Terms of Use — Walkup Pro

1. Acceptance

These Terms of Use ("Terms") are a binding legal agreement between you ("you" or "User") and Cedar Dynamics LLC ("Cedar Dynamics," "we," "us," or "our"). By downloading, installing, or using the Walkup Pro iOS application ("App"), you agree to these Terms. If you do not agree, do not download, install, or use the App.

2. Eligibility

You must be at least 18 years old to use Walkup Pro. If you are between 13 and 17 years old, you may use the App only with the consent and supervision of a parent or legal guardian who agrees to be bound by these Terms. The App is not intended for children under 13.

3. License Grant

Subject to your compliance with these Terms, Cedar Dynamics grants you a limited, non-exclusive, non-transferable, revocable license to download and use the App on Apple devices that you own or control, solely for your personal, non-commercial use in connection with recreational or amateur sporting events.

This license does not include the right to sublicense, sell, resell, or commercially exploit any aspect of the App. Cedar Dynamics may revoke this license at any time if you violate these Terms.

4. Intellectual Property

Cedar Dynamics retains all right, title, and interest in and to the App, including all software, designs, text, graphics, interfaces, and other intellectual property embodied therein. Nothing in these Terms transfers any ownership rights to you. "Walkup Pro," the Walkup Pro logo, and related marks are trademarks of Cedar Dynamics LLC.

5. Subscriptions & Payments

Walkup Pro offers monthly and yearly Pro subscriptions through the Apple App Store. Subscriptions renew automatically unless cancelled at least 24 hours before the end of the current billing period. You can manage or cancel subscriptions in iPhone Settings → Apple ID → Subscriptions.

A free 7-day trial is available to new subscribers. Your subscription begins billing at the end of the trial unless you cancel first.

All fees are processed by Apple and are non-refundable except as required by applicable law or Apple's refund policy. Cedar Dynamics reserves the right to change subscription pricing; any price change will take effect at the start of your next billing period after notice.

6. User Content

You retain ownership of any audio recordings, photos, text, or other content you create or import into the App ("User Content"). You are solely responsible for ensuring you have the necessary rights to use any User Content.

By using features that transmit User Content to our servers (such as AI generation, sharing, or cloud sync), you grant Cedar Dynamics a limited, worldwide, royalty-free license to process, transmit, and temporarily store that content solely for the purpose of providing the requested feature. We do not retain User Content longer than necessary to deliver the service.

7. Music & Audio Copyright Compliance

This is important — please read carefully.

Walkup Pro is a playback tool. The App does not own, license, sublicense, or distribute any third-party music. When you select a song from your Apple Music library, your personal audio files, or the iTunes catalog, you are directing the App to play content that you have independently obtained.

Cedar Dynamics makes no representation or warranty that your use of any music through the App is authorized, licensed, or lawful. Playing copyrighted music at a public venue or sporting event may constitute a public performance subject to licensing requirements from performing rights organizations (such as ASCAP, BMI, SESAC, or GMR). Many leagues, parks, and venues hold blanket performance licenses that cover this use — but many do not.

You are solely responsible for:

Ensuring that your playback of music complies with all applicable copyright and licensing laws.
Obtaining any public performance licenses required by your venue, league, or jurisdiction.
Complying with the terms of your Apple Music subscription or any other music service.

The App is intended for personal, recreational, non-commercial use at youth baseball, amateur league, and recreational sporting events where no admission is charged or where proceeds benefit a nonprofit organization. Use of the App for professional, commercial, or broadcast purposes is not authorized.

You agree to indemnify, defend, and hold harmless Cedar Dynamics from and against any claims, damages, losses, or expenses (including reasonable attorneys' fees) arising from or related to your use of third-party music through the App. See Section 13 (Indemnification) for full details.

Website music previews. The walkuppro.com website includes 30-second song previews sourced directly from the Apple iTunes Store via Apple's iTunes Search API. Each preview is accompanied by a "Listen on Apple Music" link that opens the song's page in Apple Music or the iTunes Store where the full song can be purchased or streamed. Apple, iTunes, iTunes Store, and Apple Music are trademarks of Apple Inc., used here for identification and attribution under applicable nominative fair use principles. Cedar Dynamics is not affiliated with, sponsored by, or endorsed by Apple Inc.

MLB rosters, records, stats & player photos. Team records, player season statistics, active rosters, and player headshots displayed on walkuppro.com are fetched directly from MLB Advanced Media's publicly accessible Stats API and image CDN at page load. Major League Baseball, MLB, and team names, logos, marks, and player likenesses are trademarks and intellectual property of MLB Advanced Media, L.P., the respective MLB Clubs, and the players. They are used here for identification, commentary, and attribution under applicable nominative fair use principles. Cedar Dynamics is not affiliated with, sponsored by, or endorsed by Major League Baseball, any MLB Club, or any MLB player.

8. AI-Generated Content

Walkup Pro offers optional AI-generated announcer audio and walkup music powered by third-party AI services. This content is generated at your request and delivered to your device. AI generation consumes credits that are included with your subscription tier or purchased separately.

AI-generated content is provided for personal, recreational use only. Cedar Dynamics does not guarantee the accuracy, quality, or appropriateness of AI-generated output. You are responsible for reviewing AI-generated content before use and for ensuring it is appropriate for your intended audience.

9. Prohibited Uses

You agree not to:

Reverse engineer, decompile, disassemble, or attempt to derive the source code of the App.
Use the App to create, store, or distribute illegal, harmful, abusive, defamatory, or infringing content.
Bypass, circumvent, or attempt to circumvent subscription requirements, credit limits, or security measures.
Use the App in a way that disrupts, degrades, or interferes with the service for other users.
Use the App for any commercial, broadcast, or professional purpose not expressly authorized by Cedar Dynamics.
Resell, redistribute, or sublicense the App or any content generated through it.
Use automated means (bots, scrapers, etc.) to access or interact with the App.

10. Termination

Cedar Dynamics may suspend or terminate your access to the App at any time, with or without notice, if you violate these Terms or if we discontinue the App. Upon termination, your license to use the App ends immediately. Sections that by their nature should survive termination (including Sections 4, 6, 7, 11, 12, 13, 14, and 15) will continue in effect.

You may terminate this agreement at any time by deleting the App from your devices and cancelling any active subscription.

11. Disclaimer of Warranties

THE APP AND ALL CONTENT, FEATURES, AND SERVICES PROVIDED THROUGH IT ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE. CEDAR DYNAMICS EXPRESSLY DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

CEDAR DYNAMICS DOES NOT WARRANT THAT THE APP WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. CEDAR DYNAMICS DOES NOT WARRANT THE ACCURACY, COMPLETENESS, OR USEFULNESS OF ANY AI-GENERATED CONTENT. YOUR USE OF THE APP IS AT YOUR SOLE RISK.

12. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL CEDAR DYNAMICS, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR AFFILIATES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, DATA, GOODWILL, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF OR INABILITY TO USE THE APP, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE) AND EVEN IF CEDAR DYNAMICS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

CEDAR DYNAMICS' TOTAL AGGREGATE LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR THE APP SHALL NOT EXCEED THE GREATER OF (A) THE AMOUNTS YOU HAVE PAID TO CEDAR DYNAMICS IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM, OR (B) FIFTY U.S. DOLLARS ($50.00).

Some jurisdictions do not allow the exclusion or limitation of certain damages. In such jurisdictions, the limitations above apply to the fullest extent permitted by law.

13. Indemnification

You agree to indemnify, defend, and hold harmless Cedar Dynamics and its officers, directors, employees, agents, and affiliates from and against any and all claims, demands, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or related to: (a) your use of the App; (b) your User Content; (c) your violation of these Terms; (d) your violation of any third-party rights, including copyright, trademark, or other intellectual property rights; or (e) your use of third-party music or audio content through the App.

14. Dispute Resolution & Arbitration

Please read this section carefully. It affects your legal rights, including your right to file a lawsuit in court.

Informal Resolution First

Before initiating any formal dispute proceeding, you agree to contact us at team@walkuppro.com and attempt to resolve the dispute informally for at least sixty (60) days.

Binding Arbitration

If the dispute is not resolved informally, you and Cedar Dynamics agree that any dispute, claim, or controversy arising out of or relating to these Terms or the App shall be resolved exclusively through final and binding arbitration administered by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules. The arbitration will be conducted by a single arbitrator and will take place in Wisconsin or at another mutually agreed location. The arbitrator's decision will be final and binding and may be entered as a judgment in any court of competent jurisdiction.

Class Action Waiver

YOU AND CEDAR DYNAMICS AGREE THAT EACH PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION. THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON'S CLAIMS AND MAY NOT PRESIDE OVER ANY FORM OF CLASS OR REPRESENTATIVE PROCEEDING.

Exceptions

Either party may bring a claim in small claims court if it qualifies. Either party may seek injunctive or equitable relief in any court of competent jurisdiction to prevent the actual or threatened infringement or misappropriation of intellectual property rights.

Opt-Out

You may opt out of this arbitration provision by sending written notice to team@walkuppro.com within thirty (30) days of first downloading or using the App. Your notice must include your name, mailing address, and a clear statement that you wish to opt out of arbitration. If you opt out, disputes will be resolved in the courts specified in Section 15.

15. Governing Law & Jurisdiction

Cedar Dynamics LLC is incorporated in the State of Wisconsin.

These Terms are governed by and construed in accordance with the laws of the State of Wisconsin, without regard to its conflict-of-law principles. If you opt out of arbitration under Section 14, any litigation shall be brought exclusively in the state or federal courts located in the State of Wisconsin, and you consent to the personal jurisdiction and venue of such courts.

16. Changes to These Terms

We may update these Terms from time to time. Material changes will be communicated through the App or by updating the "Last updated" date on this page. Your continued use of the App after such changes constitutes your acceptance of the updated Terms. If you do not agree to the revised Terms, you must stop using the App.

17. General Provisions

Severability. If any provision of these Terms is held invalid or unenforceable, that provision will be modified to the minimum extent necessary and the remaining provisions will continue in full force and effect.

Entire Agreement. These Terms, together with our Privacy Policy, constitute the entire agreement between you and Cedar Dynamics regarding the App and supersede all prior agreements and understandings.

Assignment. You may not assign or transfer these Terms or your rights hereunder without our prior written consent. Cedar Dynamics may assign these Terms without restriction, including in connection with a merger, acquisition, or sale of assets.

Waiver. Our failure to enforce any right or provision of these Terms shall not constitute a waiver of that right or provision. Any waiver must be in writing and signed by Cedar Dynamics.

Force Majeure. Cedar Dynamics shall not be liable for any failure or delay in performance due to causes beyond our reasonable control, including natural disasters, war, terrorism, pandemics, labor disputes, government actions, or failures of third-party services.

18. Contact

Email us at team@walkuppro.com.