Terms & Conditions
Effective Date: February 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, digital match reporting tools, messaging systems, analytics features, AI-assisted tools, 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.
The FairWhistle Platform
FairWhistle provides a technology platform designed to support referee protection, constructive feedback, education, evaluation, reporting, rankings, discipline tracking, communication, and performance analytics for sports organizations, leagues, referee associations, officials, coaches, and administrators (each a "Customer").
FairWhistle is a technology provider only 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, employment, or corrective action remain solely with the applicable Customer or governing organization.
2. Consent to Data Collection and Use
By registering for or using the Services, you expressly acknowledge and consent that:
• Match data, assignment data, discipline records, ratings, evaluations, written feedback, messaging communications, and related officiating or coaching performance information may be collected and processed.
• Such information may be analyzed and used to generate reports, dashboards, benchmarking insights, discipline summaries, and AI-assisted summaries.
• Your data may be shared with authorized league officials, assigners, referee development staff, governing bodies, or administrators strictly for officiating development, assignment, compliance, and administrative purposes.
You further acknowledge that rankings, evaluations, and performance analytics are informational tools and that FairWhistle does not determine advancement, discipline, employment, or certification decisions.
You may discontinue use of the Services at any time; however, historical match or league data may be retained as required for league recordkeeping, compliance, or contractual obligations.
3. League Authorization and Customer Responsibility for Consent
Each Customer represents and warrants that it has obtained all required consents from its participants, including parental or guardian consent where applicable, to permit collection and processing of officiating and coaching performance data, use of structured evaluations and discipline reporting, use of AI-assisted summarization tools, and sharing of reports with authorized stakeholders.
Customers are solely responsible for compliance with applicable youth safeguarding, child protection, labor, and privacy laws.
4. Eligibility, Minors, and Parental Consent
You must be at least thirteen (13) years old to access or use the Services.
If you are under eighteen (18), a parent or legal guardian must provide affirmative consent before account activation. Minor data will be used solely for officiating development, assignment, compliance, and safeguarding purposes. FairWhistle does not sell or commercially exploit minor data. Minor performance data will not be publicly displayed unless expressly authorized by the governing league.
FairWhistle reserves the right to suspend accounts that do not meet eligibility requirements.
5. Acceptable Use and Professional Conduct
You agree to use the Services solely 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; retaliate against officials based on feedback or rankings; or interfere with platform integrity, security, or availability.
FairWhistle may investigate violations and take appropriate action, including content removal, account suspension, or termination.
6. Referee Protection and Anti-Harassment
FairWhistle is designed to promote referee protection and constructive feedback. Platform features may include structured feedback frameworks, AI-assisted tone review and summarization, optional de-identification of feedback, and reporting tools for safeguarding concerns.
FairWhistle may review content when reasonably necessary to address harassment, abuse, legal obligations, or safety concerns. FairWhistle does not adjudicate disputes or impose discipline.
7. AI-Assisted Features and Transparency
The Services may include AI-assisted tools that generate summaries, rewrite feedback, or produce analytics.
AI outputs are informational only and are based on data provided by Users or Customers. AI-generated content does not constitute certification, endorsement, or disciplinary action.
FairWhistle does not use identifiable participant data to train public AI models or external commercial AI systems. AI processing is conducted solely to provide and improve the Services in accordance with these Terms and our Privacy Policy.
8. Messaging and Communications
The Services may include in-app messaging between authorized Users. Messaging is intended for professional communication only.
FairWhistle may access or preserve communications when reasonably necessary to investigate harassment or safeguarding concerns, comply with legal obligations, enforce these Terms, or protect the safety of participants.
Customers are responsible for supervising messaging usage and safeguarding compliance.
9. No Sale, Resale, or Secondary Commercialization of Data
FairWhistle does not sell personal data.
FairWhistle shall not resell, sublicense, commercially exploit, monetize, or otherwise disclose identifiable participant-level data to any third party except as necessary to provide contracted Services to a Customer, to authorized service providers bound by confidentiality obligations, or as required by law.
Identifiable participant data will not be used for third-party advertising, unrelated commercial profiling, or external marketing purposes.
10. Aggregated and De-Identified Data
FairWhistle may use aggregated, anonymized, or de-identified data to improve platform functionality, develop benchmarking insights, enhance analytics and AI-assisted features, and conduct internal research and product development. Such data will not reasonably identify any individual participant or specific league.
11. Intellectual Property
FairWhistle retains all rights, title, and interest in the Services 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, maintain, and improve the Services.
12. Security
FairWhistle maintains administrative, technical, and physical safeguards aligned with industry-standard security practices. Data is encrypted in transit and at rest. While reasonable safeguards are implemented, no system is completely secure.
13. Third-Party Integrations
The Services may integrate with third-party platforms or APIs. FairWhistle is not responsible for third-party services, which are governed by their own terms and policies.
14. Disclaimer of Warranties
THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED.
15. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, FAIRWHISTLE SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES.
FAIRWHISTLE’S TOTAL LIABILITY SHALL NOT EXCEED THE GREATER OF THE AMOUNTS PAID TO FAIRWHISTLE IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM OR FIVE HUNDRED U.S. DOLLARS ($500).
16. Mandatory Arbitration and Class Action Waiver
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 waive the right to a trial by jury and agree that claims may be brought only in an individual capacity and not as part of a class, collective, or representative proceeding.
Arbitration shall be conducted under the Federal Arbitration Act and administered by the American Arbitration Association (AAA) under its applicable rules in Tennessee unless otherwise agreed.
17. Indemnification
You agree to indemnify and hold harmless FairWhistle from claims arising out of your use of the Services or violation of these Terms.
18. Governing Law
These Terms are governed by the laws of the State of Tennessee.
19. Changes to These Terms
We may update these Terms from time to time. Continued use of the Services constitutes acceptance of revised Terms.
20. Contact Information
FairWhistle, Inc.
406 11th Ave N, Suite 250
Nashville, TN 37203
legal@fairwhistle.com