Terms of Service

These Terms of Service (“Terms”) govern your access to and use of the Tournament Builder software, website, online services, live bracket services, and related features (collectively, the “Services”) provided by Tournament Builder LLC, a Pennsylvania limited liability company (“Tournament Builder,” “we,” “us,” or “our”).

By creating an account, downloading or using Tournament Builder, starting a free trial, purchasing a subscription, or otherwise accessing the Services, you agree to these Terms. If you do not agree, you may not use the Services.

1. Tournament Builder Software

Tournament Builder is tournament-management software designed to assist tournament directors and organizers with player registration, tournament setup, bracket management, handicapping systems, table assignments, tournament history, player auctions, Break & Run jackpots, live brackets, payout calculations, and related functions.

Tournament Builder is a management tool. The tournament director or organizer remains responsible for operating the tournament and reviewing information generated or displayed by the software.

2. Accounts

Certain features require a registered account. You are responsible for maintaining the confidentiality of your login credentials and for activity through your account. Accounts are intended for the registered account holder and may not be sold, transferred, rented, shared, or made available to another person or organization without authorization from Tournament Builder LLC.

3. Software License

Subject to these Terms and payment of applicable fees, Tournament Builder LLC grants you a limited, non-exclusive, non-transferable, revocable license to install and use Tournament Builder for its intended purpose. A subscription does not transfer ownership of the software.

Unless otherwise authorized, one subscription may be activated on up to two computers for use by the account holder. This allowance does not create a second-user license or permit account sharing. Authorized users may deactivate an old computer and activate a replacement, subject to the available account controls.

4. Restrictions on Use

You may not, except where prohibited by applicable law: copy, sell, sublicense, rent, lease, or redistribute Tournament Builder without written authorization; share credentials to avoid additional subscriptions; circumvent licensing, activation, authentication, subscription, update, or security systems; reverse engineer, decompile, disassemble, or attempt to obtain source code except where expressly permitted by law; create unauthorized derivative versions; remove ownership notices; use the Services to distribute malware or gain unauthorized access; or fraudulently obtain trials, promotions, subscriptions, or other benefits.

5. Free Trials

Tournament Builder may offer free trials to eligible users. Trial duration, functionality, and eligibility may vary and will be disclosed when offered. Tournament Builder may limit repeated trials and take reasonable measures to prevent abuse. If a trial converts to a paid recurring subscription, the applicable price and recurring billing terms will be disclosed before authorization.

6. Subscriptions and Recurring Billing

Certain Services require a paid subscription. Prices and billing intervals are displayed when purchased. By purchasing a recurring subscription, you authorize Tournament Builder LLC and its payment processor to charge the applicable subscription fee to your selected payment method at each renewal until canceled. Applicable taxes may be added where required.

7. Promotional Pricing

Tournament Builder may offer promotional, introductory, launch, or discounted pricing. The duration and conditions will be disclosed with the offer. Unless otherwise stated, after the promotional period the subscription renews at the regular price disclosed when the offer was accepted.

8. Cancellation

You may cancel a subscription at any time through the cancellation options provided by Tournament Builder or by contacting us where appropriate. Unless otherwise stated, cancellation prevents future renewal charges but paid access remains available through the end of the billing period already paid for.

9. Refunds

Except where required by applicable law, subscription payments are generally non-refundable once the applicable billing period has begun. Tournament Builder LLC may, at its discretion, provide a refund or account credit in exceptional circumstances, including duplicate or erroneous charges. This does not limit non-waivable consumer rights.

10. Price Changes

Tournament Builder LLC may change subscription pricing. Any change affecting an existing recurring subscription will be communicated in advance as required by applicable law and will not retroactively alter a billing period already paid.

11. Software Updates

Tournament Builder may receive updates containing bug fixes, security improvements, compatibility changes, interface changes, new or modified features, and other improvements. An active subscription may be required for certain updates or online functionality. We may modify, replace, add, or discontinue individual features as the product evolves.

12. Tournament Information and Calculations

Tournament Builder may assist with brackets, handicaps, race lengths, player auctions, prize payouts, Break & Run jackpots, financial calculations, placements, and related information. Software errors, incorrect settings, user input, or configuration errors can produce incorrect information.

Tournament directors and organizers are responsible for reviewing and verifying tournament information, results, financial calculations, prize payouts, auction amounts, jackpot amounts, race lengths, handicaps, and other material information before relying upon it or distributing money or prizes.

Tournament Builder LLC does not assume responsibility for entry fees, prize funds, auctions, side pots, jackpots, wagers, payments, or other funds controlled by organizers or participants.

13. Local Data and Backups

Tournament Builder may store tournament, player, configuration, history, and related information locally on your computer. Users are responsible for maintaining appropriate backups. Tournament Builder LLC does not guarantee recovery of lost, deleted, corrupted, damaged, or inaccessible local data. Subscription cancellation does not, by itself, intentionally delete the user's locally stored tournament database.

14. Live Brackets and Online Services

Tournament Builder may allow tournament information or brackets to be shared through a public or shareable webpage. Information intentionally published through a Live Bracket may be viewable by anyone with access to the page or link and may be publicly accessible. Tournament directors are responsible for deciding what information to publish and for complying with applicable obligations regarding participant information.

15. Cloud Data Retention

Tournament Builder may retain information necessary to provide accounts, licensing, subscriptions, Live Brackets, and online Services. Following cancellation, expiration, prolonged inactivity, or termination, Tournament Builder LLC may delete cloud-hosted tournament or Live Bracket information after a reasonable retention period. Users should not rely on our online systems as permanent archival storage.

16. Availability of Online Services

We work to keep online Services available but do not guarantee uninterrupted or error-free availability. Services may be unavailable because of maintenance, updates, internet or hosting failures, cybersecurity incidents, technical problems, or circumstances outside our reasonable control.

17. Third-Party Services

Tournament Builder may rely on third-party payment processing, hosting, infrastructure, or other technology providers. Use of those services may also be subject to their terms and privacy practices. Tournament Builder LLC is not responsible for outages, interruptions, changes, or actions caused solely by independent third parties outside our reasonable control.

18. Intellectual Property

Tournament Builder, including its software, source code, object code, website, interfaces, graphics, designs, logos, branding, documentation, and other original materials, is owned by or licensed to Tournament Builder LLC and protected by applicable intellectual-property laws. No ownership interest is transferred through a trial, subscription, download, installation, or use.

19. Feedback

If you voluntarily provide suggestions, ideas, bug reports, feature requests, or other feedback, you permit Tournament Builder LLC to use that feedback to develop, improve, or modify its products and Services without an obligation to compensate you.

20. Suspension and Termination

Tournament Builder LLC may suspend or terminate access where reasonably necessary because of material violations of these Terms, piracy, unauthorized redistribution, license circumvention, fraudulent activity, unauthorized account sharing, attacks on our infrastructure, abuse of trials or promotions, illegal use, or conduct that materially threatens the security or operation of Tournament Builder or its users.

21. Disclaimer of Warranties

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, TOURNAMENT BUILDER AND THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” Tournament Builder LLC disclaims warranties not expressly provided in these Terms, including implied warranties of merchantability, fitness for a particular purpose, and non-infringement to the extent they may lawfully be disclaimed. We do not warrant that the software will be completely error-free or that online Services will always be available.

22. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, TOURNAMENT BUILDER LLC AND ITS OWNERS, MEMBERS, EMPLOYEES, CONTRACTORS, AND AGENTS WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES ARISING FROM OR RELATED TO USE OF THE SERVICES.

This includes, where permitted by law, losses resulting from lost tournament data, lost profits, tournament delays, incorrect brackets, incorrect payouts, lost prize money, player auctions, jackpots, business interruption, or inability to access online Services. To the maximum extent permitted by law, aggregate liability arising from the Services will not exceed the amount paid by the user to Tournament Builder LLC during the 12 months immediately preceding the event giving rise to the claim.

23. Indemnification

To the extent permitted by law, you agree to indemnify and hold harmless Tournament Builder LLC and its owners, members, employees, contractors, and agents from third-party claims, liabilities, damages, and reasonable costs arising from your unlawful use of the Services, material violation of these Terms, or operation of tournaments in a manner that violates applicable law or another person's rights.

24. Governing Law

These Terms are governed by the laws of the Commonwealth of Pennsylvania, without regard to conflict-of-law principles, except where applicable law requires otherwise. Non-waivable consumer rights remain unaffected.

25. Changes to These Terms

Tournament Builder LLC may update these Terms as the Services, business, or legal requirements change. For material changes, we may provide notice through the website, software, account system, email, or another reasonable method. The Last Updated date identifies the latest revision.

26. Severability

If any provision is determined to be invalid or unenforceable, the remaining provisions will continue in effect to the extent permitted by law.

27. Entire Agreement

These Terms, together with policies or additional terms expressly incorporated into them, constitute the agreement between you and Tournament Builder LLC concerning use of the Services, except for separately executed written agreements.

28. Contact

Tournament Builder LLC
Pennsylvania, United States
Email: [email protected]