Terms of Service

These Terms of Service ("Terms") form a binding legal agreement between you and Burke Digital LLC, a Maine single-member limited liability company located at 7 Sunrise Terrace, York, ME 03909 ("Burke Digital," "we," "us," or "our"), governing your access to and use of the Sacky mobile application, website, and related services (collectively, the "App" or "Sacky"). By downloading, installing, accessing, or using Sacky, you agree to be bound by these Terms. If you do not agree, do not use the App.

1. Acceptance of Terms

By accessing or using Sacky, you agree to be bound by these Terms, our Privacy Policy (https://sacky.app/privacy.html), and any additional terms applicable to specific features. If you do not agree, do not use the App. These Terms constitute the End User License Agreement ("EULA") between you and Burke Digital LLC for use of the Sacky application.

For features involving user-generated content or social interactions, you will be required to affirmatively agree to these Terms — including the zero-tolerance policy in Section 8 — by tapping "I Agree" or an equivalent confirmation during account registration or onboarding. Implicit acceptance through App use alone is not sufficient for UGC features; active agreement is required.

2. Eligibility

You must be at least 13 years old to use Sacky. If you are between 13 and 18, you must have permission from a parent or legal guardian. By creating an account and using Sacky, you confirm that you meet these requirements. Sacky is not directed to children under 13, and we do not knowingly collect information from children under 13.

Age Confirmation. By signing up, you confirm you are 13 or older and, if under 18, that you have parental permission to use Sacky. We rely on this self-confirmation to screen for eligibility. Users between 13 and 17 are subject to age-appropriate settings where applicable. As Sacky contains no content exceeding a 13+ rating, no additional feature restrictions are currently applied to teen users beyond standard COPPA protections. If we have reason to believe a user is under 13, we may suspend or terminate that account.

EU Users — GDPR Article 8 (GDPR-K). If you are located in the European Union or European Economic Area, the processing of your personal data in connection with Sacky is subject to GDPR Article 8. The GDPR sets the default digital age of consent at 16; however, individual EU member states may lower this threshold to a minimum of 13. Where the applicable digital age of consent in your EU member state is higher than 13, and you are below that age, we require verifiable parental or guardian consent before your personal data is processed. If you are a parent or legal guardian of an EU-based user who is below your country's digital age of consent, you may contact us at BurkeDigitalLLC@gmail.com to provide, withdraw, or manage consent on your child's behalf, and to exercise your rights to access, correct, or request erasure of your child's personal data. We will not knowingly process the personal data of an EU user below the applicable digital age of consent without verifiable parental consent.

3. Accounts

To use most features you must create an account by providing a username, name, email address, and (optionally) school, team, or club affiliation. You are responsible for maintaining the confidentiality of your credentials and for all activity under your account. Notify us immediately at BurkeDigitalLLC@gmail.com of any unauthorized access.

4. Account Deletion

You may delete your account at any time directly within the Sacky app under Settings → Account → Delete Account, or by emailing BurkeDigitalLLC@gmail.com. Upon deletion we will remove or de-identify your personal information within a reasonable period, subject to legal, safety, backup, and dispute-resolution exceptions described in our Privacy Policy. Some public content (such as comments, scores incorporated into rankings, or content reshared by others) may persist as described in the Privacy Policy.

5. Subscriptions and In-App Purchases (Sacky Pro)

Availability. Sacky Pro is not currently available for purchase. When Sacky Pro becomes available, the following terms will apply.

Pricing. Sacky Pro is offered as an auto-renewing subscription at $4.99 USD per week (or the local-currency equivalent shown in the App Store at the time of purchase). No free trial is offered at this time.

Payment. Payment will be charged to your Apple ID account at confirmation of purchase.

Auto-Renewal. Your subscription automatically renews unless auto-renew is turned off at least 24 hours before the end of the current period. Your account will be charged for renewal within 24 hours prior to the end of the current period at the then-current subscription price.

Managing and Canceling. You may manage your subscription and turn off auto-renewal by going to your Apple ID Account Settings on your device after purchase. Cancellation of a current subscription period is not permitted; cancellation takes effect at the end of the then-current period.

Restore Purchases. If you have previously purchased Sacky Pro and need to restore your subscription (for example, after reinstalling the App or on a new device), use the "Restore Purchases" option available in the App's subscription or settings screen. This will restore any active or previously active entitlements associated with your Apple ID.

Refunds. Refunds (where applicable) are handled by Apple in accordance with Apple's refund policies. To request a refund, visit reportaproblem.apple.com. Burke Digital LLC does not process refunds for App Store purchases.

Price Changes. We may change subscription pricing from time to time. Material price changes will be communicated through the App and will not take effect until your next renewal, with an opportunity to cancel before the new price applies.

Apple Privacy Policy and Terms. Subscription purchases are also subject to Apple's applicable terms and the App Store's standard terms of sale.

6. User Content and License

You retain ownership of all content you upload to Sacky, including videos, images, captions, and comments ("User Content"). By submitting User Content, you grant Burke Digital LLC a worldwide, non-exclusive, royalty-free, sublicensable, and transferable license to host, store, reproduce, modify, create derivative works from (such as highlight reels, ranking compilations, and AI score outputs), display, perform, distribute, and otherwise use your User Content in connection with operating, providing, promoting, and improving Sacky and Burke Digital LLC's business. This license continues for content that has been shared with others or incorporated into rankings until those parties delete or remove it.

Your Representations. By uploading content to Sacky, you represent and warrant that: (a) you own the content or have all necessary rights, licenses, consents, and permissions to upload it and grant the license in this Section; (b) every identifiable person shown in the content has given you permission to share their image; and (c) the content does not infringe any third party's copyright, trademark, privacy, publicity, or other rights. You are solely responsible for the content you upload.

7. Content Rules and Prohibited Conduct

You agree not to upload, post, or transmit any content or engage in any conduct that:

• is illegal, fraudulent, defamatory, obscene, pornographic, sexually explicit, or sexually exploitative of minors;
• is harassing, bullying, threatening, hateful, or promotes violence or discrimination against any individual or group;
• depicts or promotes self-harm, dangerous activities, illegal drug use, or other harmful behavior;
• infringes any copyright, trademark, patent, trade secret, privacy, publicity, or other proprietary right — including reposting videos filmed or owned by someone else without their permission;
• contains spam, malware, phishing links, or attempts to compromise the security of the App or other users;
• impersonates another person or misrepresents your affiliation with any person or entity;
• attempts to reverse engineer, decompile, scrape, or otherwise misuse the App or its underlying systems.

8. Zero-Tolerance Policy and Reporting Objectionable Content

Sacky enforces a zero-tolerance policy for objectionable content and abusive behavior, including content described in Section 7. Users found violating these rules may have content removed, accounts suspended, or accounts permanently terminated without notice.

Content Filtering. The App employs layered filtering: automated AI screening before clips are published and a community report threshold that auto-hides clips pending admin review after 3 or more distinct reporters. These mechanisms operate in addition to — and do not replace — user reporting and human review.

Restricted Mode. Users may enable Restricted Mode at any time via Settings. When Restricted Mode is active, clips that have been flagged or reported at least once are automatically hidden from your feed. Restricted Mode is entirely optional and can be toggled on or off at any time. It operates as an additional personal content filter layered on top of the App's existing automated screening and moderation systems.

Reporting. You may report objectionable content or abusive users at any time using the in-app report flow (available on every post, comment, and profile) or by emailing BurkeDigitalLLC@gmail.com with details of the report.

Moderation Commitment. We commit to reviewing reports of objectionable content and acting on them (by removing the content and/or ejecting the user) within 24 hours of receipt. You may also block any user directly from their profile to prevent further interaction.

9. Moderation and Enforcement

We reserve the right, but not the obligation, to monitor, review, remove, edit, or restrict any User Content or account at our discretion, with or without notice, for any reason including suspected violation of these Terms. We may also cooperate with law enforcement and respond to lawful requests for information.

10. Contests and Tournaments

From time to time, Sacky may sponsor contests, tournaments, or promotional competitions. Each contest is subject to the official rules presented in the app or otherwise made available by Sacky. By participating, users agree to follow those rules, including eligibility requirements, entry requirements, scoring procedures, deadlines, prize terms, and fair-play requirements. Sacky may review entries, verify scores, disqualify users for cheating, fake uploads, stolen clips, manipulated scores, spam, or other rule violations, and select the next eligible user if a winner is disqualified or does not respond. No purchase is necessary to enter or win unless otherwise stated in the official rules. Apple Inc. and Instagram are not sponsors of, affiliated with, responsible for, or involved in any Sacky contest or prize.

Sacky also offers "Duels" — head-to-head challenges (solo or club) where users submit clips that are scored by AI and may be voted on by the community. Each user is limited to one clip per duel; that submission is final and cannot be replaced or re-submitted, even if the user later deletes their clip. Daily duel limits apply, duel clips count toward your daily upload limit, and votes are final once cast. Duel results award duel bonus points that contribute to user and club rankings. Sacky may finalize, void, or adjust any duel for cheating, manipulation, or rule violations.

11. AI Disclaimer

Sacky uses artificial intelligence (including third-party models such as Google Gemini) to generate scores, grades, rankings, and feedback from uploaded videos. AI outputs are automated estimates and may be inaccurate, incomplete, biased, or inconsistent. AI scores are not official sport rulings, professional certifications, medical evaluations, or guarantees of skill, safety, or performance. Do not rely on AI outputs for any decision where accuracy is critical.

12. Intellectual Property

All content provided by Burke Digital LLC in connection with Sacky — including the App's software, design, trademarks, logos, branding, and AI scoring systems — is owned by Burke Digital LLC or its licensors and is protected by copyright, trademark, and other laws. You may not copy, modify, distribute, sell, or create derivative works of our intellectual property without prior written permission.

13. DMCA / Copyright Complaints

If you believe content on Sacky infringes your copyright, send a notice under the Digital Millennium Copyright Act (DMCA) to BurkeDigitalLLC@gmail.com including: (a) your physical or electronic signature; (b) identification of the copyrighted work; (c) identification of the allegedly infringing material and where it appears in the App; (d) your contact information; (e) a statement of good-faith belief that use is unauthorized; and (f) a statement, under penalty of perjury, that the information is accurate and that you are authorized to act. We may remove allegedly infringing content and terminate repeat infringers.

14. Third-Party Services

Sacky relies on third-party services including Apple App Store (distribution and payments), Supabase (backend hosting and database), RevenueCat (subscription management), Google Gemini (AI processing and content safety screening), and Lovable Cloud (managed infrastructure and cloud deployment). Your use of these services may be subject to their own terms and privacy policies. We are not responsible for the acts, omissions, content, or policies of third parties.

15. Termination

We may suspend or terminate your access to Sacky at any time, with or without notice, for any reason, including violation of these Terms. You may terminate your account at any time as described in Section 4. Sections that by their nature should survive termination (including Sections 6, 12, 16, 17, 18, 19, 20, and 21) will survive.

16. Disclaimers

THE APP IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ACCURACY. BURKE DIGITAL LLC DOES NOT WARRANT THAT THE APP WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE OF HARMFUL COMPONENTS, OR THAT AI OUTPUTS WILL BE ACCURATE OR RELIABLE.

17. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, BURKE DIGITAL LLC AND ITS OFFICERS, MEMBERS, EMPLOYEES, AND AGENTS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR LOSS OF PROFITS, DATA, GOODWILL, OR CONTENT, ARISING OUT OF OR RELATED TO YOUR USE OF THE APP, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR TOTAL LIABILITY FOR ALL CLAIMS RELATED TO THE APP WILL NOT EXCEED THE GREATER OF (A) THE AMOUNTS YOU PAID TO US IN THE TWELVE (12) MONTHS BEFORE THE CLAIM, OR (B) USD $100. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO PORTIONS OF THIS SECTION MAY NOT APPLY TO YOU.

18. Indemnification

You agree to defend, indemnify, and hold harmless Burke Digital LLC and its officers, members, employees, agents, and licensors from any claims, damages, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or related to: (a) your use of the App; (b) your User Content; (c) your violation of these Terms; or (d) your violation of any law or third-party right.

19. Governing Law and Dispute Resolution

Governing Law. These Terms are governed by the laws of the State of Maine, United States, without regard to its conflict-of-laws principles.

Binding Arbitration. Any dispute, claim, or controversy arising out of or relating to these Terms or the App will be resolved by binding individual arbitration administered by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules. Arbitration will take place in York County, Maine, or remotely. Judgment on any arbitration award may be entered in any court of competent jurisdiction.

Class Action Waiver. YOU AND BURKE DIGITAL LLC AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, OR REPRESENTATIVE PROCEEDING.

Opt-Out. You may opt out of this arbitration agreement by sending written notice to BurkeDigitalLLC@gmail.com within 30 days of first accepting these Terms.

Exceptions. Either party may bring an individual action in small-claims court, and either party may seek injunctive or equitable relief in court for intellectual-property infringement.

20. Apple-Specific Terms (EULA Addendum)

These Terms are concluded between you and Burke Digital LLC only, and not with Apple Inc. ("Apple"). Burke Digital LLC, not Apple, is solely responsible for the App and its content.

Scope of License. The license granted to you for the App is limited to a non-transferable license to use the App on any Apple-branded device that you own or control, as permitted by the Usage Rules in the Apple Media Services Terms and Conditions.

Maintenance and Support. Burke Digital LLC is solely responsible for providing any maintenance and support services with respect to the App. Apple has no obligation to provide maintenance or support.

Warranty. In the event of any failure of the App to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price (if any) for the App. To the maximum extent permitted by law, Apple has no other warranty obligation, and any other claims, losses, liabilities, damages, costs, or expenses attributable to any failure to conform to any warranty will be Burke Digital LLC's sole responsibility.

Product Claims. Burke Digital LLC, not Apple, is responsible for addressing any user or third-party claims relating to the App or possession and/or use of the App, including (i) product liability claims, (ii) claims that the App fails to conform to any legal or regulatory requirement, and (iii) claims arising under consumer protection, privacy, or similar legislation.

Intellectual Property Claims. In the event of any third-party claim that the App or your use of it infringes that third party's intellectual property rights, Burke Digital LLC, not Apple, will be solely responsible for the investigation, defense, settlement, and discharge of any such claim.

Legal Compliance. You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.

Third-Party Beneficiary. You acknowledge and agree that Apple, and Apple's subsidiaries, are third-party beneficiaries of these Terms, and that, upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary.

21. Changes to These Terms

We may update these Terms from time to time. Material changes will be communicated through the App or by updating the "Last Updated" date above. Your continued use of Sacky after changes take effect constitutes acceptance of the revised Terms. The current Terms of Service are always available at https://sacky.app/terms.html.

22. Severability and Entire Agreement

If any provision of these Terms is found unenforceable, the remaining provisions will remain in full force and effect. These Terms, together with our Privacy Policy (https://sacky.app/privacy.html), constitute the entire agreement between you and Burke Digital LLC regarding Sacky.

23. Contact

Burke Digital LLC
7 Sunrise Terrace, York, ME 03909, United States
Email: BurkeDigitalLLC@gmail.com
Terms of Service: https://sacky.app/terms.html
Privacy Policy: https://sacky.app/privacy.html