1. Acceptance of Terms
By accessing or using BluPlay ("Platform," "Service"), you ("School," "User," or "you") agree to be bound by these Terms of Service ("Terms"). If you are accepting on behalf of a school or organization, you represent that you have the authority to bind that entity. If you do not agree, do not use BluPlay.
2. Description of Service
BluPlay is an athletic management platform designed for K–12 schools, providing tools for event scheduling, roster management, athlete eligibility tracking, ticket sales, official assignments, and payment processing. The platform is intended for use by authorized school administrators, coaches, and officials only.
3. Eligibility and Authorized Use
- The Platform is intended for school administrators, coaches, athletic directors, and licensed officials who are 18 years of age or older.
- Student data may only be entered into the Platform by authorized school staff on behalf of students and their families.
- You agree to use the Platform solely for lawful, educational, and athletic management purposes.
- You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account.
4. Student Data and FERPA Obligations
Schools that use BluPlay remain the data controllers for all student education records. By using BluPlay, each school agrees to:
- Only upload or enter student data for which the school has obtained the necessary consents and authorizations under FERPA.
- Designate BluPlay as a "school official" with a legitimate educational interest, as permitted under FERPA (34 CFR § 99.31(a)(1)).
- Notify parents of their FERPA rights and the school's use of BluPlay as a service provider.
- Ensure that access to student records within BluPlay is limited to staff with a legitimate educational interest.
- Promptly notify BluPlay of any unauthorized access or breach of student education records.
5. COPPA Compliance Obligations
Schools using BluPlay to manage data for students under 13 agree that:
- The school provides consent on behalf of parents as permitted under the COPPA school-consent exception (16 CFR § 312.5(b)(1)) for the sole purpose of providing the educational service.
- BluPlay will not collect more information from students than is reasonably necessary to provide the service.
- No student under 13 will be permitted to directly create an account or directly submit personal information to BluPlay.
- Schools will inform parents of the types of student data being collected and how it is used within BluPlay.
6. Prohibited Uses
You agree not to:
- Use the Platform for any unlawful purpose or in violation of any federal, state, or local laws, including FERPA, COPPA, or applicable financial regulations.
- Share student personal information with unauthorized third parties.
- Attempt to gain unauthorized access to any part of the Platform, other accounts, or computer systems.
- Upload malicious code, viruses, or otherwise interfere with the Platform's integrity or security.
- Use student data for commercial advertising, profiling, or any purpose outside of the contracted educational service.
- Impersonate any person or entity or misrepresent your affiliation with a school or organization.
- Use the Platform for money laundering, fraud, structuring, or any activity prohibited under the Bank Secrecy Act (BSA) or applicable anti-money laundering (AML) laws.
7. Subscription and Payment Terms
- Access to BluPlay requires a paid subscription. Pricing and plan details are provided at the time of contract execution.
- Subscription fees are billed annually or as otherwise agreed. Fees are non-refundable except as required by law or as specified in your service agreement.
- We reserve the right to suspend or terminate access for non-payment after reasonable notice.
- Ticket sales and official payments processed through BluPlay are subject to applicable payment processor terms and fees, which will be disclosed at the time of transaction.
8. Ticket Sales and Refund Policy
- Ticket purchases are processed in real time. All sales are final unless an event is canceled or postponed by the hosting school.
- In the event of a school-canceled or school-postponed event, BluPlay will facilitate refunds to the original payment method within 5–10 business days, less any non-refundable processing fees.
- BluPlay is not responsible for buyer errors (e.g., wrong event, wrong quantity). Refund requests due to buyer error are at the sole discretion of the hosting school.
- Chargebacks initiated outside of this process may result in account suspension pending investigation.
9. Official Payments and Disbursements
BluPlay facilitates the payment of licensed game officials on behalf of schools. The following terms govern disbursements:
- BluPlay acts as a payment facilitator and does not hold funds as a money transmitter. All fund movement is processed through licensed third-party payment processors subject to applicable state and federal money transmission laws.
- Schools are responsible for authorizing and approving all official pay rates, travel fees, and payment totals before disbursement.
- Officials receiving payments through BluPlay may be required to submit a completed IRS Form W-9 (or W-8BEN for non-U.S. payees) prior to receiving funds. Failure to provide accurate tax information may delay or suspend payments.
- BluPlay will issue IRS Form 1099-NEC to any official who receives $600 or more in a calendar year, as required under 26 U.S.C. § 6041A and IRS guidelines.
- Payment processing times vary by method (ACH: 2–5 business days; check: 5–10 business days). BluPlay is not liable for delays caused by third-party processors or financial institutions.
- In the event of a payment dispute, BluPlay will cooperate in good faith to investigate and resolve the issue but is not liable for funds disbursed based on school-approved records.
- BluPlay reserves the right to withhold or reverse payments if fraud, account inaccuracy, or regulatory non-compliance is suspected.
10. PCI DSS and Financial Security
BluPlay is committed to maintaining a secure financial transaction environment:
- All payment card transactions are processed through PCI DSS Level 1-compliant payment processors. BluPlay does not store, process, or transmit full cardholder data on its own servers.
- Bank account information provided for direct deposit is encrypted at rest (AES-256) and in transit (TLS 1.2+).
- Users must not attempt to circumvent payment systems, reverse-engineer transaction flows, or use the Platform for any fraudulent financial activity.
- BluPlay reserves the right to suspend accounts and report suspicious financial activity to appropriate authorities in compliance with applicable AML and BSA obligations.
11. Tax Compliance
- Schools are responsible for ensuring that official compensation rates comply with applicable federal, state, and local tax laws.
- Officials are responsible for reporting all income received through BluPlay on their federal and state tax returns.
- BluPlay will provide payees with required tax forms (1099-NEC) by January 31 of the year following the tax year in which qualifying payments were made.
- Payees who fail to provide accurate W-9 information may be subject to IRS backup withholding at the applicable rate (currently 24%), which BluPlay may be required to withhold and remit to the IRS.
- BluPlay does not provide tax, legal, or financial advice. Users should consult a qualified tax professional regarding their obligations.
- Schools acknowledge that payments made through BluPlay to officials may constitute taxable compensation and agree to maintain accurate records of all approved payments.
12. Intellectual Property
BluPlay and all associated content, features, and functionality (including but not limited to software, text, graphics, and logos) are owned by BluPlay and are protected by copyright, trademark, and other intellectual property laws. You are granted a limited, non-exclusive, non-transferable license to use the Platform solely for its intended purpose. Schools retain ownership of all data they upload to the Platform.
13. Data Security and Breach Notification
BluPlay maintains industry-standard security practices to protect user data. In the event of a data breach affecting student education records or financial data, BluPlay will notify the affected school(s) without unreasonable delay and will cooperate with the school's breach response and regulatory reporting obligations, including any applicable state breach notification laws.
14. Disclaimer of Warranties
The Platform is 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, or non-infringement. We do not warrant that the Platform will be uninterrupted, error-free, or free of harmful components.
15. Limitation of Liability
To the maximum extent permitted by applicable law, BluPlay shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including loss of data, revenue, or profits, arising out of or related to your use of the Platform. BluPlay is not liable for losses arising from payment processor failures, banking system outages, IRS penalties resulting from inaccurate payee information, or delayed tax filings. BluPlay's total liability for any claim arising from or related to these Terms shall not exceed the subscription fees paid by you in the twelve (12) months preceding the claim.
16. Termination
Either party may terminate the service agreement with written notice as specified in the school's subscription contract. Upon termination, BluPlay will provide the school with a data export and will delete or destroy all school and student data within 60 days, unless a longer retention period is required by law. Financial records are retained for seven (7) years per IRS requirements. Sections 4, 5, 9, 10, 11, 12, 13, 14, and 15 survive termination.
17. Governing Law and Dispute Resolution
These Terms are governed by the laws of the United States and the state in which the school is located, without regard to conflict of law principles. Any disputes arising from these Terms shall be resolved through good-faith negotiation, and if unresolved, through binding arbitration in accordance with the American Arbitration Association (AAA) rules, or through applicable federal or state courts.
18. Changes to Terms
We may update these Terms from time to time. We will provide at least 30 days' advance notice of material changes via email or in-platform notification. Continued use of the Platform after the effective date constitutes acceptance of the updated Terms.
19. Contact
For questions regarding these Terms, please contact:
support@bluplay.app
BluPlay · Athletic Management Platform