Callback
Terms of Service
These Terms of Service (the "Terms") are an agreement between McKerin Software, Inc. ("Callback", "we", "us") and the sports club or organization ("you", "your club") that creates a Callback account. Callback is a tryout evaluation service — a web dashboard and companion iOS app. By creating an account, subscribing, or using the service, the person accepting on the club's behalf represents that they are authorized to bind the club, and the club agrees to these Terms.
1. The service
Callback helps a club run player tryouts: import a registration list, rate athletes on the club's own skill categories and scale, and produce rankings, coverage, court placement, and offer tracking. Evaluators capture ratings on the iOS app — including offline, syncing when a connection returns — and administrators manage the tryout from the web dashboard. We may add, change, or remove features as the product evolves.
Use of the Callback iOS application is also subject to Apple's App Store terms and any additional terms Apple requires.
2. Accounts and roles
A club administrator sets up the club account and invites the club's evaluators and other administrators. Your club is responsible for its users: keeping their credentials private, ensuring they use the service only for the club's tryout activities, and removing access when a person leaves. You are responsible for activity that occurs under your club's accounts. Tell us promptly at support@mckerinsoftware.com if you believe an account has been compromised.
3. Subscriptions, trials, and billing
Callback is sold as an annual per-club subscription. Tiers are based on the number of athletes and are described on our pricing page; the price and athlete limit that apply are those shown when you subscribe. New clubs may start a free trial (currently 30 days, with a limited number of athletes) to evaluate the service before paying; trial limits and length may change and are described at signup. Discounts (such as a founding-club rate) may apply where we offer them.
Subscriptions renew automatically at the end of each annual term for a further one-year term at the then-current price for your tier, unless your club cancels before the renewal date. Your club may cancel at any time through the billing portal; cancellation takes effect at the end of the then-current paid term and the subscription will not renew. We will send a reminder notice to your club's billing contact approximately 30 days before each renewal.
Payments are processed by our payment provider, Stripe; we do not store full card numbers. Subscriptions are billed for the annual term. Unless a written agreement says otherwise, fees are non-refundable except where required by law. You are responsible for all applicable taxes. We will give reasonable notice before any change to subscription pricing that would affect your renewal.
4. Your club's data and ownership
The data your club puts into Callback — its registration list, the skill categories and scale it defines, and the ratings, notes, rankings, and offers its evaluators and administrators create — belongs to your club. We do not claim ownership of it. You grant Callback a limited, non-exclusive, worldwide license to host, process, transmit, display, and otherwise use the data you submit solely as necessary to provide, maintain, and support the Service to you, and as otherwise described in these Terms and our Privacy Policy.
We process it only to provide and support the service to you, on your instructions.
- Your club's data is kept private to your organization. We do not mix one club's data with another's.
- We do not sell your data, show ads, or use third-party advertising trackers.
- Within your club, an evaluator sees only their own ratings; administrators see the club's full tryout.
- You can export your rankings and rosters at any time while your subscription is active.
How we handle personal information is described in our privacy policy. We use service providers (such as our cloud host and payment processor) to run the service; they process data only to provide their service to us.
5. Player and minor information
The athlete information your club enters or imports — including information about minors — comes from your club's own registration process. For that information, your club is the party responsible for it (the "controller"), and Callback acts as your service provider, processing it solely to run your tryout evaluations.
Your club is responsible for collecting that information lawfully and for having the parental or guardian consent and the rights needed to provide it to us and to have us process it on your behalf. Callback does not collect information directly from athletes or their families, and the service is not directed to children. We process minors' information only as your service provider and delete it at your direction, as described below and in the privacy policy.
6. Acceptable use
Use Callback only for your club's legitimate tryout and evaluation activities. Do not attempt to access data you are not authorized to see, interfere with or disrupt the service, probe or breach its security, reverse-engineer it, resell or provide access to clubs other than your own, or use another club's or athlete's information outside your tryout process. Do not upload unlawful content or content you do not have the right to provide.
7. Intellectual property
Callback and its licensors own and retain all right, title, and interest in and to the Service, including all software, code, algorithms, user interfaces, designs, documentation, trademarks, service marks, and any improvements, enhancements, or derivative works. These Terms do not grant you any ownership rights in the Service.
Subject to your compliance with these Terms and payment of applicable fees (if any), we grant you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Service solely for your club's internal tryout and evaluation activities during the term of your active subscription or trial.
You may not reverse engineer, decompile, disassemble, or attempt to derive the source code of any part of the Service, or create derivative works based on the Service, except to the limited extent such restrictions are prohibited by applicable law.
8. Feedback
If you or any of your users provide Callback with any feedback, suggestions, ideas, or recommendations regarding the Service ("Feedback"), you grant Callback a perpetual, irrevocable, worldwide, royalty-free, fully paid-up license to use, reproduce, modify, create derivative works from, distribute, and otherwise exploit such Feedback for any purpose, without any obligation, attribution, or compensation to you.
9. Availability, disclaimer, and limitation of liability
We work hard to keep Callback reliable — including offline capture so evaluations are not lost — but we do not guarantee uninterrupted or error-free availability, and we may perform maintenance from time to time. Except as expressly stated, the service is provided "as is" and "as available", without warranties of any kind, whether express or implied, including any implied warranties of merchantability, fitness for a particular purpose, and non-infringement.
Evaluations and rankings are decision-support tools only; roster and selection decisions are solely your club's responsibility. Callback does not provide coaching, legal, medical, or any other professional advice.
To the fullest extent permitted by law, neither party is liable for indirect, incidental, special, consequential, or punitive damages, or for lost profits or data, arising out of or relating to the service. Our total liability arising out of or relating to these Terms or the service is limited to the amount your club paid us for the service in the twelve months before the event giving rise to the claim. Some jurisdictions do not allow certain limitations, so some of these may not apply to you.
10. Indemnification
You agree to defend, indemnify, and hold harmless McKerin Software, Inc., and its officers, directors, employees, agents, and affiliates from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or related to: (a) your club's data or content submitted to the Service; (b) your use of (or inability to use) the Service; (c) any decisions your club makes regarding athlete rankings, rosters, offers, or selections; (d) your failure to obtain any required parental or guardian consents or to comply with applicable laws (including privacy, data-protection, and youth-sports laws); or (e) your breach of these Terms.
11. Term and termination
These Terms apply while your club uses the service. Your club may stop using Callback and cancel its subscription at any time; cancellation takes effect at the end of the current paid term. We may suspend or terminate access for non-payment or for a material breach of these Terms (such as misuse of the service or another party's data), with notice where practical. On termination we will, on request, make your club's data available for export for a reasonable period, and we will delete your club's data on request or after termination, subject to any limited retention the law requires. You may request deletion of your club's data at any time by contacting us.
The following provisions survive any termination or expiration of these Terms: Section 4 (Your club's data and ownership, including the license grant), Section 7 (Intellectual property), Section 8 (Feedback), Section 9 (Availability, disclaimer, and limitation of liability), Section 10 (Indemnification), Section 13 (Governing law and disputes), and Section 14 (Miscellaneous), together with any other provisions that by their nature are intended to survive.
12. Changes to these Terms
We may update these Terms as the product and the law evolve. Each version carries a version identifier. If we make material changes, we will post the updated Terms here with a new version and date and give reasonable notice — for example, by asking an administrator to review and accept the updated Terms the next time they sign in, or by email. Continued use after an update takes effect means your club accepts the updated Terms; if your club does not accept them, its remedy is to stop using the service and cancel.
13. Governing law and disputes
These Terms are governed by the laws of the State of Arizona, without regard to its conflict-of-laws rules. The parties agree that any dispute arising out of or relating to these Terms or the service will be resolved in Maricopa County, Arizona, and each party consents to that venue. If any provision of these Terms is held unenforceable, the rest remain in effect.
14. Miscellaneous
These Terms constitute the entire agreement between the parties with respect to the subject matter hereof and supersede all prior or contemporaneous agreements, representations, warranties, and understandings, whether written or oral.
No failure or delay by either party in exercising any right under these Terms will constitute a waiver of that right. Any waiver must be in writing and signed by the waiving party to be effective.
You may not assign or transfer these Terms, or any rights or obligations hereunder, without our prior written consent. We may assign these Terms without restriction. Any attempted assignment in violation of this provision is void.
Nothing in these Terms creates any partnership, joint venture, employment, or agency relationship between the parties. Neither party has authority to bind the other.
Notices under these Terms may be given by email: to the email address associated with your club administrator account (for notices to you) or to support@mckerinsoftware.com (for notices to us). Notices are deemed given when sent.
If any provision of these Terms is held to be invalid or unenforceable, the remaining provisions will continue in full force and effect, and the invalid provision will be modified to the minimum extent necessary to make it valid and enforceable.