Terms of Service
Effective date: May 22, 2026
Welcome to Scoutcast! Please read on to learn the rules for using our application, website, and services (collectively, “Scoutcast” or the “App”).
These Terms of Service (the “Terms”) are a contract between you and Scoutcast.ai, Inc. (“Scoutcast,” “we,” and “us”) and required to use the App. These Terms include the provisions on this page and in our Privacy Policy.
The “Dispute Resolution” section of these Terms explains how any disputes between you and Scoutcast will be handled. It includes an arbitration agreement that requires most disputes to go through binding arbitration instead of court. You can opt out of this arbitration agreement by following the instructions in that section. If you don’t opt out, you’ll need to bring any claims against us individually (not as part of a class action), and you’ll be giving up your right to go to court or have a jury trial.
What Is Scoutcast?
Scoutcast is a personalized sports audio briefing app designed to help you stay informed about the teams, players, and sports topics you care about most. By selecting your favorite teams and players, Scoutcast uses AI to generate spoken audio briefings (“Casts”) that deliver news, analysis, game recaps, and insider perspectives you can listen to throughout your day. Although we believe our App will be fun and informative, it is not a social or companion service, it does not provide gambling, wagering, or financial advice, and it does not provide emotional, therapeutic, or medical support.
Third-Party Sports Content and News
Scoutcast uses licensed data providers, official sports APIs, and publicly available news and media sources to create personalized audio briefings based on your team and player selections. Our automated AI systems generate summaries, analysis, and commentary from these sources. All news and third-party content remain the property of their original rights holders. You may not redistribute content from Scoutcast in any way that replaces or substitutes for the original source.
X (Twitter) Handle Integration
You may add X (Twitter) handles within the App to receive insider perspectives and analysis from publicly available posts by those accounts. Content from these accounts is used solely to enhance your personalized audio briefings. Scoutcast does not access your personal X account, direct messages, or private data. These third-party accounts remain subject to X’s terms and policies, and we are not responsible for the accuracy or availability of content from those sources.
Using the App
Account Registration
The App is offered only to individuals who are at least 18 years old and can form legally binding contracts. By creating an account, you represent that you meet this requirement. You’ll need to give us accurate, complete, and up-to-date registration information about yourself at all times.
You can only use the App for your own personal purposes—not for any third party’s benefit and not impersonating anyone. You can’t transfer or share your account or password with anyone else, and you need to keep them secure. You’re responsible for all activity on your account and with your account.
If you choose to sign up or log in using a third-party service (like Google or Apple), we may receive information from that service such as your name, email address, and profile picture to create or authenticate your account. By using these login options, you authorize us to access and use this information in accordance with our Privacy Policy.
Our Policies and Standards
Scoutcast helps you listen to personalized sports audio briefings based on your selected teams, players, and interests. To protect our community and service integrity, you may not use Scoutcast to connect, input, or share content that is illegal, harassing, threatening, exploitative, or harmful. You may not generate or transmit content that infringes intellectual property rights, discloses sensitive personal information without authorization, or violates any applicable laws. You may not create, distribute, or republish summaries or outputs that substitute for original sources or violate third-party service terms.
While we are not obligated to monitor user activity or content, we may do so to maintain security and protect our users. We reserve the right to restrict or remove content, suspend accounts, or report illegal activity to appropriate authorities if we identify violations of these standards.
Voice and Audio Features
When you use voice features (such as speech recognition to ask questions during a Cast), Scoutcast may capture and process your audio. You must obtain all legally required consents before recording others. You are responsible for complying with all applicable call-recording and eavesdropping laws. For more information, please read our Privacy Policy.
Our Rules and Requirements
We want you to have a great experience using the App, but there are some rules to follow. When you use the App, you promise not to:
- Infringe or violate anyone’s intellectual property or other rights;
- Use Scoutcast to create or simulate companionship, romance, or therapeutic relationships;
- Violate any laws or regulations, including U.S. Export Administration Regulations (EAR) or International Traffic in Arms Regulations (ITAR);
- Use the App in ways that are harmful, fraudulent, deceptive, threatening, harassing, defamatory, obscene, or otherwise objectionable;
- Include information you know (or should know) is wrong, incomplete, or debatable without proper disclaimers;
- Put your account or anyone else’s at risk (like letting someone else log in as you);
- Try to get passwords, account info, or other security information from other users;
- Compromise computer network security or crack passwords or encryption codes;
- Run mailing lists, Listserv, auto-responders, spam, or any processes that run when you’re not logged in or that interfere with how the App works (including overloading our infrastructure);
- “Crawl,” “scrape,” or “spider” any pages, data, or portions of the App or Content (whether manually or automatically);
- Use Scoutcast outputs for gambling, wagering, or betting purposes;
- Decompile, reverse engineer, or try to get the source code or underlying ideas behind the App.
If you violate any of these rules, we may terminate your right to use or access the App immediately.
Your Subscription
These Terms become effective when you first use the App or register and activate your account with us, whichever happens first.
Plans and Tiers
Scoutcast offers a free tier and paid options. The features and current pricing for each are shown in the App at the point of purchase.
- Scoutcast (Free): available at no cost and limited to one (1) active Cast at a time. To start a different Cast on the free tier, you can pause or delete your current active Cast. If your account has more than one active Cast (for example, certain legacy accounts), we may automatically pause all but your earliest-created active Cast to keep your account within the free-tier limit.
- Scoutcast Unlimited (Monthly and Annual): a paid, auto-renewing subscription that removes the active-Cast limit, offered on a monthly or annual term.
- NFL Fantasy (Season): a separate, paid, auto-renewing seasonal subscription for fantasy-football content. It is sold separately and is required to access fantasy features whether or not you also subscribe to Scoutcast Unlimited.
Billing, Auto-Renewal, and Cancellation
Paid subscriptions are billed through Apple’s App Store via StoreKit. Each paid subscription — Scoutcast Unlimited (Monthly and Annual) and NFL Fantasy (Season) — automatically renews at the then-current price for an additional period of the same length (monthly, annual, or per season, respectively) unless you cancel at least 24 hours before the end of the current period. Your payment method will be charged for renewal within 24 hours before the current period ends. You can view, manage, or cancel any subscription, and turn off auto-renewal, in your Apple ID account settings. Cancellation takes effect at the end of the current billing period, and you will keep access until then. If the price of a subscription increases, Apple will notify you and, where required, will request your consent before the new price takes effect; if you do not provide consent where it is required, the subscription will not automatically renew at the increased price.
NFL Fantasy Content
The NFL Fantasy subscription provides AI-generated informational fantasy-football content and audio briefings — such as matchup analysis, start/sit perspectives, and projections. It is an entertainment and information service only. It does not operate, host, or enter you into any daily fantasy sports (DFS) contest or other fantasy contest, does not collect entry fees, and does not award prizes, cash, or anything of value. As described in the “Gambling, Wagering, and Betting Disclaimer” section below, you may not use this or any other App content for gambling, wagering, or DFS contest purposes.
Account Deletion and Termination
You can delete your account at any time by logging into the App and following the instructions in the settings. If you delete your account, your subscription will continue until the end of the subscription period you have already paid for, and you may also need to cancel any recurring subscriptions directly through Apple.
Scoutcast can terminate or suspend your account at any time for any reason, including if you breach these Terms. After termination, certain provisions of these Terms will continue to apply. This includes any payment obligations or indemnification requirements you have, limitations on our liability, terms about ownership or intellectual property rights, and dispute resolution terms.
Fees and Payment
Scoutcast offers a free tier with limited features and paid subscriptions for additional access, as described under “Your Subscription” above. All purchases and subscription payments are processed through Apple’s App Store. The current price, billing period, and included features for each plan are displayed in the App at the point of purchase, and those in-App details govern. Prices may vary by region and may change over time. Apple’s standard terms and refund policies apply to all purchases. We reserve the right to change pricing, plans, or subscription terms on a going-forward basis, with advance notice through the App, email, or our website where required by applicable law.
Gambling, Wagering, and Betting Disclaimer
No Gambling Advice or Endorsement
Scoutcast is an entertainment and informational platform only. Nothing in the App—including AI-generated audio briefings, sports analysis, player statistics, game predictions, fantasy projections, injury reports, or any other content—constitutes gambling advice, betting guidance, wagering recommendations, or financial advice of any kind. Scoutcast does not endorse, promote, facilitate, or encourage gambling, sports betting, daily fantasy sports contests, or any other form of wagering activity. For clarity, the paid NFL Fantasy subscription provides only informational fantasy-football content and audio briefings as described in the “Your Subscription” section above; it does not operate, host, or enter you into any fantasy or daily fantasy sports (DFS) contest, collect entry fees, or award prizes, cash, or anything of value.
The App is not a gambling platform, sportsbook, betting exchange, or tipster service, and no content should be interpreted as such.
Prohibited Use for Gambling Purposes
You expressly agree that you will not use the App or any of its outputs for any of the following purposes:
- Placing, facilitating, or informing any bet, wager, or gambling transaction
- Making decisions related to sports betting, point spreads, over/under lines, parlays, prop bets, futures, or any other wagering markets
- Entering or managing daily fantasy sports contests for prizes or monetary value
- Operating, promoting, or assisting any gambling, bookmaking, or wagering business
- Developing, training, or informing any automated betting system, algorithm, or tool
- Redistributing or reselling App content to persons or entities engaged in gambling or wagering
- Using App content as the basis for any paid tipster, handicapping, or advisory service
Any use of the App or its outputs in connection with gambling or wagering constitutes a material breach of these Terms and may result in immediate account termination without refund.
No Guarantee of Accuracy for Any Purpose
All content generated by the App is produced by artificial intelligence systems and is inherently speculative, probabilistic, and subject to error. Sports statistics, player performance data, game analysis, predictions, projections, and all other informational outputs are provided “as is” without any warranty of accuracy, completeness, timeliness, or reliability. AI-generated content may contain factual errors, outdated information, analytical mistakes, and biases inherent in underlying data sources and models. You acknowledge that sports outcomes are inherently unpredictable and that no analysis—whether human or AI-generated—can reliably predict future events.
Complete Assumption of Risk
You acknowledge and agree that:
- You bear sole and complete responsibility for any and all decisions you make based on, or influenced by, content from the App, whether or not such decisions involve gambling or wagering
- You will not rely on any App content as a substitute for your own independent judgment, professional advice, or due diligence
- You understand that AI-generated sports content is for entertainment purposes only and carries no predictive guarantee
- You voluntarily assume all risk associated with any actions taken based on App content
- If you choose to gamble or wager despite these warnings, you do so entirely at your own risk and without any reliance on Scoutcast
Complete Exclusion of Liability for Gambling Losses
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SCOUTCAST, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AFFILIATES, LICENSORS, AND SUPPLIERS SHALL HAVE ABSOLUTELY NO LIABILITY WHATSOEVER FOR ANY LOSSES, DAMAGES, COSTS, OR EXPENSES OF ANY KIND ARISING FROM OR RELATED TO:
- ANY GAMBLING, BETTING, WAGERING, OR FANTASY SPORTS ACTIVITY, WHETHER OR NOT SUCH ACTIVITY WAS INFORMED BY, BASED ON, OR RELATED TO APP CONTENT;
- ANY FINANCIAL LOSSES RESULTING FROM BETS, WAGERS, OR GAMBLING TRANSACTIONS OF ANY KIND;
- ANY DECISIONS MADE IN RELIANCE ON APP CONTENT, INCLUDING BUT NOT LIMITED TO SPORTS ANALYSIS, PREDICTIONS, STATISTICS, OR PROJECTIONS;
- ANY ADDICTION, COMPULSIVE BEHAVIOR, OR PROBLEM GAMBLING;
- ANY LEGAL CONSEQUENCES ARISING FROM GAMBLING IN JURISDICTIONS WHERE IT IS PROHIBITED OR RESTRICTED;
- ANY THIRD-PARTY CLAIMS RELATED TO YOUR USE OF APP CONTENT IN CONNECTION WITH GAMBLING.
THIS EXCLUSION APPLIES REGARDLESS OF THE LEGAL THEORY (CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE), EVEN IF SCOUTCAST HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE. THIS EXCLUSION IS IN ADDITION TO, AND NOT IN LIMITATION OF, THE GENERAL LIMITATION OF LIABILITY SET FORTH ELSEWHERE IN THESE TERMS.
Gambling Indemnification
You agree to indemnify, defend, and hold harmless Scoutcast and its officers, directors, employees, agents, affiliates, successors, and assigns from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys’ fees and court costs) arising out of or related to (a) your use of App content in connection with any gambling, betting, or wagering activity; (b) any third-party claims alleging that App content was used to inform, facilitate, or promote gambling; (c) your violation of any gambling laws, regulations, or licensing requirements in any jurisdiction; or (d) any claims by third parties who relied on your redistribution or representation of App content for gambling purposes. This indemnification obligation survives termination of your account and these Terms.
Compliance with Gambling Laws
You are solely responsible for understanding and complying with all applicable gambling, betting, and wagering laws and regulations in your jurisdiction. Many jurisdictions prohibit, restrict, or regulate sports betting, online gambling, daily fantasy sports, and related activities. Scoutcast makes no representation that any use of the App complies with gambling laws in any jurisdiction.
If you reside in or access the App from a jurisdiction where gambling is prohibited or restricted, you agree that you will not use App content for any activity that would violate applicable laws. Scoutcast is not responsible for determining the legality of gambling in your jurisdiction and expressly disclaims any obligation to do so.
Problem Gambling Resources
If you or someone you know has a gambling problem, help is available. The following resources provide free, confidential support:
- National Problem Gambling Helpline: 1-800-522-4700 (call or text, 24/7)
- National Council on Problem Gambling: ncpgambling.org
- Gamblers Anonymous: gamblersanonymous.org
- SAMHSA National Helpline: 1-800-662-4357
Severability of Gambling Provisions
If any provision of this “Gambling, Wagering, and Betting Disclaimer” section is found to be unenforceable in any jurisdiction, the remaining provisions shall continue in full force and effect, and the unenforceable provision shall be modified to the minimum extent necessary to make it enforceable while preserving its intent. The parties agree that each provision of this section is severable and independently enforceable.
Intellectual Property Rights
Your Content
As between you and Scoutcast, you own all content you upload or provide through the App, including team selections, player preferences, feedback, and any other inputs (“Content”). You are responsible for your Content, and by providing it, you confirm that you have the right to do so.
To operate the App and its features, we need your permission to work with your Content. You grant us a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to host, use, distribute, modify, run, copy, publicly perform or display, translate, and create derivative works of your Content. We will only use this license to provide the App and improve our products and services. This license ends when we delete your Content from our systems.
When you delete your account, we will delete Content from your personal account, subject to our standard archival and disaster recovery systems. However, we may not immediately delete Content if we need to keep it to investigate illegal activity, protect our systems and users, comply with legal preservation requirements, or respond to legal requests from courts, law enforcement, or government agencies.
You also grant us a perpetual, irrevocable, non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use Content that has been anonymized, aggregated, or otherwise made non-identifiable. We may use this anonymized Content for any purpose, including analytics, research, product development, and business operations.
As always, your personal data is subject to the terms of our Privacy Policy.
AI-Generated Output
Scoutcast owns all outputs generated by the App, including all AI-generated audio briefings, summaries, analysis, and commentary. We grant you a limited, personal, revocable, non-exclusive license to use these outputs for your personal purposes only.
You may not use any output for news aggregation, commercial redistribution, automated content generation, mass distribution, or creating competing services. You also may not use outputs for gambling or wagering purposes, harassment, impersonation, or any defamatory, discriminatory, or unlawful purposes.
The App may generate similar or identical outputs for different users based on comparable inputs and preferences.
Our App and Marks
We own and retain all rights, title, and interest in and to the App (including all intellectual property rights). When you use the App, except where we’ve specifically granted you permission, you may not modify, publish, transmit, participate in the transfer or sale of, create derivative works from, or otherwise exploit the App.
We welcome your feedback, suggestions, and any content you share with us publicly. By providing these to us, you grant us the right to freely use, modify, and incorporate them into our products and services without restriction.
Scoutcast and all related marks, logos, and user interface elements are trademarks owned exclusively by us. You may not use, reproduce, or copy our trademarks without explicit written consent from Scoutcast.
Copyright Complaints
Scoutcast respects the intellectual property rights of others and expects our users to do the same. If you believe that content accessible through Scoutcast infringes your copyright, you may submit a notice under the Digital Millennium Copyright Act (DMCA). The DMCA provides a process for copyright holders to request removal of allegedly infringing material and for users to respond if they believe the material was removed in error. When we receive a valid DMCA notice, we review it and may remove or disable access to the identified content. If the affected user submits a valid counter-notification, we may restore the content unless the copyright owner initiates legal action within a specified time.
You may reach our designated DMCA agent at legal@scoutcast.ai.
Changes to the App
We continuously work to improve Scoutcast, so the App may change over time. We may suspend or discontinue certain App features, add new functionality, impose feature limits, or restrict access to portions of the App without notice. We reserve the right to implement rate limits as reasonably necessary to maintain security, performance, and service quality for all users.
Experimental Features
We may offer beta or experimental features within the App from time to time. These features may be labeled “Beta,” “Experimental,” or similar terms. These features are provided as-is and may be available for only a limited time. We may modify or discontinue them without prior notice. Beta and experimental features may function differently or have fewer capabilities than our standard features. You use these features at your own risk, and we are not responsible for any bugs, malfunctions, or other issues that may occur.
Changes to These Terms
These Terms might need to change as we improve the App. We can update the Terms at any time, but if we do, we’ll let you know by posting a notice on the Scoutcast website, sending you an email, or notifying you another way. If you don’t like the new Terms, you can reject them, but unfortunately that means you cannot continue using Scoutcast. You can stop using the App at any time. We explain in our Privacy Policy how we handle your information after you stop using the App, along with the licenses described above. If we make changes to these Terms and you continue using the App after those changes take effect, that means you accept all the changes.
What Else Do I Need to Know?
Entire Agreement
These Terms are the complete agreement between you and Scoutcast, and they replace all previous agreements or understandings about the subject matter of these Terms. Except as expressly set out in the “App Platform Requirements” section, no third parties are intended to benefit from these Terms.
No Promises
The App uses AI features that by nature may produce inaccurate information or exhibit bias. Sports statistics, game results, player information, and other content provided by the App may be incomplete, inaccurate, or out of date. You should independently verify all content before relying on it. Scoutcast does not provide gambling advice, financial advice, legal advice, medical advice, or other professional advice. Do not use Scoutcast to make decisions with legal or material consequences, including wagering or betting decisions.
We provide the App on an “as-is” basis. This means we don’t make any promises or guarantees about the App, including that it will work perfectly, be suitable for your specific needs, won’t infringe on others’ rights, or will always be available without interruption. Some states don’t allow these kinds of disclaimers, so they may not apply to you.
Limitation of Liability
TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY (INCLUDING, WITHOUT LIMITATION, TORT, CONTRACT, STRICT LIABILITY, OR OTHERWISE) SHALL SCOUTCAST (OR ITS LICENSORS OR SUPPLIERS) BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR (A) ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, OR (B) ANY AMOUNT, IN THE AGGREGATE, IN EXCESS OF THE GREATER OF (I) $100 OR (II) THE AMOUNTS PAID BY YOU TO SCOUTCAST IN CONNECTION WITH THE APP IN THE THREE (3) MONTH PERIOD PRECEDING THE APPLICABLE CLAIM, OR (C) ANY MATTER BEYOND OUR REASONABLE CONTROL. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO THE ABOVE LIMITATION AND EXCLUSIONS MAY NOT APPLY TO YOU.
Indemnity
To the fullest extent allowed by applicable law, you agree to indemnify and hold Scoutcast and its affiliates, officers, agents, employees, and partners harmless from and against any and all claims, liabilities, damages (actual and consequential), losses, and expenses (including attorneys’ fees) arising from or in any way related to any third-party claims relating to (a) your use of the App (including any actions taken by a third party using your account), and (b) your violation of these Terms. In the event of such a claim, suit, or action (“Claim”), we will attempt to provide notice of the Claim to the contact information we have for your account (provided that failure to deliver such notice shall not eliminate or reduce your indemnification obligations hereunder).
App Platform Requirements
In connection with your use of the App downloaded via the App Store:
- Both you and Scoutcast acknowledge that the Terms of Service are concluded between you and Scoutcast only, and not with Apple, and that Apple is not responsible for the App or your Content;
- The App is licensed to you on a limited, non-exclusive, non-transferable, non-sublicensable basis, solely to be used in connection with the App for your private, personal, non-commercial use, subject to all the terms and conditions of these Terms of Service as they are applicable to the App;
- You will only use the App in connection with an Apple device that you own or control;
- You acknowledge and agree that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App;
- In the event of any failure of the App to conform to any applicable warranty, including those implied by law, you may notify Apple of such failure; upon notification, Apple’s sole warranty obligation to you will be to refund to you the purchase price, if any, of the App;
- You acknowledge and agree that Scoutcast, and not Apple, is responsible for addressing any claims you or any third party may have in relation to the App;
- You acknowledge and agree that, 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, Scoutcast, and not Apple, will be responsible for the investigation, defense, settlement, and discharge of any such infringement claim;
- You represent and warrant that you are not located in a country subject to a US Government embargo, or that has been designated by the US Government as a “terrorist supporting” country, and that you are not listed on any US Government list of prohibited or restricted parties;
- Both you and Scoutcast acknowledge and agree that, in your use of the App, you will comply with any applicable third-party terms of agreement which may affect or be affected by such use; and
- Both you and Scoutcast acknowledge and agree that Apple and Apple’s subsidiaries are third-party beneficiaries of these Terms of Service, and that upon your acceptance of these Terms of Service, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms of Service against you as the third-party beneficiary hereof.
Assignment
You may not assign, delegate, or transfer these Terms or your rights or obligations hereunder, or your account, in any way (by operation of law or otherwise) without Scoutcast’s prior written consent. We may transfer, assign, or delegate these Terms and our rights and obligations under these Terms without consent.
Notices
To send us official notices, email us at: legal@scoutcast.ai.
All notices are considered delivered when: (i) sent by email, (ii) delivered in person or by overnight courier, or (iii) five (5) days after being sent by certified mail.
We may use email for all communications about the App and updates to these Terms. You must keep your email address current in your account settings to ensure you receive our messages.
Enforceability
If either of us doesn’t enforce a right, that doesn’t mean we’re giving it up. If any part of these Terms is found to be invalid or unenforceable, that part will be limited or removed to the minimum extent necessary, and the rest of these Terms will remain in full effect.
Force Majeure
Scoutcast shall not be liable or responsible for any failure or delay in performance of our obligations due to events beyond our reasonable control, including but not limited to outages, natural disasters, labor strikes, acts of terrorism, pandemics, internet service interruptions, or third-party service provider failures.
Dispute Resolution
Governing Law
These Terms and your use of the App will be governed by the laws of the State of Michigan and United States law, without regard to conflict-of-law rules. You and Scoutcast agree to submit to the state courts located in Washtenaw County, Michigan or the United States District Court for the Eastern District of Michigan (the “Michigan Courts”) for any actions where either party seeks injunctive or other equitable relief to prevent infringement or violation of intellectual property rights, as described in the “Arbitration and Class Action Waiver” subsection below.
Arbitration and Class Action Waiver
Please read this carefully. It affects your rights.
YOU AND SCOUTCAST AGREE THAT ANY DISPUTE, CONTROVERSY, OR CLAIM ARISING OUT OF, OR RELATING TO YOUR USE OF SCOUTCAST, TO ANY PRODUCTS OR SERVICES SOLD OR DISTRIBUTED BY OR THROUGH SCOUTCAST, TO THIS AGREEMENT, AND/OR TO THE CONTENT ON SCOUTCAST SHALL BE RESOLVED ONLY BY FINAL AND BINDING, BILATERAL ARBITRATION, except that (1) you may assert claims in small claims court if your claims qualify; and (2) this agreement to arbitrate does not include your or Scoutcast’s right to seek injunctive or other equitable relief in state or federal court in Washtenaw County, Michigan to prevent the actual or threatened infringement, misappropriation, or violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights. The Federal Arbitration Act, 9 U.S.C. § 1, et seq., and federal arbitration law apply to this agreement and govern all questions as to whether a dispute is subject to arbitration.
There is no judge or jury in arbitration, and court review of an arbitration award is limited. An arbitrator, however, can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow these Terms.
“Disputes” shall include, but are not limited to, any claims or controversies between you and Scoutcast against each other related in any way to or arising out of in any way from your Content or the App and/or its outputs, including but not limited to subscriptions, returns, refunds, cancellations, defects, policies, privacy, advertising, or any communications between you and Scoutcast, even if the claim arises after you or Scoutcast has terminated your subscription or user account. Disputes also include, but are not limited to, claims that: (a) you bring against our employees, agents, affiliates, or other representatives; or (b) that Scoutcast brings against you. Disputes also include, but are not limited to, (i) claims in any way related to or arising out of any aspect of the relationship between you and Scoutcast, whether based in contract, tort, statute, fraud, misrepresentation, advertising claims, or any other legal theory; (ii) claims that arose before these Terms or out of a prior set of Terms with Scoutcast; (iii) claims that are subject to ongoing litigation where you are not a party or a class member; and/or (iv) claims that arise after the termination of these Terms.
Before initiating an arbitration, you and Scoutcast each agree to first provide the other a written notice (“Notice of Dispute”), which shall contain: (a) a written description of the problem and relevant documents and supporting information; and (b) a statement of the specific relief sought. A Notice of Dispute should be sent to Scoutcast.ai, Inc., 145 Strieter Rd., Ann Arbor, MI 48103, or emailed at legal@scoutcast.ai. Scoutcast will provide a Notice of Dispute to you via the email address associated with your Scoutcast account. You and Scoutcast agree to make attempts to resolve the Dispute prior to commencing an arbitration and not to commence an arbitration proceeding until this 45-day post-notice resolution period expires. If an agreement cannot be reached within 45 days of receipt of the Notice of Dispute, you or Scoutcast may commence an arbitration proceeding.
Unless you and Scoutcast agree otherwise in writing, arbitration shall (1) be administered by the Judicial Arbitration and Mediation Services, Inc. (“JAMS”), pursuant to the JAMS Streamlined Arbitration Rules & Procedures then in effect (the “JAMS Rules”) and as modified by this agreement to arbitrate, including the rules regarding filing, administration, discovery, and arbitrator fees; (2) be conducted by a single, neutral arbitrator; and (3) take place in the county where you reside. To the extent that this agreement to arbitrate conflicts with the JAMS Policy on Consumer Arbitrations Pursuant to Pre-Dispute Clauses Minimum Standards for Procedural Fairness (the “Minimum Standards”), the Minimum Standards in that regard will apply.
We each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class or representative action. Further, unless both you and Scoutcast expressly agree otherwise, the arbitrator may not consolidate more than one person’s claims. If this prohibition of class, representative, or consolidated arbitration is found to be unenforceable, then the entirety of this arbitration provision shall be null and void.
If, for any reason, a claim proceeds in court rather than in arbitration, we each waive our right to a jury trial.
YOU THEREFORE UNDERSTAND AND AGREE THAT BY ENTERING INTO THIS AGREEMENT, YOU AND SCOUTCAST ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY AND THE RIGHT TO PARTICIPATE IN A CLASS ACTION FOR ANY CLAIMS COVERED BY THIS AGREEMENT.
The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim.
The JAMS Rules are available on its website at jamsadr.com/rules-streamlined-arbitration. Notwithstanding any JAMS Rules to the contrary or any other provision in the arbitration rules chosen, by agreement, to govern, you and Scoutcast each agree that all issues regarding the Dispute are delegated to the arbitrator to decide, except that only a court (and not the arbitrator) shall decide any disagreements regarding the scope and enforceability of this agreement to arbitrate.
If your claim does not exceed $5,000, you and Scoutcast agree to waive an oral hearing by the arbitrator and the arbitration will be conducted solely on the basis of documents you and Scoutcast submit to the arbitrator, unless you request a hearing or the arbitrator determines that a hearing is necessary. To the extent an oral hearing is requested by you or Scoutcast, or deemed necessary by the arbitrator, you and Scoutcast agree that the hearing will be conducted telephonically or videographically.
An arbitrator’s award will be a written statement of the disposition of each claim and will also provide a concise written statement of the essential findings and conclusions which form the basis of the award. The arbitrator’s decision and award is final and binding, with some limited court review under the FAA, and judgment on the award may be entered in any court of competent jurisdiction.
It is each party’s responsibility to pay any JAMS filing, case management/administrative, and arbitrator fees as set forth in the JAMS Rules. If your claim for damages does not exceed $5,000, Scoutcast will pay all such fees unless the arbitrator finds that either the substance of your Dispute or the relief sought was frivolous or was brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)).
As an alternative to arbitration, you or Scoutcast may resolve Disputes in a small claims court that has jurisdiction over your claim. These Terms and this arbitration agreement do not prevent you from bringing your Dispute to the attention of any federal, state, or local government agency. Such agencies can, if the law allows, seek relief against Scoutcast on your behalf.
Contact Information
If you have any questions about these Terms, please contact us at legal@scoutcast.ai.