Last updated: March 1, 2026
These Terms of Service ("Terms") govern your use of the Next Batter Up mobile application (the "App") developed by Joshua Hart, doing business as Hartistic ("we," "us," or "our"). By downloading or using the App, you agree to these Terms.
The App is designed to help you create walk-up music experiences for baseball and softball players. You may use the App for personal, non-commercial purposes in accordance with these Terms.
The App requires an active Apple Music subscription and the Apple Music app installed on your device. Songs must be downloaded to your device for use with the App. We are not affiliated with Apple Music, and your use of Apple Music is subject to Apple's terms and conditions. Spotify, Amazon Music, YouTube Music, and other streaming services are not supported.
The App uses a third-party text-to-speech service (ElevenLabs) to generate AI voice announcements. By using this feature, you acknowledge that the announcement text you enter will be sent to ElevenLabs for processing. Your use of this feature is also subject to ElevenLabs' terms of service. We are not responsible for ElevenLabs' data handling practices.
You are responsible for any content you create within the App, including player names, team names, recorded voice announcements, and AI-generated announcements. You agree not to use the App to create content that is unlawful, defamatory, or infringes on the rights of others. You agree not to use the AI voice announcement feature to generate harmful, abusive, or misleading content.
The App, including its design, code, graphics, mascot artwork, and AI announcer characters, is owned by Joshua Hart / Hartistic and is protected by copyright and other intellectual property laws. You may not copy, modify, distribute, or reverse-engineer any part of the App.
Music played through the App is licensed through Apple Music and remains the property of its respective rights holders. The App does not grant you any rights to the underlying music beyond what is provided by your Apple Music subscription.
The App is available for a one-time purchase price through the Apple App Store. All purchases are processed by Apple and are subject to Apple's refund policies. We do not process payments directly.
The App offers optional iCloud backup and restore functionality. You are responsible for managing your iCloud storage and backups. We are not responsible for data loss resulting from iCloud service interruptions, device failures, or accidental deletion.
The App 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, and non-infringement. We do not guarantee that the App will be uninterrupted, error-free, or compatible with all devices or iOS versions. We do not guarantee the availability, accuracy, or quality of AI-generated voice announcements.
To the fullest extent permitted by applicable law, Joshua Hart / Hartistic shall not be liable for any indirect, incidental, special, consequential, or punitive damages arising from your use of or inability to use the App, including but not limited to loss of data, interruptions during games or events, or issues arising from third-party services (Apple Music, iCloud, ElevenLabs). Our total liability for any claim arising from the App shall not exceed the amount you paid for the App.
You agree to indemnify and hold harmless Joshua Hart / Hartistic from any claims, damages, losses, or expenses (including reasonable legal fees) arising from your use of the App, your violation of these Terms, or your violation of any rights of a third party.
You may stop using the App at any time by deleting it from your device. We reserve the right to update, modify, or discontinue the App (or any features thereof) at any time without notice or liability.
We may update these Terms from time to time. We will update the "Last updated" date at the top of this page. Continued use of the App after changes are posted constitutes your acceptance of the revised Terms.
These Terms shall be governed by and construed in accordance with the laws of the United States, without regard to conflict of law principles.
If any provision of these Terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that the remaining Terms remain in full force and effect.
These Terms, together with our Privacy Policy, constitute the entire agreement between you and us regarding your use of the App and supersede any prior agreements.
If you have questions about these Terms, please contact us at:
Joshua Hart / Hartistic
Email: support@remori.io