Version 1.0·Effective May 11, 2026
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GameDay Music Platform — Terms of Service

Version: 1.0 Effective Date: May 11, 2026 Last Updated: May 11, 2026

These Terms of Service ("Terms") form a binding agreement between you and GameDay Music LLC, an Illinois limited liability company ("GameDay Music," "we," "us," or "our"), governing your use of the GameDay Access platform, including the website at access.gamedaymusic.app and any related software, services, or content (collectively, the "Platform").

By creating an account, using the Platform, or making a booking through the Platform, you agree to these Terms. If you do not agree, do not use the Platform.

1. Definitions

  • "Platform" means the GameDay Access software-as-a-service product operated by GameDay Music.
  • "Operator" means a business or individual that uses the Platform to manage and accept bookings for an athletic facility (e.g., a batting cage facility, training center, or similar venue).
  • "End Customer" or "Customer" means an individual who books and pays for access to an Operator's facility through the Platform.
  • "You" refers to the person agreeing to these Terms, whether as an Operator, an End Customer, or any other user.
  • "Booking" means a reservation for time at an Operator's facility, made and paid for through the Platform.

2. Eligibility

You must be at least eighteen (18) years of age to create an account on the Platform or make a booking. By using the Platform, you represent that you are 18 or older.

If you are booking facility time for a minor (such as your child or a child in your care), you remain the responsible party on the booking. The minor is the participant in the facility activity, but you are the contracting party with both GameDay Music and the Operator.

3. Accounts

To make bookings or operate a facility on the Platform, you must register for an account. You agree to:

  • Provide accurate, current, and complete information when registering
  • Maintain the security of your password and account credentials
  • Notify us immediately of any unauthorized use of your account
  • Accept responsibility for all activity that occurs under your account

We may suspend or terminate accounts for any violation of these Terms or for activity we reasonably believe is fraudulent, abusive, or harmful to the Platform, Operators, or other users.

4. For Operators

4.1 Platform Services for Operators

When you register as an Operator, the Platform provides software for managing your facility's bookings, including but not limited to: facility and area configuration, customer management, scheduling, smart lock integration, credit balance management, and payment processing through Stripe Connect.

4.2 Stripe Connect

To accept payments through the Platform, you must create and maintain a Stripe Connect Express account. You separately agree to Stripe's terms of service, including the Stripe Connected Account Agreement, available at https://stripe.com/connect-account/legal. GameDay Music is not a party to the Stripe agreements between you and Stripe.

4.3 Platform Fees

We charge a platform fee on each Booking processed through the Platform of 3.5% of the booking amount plus $1.00 per transaction (the "Platform Fee"). The Platform Fee is inclusive of Stripe payment processing fees — you receive the booking amount minus the Platform Fee, with no separate Stripe processing charges deducted from your payout.

You may, at your option, configure your account to pass the Platform Fee through to your Customers as a separate "Service fee" line item at checkout. In that case, the Customer pays the booking amount plus the Platform Fee, and you receive the full booking amount.

We may change the Platform Fee from time to time on at least thirty (30) days' notice to you by email or through the Platform. Continued use of the Platform after a fee change constitutes acceptance.

4.4 Refunds and Cancellations

You are responsible for setting and communicating your own cancellation and refund policy to your Customers. The Platform provides configurable tools for you to do so.

When you issue a refund through the Platform, you may choose between two refund modes:

  • Full refund: The Customer receives the full amount paid. The Platform Fee is also refunded, and you receive nothing for the booking.
  • Booking amount only: The Customer receives the booking amount minus the Platform Fee. The Platform Fee is retained by GameDay Music.

You acknowledge that under Stripe's destination-charge model, the operator's share of a partial refund is reversed proportionally to the refund amount, which may result in a small residual amount remaining on either side.

4.5 Disputes and Chargebacks

If an End Customer disputes a payment with their card issuer (a "chargeback"), GameDay Music will deduct the disputed amount, plus any chargeback fees imposed by Stripe, from your next payout. You are responsible for the underlying chargeback, including any associated fees. You authorize GameDay Music to recover these amounts from your Stripe Connect balance or future payouts.

If your account balance is insufficient to cover a chargeback, you remain liable to GameDay Music for the deficit, and we may pursue collection through any lawful means.

4.6 Tax Reporting

Stripe Connect handles 1099-K reporting for payments processed to your connected account in accordance with applicable IRS thresholds. You are responsible for reporting your own income and complying with all applicable tax laws. GameDay Music does not provide tax advice.

4.7 Operator Customer Agreements

You may configure your own Customer Agreement (such as a liability waiver, hold harmless statement, or facility-specific terms) for End Customers to acknowledge at the time of booking. You are solely responsible for the content, enforceability, and legal sufficiency of your Customer Agreement. GameDay Music does not review, endorse, or guarantee the legal effect of Operator-provided Customer Agreements.

You represent and warrant that any Customer Agreement you configure complies with all applicable laws in your jurisdiction, including laws governing liability waivers, parental waivers of minors' claims (where applicable), and consumer protection laws.

4.8 Operator Termination

You may terminate your use of the Platform at any time by contacting us at admin.access@gamedaymusic.app. Termination does not relieve you of obligations for fees, chargebacks, or refunds attributable to bookings made before termination.

GameDay Music may suspend or terminate your account for breach of these Terms, fraudulent activity, regulatory or legal compliance reasons, repeated chargebacks, or behavior that materially harms the Platform, other Operators, or End Customers. We will make commercially reasonable efforts to give you advance notice except where immediate suspension is necessary.

5. For End Customers

5.1 Booking and Payment

When you make a Booking through the Platform, you are entering into an agreement with the Operator of the facility for the reservation. GameDay Music acts as a payment processor and software provider; the underlying service is provided by the Operator.

Payment for Bookings is processed through Stripe. By making a Booking, you authorize the charge of the displayed amount to your selected payment method.

5.2 Cancellations and Refunds

Each Operator sets its own cancellation and refund policy, which is displayed at the time of booking and in your booking confirmation. Refund eligibility, timing, and any applicable cancellation fees are determined by the Operator's policy.

GameDay Music processes refunds as instructed by the Operator. We are not responsible for the Operator's refund policy or for refund disputes between you and the Operator.

5.3 Operator Customer Agreements

When you book at a particular facility, the Operator of that facility may require you to acknowledge a Customer Agreement (such as a liability waiver). The content of the Operator's Customer Agreement is between you and the Operator. GameDay Music records your acknowledgment with timestamp, IP address, and user agent for evidence purposes, but is not a party to the Customer Agreement.

5.4 Conduct at Facilities

You agree to comply with all rules, policies, and instructions of the Operator and its facility staff. GameDay Music is not responsible for the conduct of Operators, their staff, or other users of their facilities. Your physical use of any facility is at your own risk.

5.5 Children at Facilities

If you book facility time for a minor or bring a minor to a facility, you are responsible for the minor's safety, supervision, and conduct at all times. GameDay Music does not supervise facilities and has no presence on-site.

6. Acceptable Use

You agree not to:

  • Use the Platform for any unlawful purpose or in violation of any applicable law
  • Impersonate any person or entity, or misrepresent your affiliation
  • Interfere with, disrupt, or attempt to gain unauthorized access to the Platform or any related systems
  • Use automated scripts, bots, or scrapers to access the Platform without our written permission
  • Reverse-engineer, decompile, or otherwise attempt to derive the source code of the Platform
  • Resell, rent, or sublicense access to the Platform without our written permission
  • Use the Platform to harass, abuse, defraud, or harm any other user
  • Upload malicious code, viruses, or other harmful material to the Platform

7. Intellectual Property

The Platform, including all software, designs, text, graphics, logos, and other content created by GameDay Music, is owned by GameDay Music or its licensors and is protected by United States and international intellectual property laws. You receive a limited, non-exclusive, non-transferable, revocable license to use the Platform solely as authorized by these Terms.

You retain ownership of content you upload to the Platform (such as facility photos, descriptions, or Customer Agreement text). By uploading content, you grant GameDay Music a worldwide, royalty-free, non-exclusive license to host, store, display, and distribute that content solely as necessary to provide the Platform.

8. Disclaimers

THE PLATFORM IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE FULLEST EXTENT PERMITTED BY LAW, GAMEDAY MUSIC DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

GAMEDAY MUSIC DOES NOT WARRANT THAT THE PLATFORM WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE DO NOT WARRANT THE ACCURACY, RELIABILITY, OR COMPLETENESS OF ANY INFORMATION PROVIDED THROUGH THE PLATFORM, INCLUDING INFORMATION PROVIDED BY OPERATORS.

GAMEDAY MUSIC IS NOT A PARTY TO ANY AGREEMENT BETWEEN AN OPERATOR AND AN END CUSTOMER, AND IS NOT RESPONSIBLE FOR THE QUALITY, SAFETY, LEGALITY, OR PERFORMANCE OF ANY OPERATOR'S FACILITY OR SERVICES.

9. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, GAMEDAY MUSIC AND ITS OFFICERS, MANAGERS, MEMBERS, EMPLOYEES, AND AGENTS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION LOSS OF PROFITS, REVENUE, DATA, OR USE, ARISING OUT OF OR RELATED TO YOUR USE OF THE PLATFORM, EVEN IF GAMEDAY MUSIC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

GAMEDAY MUSIC'S TOTAL CUMULATIVE LIABILITY ARISING OUT OF OR RELATED TO THESE TERMS OR YOUR USE OF THE PLATFORM SHALL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID TO GAMEDAY MUSIC IN THE TWELVE MONTHS PRECEDING THE CLAIM, OR (B) ONE HUNDRED DOLLARS ($100).

NOTHING IN THESE TERMS LIMITS LIABILITY THAT CANNOT BE LIMITED UNDER APPLICABLE LAW.

10. Indemnification

You agree to defend, indemnify, and hold harmless GameDay Music and its officers, managers, members, employees, and agents from any claim, demand, loss, damage, cost, or expense (including reasonable attorneys' fees) arising out of or related to:

  • Your use of the Platform
  • Your violation of these Terms
  • Your violation of any law or the rights of any third party
  • For Operators: any claim by an End Customer arising out of their use of your facility, including injury claims, refund disputes, or claims under your Customer Agreement
  • For End Customers: your conduct at any Operator's facility and the conduct of any minor in your care

GameDay Music reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which case you will cooperate with our defense.

11. Dispute Resolution; Binding Arbitration

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS.

11.1 Agreement to Arbitrate

Any dispute, claim, or controversy arising out of or relating to these Terms or your use of the Platform (a "Dispute") shall be resolved by binding arbitration administered by JAMS under its Streamlined Arbitration Rules, except as provided in Section 11.3 below.

The arbitration shall be conducted in DuPage County, Illinois, or via videoconference at the election of the party initiating arbitration. The arbitrator shall apply Illinois law (without regard to conflict-of-law principles). The arbitrator's decision shall be final and binding, and judgment on the award may be entered in any court of competent jurisdiction.

11.2 Class Action Waiver

YOU AND GAMEDAY MUSIC AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. The arbitrator may not consolidate claims of multiple parties and may not preside over any form of representative or class proceeding.

11.3 Exceptions

This arbitration agreement does not apply to:

  • Small-claims court proceedings (either party may bring a qualifying claim in small-claims court instead of arbitration)
  • Claims for injunctive or equitable relief to prevent unauthorized use of the Platform, intellectual property infringement, or breach of confidentiality
  • Disputes that cannot, by law, be subject to mandatory arbitration

11.4 Opt-Out

You may opt out of this arbitration agreement by sending written notice to admin.access@gamedaymusic.app within thirty (30) days of first agreeing to these Terms. Your notice must include your full name, email address used for your account, and a clear statement that you wish to opt out of arbitration. Opting out will not affect any other provision of these Terms.

12. Governing Law and Venue

These Terms are governed by the laws of the State of Illinois, without regard to its conflict-of-law rules. Subject to Section 11, any judicial proceeding arising out of or related to these Terms shall be brought exclusively in the state or federal courts located in DuPage County, Illinois, and you consent to the personal jurisdiction of those courts.

13. Changes to These Terms

We may modify these Terms from time to time. When we do, we will update the "Version" and "Last Updated" date at the top, and notify you by email or through the Platform. Material changes will take effect no earlier than thirty (30) days after notice. Continued use of the Platform after the effective date of any change constitutes acceptance of the modified Terms.

If you do not agree to a change, you must stop using the Platform before the effective date.

14. Miscellaneous

Entire Agreement. These Terms, together with the Privacy Policy and any Operator-specific Customer Agreement you acknowledge, constitute the entire agreement between you and GameDay Music concerning the Platform.

No Waiver. Our failure to enforce any provision of these Terms is not a waiver of that provision or any other provision.

Severability. If any provision of these Terms is found unenforceable, the remaining provisions remain in full effect.

Assignment. You may not assign these Terms without our prior written consent. We may assign these Terms in connection with a merger, acquisition, or sale of assets.

Force Majeure. GameDay Music is not liable for any failure or delay caused by events beyond its reasonable control, including natural disasters, war, terrorism, pandemics, government actions, and infrastructure failures.

15. Contact

For questions about these Terms or to provide notice required under these Terms:

GameDay Music LLC c/o Successful Inc. (Registered Agent) 111 Ogden Ave Clarendon Hills, IL 60514-1027

Email: admin.access@gamedaymusic.app

For service of legal process, refer to the Illinois Secretary of State business records or contact the registered agent at the address above.

By using the Platform, you acknowledge that you have read, understood, and agree to these Terms of Service.