please contact us at support@bravara.com. We will use commercially reasonable efforts to review reported issues and consider appropriate improvements. Nothing in this Section creates any specific accessibility warranty, certification, technical standard commitment, or service level obligation.

22. Copyright Complaints

Bravara respects the intellectual property rights of others.

If you believe material available through the Services infringes your copyright, you may send a written notice to:

Bravara
support@bravara.com

1968 S. Coast Hwy #1194
Laguna Beach, CA 92651
United States

A notice should include, at minimum:

• your physical or electronic signature
• identification of the copyrighted work claimed to have been infringed
• identification of the allegedly infringing material and information reasonably sufficient for us to locate it
• your contact information
• a statement that you have a good-faith belief the use is not authorized by the copyright owner, its agent, or the law
• a statement, under penalty of perjury, that the information in the notice is accurate and that you are authorized to act on behalf of the copyright owner.

If you believe material you posted was removed or disabled by mistake or misidentification, you may send a counter-notification containing the information required by applicable law.

Bravara may remove or disable access to allegedly infringing material and may suspend or terminate repeat infringers in appropriate circumstances.

23. Service Availability, Changes, and Support

Bravara may add, remove, modify, suspend, or discontinue any feature, functionality, plan, or part of the Services at any time.

The Services may be unavailable from time to time due to maintenance, outages, bugs, security incidents, capacity issues, third-party failures, or other causes. Bravara does not guarantee uninterrupted, timely, secure, or error-free operation of the Services.

Unless Bravara expressly agrees otherwise in a separate written agreement signed by both parties, the Services are provided without any service level commitment, uptime guarantee, service credit obligation, or response-time commitment.

Bravara may change or discontinue the Free Plan or any free feature at any time.

Bravara may publish supplemental policies, guidelines, or product-specific rules that apply to particular features or uses of the Services, including an acceptable use policy, communications policy, or API policy. Those supplemental policies are incorporated into these Terms by reference to the extent they are posted in or linked from the Services.

24. Suspension and Termination

You may stop using the Services at any time. If you are an Organization with a paid Subscription, cancellation of billing is governed by Section 9.

Bravara may suspend or terminate your access to all or part of the Services immediately, with or without notice, if:

• you breach these Terms
• payment is overdue or fails
• Bravara reasonably believes your use poses a security risk, fraud risk, legal risk, or risk of harm to others
• Bravara is required to do so by law or by a third-party provider
• your use exceeds or circumvents plan limitations
• you engage in conduct that may harm the Services, Bravara, other users, or third parties.

Bravara may remove or restrict access to content, features, or accounts where reasonably necessary for security, safety, legal compliance, or enforcement.

Upon expiration or termination:

• your right to access and use the affected Services ends
• any outstanding payment obligations survive
• any applicable data export rights are governed by Section 12
• Sections that by their nature should survive will survive, including sections relating to payments owed, privacy and data roles, intellectual property, disclaimers, limitations of liability, indemnification, dispute resolution, and miscellaneous provisions.

If your access is terminated for cause, you may not create a replacement account or access the Services through another account without Bravara's written permission.

25. Disclaimers

THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE." TO THE MAXIMUM EXTENT PERMITTED BY LAW, BRAVARA DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING, USAGE, OR TRADE PRACTICE.

Bravara does not warrant that the Services will be uninterrupted, secure, error-free, accurate, complete, current, or free of harmful components.

Bravara does not guarantee the accuracy or completeness of Organization-Controlled Data, roster information, participant information, evaluations, rankings, skill ratings, draft-related information, schedules, scores, communications, historical records, or other data entered into the Services by users or Organizations.

Bravara is not responsible for injuries, property damage, disputes, misconduct, employment decisions, volunteer decisions, child safety decisions, coaching decisions, evaluation decisions, draft decisions, scheduling disputes, or other harms arising out of or related to an Organization's programs, activities, or use of the Services.

Bravara does not provide legal, tax, medical, therapeutic, safety, insurance, or background-check advice. Any information or functionality in the Services is for administrative and informational purposes only.

Bravara does not endorse and is not responsible for third-party websites, third-party services, app distributors, or third-party content.

26. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, BRAVARA AND ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AGENTS, LICENSORS, AND SERVICE PROVIDERS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, GOODWILL, DATA, OR BUSINESS INTERRUPTION, ARISING OUT OF OR RELATED TO THE SERVICES OR THESE TERMS, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE TOTAL AGGREGATE LIABILITY OF BRAVARA AND ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AGENTS, LICENSORS, AND SERVICE PROVIDERS ARISING OUT OF OR RELATED TO THE SERVICES OR THESE TERMS WILL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID TO BRAVARA FOR THE SERVICES IN THE 12 MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (B) $100.

The limitations in this Section apply regardless of the form of action and even if any limited remedy fails of its essential purpose.

Nothing in these Terms limits liability to the extent such liability cannot be excluded or limited under applicable law.

27. Indemnification

Except to the extent a claim is caused by Bravara's gross negligence, willful misconduct, or fraud, you agree to defend, indemnify, and hold harmless Bravara and its affiliates, officers, directors, employees, contractors, agents, licensors, and service providers from and against any third-party claims, demands, actions, proceedings, losses, liabilities, damages, judgments, settlements, costs, and expenses, including reasonable attorneys' fees, arising out of or related to:

• your use of the Services
• your breach of these Terms
• your User Content or Organization-Controlled Data
• your violation of applicable law or third-party rights
• your communications sent through the Services
• your infringement or misappropriation of any intellectual property, privacy, publicity, or other right
• your fraud, misconduct, negligence, or willful acts.

If you are an Organization or acting on behalf of an Organization, the indemnity above also applies to claims arising out of or related to:

• the Organization's practices, games, drafts, meetings, events, travel, and programs
• injuries, property damage, disputes, misconduct, abuse, or safety incidents connected to the Organization's activities
• failure to obtain required notices, permissions, waivers, releases, media consents, or communications consents
• screening, hiring, supervision, training, or retention of coaches, volunteers, staff, or other personnel
• child privacy, youth sports compliance, or participant data practices of the Organization
• the Organization's violation of communications, privacy, safety, employment, or consumer protection laws.

Bravara may assume the exclusive defense and control of any matter subject to indemnification, and you agree to cooperate with Bravara in that defense at your expense.

28. Governing Law and Dispute Resolution

28.1 Governing law

These Terms and any dispute arising out of or related to these Terms or the Services are governed by the laws of the State of California, without regard to its conflict-of-laws rules.

The United Nations Convention on Contracts for the International Sale of Goods does not apply to these Terms.

28.2 Informal resolution

Before either party starts formal legal proceedings, that party will send the other a written notice describing the dispute and the requested relief. Notices to Bravara must be sent to support@bravara.com with the subject line Legal Dispute Notice. The parties will attempt in good faith to resolve the dispute informally for 30 days after the notice is received. This informal-resolution requirement does not prevent either party from seeking emergency injunctive relief where appropriate.

28.3 Organization disputes

If you accepted these Terms on behalf of an Organization, or if your dispute arises primarily from commercial or organizational use of the Services rather than personal, family, or household use, any dispute that is not resolved informally under Section 28.2 must be brought exclusively in the state or federal courts located in Orange County, California, and each party consents to the personal jurisdiction and venue of those courts.

28.4 Arbitration agreement for Individual Users

If you are an Individual User and Section 28.3 does not apply, you and Bravara agree that any dispute, claim, or controversy arising out of or relating to these Terms or the Services will be resolved by binding individual arbitration, except for the claims expressly excluded in Section 28.5.

This arbitration agreement is governed by the Federal Arbitration Act.

The arbitration will be administered by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules then in effect and, if applicable, the AAA Mass Arbitration Supplementary Rules.

The arbitrator will have exclusive authority to resolve disputes about the interpretation, applicability, enforceability, or formation of this arbitration agreement, except that a court of competent jurisdiction will decide questions relating to the enforceability of the class action waiver in Section 28.6 to the extent applicable law requires.

The arbitration may be conducted remotely, by documents, by telephone, by video conference, or in person if required by the AAA rules or the arbitrator.

The arbitrator may award the same individualized relief that a court could award, subject to these Terms and applicable law.

28.5 Exceptions

The following disputes are not required to be arbitrated:

• qualifying individual actions brought in small claims court
• claims seeking injunctive or equitable relief for actual or threatened infringement, misappropriation, or violation of intellectual property rights, confidentiality, data security, or unauthorized access
• claims that applicable law does not permit to be subject to pre-dispute arbitration.

28.6 Class action and representative action waiver

To the maximum extent permitted by law, all disputes must be brought on an individual basis only and not on a class, collective, coordinated, consolidated, mass, representative, or private attorney general basis.

The arbitrator may not consolidate more than one person's claims and may not preside over any class, collective, coordinated, consolidated, mass, representative, or private attorney general proceeding, except to the extent the AAA's mass arbitration procedures apply to the administrative management of multiple individual arbitration filings.

If 25 or more similar individual claims are asserted against Bravara by the same or coordinated counsel, the AAA Mass Arbitration Supplementary Rules will apply to the extent applicable, but each claimant's case remains an individual case and no class or representative relief may be awarded.

If the class action waiver in this Section is found unenforceable with respect to a particular claim or request for relief, then that claim or request for relief will proceed in court, and the remainder of the arbitration agreement will remain enforceable to the fullest extent permitted by law.

28.7 Right to opt out of arbitration

You may opt out of the arbitration agreement in this Section 28 by sending Bravara written notice within 30 days after you first accept these Terms. Your notice must be sent to support@bravara.com with the subject line Arbitration Opt-Out and must include your full name, account email address, mailing address, and a clear statement that you want to opt out of arbitration.

If you validly opt out, Sections 28.4 through 28.6 will not apply to you, and any dispute between you and Bravara that is not otherwise required to be brought in small claims court will be brought exclusively in the state or federal courts located in Orange County, California.

29. Miscellaneous

These Terms, together with the Privacy Policy, any applicable order form, any executed data processing addendum, and any supplemental policies incorporated by reference, form the entire agreement between you and Bravara regarding the Services and supersede all prior or contemporaneous understandings on that subject.

Bravara may assign or transfer these Terms, in whole or in part, including in connection with a merger, acquisition, corporate reorganization, or sale of assets. You may not assign or transfer these Terms without Bravara's prior written consent.

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

A party's failure to enforce any provision of these Terms is not a waiver of future enforcement of that or any other provision.

Bravara is not liable for delay or failure to perform caused by events beyond its reasonable control, including acts of God, natural disasters, internet outages, labor disputes, government actions, war, terrorism, civil unrest, epidemics, pandemics, or failures of third-party providers.

Nothing in these Terms creates any partnership, joint venture, fiduciary, employment, or agency relationship between you and Bravara.

You consent to receive notices, disclosures, and other communications from Bravara electronically, and you agree that electronic records and signatures satisfy any legal requirement for a writing or signature.

Section headings are for convenience only and do not affect interpretation.

30. Contact Us

If you have questions about these Terms, the Services, or would like to report an accessibility issue, contact:

Bravara, Inc.
1968 S. Coast Hwy #1194
Laguna Beach, CA 92651
United States
support@bravara.com

California residents may also contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (800) 952-5210 or (916) 445-1254.