Terms of Service

Effective Date: December 1, 2025

Please read these Terms of Service ("Terms") carefully before using the Pitch Battle mobile application ("App") operated by Kevin Xu ("Us," "We," or "Our").

Your access to and use of the App is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users, and others who access or use the App.

By accessing or using the App, you agree to be bound by these Terms. If you disagree with any part of the terms, you may not access the App.

1. Account Creation and User Content

1.1. Account Information

To use the App, you must create a unique User-Generated Username. You agree not to select a Username that is offensive, vulgar, or violates the rights of any third party.

1.2. Public Display

Your Username and Ratings are public data displayed to other players within the App. By using the App, you consent to this public display of your gaming statistics.

2. Rules of Conduct and Fair Play

We are committed to maintaining a competitive and fair environment for all players. Users must adhere strictly to the following rules:

2.1. Prohibition of Cheating and Match Fixing

You are expressly prohibited from engaging in any activity intended to manipulate the outcome of a match or the integrity of the rating system. This includes, but is not limited to:

• Fixed Matching (Collusion): Intentionally losing or drawing games to a specific opponent to manipulate their (or your) rating score.

• Rating Manipulation: Using automated processes, "bots," secondary accounts, or any exploit to artificially inflate or deflate a rating score.

• Account Sharing: Sharing your account or playing on another user's account for the purpose of rating boosting or manipulation.

2.2. Unauthorized Software

You agree not to use, or assist others in using, any unauthorized software, hardware, or third-party tools that:

• Modify or interfere with the App’s matchmaking or rating systems.

• Automate any gameplay functions.

• Give you an unfair competitive advantage over other players.

Violation of this section may result in the immediate and permanent termination of your account, deletion of your rating, and potential banning of your device from accessing the service.

3. Intellectual Property Rights

3.1. Ownership of App Assets

All content, features, and functionality of the App (including but not limited to all software, code, graphics, images, audio, video, text, and logos) are and will remain the exclusive property of Kevin Xu and its licensors.

3.2. Prohibited Commercial Use of Assets

You are granted a limited, non-exclusive, non-transferable license to use the App solely for your personal, non-commercial entertainment. You must not, under any circumstances, use, copy, reproduce, distribute, or create derivative works from the App's images, audio, video, or any other proprietary assets for any commercial purpose, including but not limited to:

• Selling merchandise or services featuring App assets.

• Monetizing video or streaming content that prominently features App assets without explicit written permission from Kevin Xu.

4. Termination

We may terminate or suspend your access to the App immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms, particularly those related to fair play and asset usage. Upon termination, your right to use the App will immediately cease. 

5. Limitation of Liability

In no event shall Kevin Xu, nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential, or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the App; (ii) any unauthorized access to or use of our servers and/or any and all personal information stored therein.

6. Governing Law

These Terms shall be governed and construed in accordance with the laws of the United States of America, without regard to its conflict of law provisions.

7. Changes to Terms

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will try to provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.

8. Contact Us

If you have any questions about these Terms, please contact us at dev.pitchbattle@gmail.com