By downloading, installing, or using the Cadence Pitching application ("App"), you ("User") agree to be bound by the terms of this Beta Test License Agreement ("Agreement"). If you do not agree to these terms, do not use the App.
1. Beta Test Acknowledgment
The User acknowledges that this App is a beta version provided for testing purposes only. The App is provided "AS IS" and "AS AVAILABLE" without warranties of any kind, either express or implied. The User understands that the App may contain bugs, errors, and other problems that could cause system failures, data loss, or other issues.
2. Assumption of Risk and Liability
The User assumes all risks associated with the use of this App. The App Owner, its affiliates, officers, directors, employees, and agents ("Released Parties") shall have no liability whatsoever for any damages, injuries, losses, or claims arising from the User's use of the App, including but not limited to:
- Physical injury or death
- Property damage
- Data loss or corruption
- Device malfunction
- Any direct, indirect, incidental, special, consequential, or punitive damages
3. Health and Physical Activity Disclaimer
This App does not encourage, recommend, or advise the User to participate in any sports, physical activities, or exercise programs, including but not limited to baseball, pitching, throwing, or any related activities. The App is a data collection and analysis tool only.
The User Must:
- Consult with a qualified physician before engaging in any physical activity, including but not limited to baseball pitching, throwing, or any other sport
- Consult with qualified coaches, trainers, or medical professionals regarding proper pitching mechanics and injury prevention
- Use the App with extreme caution and at their own risk
- Follow all applicable safety guidelines for any physical activities
- Immediately cease use of the App and seek medical attention if experiencing any discomfort, pain, arm fatigue, or health concerns
- Not rely on the App for workload management, injury prevention, or medical advice
Important Pitching-Specific Warnings:
- Pitching and throwing activities carry inherent risks of arm injury, including but not limited to: ulnar collateral ligament (UCL) tears, rotator cuff injuries, labrum tears, tendinitis, and stress fractures
- The App's "Effort Index," pitch counts, and other metrics are estimates only and should NOT be used as the sole basis for training decisions, pitch count limits, or return-to-play protocols
- The User should follow pitch count guidelines and rest recommendations from qualified coaches, athletic trainers, or medical professionals—not from this App
- Young athletes (under 18) should only use this App under adult supervision and in consultation with qualified youth sports coaches
The App Owner makes no representations regarding the safety, suitability, or appropriateness of any physical activity for the User.
4. Sensor Placement Acknowledgment
The User acknowledges that this App may require wearing an Apple Watch on the forearm rather than the wrist. The User understands that:
- Forearm placement is non-standard and may affect device warranty coverage
- The User assumes all risk of damage to their Apple Watch or other devices
- The User is responsible for ensuring secure attachment of their device during physical activity
- The App Owner is not liable for any device damage, loss, or malfunction resulting from forearm placement or use during pitching activities
5. Data Collection and Use
By using this App, the User grants the App Owner an unrestricted, perpetual, irrevocable, worldwide, royalty-free license to collect, store, use, modify, distribute, and exploit any and all data generated through the User's use of the App for any purpose whatsoever, including but not limited to:
- Product development and improvement
- Machine learning model training and development
- Research and analysis
- Commercial purposes
- Sharing with third parties
- Publication of anonymized or aggregated data
This license is granted as a condition of participating in the beta test program.
Data Collected May Include:
- Motion sensor data (accelerometer, gyroscope)
- Session timestamps and duration
- Pitch counts and effort metrics
- Device information
- User-provided information (height, handedness, etc.)
6. Indemnification
The User agrees to indemnify, defend, and hold harmless the Released Parties and any third parties associated with the App from and against any and all claims, demands, actions, suits, damages, liabilities, losses, settlements, judgments, costs, and expenses (including reasonable attorneys' fees) arising out of or relating to:
- The User's use or misuse of the App
- The User's violation of this Agreement
- The User's violation of any applicable laws, regulations, or third-party rights
- Any claims made by third parties related to the User's use of the App
- Any physical injury, property damage, or other harm arising from activities conducted while using the App
- Any decisions made based on data or metrics provided by the App
This indemnification obligation shall survive the termination of this Agreement.
7. Limitation of Liability
This limitation applies regardless of the form of action, whether in contract, tort (including negligence), strict liability, or otherwise, and even if the App Owner has been advised of the possibility of such damages.
8. No Medical or Professional Advice
The App does not provide medical advice, diagnosis, or treatment. The App is not a substitute for professional medical advice, coaching, or athletic training. Any information provided by the App regarding effort levels, workload, or performance metrics is for informational purposes only and should not be relied upon for making health, training, or medical decisions.
9. Compliance with Laws
The User agrees to comply with all applicable federal, provincial, state, municipal, and local laws, regulations, and ordinances in connection with their use of the App. The User shall not use the App for any unlawful purpose.
10. Governing Law and Jurisdiction
This Agreement shall be governed by and construed in accordance with the laws of the Province of Ontario, Canada, without regard to its conflict of law principles. Any disputes arising under or in connection with this Agreement shall be subject to the exclusive jurisdiction of the courts of the Province of Ontario, Canada.
11. Severability
If any provision of this Agreement is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that this Agreement shall otherwise remain in full force and effect.
12. Modification of Terms
The App Owner reserves the right to modify these terms at any time. Continued use of the App after any such modifications constitutes acceptance of the modified terms.
13. Termination
The App Owner may terminate this Agreement and the User's access to the App at any time, for any reason, without notice. Upon termination, the User must cease all use of the App and delete it from all devices.
14. Entire Agreement
This Agreement constitutes the entire agreement between the User and the App Owner regarding the use of the App and supersedes all prior agreements and understandings.
15. Acceptance
By using this App, the User acknowledges that they have read, understood, and agree to be bound by all terms and conditions of this Agreement.
Contact Information
For questions or concerns regarding this Agreement, please contact:
Cadence Pitching
Email: nash@cadencebaseball.com
Ontario, Canada
Cadence Pitching is developed independently and is not affiliated with, endorsed by, or sponsored by any other organization.
Document Version: Beta 1.0
Effective Date: December 18, 2025