Terms of Service

These Terms of Service (“Terms”) form a binding agreement between FalconEye-Faceoff Intelligence System LLC (“FalconEye,” “we,” “us”) and the team, program, school, athletic department, or individual coach that creates an account or is granted access to the FalconEye platform (“Customer,” “you”). By creating an account, signing an order form, or otherwise accessing the FalconEye platform (the “Service”), you agree to be bound by these Terms. If you are entering into these Terms on behalf of an organization, you represent that you have authority to bind that organization.

FalconEye provides a software platform for film breakdown, scouting analysis, tendency tracking, and practice-plan generation for faceoff and draw-control performance in lacrosse, along with related features such as live tracking, player comparison, and PDF report export (the “Service”). Features available to a given Customer may vary based on the subscription tier or plan purchased.

The Service is intended primarily for use by coaches, athletic staff, and administrators acting on behalf of a school, club, or athletic program. A coach or program administrator (“Super Admin”) may, at their discretion, provision a limited player account for a student-athlete; student-athletes do not self-register, and all such accounts are created and controlled by Customer’s authorized staff. Customer is responsible for maintaining the confidentiality of login credentials (including any player account credentials it provisions) and for all activity that occurs under its account. Customer agrees to provide accurate registration and billing information and to promptly update it as needed. Customer represents that it will not direct FalconEye to provision, and will not itself provision, a player account for any individual under the age of 13 without first ensuring that verifiable parental consent and any other legal requirements applicable under COPPA have been satisfied.

Access to paid features requires a subscription under the pricing plan, invoice, or order form agreed to by Customer. Fees are due as specified in the applicable invoice or order form. Unless otherwise stated, fees are non-refundable except as described in Section 13 (Term and Termination) or as required by law. FalconEye may suspend access for accounts with fees more than 30 days past due, after written notice.

“Customer Content” means video footage, scouting notes, player data, statistics, and any other material that Customer or its authorized users upload to or generate within the Service. As between the parties, Customer retains all ownership rights in Customer Content. Customer grants FalconEye a limited, non-exclusive, worldwide license to host, store, process, analyze, and display Customer Content solely as necessary to provide, maintain, and improve the Service for Customer. FalconEye will not sell Customer Content or use it to train models or provide services for the benefit of unrelated third parties without Customer’s separate written consent. Customer represents that it has all rights and consents necessary to upload video footage and player data to the Service, including any consents required under school, district, or league policy regarding student-athlete image and data use.

FalconEye may aggregate anonymized win-percentage-style performance data across multiple Customers into an internal “Community Rankings” tool used solely by FalconEye for reporting and product-improvement purposes, and is never shown to other Customers or programs. FalconEye may also publish a limited public rankings list, showing a player’s name, school, and a composite “FalconEye Score” (a single blended rating derived from performance data, not raw statistics such as win/loss counts, violation counts, or scouting notes), sourced only from players who meet FalconEye’s minimum program-corroboration and sample-size thresholds for inclusion. Customer may opt its program out of having any of its scouted data contribute to the public rankings list at any time by written request to FalconEye; opting out does not affect participation in the internal Community Rankings tool described above. FalconEye does not sell or license underlying scouting statistics to any third party without Customer’s separate written consent.

For any personal data relating to student-athletes, coaches, or other individuals that Customer submits to the Service, Customer acts as the data controller (or equivalent role under applicable law) and FalconEye acts solely as a service provider/processor acting on Customer’s instructions, as further described in the FalconEye Privacy Policy. Customer is responsible for ensuring it has the appropriate legal basis, notices, and — where applicable — parental or guardian consent to share such data with FalconEye, including compliance with FERPA, COPPA, or comparable state student-data-privacy laws that may apply to its own use of the Service.

Where Customer is a U.S. public or federally funded educational institution (or is acting on behalf of one) and student-athlete data submitted to the Service constitutes an “education record” under the Family Educational Rights and Privacy Act (“FERPA”), FalconEye will act as a “school official” with a legitimate educational interest, performing an institutional service or function for which Customer would otherwise use its own employees, and will be under Customer’s direct control with respect to the use and maintenance of education records, consistent with 34 C.F.R. § 99.31(a)(1). FalconEye will use such data only for the purposes of providing the Service to Customer, will not disclose it to third parties except as Customer directs or as required by law, and will not use it for any independent purpose of FalconEye’s own. Customer remains responsible for determining whether FERPA applies to its use of the Service and for providing any notices to parents, guardians, or eligible students required under FERPA or its own institutional policies.

The Service is not designed or marketed for use directly by children under 13, and student-athlete accounts, where provisioned, are created and controlled by Customer’s coaching or administrative staff rather than by the child. To the extent Customer provisions a player account, or submits Customer Content containing personal information, for an individual under 13, Customer represents that it has obtained any consent required under the Children’s Online Privacy Protection Act (“COPPA”) — including, where applicable, relying on the exception permitting a school to consent on parents’ behalf for personal information collected for school-authorized educational purposes — and that it will provide any notices required to parents or guardians. FalconEye does not knowingly collect personal information directly from children under 13 outside of Customer Content submitted by Customer in this manner, and will reasonably cooperate with Customer’s requests to review, correct, or delete such information.

Customer and its authorized users agree not to: upload content that infringes another party’s intellectual property or privacy rights; use the Service to harass, defame, or violate the rights of any player, coach, or opposing program; attempt to reverse-engineer, decompile, or extract the underlying source code or models of the Service; share login credentials outside of authorized program staff, or resell/sublicense access to the Service without FalconEye’s written consent; or use the Service in a manner that violates any applicable league, conference, or governing-body rule regarding scouting or film exchange.

The Service, including its software, glossary terminology, user interface, and underlying technology, is owned by FalconEye and protected by copyright and other intellectual property laws. Except for the limited rights expressly granted in these Terms, no rights are transferred to Customer.

FalconEye respects the intellectual property rights of others and expects Customers to do the same. If you believe that content hosted on the Service infringes your copyright, you may submit a notice to FalconEye’s designated agent that includes: (a) identification of the copyrighted work claimed to be infringed; (b) identification of the allegedly infringing material and its location on the Service; (c) your name, address, telephone number, and email address; (d) a statement that you have a good-faith belief that the use is not authorized by the copyright owner, its agent, or the law; and (e) a statement, made under penalty of perjury, that the information in the notice is accurate and that you are authorized to act on behalf of the copyright owner. Notices should be sent to FalconEye’s designated DMCA agent: Christopher J. O’Connor, Founder, FalconEye-Faceoff Intelligence System LLC, chris@falconeyefaceoff.com, 502 W 7th St STE 100, Erie, PA 16502. FalconEye will respond to valid notices in accordance with the Digital Millennium Copyright Act, 17 U.S.C. § 512, including by removing or disabling access to allegedly infringing material and, in appropriate circumstances, terminating the accounts of repeat infringers.

Each party agrees to protect the other’s confidential information (including non-public scouting data, pricing, and business information) using at least the same degree of care it uses for its own confidential information of a similar nature, and not to disclose it to third parties except as necessary to perform under these Terms or as required by law.

FalconEye will use commercially reasonable efforts to provide the Service in a manner consistent with general industry standards. Except as expressly stated, the Service is provided “as is” without warranties of any kind, whether express or implied, including warranties of merchantability, fitness for a particular purpose, or non-infringement. FalconEye does not warrant that scouting analysis, tendency predictions, or AI-generated insights will be accurate, complete, or lead to any particular competitive outcome.

To the maximum extent permitted by law, neither party will be liable for any indirect, incidental, special, consequential, or punitive damages arising out of or related to these Terms or the Service. FalconEye’s total aggregate liability arising out of or related to these Terms will not exceed the fees paid by Customer to FalconEye in the twelve (12) months preceding the claim.

Customer agrees to indemnify and hold FalconEye harmless from third-party claims arising out of (a) Customer Content, including any claim that Customer lacked the rights or consents necessary to upload it, or (b) Customer’s breach of these Terms or violation of applicable law.

These Terms remain in effect for as long as Customer maintains an active subscription or account. Either party may terminate for convenience upon 30 days’ written notice, or immediately upon the other party’s material breach that remains uncured for 15 days after notice. Upon termination, Customer’s right to access the Service ends, subject to the data return/deletion provisions below.

Upon termination or expiration of Customer’s subscription, FalconEye will make Customer Content available for export for a period of 30 days, after which FalconEye may delete Customer Content from active systems, except as retained in routine backups or as required by law.

Neither party will be liable for any failure or delay in performance to the extent caused by circumstances beyond its reasonable control, including acts of God, natural disaster, fire, flood, war, terrorism, civil unrest, labor disputes, internet or utility failures, or governmental action, provided the affected party uses reasonable efforts to resume performance as soon as practicable.

FalconEye may send notices to Customer using the email address associated with Customer’s account, or through an in-app notification; such notices are deemed received when sent. Customer must send legal notices to FalconEye at chris@falconeyefaceoff.com and 502 W 7th St STE 100, Erie, PA 16502; such notices are deemed received upon actual receipt.

These Terms are governed by the laws of the State of Pennsylvania, without regard to conflict-of-laws principles. The parties agree to attempt to resolve any dispute informally for at least 30 days before initiating formal proceedings. Any dispute arising out of or relating to these Terms or the Service that cannot be resolved informally will be litigated exclusively in the state or federal courts located in Erie, Pennsylvania, and both parties consent to jurisdiction there.

FalconEye may update these Terms from time to time. Material changes will be communicated to Customer via email or in-app notice at least 15 days before taking effect. Continued use of the Service after the effective date of updated Terms constitutes acceptance.

These Terms, together with any order form, invoice, or Data Processing Addendum, constitute the entire agreement between the parties regarding the Service and supersede any prior agreements on the subject. Neither party may assign these Terms without the other’s written consent, except in connection with a merger, acquisition, or sale of substantially all assets. If any provision is held unenforceable, the remaining provisions remain in full force and effect. FalconEye’s failure to enforce any provision is not a waiver of its right to do so later.

Questions about these Terms should be directed to: chris@falconeyefaceoff.com, 502 W 7th St STE 100, Erie, PA 16502.