Terms of Service

1. Acceptance of Terms

By creating an account and using Bat Digest Members ("the Service"), you agree to comply with and be bound by these Terms of Service and our Privacy Policy. If you do not agree to these terms, please do not use our service.

2. Description of Service

Bat Digest Members provides premium access to:

• Independent bat testing data and performance analysis
• Exit speed data from comprehensive bat testing
• Detailed bat reviews and comparisons
• Members-only content and resources
• Access to historical testing data from 2014-present

3. Account Registration and Security

• You must provide accurate, complete, and current information during registration
• You are responsible for maintaining the confidentiality of your account credentials
• You must notify us immediately of any unauthorized use of your account
• One account per person; sharing accounts is prohibited
• You must be at least 13 years old to create an account

4. Membership and Payment

Subscription Terms

• Memberships are billed according to the plan you select
• Payment is due in advance for each billing period
• We reserve the right to change subscription fees with 30 days notice

Refund Policy

• Refunds may be issued within 7 days of initial purchase for first-time subscribers
• No refunds for partial usage periods or cancelled subscriptions
• Refund requests must be submitted via email to support@batdigest.com

Cancellation

• You may cancel your subscription at any time through your account settings
• Cancellation takes effect at the end of the current billing period
• Access continues until the end of the paid period

5. Acceptable Use

You agree not to:

• Share your account credentials or allow others to access your account
• Copy, distribute, or resell our content without written permission
• Use automated tools to access or scrape our content
• Attempt to circumvent security measures or access restrictions
• Use the service for any illegal or unauthorized purpose
• Interfere with or disrupt the service or servers

6. Intellectual Property

• All content, data, and materials are owned by Bat Digest or licensed to us
• Your membership grants you a limited, non-exclusive license to view and use our content for personal purposes only
• You may not reproduce, distribute, modify, or create derivative works from our content
• The Bat Digest name, logo, and branding are trademarks and may not be used without permission

7. Data and Content Disclaimer

• Our bat testing data is provided for informational purposes only
• Results may vary based on individual swing mechanics, conditions, and other factors
• We make no guarantees about bat performance based on our data
• You acknowledge that bat selection involves personal preference and individual needs
• We are not responsible for purchasing decisions made based on our content

8. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW:

• Bat Digest shall not be liable for any indirect, incidental, special, or consequential damages
• Our total liability shall not exceed the amount you paid for your membership in the 12 months preceding the claim
• We provide the service "as is" without warranties of any kind
• We do not warrant that the service will be uninterrupted or error-free

9. Indemnification

You agree to indemnify and hold harmless Bat Digest, its officers, directors, employees, and agents from any claims, damages, or expenses arising from your use of the service or violation of these terms.

10. Dispute Resolution and Arbitration

Agreement to Arbitrate

You and Bat Digest agree that any dispute, claim, or controversy arising out of or relating to these Terms or the Service shall be settled by binding arbitration, rather than in court, except that:

• You may assert claims in small claims court if they qualify
• We may seek equitable relief in court for intellectual property infringement

Arbitration Rules

• Arbitration shall be conducted by the American Arbitration Association (AAA)
• The arbitration shall be held in the county where you reside or via video conference
• The arbitrator's decision shall be final and binding
• Each party shall bear their own attorney's fees unless awarded by the arbitrator

Class Action Waiver

You agree that any arbitration shall be conducted on an individual basis only and not as a class action, consolidated action, or representative action. You waive any right to participate in a class action lawsuit or class-wide arbitration.

Opt-Out

You may opt out of this arbitration agreement within 30 days of first accepting these Terms by sending written notice to: legal@batdigest.com

11. Termination

We may terminate or suspend your account immediately, without prior notice, for:

• Violation of these Terms of Service
• Non-payment of subscription fees
• Fraudulent or abusive behavior
• At our sole discretion for operational reasons

Upon termination, your right to access the service ceases immediately.

12. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of Utah, without regard to its conflict of law provisions.

13. Changes to Terms

We reserve the right to modify these Terms at any time. We will notify users of material changes via email or through a notice on our website. Continued use of the service after changes constitutes acceptance of the new terms.

14. Severability

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