These Terms of Service ("Terms") constitute a legally binding agreement between you and Mazzive, LLC ("GameCall", "we", "our", or "us") governing your access to and use of the GameCall mobile application (iOS and Android), website, and related services (collectively, the "Services"). Please read these Terms carefully before using the Services.
1. Acceptance of Terms
By downloading, installing, or using the GameCall app or any of our Services, you agree to be bound by these Terms. If you do not agree to these Terms, you must not use the Services.
If you are using the Services on behalf of an organization, you represent and warrant that you have the authority to bind that organization to these Terms, and "you" refers to both you individually and the organization.
We may update these Terms from time to time. We will provide notice of material changes as described in Section 12. Your continued use of the Services after the effective date of any changes constitutes your acceptance of the revised Terms.
You must be at least 13 years of age to use GameCall. If you are under 18, you may only use the Services with the consent of a parent or legal guardian.
2. Description of Service
GameCall is a sports group management platform that enables group organizers ("Admins") to create and manage recurring sports groups. The Services include:
- Creation and management of recurring sports group events
- SMS-based player signup, confirmation, and dropout systems
- Automated waitlist management
- Event reminders and notifications delivered via SMS
- Substitute and guest player coordination
- Co-admin support
- Group rules and player communication tools
GameCall is available as a mobile application for iOS (Apple App Store) and Android (Google Play Store). SMS delivery to players is facilitated through Twilio, Inc. as a third-party provider.
We reserve the right to modify, suspend, or discontinue any aspect of the Services at any time, with reasonable notice where practicable.
3. Account Registration
3.1 Creating an Account
To use GameCall as an Admin, you must create an account by providing your name, email address, and phone number, and choosing a secure password (or using an approved sign-in method such as Apple ID or Google Sign-In). You agree to provide accurate, current, and complete information.
3.2 Account Security
You are responsible for maintaining the confidentiality of your account credentials and for all activity that occurs under your account. You agree to:
- Use a strong, unique password
- Not share your credentials with any third party
- Notify us immediately at hello@gamecall.com if you suspect unauthorized access
GameCall is not liable for losses resulting from unauthorized access to your account due to your failure to protect your credentials.
3.3 One Account Per Person
Each account must represent one individual. Creating multiple accounts to circumvent restrictions is prohibited. Accounts may not be transferred to another person without our written consent.
3.4 Players
Players added to a group by an Admin do not need to create a GameCall account. Players interact with the Services exclusively via SMS using the phone number provided by the Admin. By accepting an Admin's invitation (or not opting out of the welcome message), a player agrees to receive GameCall SMS communications as described in Section 4.
4. SMS Communications
By using GameCall, you expressly consent to receive SMS text messages from GameCall as described in this section. Standard message and data rates may apply.
4.1 Admin SMS Consent
By creating an account, you consent to receiving SMS messages from GameCall for account verification, security alerts, and Service-related communications. You will not receive marketing SMS messages without separate opt-in consent.
4.2 Player SMS Consent and Admin Responsibility
When you add a player to a group by providing their phone number, you represent, warrant, and agree that:
- You have obtained that individual's prior express written consent to receive automated text messages from GameCall regarding your sports group;
- The phone number you provide is the correct number for the intended player;
- The player is at least 13 years of age;
- You will not add anyone to a group who has not consented to receive SMS from GameCall.
You assume full legal responsibility for ensuring that all phone numbers you add to your group have provided the required consent. GameCall is not responsible for SMS messages sent to phone numbers you incorrectly add or for players who have not consented.
4.3 Nature of SMS Messages
GameCall may send the following types of automated text messages to players:
- Welcome and onboarding messages when added to a group
- Event signup requests and confirmations
- Waitlist notifications and spot alerts
- Event reminders
- Drop and substitution notifications
- Group rule updates
4.4 Opting Out
Any player may opt out of SMS messages at any time by replying STOP to any GameCall message. Upon receiving a STOP message, we will immediately cease sending SMS messages to that number. Players may reply START at any time to re-subscribe. Players may also contact us at privacy@gamecall.com to opt out or manage their preferences.
Opting out of SMS will not automatically remove a player from the group's roster; however, they will not receive notifications. Admins will be notified when a player's SMS is inactive.
4.5 Message Frequency and Rates
Message frequency varies based on group activity and configuration. Players may receive up to 6 messages per week per group. Message and data rates may apply. GameCall does not charge for SMS messages, but your mobile carrier may.
4.6 Prohibited SMS Uses
You may not use GameCall's SMS features to send:
- Spam, unsolicited commercial messages, or marketing content
- Harassing, threatening, or abusive messages
- Content that violates any law or regulation
- Any content unrelated to the legitimate management of the sports group
Violation of this section may result in immediate suspension of your account and reporting to appropriate authorities.
5. User Conduct
You agree to use the Services only for lawful purposes and in a manner consistent with these Terms. You are responsible for all activity that occurs through your account.
You agree that you will:
- Provide accurate information when creating your account and groups
- Use the Services only for genuine sports group management purposes
- Treat all players with respect and dignity
- Comply with all applicable local, state, national, and international laws and regulations
- Respect the privacy of players and other users
You understand that GameCall is a communication and logistics tool, and you are responsible for the real-world activities of the groups you manage, including venue bookings, safety at sporting events, and player eligibility.
6. Content Ownership
6.1 Your Content
You retain ownership of all content you create and submit through the Services, including group names, rules, schedules, player lists, and messages ("User Content"). By submitting User Content, you grant GameCall a non-exclusive, worldwide, royalty-free license to use, store, display, reproduce, and transmit your User Content solely to provide and improve the Services.
6.2 GameCall Content
The Services, including the app, website, design, code, and all GameCall-created content, are owned by GameCall and protected by intellectual property laws. You may not copy, modify, distribute, sell, or lease any part of the Services or GameCall's intellectual property without our express written consent.
6.3 Feedback
If you provide feedback or suggestions about the Services, you grant GameCall the right to use that feedback without restriction or compensation to you.
7. Prohibited Uses
You agree not to use the Services to:
- Impersonate any person or entity, or falsely represent your affiliation with any person or entity
- Add phone numbers to groups without the consent of the individuals those numbers belong to
- Send spam, phishing messages, or any unsolicited bulk communications
- Harass, threaten, intimidate, or harm any person
- Upload or transmit viruses, malware, or other harmful code
- Attempt to gain unauthorized access to any part of the Services or any other user's account
- Scrape, crawl, or use automated tools to access or collect data from the Services without permission
- Use the Services in any way that could damage, disable, overburden, or impair our servers or networks
- Circumvent, disable, or interfere with security features of the Services
- Use the Services to violate any applicable law, including laws relating to SMS, privacy, consumer protection, or telemarketing (including the TCPA in the United States)
- Use the Services for any commercial purpose not expressly authorized by GameCall
- Add individuals under the age of 13 to any group
Violation of these prohibitions may result in immediate termination of your account, reporting to law enforcement, and civil or criminal liability.
8. Subscription and Payments
8.1 Current Pricing
The Services are currently offered to Admin users at no charge during our beta period. Players may always use the SMS-based features at no cost.
8.2 Future Paid Plans
GameCall intends to introduce paid subscription plans in the future for Admins who wish to access premium features. We will provide at least 30 days' advance notice before any transition from free to paid plans for existing users. You will never be charged without explicit agreement to a new pricing plan.
8.3 When Paid Plans Launch
The following terms will apply to any paid subscriptions:
- Billing: Subscriptions will be billed on a recurring basis (monthly or annually) via the payment method you provide.
- Cancellation: You may cancel at any time. Cancellation takes effect at the end of the current billing period; no partial refunds are issued unless required by applicable law.
- Price changes: We will provide at least 30 days' notice before changing subscription prices. Your continued subscription after the notice period constitutes acceptance of the new price.
- Taxes: Prices shown may exclude applicable taxes, which will be added at checkout based on your location.
- Refunds: All fees are non-refundable except where required by law or at GameCall's sole discretion.
8.4 In-App Purchases
Any in-app purchases made through the Apple App Store or Google Play Store are subject to the applicable store's terms and conditions in addition to these Terms.
9. Disclaimer of Warranties
THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. GAMECALL DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
GAMECALL DOES NOT WARRANT THAT SMS MESSAGES WILL BE DELIVERED ON TIME OR AT ALL, AS DELIVERY IS SUBJECT TO MOBILE CARRIER NETWORKS AND THIRD-PARTY PROVIDERS BEYOND OUR CONTROL. YOU ARE SOLELY RESPONSIBLE FOR MAINTAINING BACKUP COMMUNICATION CHANNELS FOR YOUR SPORTS GROUPS.
Some jurisdictions do not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you.
10. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL GAMECALL, 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, GOODWILL, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OF OR INABILITY TO USE THE SERVICES.
IN NO EVENT SHALL GAMECALL'S TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES EXCEED THE GREATER OF (A) THE AMOUNT PAID BY YOU TO GAMECALL IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM, OR (B) ONE HUNDRED DOLLARS ($100 USD).
The limitations above reflect a fair allocation of risk between you and GameCall, and GameCall would not have entered into these Terms without these limitations. These limitations will apply even if any limited remedy fails of its essential purpose.
Some jurisdictions do not allow the limitation of liability for certain types of damages, so some of the above limitations may not apply to you.
10.1 Real-World Activities
GameCall is a communication and logistics tool. GameCall is not responsible for and expressly disclaims any liability related to real-world sporting activities, injuries, property damage, venue conditions, or any events occurring at group gatherings organized through the Services. Participation in sports carries inherent risks, and you are solely responsible for your safety and the safety of players in your groups.
11. Termination
11.1 Termination by You
You may terminate your account at any time by deleting your account through the app settings or by contacting us at hello@gamecall.com. Upon termination, your right to use the Services immediately ceases.
11.2 Termination by GameCall
We may suspend or terminate your account at any time, with or without notice, if:
- You violate any provision of these Terms
- Your conduct poses a legal risk or harm to GameCall or other users
- We are required to do so by law or court order
- We discontinue the Services (with reasonable notice where practicable)
In cases of serious violations (including illegal SMS use, harassment, or fraud), we may terminate immediately without notice.
11.3 Effect of Termination
Upon termination:
- All groups you administer will be deactivated and players will cease receiving notifications
- Your access to group data will be revoked
- GameCall will retain your data per the retention periods in our Privacy Policy
- You may request deletion of your data at privacy@gamecall.com
Sections that by their nature should survive termination — including Sections 6, 9, 10, 12, and this Section 11.3 — will survive termination.
12. Governing Law
12.1 Governing Law and Venue
These Terms are governed by the laws of the State of Minnesota, United States, without regard to its conflict of law provisions. Any disputes arising from these Terms or your use of the Services will be subject to the exclusive jurisdiction of the state and federal courts located in Hennepin County, Minnesota, and you consent to personal jurisdiction in those courts.
12.2 Dispute Resolution
Before filing a formal legal claim, you agree to contact GameCall at hello@gamecall.com and give us 30 days to attempt to resolve the dispute informally. If the dispute is not resolved informally, either party may pursue legal remedies in the courts described above.
12.3 Class Action Waiver
To the extent permitted by applicable law, you agree to resolve disputes with GameCall on an individual basis only and waive the right to participate in a class action lawsuit or class-wide arbitration.
12.4 Changes to These Terms
We may update these Terms at any time. For material changes, we will:
- Update the "Last Updated" date at the top of this document
- Send an email notification to registered users at least 14 days before changes take effect
- Display a notice in the app
Your continued use of the Services after the effective date of changes constitutes your acceptance of the revised Terms.
12.5 Entire Agreement
These Terms, together with our Privacy Policy and any additional terms you agree to when using specific features, constitute the entire agreement between you and GameCall regarding the Services and supersede any prior agreements.
12.6 Severability
If any provision of these Terms is found to be invalid or unenforceable, that provision will be modified to the minimum extent necessary to make it enforceable, and the remaining provisions will continue in full force and effect.
12.7 Waiver
Our failure to enforce any provision of these Terms shall not constitute a waiver of our right to enforce it in the future.
13. Contact
If you have questions about these Terms of Service, please contact us:
- General inquiries: hello@gamecall.com
- Legal and privacy: privacy@gamecall.com
- Company: Mazzive, LLC
- Jurisdiction: Minnesota, United States
We aim to respond to all inquiries within 5 business days.