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Terms of Service

Effective date: to be set after attorney review.

1. The agreement

These Terms are a contract between Blu Ocean Teams LLC, a Colorado limited liability company ("Blu Ocean", "we", "us"), and the school, club, organization or individual coach that uses the platform (the "Customer", "you"). By requesting access, accepting an invite, or using the platform, you agree to these Terms and to our Privacy Policy.

If you accept for a school, club or other organization, you confirm that you have authority to bind it. If you sign up as an individual coach without your organization, you are the Customer and you take on the Customer duties in section 6.

If you and Blu Ocean have signed a separate written agreement or a school data privacy agreement, that document controls where it differs from these Terms.

2. The platform

Blu Ocean provides tools for athlete and team development: surveys athletes answer about their own habits and skills, coach ratings, comparisons between the two, development plans, and views of change across a season. Features may change as we improve the platform. We will not remove a core feature during a paid term without notice.

3. Access and accounts

  • Access is by invitation. We approve each Customer before its coaches can use the platform.
  • Coaches, assistant coaches and athletic directors sign in with their own account. Each person keeps their password private and does not share an account.
  • The head coach or the Customer decides which staff have access and what they can see, including who may read private notes.
  • You tell us promptly if you believe an account or a link has been used by someone who should not have it.
  • Blu Ocean staff may open a Customer's team to provide support. Those visits are recorded and visible to the head coach.

4. Athletes and ages

Athletes do not create accounts. They reach a survey through a team link or code, and their own page through a personal link.

You may add only athletes who are 13 or older. You may not add an athlete under 13. If you learn that an athlete under 13 was added, you remove them and tell us.

A personal link is like a key. Send each athlete only their own link. You can cancel and replace any link at any time.

5. Acceptable use

You and your staff will not:

  • use the platform for anything other than athlete and team development
  • use results to decide team selection, playing time, discipline, eligibility or scholarships as the sole or main basis
  • enter information we say we do not collect, including health or medical details, academic records, home addresses, dates of birth or student identification numbers
  • share an athlete's answers, ratings or notes outside the coaching staff and the people your organization authorizes
  • try to reach another Customer's information, or get around any access control
  • copy, resell, or reverse engineer the platform, or use it to build a competing product
  • upload anything unlawful, harassing or harmful, or anything that infringes someone else's rights

6. Customer duties

You are responsible for:

  • Permission. Having every notice, consent and authorization that the law or your organization's policies require before athletes take part and before you enter an athlete's or guardian's information. If you are an individual coach, this includes permission from your school or club, or from each athlete's parent or guardian.
  • Accuracy. Keeping your roster and staff list accurate, and removing access for staff who leave.
  • Your staff. What your coaches and staff do on the platform.
  • Requests. Responding to athletes, parents and guardians who ask to see, correct or delete information. We help you do this.
  • How results are used. Conversations and decisions that follow from the results. The platform supports a coach's judgment. It does not replace it.

7. What the platform is not

Blu Ocean is a development tool built on what athletes and coaches report. It is not a psychological, medical or mental health assessment, a diagnosis, or a crisis service, and nobody at Blu Ocean monitors athletes' answers. If an athlete tells you something that raises a concern for their safety, follow your organization's policies and the law, including any duty you have to report.

8. Plans and fees

  • Plans, prices and what each includes are shown on our Plans page or in the order or invoice we send you.
  • Paid plans are billed in advance for the term stated, usually one season or one year. Invoices are due within 30 days unless the invoice says otherwise.
  • Fees do not include taxes. You pay any sales or similar tax that applies, unless you give us a valid exemption certificate.
  • A paid plan renews for the same term unless either side gives notice at least 30 days before it ends. We tell you of any price change at least 60 days before renewal.
  • Fees are not refundable for a partial term, except as section 13 says.
  • If an invoice is more than 30 days late, we may suspend access after giving you 10 days' written notice.

9. Your information

You own the information you and your athletes put into the platform ("Customer Data"). You give us permission to host, process and display it only to provide the platform to you, to support you, and as our Privacy Policy describes. We do not sell it or use it for advertising.

You can export your roster and results at any time. When your account ends, we delete Customer Data as the Privacy Policy states.

We may use totals and averages that identify no person, team or school to improve the platform and to describe it.

10. Our platform

Blu Ocean owns the platform, including the software, the design, the Blu Print framework and its question set, the Self Scout and Coach Scout formats, the reports, and our name and logo. These Terms give you a limited right to use the platform during your term. They do not transfer ownership of any of it.

You may print and share reports about your own athletes within your organization and with those athletes and their families. You may not publish the question set or offer it to others.

If you send us ideas or feedback, we may use them without owing you anything.

11. Confidentiality and security

Each side keeps the other's nonpublic information confidential and uses it only to carry out these Terms. We protect Customer Data with the safeguards in our Privacy Policy and tell you without delay, and within 72 hours, if we confirm it was accessed or disclosed without authorization.

12. Service providers

We use other companies to host and operate the platform. They are named in the Privacy Policy and are bound to protect Customer Data to the same standard we are. We remain responsible for what they do with it.

13. Term and ending the agreement

  • These Terms apply from your first use until your account ends.
  • You may stop using the platform at any time. Either side may choose not to renew.
  • Either side may end the agreement if the other materially breaches it and does not fix the breach within 30 days of written notice.
  • We may suspend access at once if we reasonably believe it is needed to protect athletes, the platform or other Customers. We tell you why and restore access when the cause is fixed.
  • If we end the agreement without cause, or you end it because of our uncured breach, we refund the fees for the unused part of the term.
  • When the agreement ends, your access stops and we delete Customer Data as the Privacy Policy states. Sections 9 through 12 and 14 through 19 continue to apply.

14. Disclaimers

We provide the platform with reasonable care and skill. Beyond that, to the extent the law allows, the platform is provided "as is" and "as available", and we disclaim all other warranties, including implied warranties of merchantability, fitness for a particular purpose and noninfringement. We do not promise that the platform will be uninterrupted or free of errors, or that using it will produce any particular result for an athlete or a team.

15. Limit of liability

To the extent the law allows:

  • neither side is liable to the other for indirect, incidental, special, consequential or punitive damages, or for lost profits or lost revenue
  • each side's total liability under these Terms is limited to the fees you paid us in the 12 months before the claim arose, or 100 dollars if you are on a free plan

These limits do not apply to a side's breach of its confidentiality or data protection duties caused by its gross negligence or willful misconduct, to amounts you owe us, or to liability that the law does not allow to be limited.

16. Responsibility for claims

We defend you against a third party's claim that the platform, used as these Terms allow, infringes its intellectual property rights, and we pay the resulting judgment or settlement.

You defend us against a third party's claim that arises from your failure to have the permissions section 6 requires, or from your or your staff's use of the platform in breach of these Terms, and you pay the resulting judgment or settlement.

If you are a public school, district or other government body, your duties in this section apply only to the extent Colorado law, or the law of your state, permits. Nothing in these Terms waives any immunity or limit on liability that such a body has by law.

17. Governing law and disputes

Colorado law governs these Terms, without regard to its conflict of laws rules. Before filing a claim, each side gives the other written notice and 30 days to try to resolve it in good faith. Any claim not resolved that way is brought in the state or federal courts located in Colorado, and each side accepts their jurisdiction. If you are a public body in another state and your law requires it, the law and courts of your state apply.

18. Changes and general terms

  • Changes. We may update these Terms. We post the new version with its effective date and email Customers at least 30 days before a material change takes effect. If you do not accept a material change, you may end the agreement before it takes effect and receive a refund for the unused part of the term.
  • Whole agreement. These Terms, the Privacy Policy, your order or invoice, and any signed data privacy agreement are the whole agreement between us.
  • Transfer. Neither side may transfer this agreement without the other's consent, except to a successor in a merger or sale that agrees to be bound by it.
  • If part is unenforceable. The rest stays in effect.
  • No waiver. Not enforcing a term once does not waive it.
  • Events outside our control. Neither side is liable for a delay caused by something it could not reasonably control.
  • Notices. We send notices to the email on your account. You send notices to the contact in section 19.

19. Contact

Blu Ocean Teams LLC Mailing address: to be added Email: bluoceanteams@gmail.com