Fungo Terms of Service

Effective date: July 13, 2026 Last updated: July 13, 2026

These Terms of Service ("Terms") are a binding agreement between you and Berkeley Blvd., LLC, a Wisconsin limited liability company ("Berkeley Blvd.," "Fungo," "we," "us," or "our"). "Fungo" is a brand and service of Berkeley Blvd., LLC, offered through our websites and applications at fungohq.com and app.fungohq.com and any related email or notification features (together, the "Service"). By creating an account, subscribing, submitting a request, uploading a video, providing your email address, or otherwise using the Service, you agree to these Terms and to our Privacy Policy, which is incorporated by reference. If you do not agree, do not use the Service.

PLEASE READ SECTIONS 5 (ASSUMPTION OF RISK), 15–17 (DISCLAIMERS, LIABILITY, INDEMNITY), AND 18 (ARBITRATION AND CLASS-ACTION WAIVER) CAREFULLY. THEY LIMIT OUR LIABILITY AND AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO SUE IN COURT AND TO PARTICIPATE IN A CLASS ACTION.

1. Definitions

• "Service" — everything described above, including (a) the free, email-based drill-search flow at fungohq.com (the "Free Flow"); and (b) the account-based application at app.fungohq.com (the "App"), including subscription features.
• "Account" — a registered user account for the App.
• "Subscription" — a paid plan (Fungo Pro, Fungo Coach, or Fungo Club) as described in Section 6.
• "Third-Party Content" — baseball coaching content created by third-party coaches and creators and published on Instagram or similar platforms, which we index and link to. We do not host or own Third-Party Content.
• "Recommendations" and "Plans" — the drill selections, weekly practice plans, cues, and related outputs the Service generates for you.
• "Player Data" — information you provide about an athlete, including a name or nickname, age, competitive level, position(s), pitch type(s), and swing video.
• "Submissions" — anything you provide to the Service, including queries, Player Data, videos, and feedback.

2. What the Service Is

Fungo helps parents, players, and coaches find and use baseball training drills. You describe a training problem in plain language and we use automated systems, including artificial intelligence, to match your description against an index of Third-Party Content and to generate Recommendations, weekly Plans, and — where you provide swing video — automated swing feedback.

The Service is an informational discovery and organization tool. It is not a coaching, medical, physical-therapy, athletic-training, or professional-instruction service. We may add, modify, suspend, limit, or discontinue any part of the Service (including features and Subscription tiers) at any time, with or without notice, without liability to you, subject to Section 6 for paid Subscriptions.

3. Eligibility and Accounts

(a) Age. You must be at least 18 years old (or the age of legal majority in your jurisdiction) to create an Account, purchase a Subscription, or upload a video. The Free Flow may be used by individuals 13 or older; individuals under 18 may use the Free Flow only with the involvement of a parent or legal guardian who agrees to these Terms on their behalf. Children under 13 may not use the Service or provide information to it directly. See Section 4 for how adults may use the Service on behalf of a youth athlete.

(b) Registration. The App uses passwordless email sign-in: you provide an email address and authenticate through a link we send you. You agree to provide accurate information, to keep access to your email secure, and that you are responsible for all activity under your Account. Notify us promptly at nick@berkeleyblvd.com of any unauthorized use.

(c) One account; accurate use. You may not maintain more than one Account to circumvent Subscription limits, create Accounts by automated means, or share paid access outside the limits of your Subscription tier.

4. Youth Athletes; Parent and Coach Responsibilities

The Service is designed to help adults train young athletes. The following applies whenever you enter Player Data or upload a video of anyone other than yourself, and whenever the athlete is a minor:

(a) Authority and consent. You represent and warrant that you are (i) the parent or legal guardian of each athlete whose information or video you provide, or (ii) a coach or other adult who has obtained verifiable consent from each such athlete's parent or legal guardian to provide that information and video to the Service and to have it processed as described in these Terms and the Privacy Policy. You are responsible for obtaining and keeping records of that consent.

(b) Supervision and appropriateness. You are solely responsible for supervising all training, and for ensuring every drill, cue, and activity is appropriate to each athlete's age, size, physical condition, maturity, and skill level. See Section 5.

(c) No direct child use. Do not allow a child to create an Account, sign in, subscribe, or interact with the Service directly. The Account holder must be an adult.

(d) Removal of a minor's data. You may delete Player Data (including a player record or an entire team) at any time in the App, and you may contact us to review or delete any minor's information we hold. See the Privacy Policy.

5. Not Professional Advice; Assumption of Risk; Physical-Activity Waiver

READ THIS SECTION CAREFULLY. IT CONCERNS PHYSICAL INJURY AND LIMITS OUR LIABILITY.

(a) Informational only. Recommendations, Plans, and swing feedback are provided for general informational purposes. They are not medical advice, diagnosis, treatment, physical therapy, athletic-training services, or professional coaching. We are not a medical provider, licensed trainer, or coaching service, and no coach-athlete, provider-patient, or fiduciary relationship is created by your use of the Service.

(b) Consult a professional. Before beginning any drill, exercise, or Plan, consult a physician for the participating athlete and a qualified in-person coach or trainer. This is especially important for minors, youth pitchers (given elbow and shoulder risks), athletes recovering from injury, and athletes with pre-existing conditions.

(c) Assumption of risk. Baseball and its training involve inherent risks, including without limitation muscle strain, overuse injuries (including elbow and shoulder injuries such as those associated with pitching volume), impact injuries, and other serious bodily harm or death. You knowingly and voluntarily assume all risks arising from any athlete's performance of, or attempt to perform, any activity depicted in Third-Party Content or included in a Recommendation or Plan, whether performed correctly or incorrectly. If you supervise a minor, you assume these risks on the minor's behalf to the fullest extent permitted by law.

(d) No verification of creators. We do not employ, certify, endorse, or verify the qualifications of the third-party coaches and creators whose content we index, and we make no representation that their content is safe, effective, accurate, or appropriate for any particular athlete, age, or skill level.

(e) Automated feedback is not an evaluation. Swing feedback (Section 7) is generated by AI from a limited number of still images taken from a single camera angle. It may be wrong, incomplete, or miss serious issues, and it is not a substitute for in-person evaluation by a qualified coach or medical professional.

6. Subscriptions, Billing, and Payments

(a) Plans and pricing. The App offers the following paid Subscriptions, billed monthly in U.S. dollars:

Not all plans are available at all times, and the plans, prices, and features currently offered are those shown to you at checkout, which control. Some features are offered free of charge and may be changed or withdrawn at any time.

(b) Payment processor. Payments are processed by Stripe, Inc. We do not receive or store your full payment-card number. Your use of Stripe is subject to Stripe's terms and privacy policy. You authorize us and Stripe to charge your payment method for the Subscription and applicable taxes.

(c) Automatic renewal — please read. YOUR SUBSCRIPTION AUTOMATICALLY RENEWS at the end of each monthly billing period, and your payment method is charged the then-current price for the next period, until you cancel. By subscribing, you affirmatively consent to these recurring charges. We disclose the price, billing frequency, and automatic-renewal terms before you purchase and in your confirmation, and you may cancel online at any time as described below.

(d) Cancellation. You may cancel at any time through the App's subscription-management page (which opens the Stripe customer portal) or by contacting us at nick@berkeleyblvd.com. Cancellation stops future renewals; your access continues through the end of the paid period already charged, after which the Subscription ends.

(e) Refunds. Except where required by law, payments are non-refundable, and we do not provide refunds or credits for partial billing periods, unused features, or periods after cancellation. Nothing in this Section limits any non-waivable statutory right you may have.

(f) Price changes. We may change Subscription prices. We will give advance notice of a price increase (for example, by email or in-app), and the new price will apply to the next billing period after the notice period; if you do not agree, you may cancel before the change takes effect.

(g) Taxes. Prices exclude taxes unless stated. You are responsible for applicable sales, use, VAT, GST, or similar taxes, which we or Stripe may collect.

(h) Failed payments; chargebacks. If a charge fails, we may suspend or downgrade paid features until payment succeeds. Initiating a chargeback without first contacting us to resolve a billing issue is a breach of these Terms and may result in termination.

(i) Tier limits. Player and team limits are enforced per Account. Downgrading a tier may make previously accessible data or players inaccessible until you upgrade again or reduce your roster.

7. Swing Video Analysis

(a) How it works. When you upload swing video, your device samples still frames from the video and transmits those frames to our AI provider (see Section 8) for automated analysis. We do not store your uploaded video files or the extracted frames after analysis; we retain only the resulting written assessment and comparison.

(b) Your representations. By uploading a video you represent and warrant that (i) you have the right to upload it; (ii) you have obtained all consents required from every person depicted (and, for minors, from a parent or legal guardian per Section 4); and (iii) the video does not violate any law or third-party right and contains no unlawful, sensitive, or inappropriate content.

(c) License. You grant us a limited, worldwide, royalty-free license to process the sampled frames and derived assessment solely to provide the Service to you. We do not use your videos or frames to train third-party AI models.

(d) Not an evaluation. See Section 5(e).

8. Artificial Intelligence Disclosure

Recommendations, Plans, and swing feedback are generated by automated systems, including large language models operated by Anthropic, PBC. Automated systems make mistakes: outputs may be irrelevant, mislabeled, low quality, incomplete, or inappropriate for the athlete or problem described, and are not reviewed by a human before delivery in every case. You are responsible for evaluating the suitability and safety of any output before relying on or acting on it. AI outputs are not professional, medical, or coaching advice (Section 5).

9. Your Content and Submissions

(a) License to us. You grant us a worldwide, non-exclusive, royalty-free license to host, store, reproduce, and process your Submissions to operate, secure, improve, and develop the Service. For feedback and suggestions you send us, you grant us an unrestricted right to use them without compensation.

(b) Your responsibility. You represent that your Submissions are accurate, that you have all rights necessary to provide them, and that they do not violate any law or third-party right. Do not submit sensitive personal information (such as health, financial, biometric, or government-ID data) except the limited athlete profile fields the Service requests.

(c) Removal. We may remove or refuse any Submission that we believe violates these Terms or applicable law.

10. Third-Party Content and Platforms

(a) Recommendations and Plans link to Third-Party Content hosted on third-party platforms (e.g., Instagram). We do not host, own, control, or license Third-Party Content. All rights belong to their respective creators and platforms. Creator handles and names are used to identify and credit the source, not to imply affiliation, sponsorship, or endorsement.

(b) Fungo and Berkeley Blvd., LLC are not affiliated with, endorsed by, or sponsored by Instagram, Meta Platforms, Inc., Anthropic, Stripe, or any coach or creator referenced in the Service.

(c) Your use of third-party platforms is governed by those platforms' own terms and policies. Third-Party Content may be changed or removed by its creator or platform at any time; we are not responsible for unavailable, altered, or deleted content.

(d) Creators. If you are a content creator and prefer that your public content not be indexed or referenced by the Service, contact us at nick@berkeleyblvd.com and we will honor removal requests within a commercially reasonable time.

11. Acceptable Use

You agree not to: (a) use the Service for any unlawful purpose; (b) submit false, misleading, infringing, or harmful content; (c) probe, scrape, harvest, reverse engineer, decompile, or access the Service by automated means, or circumvent any technical, rate, or Subscription limits; (d) resell, sublicense, or commercially redistribute Recommendations, Plans, or our index; (e) interfere with or disrupt the operation, integrity, or security of the Service; (f) upload malware or attempt to gain unauthorized access to any account or system; or (g) impersonate any person or misrepresent your affiliation.

12. Communications and Notifications

By using the Service you consent to receive service-related communications, including transactional emails (sign-in links, requested drills, billing receipts, plan reminders) and, if you enable them, push notifications. Recurring marketing email is sent only with separate consent and always includes an unsubscribe mechanism. You may manage notifications in the App or your device settings, and opt out of marketing at any time.

13. Intellectual Property

The Service — including the Fungo name and logo, site and app design, text we author, our drill index structure and metadata, and our software — is owned by Berkeley Blvd., LLC or its licensors and is protected by intellectual-property laws. Except for the limited right to use the Service as intended and permitted by your Subscription, no license is granted to you. Third-Party Content and your Submissions are excluded from our ownership claims (subject to the licenses you grant above).

14. Copyright Complaints (DMCA)

We respect intellectual-property rights. If you believe material linked or referenced through the Service infringes your copyright, send a notice containing the information required by 17 U.S.C. § 512(c)(3) to our designated Copyright Agent:

Copyright Agent, Berkeley Blvd., LLC 400 E. Lexington Blvd., Milwaukee, WI 53217 nick@berkeleyblvd.com

We will respond to valid notices, including by removing references where appropriate, and may terminate repeat infringers.

15. Disclaimer of Warranties

THE SERVICE AND ALL RECOMMENDATIONS, PLANS, AND SWING FEEDBACK ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, AND ANY WARRANTY ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, THAT OUTPUTS WILL BE ACCURATE OR RELIABLE, OR THAT THE SERVICE WILL PRODUCE ANY PARTICULAR ATHLETIC OUTCOME OR PREVENT ANY INJURY. SOME JURISDICTIONS DO NOT ALLOW EXCLUSION OF IMPLIED WARRANTIES; IN THAT CASE THE ABOVE EXCLUSIONS APPLY TO THE MAXIMUM EXTENT PERMITTED BY LAW.

16. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW: (a) IN NO EVENT WILL BERKELEY BLVD., LLC OR ITS MEMBERS, MANAGERS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR PERSONAL INJURY, LOST PROFITS, OR LOSS OF DATA, ARISING OUT OF OR RELATING TO THE SERVICE OR ANY OUTPUT, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES; AND (b) OUR TOTAL AGGREGATE LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE SERVICE WILL NOT EXCEED THE GREATER OF THE AMOUNTS YOU PAID US IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM OR ONE HUNDRED U.S. DOLLARS (US $100). THESE LIMITATIONS APPLY TO ALL THEORIES OF LIABILITY AND ARE FUNDAMENTAL ELEMENTS OF THE BARGAIN. SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS, INCLUDING LIMITATIONS ON LIABILITY FOR PERSONAL INJURY CAUSED BY NEGLIGENCE; IN THOSE JURISDICTIONS THESE LIMITS APPLY TO THE MAXIMUM EXTENT PERMITTED.

17. Indemnification

You will defend, indemnify, and hold harmless Berkeley Blvd., LLC and its members, managers, employees, and agents from and against any claims, damages, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or relating to: (a) your use or misuse of the Service or any output, including any training activity performed by you or any athlete under your supervision; (b) your Submissions or Player Data, including any video you upload or any claim by a person depicted in it; (c) your breach of Section 4 (authority/consent for minors); or (d) your violation of these Terms or applicable law.

18. Dispute Resolution; Arbitration; Class-Action Waiver

PLEASE READ: THIS SECTION REQUIRES INDIVIDUAL ARBITRATION AND WAIVES JURY TRIALS AND CLASS ACTIONS.

(a) Informal resolution first. Before filing a claim, you agree to contact us at nick@berkeleyblvd.com and attempt in good faith to resolve the dispute informally for 30 days.

(b) Binding arbitration. Any dispute arising out of or relating to these Terms or the Service that is not resolved informally will be resolved by binding individual arbitration administered by the American Arbitration Association under its Consumer Arbitration Rules. The arbitration will be seated in Milwaukee County, Wisconsin or, at your election, conducted by videoconference or telephone. Judgment on the award may be entered in any court of competent jurisdiction. The Federal Arbitration Act governs this Section.

(c) Exceptions. Either party may bring an individual claim in small-claims court, and either party may seek injunctive relief in court for intellectual-property infringement or misuse of the Service.

(d) Class-action and jury waiver. ALL CLAIMS MUST BE BROUGHT IN THE PARTIES' INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING. YOU AND WE EACH WAIVE ANY RIGHT TO A JURY TRIAL.

(e) Opt-out. You may opt out of this arbitration agreement by emailing nick@berkeleyblvd.com within 30 days of first accepting these Terms, stating your name, email, and intent to opt out.

(f) Severability. If the class-action waiver is found unenforceable as to a particular claim, that claim (and only that claim) must proceed in court, and the remainder of this Section remains in effect.

19. Governing Law and Venue

These Terms are governed by the laws of the State of Wisconsin, without regard to conflict-of-laws principles. Subject to Section 18, the state and federal courts located in Milwaukee County, Wisconsin have exclusive jurisdiction, and the parties consent to personal jurisdiction there. The Service is operated from the United States; we make no representation that it is appropriate or available elsewhere.

20. Changes to the Service or Terms

We may update these Terms from time to time. Material changes will be posted at fungohq.com with an updated effective date and, where required or for paying subscribers, communicated by email or in-app notice. Continued use after the effective date constitutes acceptance. For Subscriptions, changes affecting price or core paid features apply from your next billing period after notice.

21. Term and Termination

(a) These Terms apply while you use the Service. You may stop at any time and may delete your Account in the App (Settings → Delete account), which cancels any active Subscription and deletes your data as described in the Privacy Policy.

(b) We may suspend or terminate your access, with or without cause and with or without notice, including for breach of these Terms. On termination, your right to use the Service ends. Cancellation or termination does not entitle you to a refund except as stated in Section 6.

(c) Sections 5 and 9–19 and 22 survive termination.

22. General

These Terms and the Privacy Policy are the entire agreement between you and us regarding the Service and supersede prior agreements. If any provision is held unenforceable, it will be modified to the minimum extent necessary and the remainder will remain in effect. Our failure to enforce a provision is not a waiver. You may not assign these Terms; we may assign them in connection with a merger, acquisition, financing, or sale of assets. Neither party is liable for delay or failure caused by events beyond its reasonable control. "Including" means "including without limitation." Section headings are for convenience only.

23. Contact

Berkeley Blvd., LLC (Fungo) 400 E. Lexington Blvd., Milwaukee, WI 53217 nick@berkeleyblvd.com