Terms & Conditions

Terms & Conditions

Last Updated: April 27, 2025

Please read these Terms carefully before using our platform. By accessing or using the Splash Bay website and ClubOS application (collectively, the “Platform”), you agree to be bound by these Terms & Conditions (“Terms”). If you do not agree to these Terms, please do not access or use the Platform.

1. About the Platform

Splash Bay Inc (“we,” “us,” or “our”) operates https://www.thesplashbay.com/ and ClubOS — the operating system for youth sports. ClubOS is a mobile-first platform currently under active development, with new features being released on a continuous basis. The Platform is designed to serve five connected user types: coaches, parents, athletes, club managers, and platform administrators. Features and capabilities available to each user type will expand over time as the platform grows.

These Terms govern your access to and use of all aspects of the Platform, including account registration, the prospect onboarding pipeline, e-commerce purchases, team communications, and all ClubOS application features. Your use of the Platform is also governed by our Privacy Policy, which is incorporated into these Terms by reference.

2. Eligibility & Account Registration

To register for a coach or parent account, you must be at least 18 years of age. Accounts are created using your mobile phone number, which serves as your primary identifier on the Platform. You will receive a one-time SMS verification code to confirm your identity at sign-up and when signing in on a new device.

If you are registering on behalf of a minor (a player under 18), you represent and warrant that you are the minor’s parent or legal guardian and that you accept these Terms on their behalf. You are responsible for all activity that occurs under your account and must keep your session credentials secure.

Notice Regarding Children Under 13 (COPPA): Our Platform may collect personal information from or about children under 13 years of age in connection with player profiles and team communications. We do so only with verifiable parental consent, in compliance with the Children’s Online Privacy Protection Act (COPPA). Parents or guardians may review, request deletion of, or refuse further collection of their child’s information by contacting us at hartley@thesplashbay.com. For full details, please review our Privacy Policy.

3. E-Commerce & Payments

The Platform may offer products and services for purchase, including team merchandise, registration fees, and other items. All purchases are subject to the following:

  • Prices are listed in U.S. dollars and are subject to change without notice.
  • Payment is processed through a third-party payment processor. We do not store your full payment card information on our servers.
  • All sales are final unless otherwise stated at the time of purchase. Refund requests may be submitted to hartley@thesplashbay.com and will be evaluated on a case-by-case basis.
  • You agree to pay all applicable charges, including any taxes, associated with your purchase.

4. ClubOS Application Features

Registered users may access ClubOS features appropriate to their role. By using these features, you agree to the following:

  • Coaches may create teams, manage rosters, schedule events, send team communications, enter player skill ratings, and log development notes. Coaches are responsible for the accuracy of development data they enter and for using player information only for legitimate coaching purposes.
  • Parents may access their child’s team schedule, RSVP to events, communicate with coaches, and complete the prospect onboarding checklist. Parents manage their own notification preferences and are responsible for providing accurate information during registration.
  • All users agree to use messaging features (in-app, SMS, and email) only for legitimate team-related communications and not to send spam, harassing, threatening, or otherwise inappropriate content through the Platform.
  • You agree not to share your account credentials or allow unauthorized individuals to access your account.

We reserve the right to monitor Platform activity to ensure compliance with these Terms and to protect the safety of all users, particularly minors.

5. Prospect Registration & Onboarding

Parents wishing to enroll a child in a Splash Bay program may submit a prospect registration through the Platform. Upon submission, you will be guided through an onboarding checklist that must be completed before your child is assigned to an active roster. Checklist items may include:

  • Signed liability waiver (via electronic signature)
  • SafeSport acknowledgment
  • Medical information and emergency contacts
  • Birth certificate upload
  • Insurance information
  • Payment method setup and program fee payment

Your child will not be assigned to an active team until all required checklist items are complete and a coach or Splash Bay administrator approves the assignment. You may save your progress and return at any time to complete outstanding items. Submitted documents and information are stored securely and used solely for program administration and compliance purposes.

By submitting a prospect registration, you represent that all information provided is accurate and that you are the parent or legal guardian of the minor being registered.

6. User-Generated Content

Users may submit content to the Platform, including messages, photos, videos, comments, and other materials (“User Content”). By submitting User Content, you grant Splash Bay Inc a non-exclusive, royalty-free, worldwide license to use, display, reproduce, and distribute that content in connection with the operation of the Platform.

You represent that you own or have the rights to all User Content you submit, and that such content does not infringe on any third-party rights or violate any applicable laws. We reserve the right to remove any User Content that we determine, in our sole discretion, violates these Terms or is otherwise inappropriate.

7. Blog & Content

All content published by Splash Bay Inc on the Platform, including articles, photos, videos, and team information, is the intellectual property of Splash Bay Inc or its licensors. You may not reproduce, republish, or distribute our content without prior written permission.

8. SMS Messaging

We use SMS text messaging as a communication channel between coaches, parents, and student athletes. By providing your mobile phone number and opting in to SMS communications, you agree to the following terms:

  • Types of Messages: SMS messages may include game and practice reminders, requests to complete forms or registrations, payment reminders, tournament recaps with ranking updates and player highlights, parent meeting notices, player follow-up notes, and other program-related communications.
  • Message Frequency: You can expect to receive messages several times per week, depending on team activity and scheduling.
  • How to Opt Out: You may cancel SMS communications at any time by replying STOP to any message from us. Upon receipt of your STOP request, we will send a final confirmation message and you will be removed from our SMS list. To re-enroll at any time, simply sign up again as you did initially.
  • Help & Support: If you experience any issues with our SMS program, reply HELP to any message for assistance, or contact us directly at hartley@thesplashbay.com.
  • Message & Data Rates: Standard message and data rates may apply to all SMS messages sent to or received from us. Please contact your wireless carrier if you have questions about your text or data plan.
  • Carrier Liability: Wireless carriers are not liable for delayed or undelivered messages. Delivery of SMS messages is subject to effective transmission by your carrier and is outside our control.
  • Privacy: For information on how we handle your mobile number and SMS data, please review our Privacy Policy.

9. Prohibited Conduct

You agree not to:

  • Use the Platform for any unlawful purpose or in violation of any applicable laws.
  • Impersonate any person or entity, including coaches, staff, or other users.
  • Attempt to gain unauthorized access to any part of the Platform or its systems.
  • Transmit viruses, malware, or other harmful code.
  • Scrape, crawl, or otherwise collect data from the Platform without our written consent.
  • Post or transmit content that is defamatory, obscene, abusive, or harassing.

10. Account Termination

We reserve the right to suspend or terminate your account, with or without notice, for any violation of these Terms or for conduct we determine to be harmful to other users, minors, or the Platform. Upon termination, your right to use the Platform ceases immediately. Provisions of these Terms that by their nature should survive termination will remain in effect.

11. Service Availability

We strive to maintain reliable access to the Platform; however, we do not guarantee that the Platform will be available at all times. The Platform may be subject to downtime for maintenance, updates, or reasons beyond our control. We are not liable for any losses or inconvenience caused by service interruptions or unavailability.

12. Limitation of Liability

To the fullest extent permitted by applicable law, Splash Bay Inc and its officers, directors, employees, and agents shall not be liable for any indirect, incidental, special, consequential, or punitive damages — including loss of data, loss of revenue, or loss of goodwill — arising out of or related to your use of or inability to use the Platform, even if we have been advised of the possibility of such damages.

The Platform is an online tool and does not govern or bear responsibility for in-person activities, events, practices, or games associated with the basketball program. Splash Bay Inc is not liable for any injuries, accidents, or losses that occur during in-person activities. Participation in physical activities is at the user’s own risk and may require separate waivers or consent forms.

Our total cumulative liability to you for any claim arising under or related to these Terms or your use of the Platform shall not exceed the total fees you paid to us in the twelve (12) months immediately preceding the event giving rise to the claim.

Some jurisdictions do not allow the exclusion or limitation of certain damages. If these laws apply to you, some or all of the above exclusions or limitations may not apply, and you may have additional rights.

13. Third-Party Services

The Platform integrates with third-party services including payment processors, email marketing platforms, analytics providers, and social media integrations. Your use of these third-party services is governed by their respective terms and privacy policies. We are not responsible for the practices of these third parties.

14. Disclaimer of Warranties

The Platform is provided “as is” and “as available” without warranties of any kind, either express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, title, or non-infringement. We do not warrant that the Platform will be uninterrupted, error-free, or free of viruses or other harmful components, or that any defects will be corrected.

Some jurisdictions do not allow the exclusion of implied warranties. If these laws apply to you, some or all of the above exclusions may not apply, and you may have additional rights.

15. Governing Law & Dispute Resolution

These Terms are governed by and construed in accordance with the laws of the State of California, without regard to its conflict of law principles.

Informal Resolution. Before initiating any formal legal proceeding, you agree to first contact us at hartley@thesplashbay.com and give us thirty (30) days to attempt to resolve the dispute informally. This requirement does not apply to claims for injunctive or other equitable relief, which may be sought immediately.

If the dispute is not resolved informally, it shall be resolved exclusively in the state or federal courts located in Los Angeles County, California. You and Splash Bay Inc each consent to personal jurisdiction in those courts and waive any objection to the laying of venue there.

16. Indemnification

You agree to defend, indemnify, and hold harmless Splash Bay Inc and its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses (including reasonable legal fees) arising out of or in any way connected with: (a) your access to or use of the Platform; (b) your violation of these Terms; (c) your violation of any third-party right, including any intellectual property or privacy right; or (d) any User Content you submit to the Platform. This indemnification obligation will survive termination of these Terms and your use of the Platform.

17. Changes to These Terms

We may update these Terms from time to time. When we do, we will revise the “Last Updated” date at the top of this page. For material changes, we will provide notice by email or a prominent notice on the Platform at least 14 days before the changes take effect. Continued use of the Platform after that date constitutes your acceptance of the revised Terms. If you do not agree to the revised Terms, you must stop using the Platform.

18. General Provisions

Severability. If any provision of these Terms is found to be invalid, illegal, or unenforceable, that provision will be modified to the minimum extent necessary to make it enforceable, and the remaining provisions will continue in full force and effect.

Waiver. Our failure to enforce any right or provision of these Terms will not constitute a waiver of that right or provision. Any waiver must be in writing and signed by an authorized representative of Splash Bay Inc.

Entire Agreement. These Terms, together with our Privacy Policy and any other agreements expressly incorporated by reference herein, constitute the entire agreement between you and Splash Bay Inc regarding your use of the Platform and supersede all prior agreements, understandings, and communications on this subject.

Assignment. You may not assign or transfer your rights or obligations under these Terms without our prior written consent. We may assign our rights and obligations without restriction, including in connection with a merger, acquisition, or sale of assets.

Survival. Sections relating to intellectual property, user-generated content, disclaimer of warranties, limitation of liability, indemnification, governing law, and general provisions shall survive any termination or expiration of these Terms.

19. Contact Us

If you have any questions about these Terms & Conditions, please contact us at:

Splash Bay Inc
717 29th St, Manhattan Beach, CA 90266
Email: hartley@thesplashbay.com
Phone: (310) 699-8346