Terms of Service

Agreeing to these terms

CheerFlow (gocheerflow.com, the CheerFlow app for iPhone and Android, and the installable web app) is run by Foster Brands LLC, a North Carolina company (“Foster Brands”, “we”, “us”). These terms apply whenever you use CheerFlow: creating an account, registering teams, signing a waiver, buying tickets, judging or working an event, or just viewing event pages. By using CheerFlow you agree to these terms and to our Privacy Policy. If you use CheerFlow for a company, gym or school, you agree for it and confirm you're allowed to.

Event producers may also have a separate written agreement with us. If that agreement and these terms disagree, the separate agreement wins for that event producer.

Who can use CheerFlow, and your account

• Accounts are for adults (18 or older). Children don't create accounts or sign in.
• Give accurate information and keep it up to date.
• Keep your password private and don't share your account. You're responsible for what happens under it. Tell us right away at cheerflow@fosterbrands.com if you think someone else has used it.
• Access inside CheerFlow follows the role you're given. Don't try to reach information or features outside your role, and owners and administrators should remove people who no longer need access.

Who does what

• Event producers are companies that run cheer and dance competitions on CheerFlow. They set up their events, divisions, prices, schedules and policies, and pay CheerFlow for using it.
• Programs are gyms, schools and recreation programs. Their owners, directors, coaches and staff register teams for events, manage rosters, music and staff, and pay the event producer.
• Parents, guardians and athletes sign event producers' waivers, follow schedules and results, and can turn on notifications. Parents don't need an account.
• Spectators buy tickets to events.
• Judges and event staff are invited by an event producer to score, run, or sell tickets at its events.

CheerFlow provides the software. Each event is run by its event producer, not by Foster Brands, and we aren't a party to the arrangements between event producers, programs, parents and spectators.

Event producers' responsibilities

If you run events on CheerFlow, you're responsible for:

• Your events: their safety, venues, rules, divisions, judging, scheduling, awards and how they're run.
• Your prices, fees, taxes, refund and cancellation policies, and making them clear to the programs and spectators who pay you.
• The content of your waivers and other policies, and whether they're enough for your events.
• Following the laws that apply to you, including consumer, tax, privacy, marketing email and youth-sports safety rules (for example, any background-check requirements you set for coaches).
• The people you invite as staff and judges, and the access you give them.
• Paying CheerFlow's fees under the plan shown in CheerFlow or in your agreement with us.

Programs' responsibilities

If you register teams on CheerFlow, you're responsible for:

• Accurate rosters, ages, divisions and staff lists for the events you register for.
• Having permission from each athlete's parent or guardian (or the adult athlete) to enter their information in CheerFlow and share it with the event producers you register with.
• Having the rights and licenses needed for the music you upload or list for your routines, and for your logos and other files.
• Paying the event producer the amounts on your invoices, under that event producer's policies.

Payments, fees and refunds

• The event producer is the seller. Registration and ticket payments go to the event producer through its own payment account (Stripe or Authorize.net). The event producer is the merchant of record and sets the prices, refunds and policies for its events. Questions about a charge or a refund go to the event producer first.
• CheerFlow's fees. Event producers pay CheerFlow platform fees under the plan and fees shown in CheerFlow or in their agreement with us. Spectators pay CheerFlow a ticket fee on card ticket purchases, shown at checkout before you pay.
• Refunds. Refunds are decided by the event producer under its policies. When a ticket order is refunded, the ticket price is returned but the CheerFlow ticket fee is not refunded.
• Disputes and chargebacks are between the buyer and the event producer, handled through the event producer's payment account. Event producers are responsible for chargebacks and processor fees on their payments.
• Card details are entered on the payment processor's pages; CheerFlow never receives or stores full card numbers.

Waivers and medical information

A waiver signed in CheerFlow is an agreement between the parent, guardian or adult athlete who signs it and the event producer. Foster Brands isn't a party to it, doesn't write it, and doesn't give legal advice about it; we store the signed waiver and the record of the signature for the event producer.

Parents and guardians sign for athletes under 18 and confirm they're allowed to. Emergency contacts and medical information given with a waiver are available to the event producer and to the program's owners and directors (not its coaches or admin staff) for safety on event days; see the Privacy Policy. CheerFlow is not a medical service; in an emergency, call emergency services.

Content you upload

You keep ownership of what you put in CheerFlow: rosters, music, logos, photos and files, messages and other content (“your content”). You give Foster Brands permission to store, copy, process, display and share your content only as needed to run CheerFlow for you and the events you take part in — for example, showing a team's name and logo on a published schedule, playing its music at the event, or showing released scores and results on public event pages.

Event producers may record routines at their events (for replays, judging and score reviews) and share clips with the team's coaches. Scores, results, schedules and placements are entered by event producers and their judges; CheerFlow shows them but doesn't make judging decisions or settle disputes about them.

You confirm you have the rights to the content you upload, and that it doesn't break the law or anyone else's rights.

Acceptable use

Don't:

• Use CheerFlow for anything illegal, harmful, harassing or misleading.
• Upload content you don't have the rights to, or that is abusive, explicit or invades someone's privacy.
• Access other people's accounts or data, or try to get around roles, security or limits.
• Disrupt CheerFlow, overload it, scrape it, or probe it for weaknesses without our written permission.
• Send spam. Marketing emails sent through CheerFlow must follow the law and include the unsubscribe link CheerFlow adds.
• Copy, resell or reverse-engineer CheerFlow, or use it to build a competing product.

Other services we work with

Parts of CheerFlow rely on other companies, and their own terms also apply when you use them: payments (Stripe, Authorize.net), background checks where an event producer offers them (Checkr), email and text messages, and the Apple App Store and Google Play for the mobile apps. If you use the iPhone or Android app, the app store's terms also apply, and Apple and Google aren't responsible for CheerFlow. We aren't responsible for other companies' services, websites or decisions (for example, a background-check result).

Emails and notifications

CheerFlow sends the messages it's built around: invites, invoices and receipts, waivers, schedules, score reviews, on-deck alerts and announcements, by email, text or push notification. You can turn notifications off in the app or your phone's settings. Event producers may also send marketing emails to programs through CheerFlow; every one includes an unsubscribe link.

Privacy

How we collect, use and share information — including athletes' information — is explained in our Privacy Policy.

Availability and changes to CheerFlow

We work to keep CheerFlow running, especially on event days, but it may sometimes be unavailable, slow or have errors, including because of internet, venue or third-party problems. Have a backup plan for event-day essentials. We may add, change or remove features over time, and we'll give event producers notice of changes that significantly affect them where we reasonably can.

Disclaimers

CheerFlow is provided “as is” and “as available”. To the extent the law allows, Foster Brands makes no warranties, express or implied, including warranties of merchantability, fitness for a particular purpose and non-infringement, and doesn't promise that CheerFlow will be uninterrupted or error-free. Foster Brands doesn't run events and isn't responsible for the conduct of event producers, programs, judges, staff, athletes or spectators, or for anything that happens at an event.

Limitation of liability

To the extent the law allows, Foster Brands won't be liable for indirect, incidental, special, consequential or punitive damages, or for lost profits, revenue or data, arising from CheerFlow or these terms. Our total liability for any claim about CheerFlow is limited to the greater of the amount you paid Foster Brands in the 12 months before the claim or US $100. Some places don't allow these limits, so they may not all apply to you.

Indemnity

If you're an event producer or a program, you'll defend and compensate Foster Brands for claims, losses and costs (including reasonable legal fees) that come from your events, your content, your use of CheerFlow, or your breaking these terms or the law.

Ending your use

You can stop using CheerFlow at any time and delete your account under Account → Delete account. We may suspend or end access for anyone who breaks these terms, puts others at risk, or doesn't pay fees that are due, and we'll tell you when we reasonably can. Records an event producer must keep (such as invoices, payments, signed waivers and official results) may be kept as the Privacy Policy describes. Sections that by their nature should continue (such as fees owed, content licenses needed for kept records, disclaimers, limits of liability and indemnity) continue after access ends.

Changes to these terms

If we change these terms, we'll update the date at the top, and for significant changes we'll let account holders know by email or in CheerFlow before they take effect. Using CheerFlow after changes take effect means you accept them.

Governing law and disputes

These terms are governed by the laws of the State of North Carolina, USA, without regard to its conflict-of-laws rules. Before starting any formal claim, please contact us at cheerflow@fosterbrands.com so we can try to resolve it informally. Any dispute that isn't resolved will be handled in the state or federal courts located in North Carolina.

Contact

Foster Brands LLC · cheerflow@fosterbrands.com · gocheerflow.com