1.Who we are

GameDay is operated by Foquss Mode, LLC, a limited liability company based in Casper, Wyoming, United States ("GameDay", "we", "us", "our"). GameDay is a software platform for youth sports camps, clinics, leagues and programs, covering registration, payments, scheduling, rosters, waivers, communication and reporting.

2.Definitions

3.Eligibility and accounts

You must be at least 18 years old and able to form a binding contract to create an account. Accounts are for named individuals; do not share credentials. You are responsible for activity that happens under your account and for keeping your login details secure. Tell us promptly at admin@usegameday.com if you believe an account has been compromised.

Where an Operator invites you into its account, the Operator controls your access level and may change or revoke it at any time.

4.What Operators are responsible for

If you use GameDay to run programs, you are responsible for the programs themselves and for your relationship with the families who register. That includes:

• The accuracy of program listings, pricing, dates, locations and capacity.
• Your own refund, cancellation, transfer and code-of-conduct policies, and honouring them.
• Obtaining any consents, waivers and permissions you need from parents and guardians.
• Supervision, safeguarding, staff screening, insurance and compliance with the laws that apply to your programs.
• Handling participant information, including health and medical details, lawfully and appropriately.

GameDay is not a party to the agreement between an Operator and a family, and does not run, staff, supervise or insure any program.

5.Registrations, payments and fees

How money moves

Payments are processed by Stripe using the Operator's own Stripe account. Funds from a registration go to the Operator directly. GameDay does not hold, escrow or disburse Operator funds. Your use of Stripe is subject to Stripe's own terms.

What GameDay charges

Unless agreed otherwise in writing, GameDay charges a percentage of registration revenue processed through the Services, quoted to you before you begin and invoiced monthly in arrears. There is no setup fee, no monthly minimum and no per-seat charge. Card processing fees charged by Stripe are separate and are set by Stripe.

Taxes

Amounts are exclusive of taxes. You are responsible for any sales, use, VAT or similar taxes arising from your use of the Services, other than taxes on our income.

Late payment

Invoices are due on the terms stated on the invoice. We may suspend access to the Services if an invoice remains unpaid after we have given you reasonable notice.

6.Refunds and cancellations

Refunds to families are issued by the Operator under the Operator's own policy, using the Operator's Stripe account. If you are a Parent seeking a refund, contact the Operator running the program. GameDay fees already invoiced are not automatically reversed when an Operator issues a refund, though we will act reasonably where a registration is cancelled in full.

7.No lock-in, term and termination

There is no minimum term and no exit fee. You may stop using the Services at any time by telling us in writing. We will help you export your data in a common format for a reasonable period after you leave, normally at least 30 days.

We may suspend or terminate access if you materially breach these terms, if we are required to by law, or if your use creates a security or legal risk to us or to others. Where practical we will give notice and an opportunity to fix the problem first.

8.Acceptable use

Do not use the Services to:

• Break the law, infringe someone's rights, or harm or endanger a child.
• Upload malicious code, probe or interfere with our systems, or attempt to access data you are not authorised to see.
• Scrape, resell or redistribute the Services or another user's data.
• Send unsolicited bulk messages, or send communications that recipients have not consented to receive.
• Misrepresent who you are or which organisation you act for.

9.Third-party services

The Services connect to third-party tools including payment, messaging, email, analytics and AI providers. Those services are controlled by their own providers and governed by their own terms and privacy notices. We are not responsible for third-party services, and enabling an integration may mean sharing data with that provider. See our Privacy Policy for who we work with.

10.Intellectual property

We own the Services, including the software, design, branding and documentation. You get a limited, non-exclusive, non-transferable right to use them while these terms are in force. You keep ownership of your Customer Data. You grant us the rights we need to host, process, transmit, back up and display that data in order to provide the Services, and to use aggregated, de-identified information to operate and improve them in a way that does not identify you, your organisation or any participant.

If you send us feedback or suggestions, we may use them without obligation to you.

11.Privacy and data protection

Our handling of personal information is described in the Privacy Policy. For information an Operator collects from families, the Operator is the controller of that information and GameDay processes it on the Operator's behalf and on the Operator's instructions.

12.Confidentiality

Each of us may receive information from the other that is not public. Both of us will use it only for the purpose of the Services and protect it with at least reasonable care. This does not apply to information that is already public, independently developed, or lawfully received from someone else, and does not prevent a disclosure required by law.

13.Service availability and changes

We work to keep the Services available and secure, but we do not promise uninterrupted or error-free operation. We may change, add or remove features. If we make a change that materially reduces core functionality you rely on, we will give you reasonable notice.

14.Disclaimers

Except as expressly stated in these terms, the Services are provided "as is" and "as available", without warranties of any kind, whether express, implied or statutory, including implied warranties of merchantability, fitness for a particular purpose and non-infringement. We do not warrant that the Services will meet your requirements or that defects will be corrected.

15.Limitation of liability

To the fullest extent permitted by law, neither party is liable for indirect, incidental, special, consequential or punitive damages, or for lost profits, revenue, goodwill or data, even if advised of the possibility. Our total aggregate liability arising out of or relating to these terms or the Services is limited to the amounts you paid us in the twelve months before the event giving rise to the claim.

Nothing in these terms limits liability that cannot be limited by law, including for fraud or for death or personal injury caused by negligence.

16.Indemnity

If you are an Operator, you will defend and indemnify us against third-party claims arising from your programs, your Customer Data, your policies, or your breach of these terms, and from any claim by a family relating to a program you ran.

17.Changes to these terms

We may update these terms. If a change is material we will give notice by email or in the product before it takes effect. Continuing to use the Services after the effective date means you accept the updated terms. The "last updated" date at the top of this page always reflects the current version.

18.Governing law and disputes

These terms are governed by the laws of the State of Wyoming, United States, without regard to its conflict of law rules. The state and federal courts located in Wyoming have exclusive jurisdiction, and each party consents to that jurisdiction. Before filing anything, please contact us so we can try to resolve the matter directly.

19.General

These terms are the entire agreement between us on this subject and replace any earlier understanding. If a provision is found unenforceable, the rest stays in force. A failure to enforce a provision is not a waiver of it. You may not assign these terms without our consent; we may assign them to an affiliate or in connection with a merger or sale of assets.

1.Who is responsible for your information

Foquss Mode, LLC of Casper, Wyoming operates GameDay. Our role depends on the situation:

• For our own websites, marketing and account records, we decide how information is used. We are the controller.
• For information families give to a camp or program, the operator running that program decides how it is used. GameDay processes it on their behalf, following their instructions. If you want your information corrected or deleted, contact that operator first, and we will support them in acting on it.

2.Information we collect

Information you give us

• Account details: name, email address, phone number, organisation, role and password.
• Registration details: participant name, date of birth or age group, program selections, and the answers to any questions the operator asks.
• Health and safety details: allergies, medical notes, emergency contacts and authorised pickup contacts, where an operator collects them.
• Payment details: handled by Stripe. We receive confirmation, amount, status and the last four digits of the card. We never see or store full card numbers.
• Communications: emails, SMS and messages you exchange with an operator or with us, and support requests.

Information we collect automatically

• Device and browser type, operating system, approximate location derived from IP address, pages viewed, referring page and timestamps.
• Cookies and similar technologies, described in our Cookie Policy.

3.Children's information

GameDay is intended for adults. We do not knowingly allow anyone under 18 to create an account, and we do not direct advertising to children. Information about a child reaches us because a parent or guardian entered it while registering that child for a program, or because an operator added it to a roster.

That information is used only to run the program: rosters, attendance, medical safety, pickup authorisation and communication with the parent. We do not sell it, and we do not use it to build advertising profiles.

A parent or guardian may ask to see, correct or delete a child's information at any time. Contact the operator running the program, or write to us at admin@usegameday.com and we will route it to them.

1.What cookies are

A cookie is a small text file stored on your device when you visit a website. Cookies let a site remember your actions and preferences, keep you signed in, and understand how the site is used. We also use similar technologies such as local storage and tracking pixels, and this policy covers those too.

2.Why we use them

We use cookies to keep the platform working, to remember you between visits, to understand which pages and features are used, and to measure whether our marketing reaches the right people. Some are set by us, others by the providers listed below.

3.The categories we use

4.Third parties that set cookies

• Stripe for payment processing and fraud prevention. These are strictly necessary during checkout.
• Google Analytics and Google Ads for usage measurement and advertising measurement.
• Meta for advertising measurement, where an operator enables it.
• Klaviyo for email engagement and cart recovery.
• YouTube when a video is embedded on a page.

Each provider sets its cookies under its own privacy policy. Details of who we work with are in our Privacy Policy.

5.How long they last

Session cookies are deleted when you close your browser. Persistent cookies stay until they expire or you delete them, typically from a few days for a cart up to about two years for analytics. Providers set their own lifetimes.

6.Managing cookies

Every major browser lets you see the cookies stored, delete them, and block new ones. Blocking strictly necessary cookies will break sign-in and checkout. Look under Settings, then Privacy, in Chrome, Safari, Firefox or Edge.

• To opt out of Google Analytics across all sites, install Google's browser add-on.
• To manage advertising preferences, use the ad settings offered by Google and Meta.
• Where a cookie banner is shown, your choice is stored and applied on your next visit. You can change it at any time by clearing cookies for the site.

7.Do Not Track and Global Privacy Control

Browsers handle Do Not Track inconsistently and there is no agreed standard, so we do not respond to it. Where required by law, we treat a Global Privacy Control signal as an opt-out of sharing for advertising purposes.

8.Changes to this policy

We may update this policy as the tools we use change. The "last updated" date shows the current version.

9.Contact