Effective Date: January 2026

These Terms of Service ("Terms") constitute a legally binding agreement between you and FairWhistle, Inc., a Tennessee corporation with offices at 406 11th Ave N, Suite 250, Nashville, TN 37203 ("FairWhistle," "we," "our," or "us").

By accessing, browsing, registering for, or using the FairWhistle websites, applications, platforms, software, messaging tools, analytics, integrations, or related services (collectively, the "Services"), you acknowledge that you have read, understood, and agree to be bound by these Terms. If you do not agree, you may not access or use the Services.

1. The FairWhistle Platform

FairWhistle provides a software platform designed to support constructive referee feedback, education, evaluation, reporting, rankings, communication, and data analysis for sports organizations, leagues, referee associations, officials, coaches, and administrators (each a "Customer"). FairWhistle is a technology provider and does not act as a governing body, employer, league operator, certifying authority, or disciplinary authority.

All decisions related to referee assignments, evaluations, rankings, advancement, discipline, safeguarding, or employment remain solely with the applicable Customer or governing organization.

2. User Roles and Accounts

Users of the Services may include referees, officials, coaches, referee coaches, assessors, administrators, league representatives, and other authorized participants ("Users").

Accounts are provisioned and governed by the Customer. Customers control:

user roles and permissions;

visibility of feedback, rankings, and reports;

messaging access;

data retention and reporting workflows.

You are responsible for maintaining the confidentiality of your login credentials and for all activity that occurs under your account. You agree to notify FairWhistle immediately of any unauthorized use or security breach.

3. Eligibility, Minors, and Parental Consent

You must be at least thirteen (13) years old to access or use the Services.

If you are under the age of eighteen (18), you may only use the Services with the consent and supervision of a parent or legal guardian. Customers are solely responsible for obtaining, documenting, and maintaining parental or guardian consent as required by applicable law.

FairWhistle does not knowingly permit children under the age of 13 to create accounts or access the Services without verified parental involvement. Any accounts found to violate this requirement may be suspended or terminated.

4. Acceptable Use and Conduct

You agree to use the Services only for lawful, professional, and constructive purposes. You may not:

harass, threaten, intimidate, or abuse any referee, official, minor, or other User;

submit defamatory, discriminatory, obscene, or hateful content;

attempt to identify anonymous or de-identified feedback providers;

misuse rankings or feedback to retaliate against referees or officials;

interfere with platform security, integrity, or availability.

FairWhistle reserves the right to investigate and take appropriate action for violations, including content removal, account suspension, or termination.

5. Referee Protection and Anti-Harassment

FairWhistle is designed to promote referee protection and constructive feedback. Platform features may include:

structured feedback frameworks; AI-assisted summarization and tone adjustment; de-identification of feedback where feasible;

reporting tools for inappropriate conduct. FairWhistle may, but is not obligated to, review content when reasonably necessary to address harassment, abuse, safety concerns, or legal obligations. FairWhistle does not adjudicate disputes or impose discipline; such actions remain the responsibility of the Customer.

6. Feedback, Rankings, and AI Features

The Services may include public or private rankings, evaluations, performance indicators, and AI-generated summaries or rewritten feedback. These outputs:

are informational only;

are based on data provided by Customers and Users;

do not constitute certification, endorsement, or employment decisions.

Customers control how rankings and feedback are used and displayed. FairWhistle makes no guarantees regarding accuracy, completeness, or outcomes derived from such data.

7. Messaging and Communications

The Services may include in-app messaging between coaches, referee coaches, leagues, administrators, and officials. Messaging is intended for professional communication only.

FairWhistle may access or preserve messages when required to:

investigate harassment or safeguarding concerns;

comply with legal obligations;

enforce these Terms.

Customers are responsible for supervising messaging usage and ensuring compliance with safeguarding policies.

8. Customer Controls and Compliance Responsibility

Customers are solely responsible for:

compliance with youth safeguarding, child protection, and mandatory reporting laws;

compliance with employment, labor, and independent contractor laws;

determining appropriate disciplinary, corrective, or remedial actions;

configuring platform permissions and access controls.

FairWhistle does not assume Customer legal obligations and does not replace Customer policies or procedures.

9. Intellectual Property

FairWhistle retains all rights, title, and interest in the Services, software, and platform technology. Users retain ownership of content they submit but grant FairWhistle a non-exclusive, royalty-free license to use such content solely to operate, improve, and provide the Services.

10. Security and Data Protection

FairWhistle follows security practices aligned with SOC frameworks. All data is encrypted at rest and in transit. While FairWhistle employs reasonable safeguards, no system is completely secure.

11. Third-Party Integrations

The Services may integrate with third-party tools, platforms, or APIs. FairWhistle is not responsible for third-party services, which are governed by their own terms and privacy policies.

12. Disclaimer of Warranties

THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED.

13. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, FAIRWHISTLE SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES. FAIRWHISTLE’S TOTAL LIABILITY SHALL NOT EXCEED THE AMOUNTS PAID TO FAIRWHISTLE IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM OR $500, WHICHEVER IS GREATER.

14. Mandatory Arbitration and Class Action Waiver

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

Except where prohibited by law, you and FairWhistle agree that any dispute, claim, or controversy arising out of or relating to these Terms or the Services shall be resolved by binding, individual arbitration and not in a court of law.

You and FairWhistle waive the right to a trial by jury and agree that claims may be brought only in an individual capacity and not as a plaintiff or class member in any purported class, collective, or representative proceeding.

(a) Exceptions

Either party may bring an individual claim in small claims court if the claim qualifies. This arbitration agreement does not prevent FairWhistle from seeking injunctive or equitable relief in a court of competent jurisdiction to protect its intellectual property or platform security.

(b) Arbitration Procedure

Arbitration shall be conducted under the Federal Arbitration Act and administered by the American Arbitration Association (AAA) under its applicable rules. Arbitration shall take place in Tennessee unless the parties agree otherwise.

(c) Survival

This arbitration agreement shall survive termination of these Terms and your use of the Services.

15. Indemnification

You agree to indemnify and hold harmless FairWhistle from claims arising out of your use of the Services or violation of these Terms.

16. Governing Law and Venue

These Terms are governed by the laws of the State of Tennessee, without regard to conflict of law principles.

17. Changes to These Terms

We may update these Terms from time to time. Continued use of the Services constitutes acceptance of the revised Terms.

18. Contact Information

FairWhistle, Inc.
406 11th Ave N, Suite 250
Nashville, TN 37203
Email: legal@fairwhistle.com