HitMark Terms of Use

1. Introduction

Last updated: May 28, 2026.

Welcome to HitMark. These Terms of Use ("Terms") govern your access to and use of the HitMark application for iPhone, iPad, and Mac ("App," "Service," or "HitMark"), made by the team behind Scouted Recruiting. By downloading or using HitMark, you agree to be bound by these Terms. If you do not agree to these Terms, please do not use the App.

HitMark is a companion to, but a separate application from, the Scouted app. These Terms apply to HitMark only.

2. Service Description

HitMark analyzes baseball and softball at-bat videos to detect the pitches in an at-bat and create short clips for review and sharing. The App enables you to:

• Import at-bat videos from your Photos library or Files, or record them with your device camera
• Automatically detect pitches and generate clips, processed entirely on your device
• Review, trim, and label the resulting clips
• Share your clips through your device's share sheet — for example, save to Photos or Files, send in Messages, or hand off to another app
• Assemble clips into a simple highlight reel

HitMark is an automated analysis tool. It does not guarantee that it will detect every pitch or correctly label every outcome, and the clips it produces are provided to assist you, not to serve as an authoritative record of any game or play.

3. License

HitMark is provided free of charge. Subject to these Terms, we grant you a limited, personal, non-exclusive, non-transferable, revocable license to download and use the App for your own personal, non-commercial use. All rights not expressly granted are reserved.

4. On-Device Processing & Your Media

HitMark processes your videos entirely on your device. We do not receive, store, or have access to your videos or the clips you create. For more detail, see the HitMark Privacy Policy.

You retain all rights to your own videos and the clips HitMark creates from them. You are solely responsible for the media you analyze with HitMark and for what you choose to do with the resulting clips, including any decision to save or share them. You represent that you have the right to use any video you import, and that your use of HitMark — including recording, processing, and sharing footage of others — complies with all applicable laws and with any rules of the venues, leagues, or organizations involved.

5. Acceptable Use

You agree to use HitMark only for its intended purpose and in compliance with all applicable laws. You agree not to:

• Use the App to process or share footage you do not have the right to use, or in any way that violates the privacy or other rights of any person
• Use the App for any illegal activity or in violation of any applicable law or regulation
• Attempt to reverse engineer, decompile, disassemble, or otherwise derive the source code of the App or its on-device model
• Interfere with or disrupt the integrity or performance of the App
• Use the App in any manner that could harm us, other users, or third parties

6. Intellectual Property

The HitMark App, including its design, source code, user interface, graphics, and underlying computer-vision model, is our exclusive property and is protected by copyright, trademark, and other intellectual property laws. The HitMark and Scouted names and logos are our trademarks and may not be used without our prior written consent. You retain ownership of your own videos and clips, as described in Section 4.

7. NCAA and Athletic Organization Disclaimer

HitMark is not affiliated with, endorsed by, sponsored by, or in any way officially connected to the National Collegiate Athletic Association (NCAA), the National Association of Intercollegiate Athletics (NAIA), the National Junior College Athletic Association (NJCAA), Major League Baseball, USA Softball, or any other athletic organization, league, conference, or institution.

You are solely responsible for understanding and complying with any rules, regulations, or policies governing the recording and use of footage at the venues, events, and organizations you are involved with.

8. Disclaimer of Warranties

HitMark is provided on an "as is" and "as available" basis, without warranties of any kind, whether express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that the App will detect every pitch, correctly label every outcome, be error-free or uninterrupted, or meet your requirements.

9. Limitation of Liability

To the fullest extent permitted by applicable law, we and our officers, directors, employees, agents, and affiliates shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of data, footage, clips, profits, goodwill, or other intangible losses, resulting from your use of or inability to use the App, including any loss of or inability to recover your videos or clips. Because HitMark is provided free of charge, to the fullest extent permitted by law our total aggregate liability to you for all claims relating to these Terms or the App shall not exceed one hundred U.S. dollars (US$100).

10. Changes to These Terms

We may modify these Terms from time to time. When we make material changes, we will update the "Last updated" date above and, where appropriate, provide notice within the App. Your continued use of HitMark after any changes take effect constitutes your acceptance of the revised Terms. If you do not agree to the updated Terms, you should stop using the App.

11. Governing Law

These Terms and any disputes arising out of or relating to them shall be governed by and construed in accordance with the laws of the State of Connecticut, without regard to conflict of law principles. If any provision of these Terms is found to be unenforceable, the remaining provisions shall remain in full force and effect.

12. Contact

If you have any questions about these Terms or about HitMark, please contact us at [email protected].