Terms of use

1Agreement

These Terms are an agreement between you and 360 Motion Labs (“we”, “us”) for the App. By checking the required box or boxes and selecting I AGREE in the App, you expressly accept these Terms. To the extent permitted by law, installing or continuing to use the App after having an opportunity to review these Terms also confirms your acceptance. If you do not agree, select Decline, do not use the App, and uninstall it.

2Who accepts, and responsibility for others

The person who accepts these Terms (“you”) must be an adult with legal capacity to enter into this agreement where they live, accepting for themselves as the player, or a parent or legal guardian accepting for a minor player. A minor may not accept these Terms on their own behalf. If the player is a minor, a parent or legal guardian must personally review and accept these Terms before permitting the minor to use the App. You may not permit a minor to use the App unless the minor's parent or legal guardian has completed that acceptance.

In these Terms, “Other Users” means everyone other than you who uses the App on your headset or Meta account, including a minor for whom you accept these Terms and any other adult or minor you allow to use the App.

You may not accept these Terms on behalf of another adult. Before you permit another adult to use the App on your headset or Meta account, you must ensure that adult has had an opportunity to read and expressly agree to these Terms for themselves. You may not permit anyone to use the App until that person's required acceptance under this Section has been completed.

By accepting, you agree that you are responsible for:

• (a) your own safety while using the App;
• (b) the safety and supervision of every Other User who is a minor, including making sure the minor is physically able to take part and follows these Terms and all safety instructions;
• (c) the condition and safety of the space where the App is used, including checking that the required clear area remains clear throughout the session;
• (d) making sure every Other User has completed the acceptance this Section requires, receives the safety information and follows these Terms; and
• (e) not bypassing, disabling or helping anyone bypass any safety notice, boundary, age gate, acceptance screen or other protective feature in the App or headset.

As between you and us, you are responsible for the use of the App by Other Users to the extent set out in Sections 3, 5 and 9. Nothing in these Terms permits you to waive the independent rights of another adult who has not personally agreed to these Terms, or of a minor whose own parent or legal guardian has not accepted them.

3Health and safety

The App asks a player to crouch, squat, kneel, lunge, reach, turn quickly and drop to their knees, as a catcher does. These movements can cause falls, impacts and other injuries. Before and during every session:

• Clear at least 6 ft (2 m) in every direction from the player's starting position, including sufficient space behind, beside and above the player for a full reach and lunge. Stay away from walls, furniture, stairs, balconies, windows, glass, ceiling fans, light fixtures, low ceilings, people, pets and other hazards.
• Use the App only on a stable, level, dry, non-slip floor at ground level. Do not use it on a raised platform or near an unprotected edge. If you use a mat or knee protection, make sure it is secure, flat, non-slip and cannot bunch, slide or create a trip hazard.
• Keep all other people and pets outside the play area while a session is in progress. Stop the session before anyone enters the play area.
• Keep Meta's boundary or other available safety boundary turned on and correctly configured, but do not rely on it, passthrough, collision warnings, tracking, the App, or any visual indicator as a substitute for physically checking and maintaining a safe space.
• Wear controller wrist straps and use the headset, controllers and any accessories according to the manufacturer's instructions. Stop if the headset or controllers become loose, tracking is lost, the boundary is unavailable, or equipment is not working correctly.
• Do not try to catch, block, touch or interact with real objects while responding to virtual balls or other virtual objects.
• Do not use the App while impaired by alcohol, drugs, medication, illness, severe fatigue, dizziness or anything else that could affect balance, judgment, vision or reaction time.
• Consult a qualified health professional before use if you are pregnant, have a heart, breathing, back, knee, joint, balance or neurological condition, have recently had surgery or an injury, have been advised to limit physical activity, or have any condition that physical exertion could affect.
• Some people can experience seizures or blackouts triggered by flashing lights or visual patterns. If you or anyone in your family has had such a condition, consult a qualified health professional before use.
• Stop immediately if you feel pain, dizziness, nausea, eye strain, disorientation, shortness of breath, unusual fatigue or other discomfort. Do not continue through pain. Resume only when symptoms have fully passed and it is safe to do so; seek medical advice when appropriate. Take regular breaks.
• Follow all current Meta health and safety warnings, age requirements and parental supervision requirements that apply to your headset and account.
• Children must be supervised by a responsible adult throughout use. The supervising adult must remain close enough to stop play immediately if the child leaves the safe area, becomes fatigued, or does not follow instructions.

4Training content

The App's pitches, scores, grades, replays, movement analysis and technique feedback are simulated approximations for practice. They can be incomplete, delayed or wrong. They are not professional coaching, medical, fitness, physical therapy or safety advice. We do not promise that the App will improve performance or prevent injury, and it does not replace real-world training with proper protective equipment, qualified coaching, appropriate conditioning, medical advice when needed, or adult supervision.

5ASSUMPTION OF RISK; RELEASE AND WAIVER OF CLAIMS

IMPORTANT - PLEASE READ CAREFULLY. This section affects legal rights relating to physical injury, death and property damage. It applies only to the maximum extent permitted by applicable law.

You understand that using the App involves physical movement and inherent and other risks, including falls, collisions, trips, knee impacts, strains, sprains, repetitive-motion injuries, motion sickness, disorientation and other bodily injury, which can in rare cases be serious or fatal. Risks may arise from your movement or judgment, the actions of Other Users or third parties, the condition of the play area, failure to follow warnings, or errors, latency, loss of tracking, boundary failures, defects or malfunctions in the App, headset, controllers, sensors or other equipment. You knowingly and voluntarily assume these risks for yourself.

To the fullest extent permitted by law, you release, waive and covenant not to sue 360 Motion Labs and its affiliates, licensors, and each of their respective owners, officers, directors, employees, agents, contractors, successors and assigns (collectively, the “Released Parties”) for claims arising from or relating to risks inherent in or reasonably connected with using the App, including claims for personal injury, death or property damage based on the ordinary negligence of a Released Party. This release does not apply to gross negligence, reckless or intentional misconduct, fraud, or any liability that applicable law does not allow to be released or waived.

If you are a parent or legal guardian accepting for a minor, you make the agreements in this Section for yourself and, only to the extent permitted by applicable law, on behalf of the minor. If the law where you live does not permit advance waiver of a minor's claims, this Section does not waive those non-waivable claims; however, your own assumption of risk, supervision obligations, agreements and any enforceable indemnity obligations remain in effect.

6License

We grant you a limited, non-exclusive, non-transferable, revocable license to install and use the App for personal, non-commercial use on Meta Quest devices associated with the Meta account that obtained it, as the Meta Horizon Store allows. You may not copy, modify, distribute, sell, rent or sublicense the App, reverse engineer it except where the law allows, circumvent safety or access controls, or use it commercially (for example in paid lessons, camps, clinics or at a training facility) without our written permission. Team, school, coach and facility use may require a separate commercial license and additional safety terms. We and our licensors retain all rights in the App. Third-party components are covered by their own licenses, listed in the App's About tab.

7No warranties

To the maximum extent permitted by law, the App is provided “as is” and “as available”, without warranties of any kind, express or implied, including warranties of merchantability, fitness for a particular purpose, accuracy, availability, non-infringement, safety or results. We do not warrant that the App, scoring, tracking, movement analysis, boundary displays, warnings or other features will be error-free, accurate, complete, uninterrupted or sufficient to prevent a collision or injury. We do not control or warrant Meta hardware, system software, tracking, passthrough, boundary features, networks or other third-party products or services.

8Limitation of liability

Without limiting Section 5, and to the maximum extent permitted by law, the Released Parties will not be liable for personal injury, death or property damage arising from risks you assumed or claims you released under Section 5, or for any indirect, incidental, special, exemplary, consequential or punitive damages, loss of profits, loss of data, loss of opportunity or similar damages arising out of or related to the App or its use by you or Other Users, regardless of the legal theory and even if we have been told such damage is possible.

To the maximum extent permitted by law, the aggregate liability of the Released Parties for all claims arising out of or relating to the App or these Terms will not exceed the amount you actually paid for the App. Some jurisdictions do not allow certain exclusions, waivers or limits. In those jurisdictions, these provisions apply only to the maximum extent permitted by law, and nothing in these Terms excludes or limits liability that cannot lawfully be excluded or limited.

9Indemnity

To the extent permitted by law, you agree to defend, indemnify and hold harmless the Released Parties from claims, demands, actions, losses, liabilities, damages, judgments, settlements, penalties, costs and reasonable legal fees arising out of or related to: (a) your use or misuse of the App; (b) use of the App by an Other User you permitted to use it; (c) an unsafe or unsuitable play area under your control; (d) your failure to supervise a minor or to provide required safety information; (e) your permitting anyone to use the App before the acceptance required by Section 2 has been completed; (f) your violation of law or third-party rights; or (g) your breach of these Terms. This Section does not require indemnification to the extent prohibited by applicable law or to the extent a claim results from conduct for which applicable law does not permit indemnification.

10Meta and third-party hardware

This agreement is between you and 360 Motion Labs, not Meta Platforms, Inc. Meta is not responsible for the App or our support obligations. Your Meta account, headset, controllers, Meta Horizon Store purchase and Meta platform services are governed by Meta's own terms and policies, which also apply to your use of those products and services. We do not manufacture or control the headset, controllers, tracking system, boundary system or other third-party hardware or platform services.

11Updates, changes and ending

We may update the App and these Terms. References to the App include all updates, upgrades and new versions of it that we provide. An update to the App does not by itself change these Terms or end your acceptance of them: the version of these Terms you most recently accepted continues to apply to your use of the App, including any updated version of it, until you accept a newer version of these Terms. When the Terms change in substance, the App will show the new version and require acceptance before continued use. If you do not accept a new version, you must stop using the App, and the version you previously accepted continues to govern your earlier use of it. We may also require renewed acceptance of a safety or risk notice when appropriate. These Terms remain in effect until ended. They end automatically if you materially breach them; you may end them at any time by uninstalling the App. Sections 5, 7, 8, 9, 13 and 14, and any other provisions that by their nature should survive, continue after termination.

12Privacy

The App currently keeps your settings, scores and the locally stored record of Terms acceptance on your headset and does not send those items to us. Meta and other platform providers may independently process information under their own terms and privacy policies. See our privacy policy. If our data practices change, we will update the privacy policy and, where required, the App before collecting new information.

13Governing law and disputes

These Terms, and any dispute or claim arising out of or relating to them or to the App (including non-contractual disputes or claims), are governed by the laws of the Commonwealth of Pennsylvania, United States, without regard to its conflict-of-laws rules. The United Nations Convention on Contracts for the International Sale of Goods does not apply.

Any legal action or proceeding arising out of or relating to these Terms or the App must be brought only in the state courts located in Chester County, Pennsylvania (which serve Phoenixville, Pennsylvania), or in the United States District Court for the Eastern District of Pennsylvania, and you and we consent to the personal jurisdiction and venue of those courts.

Nothing in these Terms takes away rights you have as a consumer under the laws of the place where you live that cannot be waived by contract, including any right to bring a claim in the courts where you live.

14General

If any provision of these Terms is found invalid or unenforceable, it will be enforced to the maximum extent permitted by law and, where permitted, modified only as much as necessary to make it enforceable; the remaining provisions stay in effect. These Terms are the entire agreement between you and us about the App, except for any separate written commercial agreement that expressly applies. Our failure to enforce a provision is not a waiver. You may not transfer these Terms without our consent; we may transfer them to an affiliate, successor or purchaser of the App or our business. Headings are for convenience only.

15Contact

Questions about these Terms: