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CinchCourt
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Terms of Service

Last updated: December 2, 2024

Table of Contents

  1. Acceptance of Terms
  2. Eligibility
  3. Account Registration
  4. Description of Service
  5. Subscriptions and Payments
  6. User Conduct
  7. User Content
  8. Intellectual Property
  9. Third-Party Services
  10. Disclaimers
  11. Limitation of Liability
  12. Indemnification
  13. Termination
  14. Dispute Resolution
  15. Modifications to Terms
  16. General Provisions
  17. Contact Information

1. Acceptance of Terms

Welcome to CinchCourt! These Terms of Service ("Terms") constitute a legally binding agreement between you ("User," "you," or "your") and CinchCourt ("Company," "we," "us," or "our") governing your access to and use of the CinchCourt mobile application ("App") and related services (collectively, the "Service").

By downloading, installing, accessing, or using the Service, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you do not agree to these Terms, you must not access or use the Service.

These Terms apply to all users of the Service, including visitors, registered users, and premium subscribers.

2. Eligibility

To use the Service, you must:

  • Age Requirement: Be at least 13 years of age. If you are between 13 and 18 years old (or the age of legal majority in your jurisdiction), you may only use the Service with the consent and supervision of a parent or legal guardian who agrees to be bound by these Terms.
  • Legal Capacity: Have the legal capacity to enter into a binding agreement.
  • Compliance: Not be prohibited from using the Service under any applicable law.
  • No Prior Termination: Not have had your account previously terminated by us for violation of these Terms.

By using the Service, you represent and warrant that you meet all eligibility requirements.

3. Account Registration

3.1 Creating an Account

To access certain features of the Service, you must create an account. When registering, you agree to:

  • Provide accurate, current, and complete information
  • Maintain and promptly update your account information
  • Keep your login credentials confidential and secure
  • Accept responsibility for all activities under your account
  • Notify us immediately of any unauthorized access or security breach

3.2 Account Security

You are responsible for maintaining the confidentiality of your account credentials. We are not liable for any loss or damage arising from your failure to protect your account information.

3.3 One Account Per User

Each user may maintain only one active account. Creating multiple accounts to manipulate ratings, queue positions, or other Service features is strictly prohibited and may result in immediate termination of all associated accounts.

4. Description of Service

4.1 Core Features

CinchCourt is a pickleball matchmaking platform that provides:

  • Queue Management: Join and manage queues at pickleball courts and parks
  • Matchmaking: Automated matching based on skill ratings (ELO system) or first-in-first-out (FIFO)
  • Group Play: Create and manage groups of players for team-based queuing
  • Rating System: Track and improve your skill rating through competitive play
  • Park Discovery: Find nearby pickleball courts and parks
  • Score Tracking: Submit and track match scores
  • Real-Time Notifications: Receive alerts for matches, invitations, and updates

4.2 Premium Features

CinchCourt Premium offers additional features including:

  • Complete match history
  • Rating progression charts and analytics
  • Performance insights and trends
  • Global and park-specific leaderboards
  • Advanced analytics
  • Ad-free experience

4.3 Service Availability

We strive to maintain continuous service availability but do not guarantee uninterrupted access. The Service may be temporarily unavailable due to maintenance, updates, or circumstances beyond our control.

5. Subscriptions and Payments

5.1 Subscription Plans

CinchCourt offers the following subscription options:

  • Monthly Subscription: $4.99 per month
  • Annual Subscription: $39.99 per year

Prices are subject to change. Any price changes will be communicated in advance and will not affect active subscription periods.

5.2 Billing and Auto-Renewal

IMPORTANT - AUTO-RENEWAL: Subscriptions automatically renew at the end of each billing period unless cancelled. By subscribing, you authorize us to charge your payment method on a recurring basis.

  • Monthly subscriptions renew every 30 days
  • Annual subscriptions renew every 365 days
  • You will be charged within 24 hours before the end of the current period

5.3 Payment Processing

Payments are processed through the Apple App Store (iOS) or Google Play Store (Android). All payment terms, including refunds, are subject to the respective platform's terms and policies:

  • Apple: Apple Media Services Terms and Conditions
  • Google: Google Play Terms of Service

5.4 Cancellation

You may cancel your subscription at any time through your device's subscription settings:

  • iOS: Settings > [Your Name] > Subscriptions > CinchCourt > Cancel
  • Android: Google Play Store > Menu > Subscriptions > CinchCourt > Cancel

Cancellation takes effect at the end of the current billing period. You will retain access to premium features until then. No refunds are provided for partial subscription periods.

5.5 Free Trial

If offered, free trials automatically convert to paid subscriptions unless cancelled before the trial ends. You will be charged the applicable subscription fee upon trial expiration.

6. User Conduct

6.1 Acceptable Use

You agree to use the Service responsibly and in accordance with these Terms. You must:

  • Treat other users with respect and sportsmanship
  • Provide accurate information and honest score reporting
  • Honor match commitments when accepting queue matches
  • Follow the rules of the parks and facilities where you play

6.2 Prohibited Conduct

You agree NOT to:

  • Manipulate the System: Falsify scores, manipulate ratings, abuse the queue system, or exploit bugs or vulnerabilities
  • Harass Others: Engage in harassment, bullying, threats, or abusive behavior toward other users
  • Cheat: Use unfair means to gain competitive advantage, including collusion with other players
  • Spam: Send unsolicited messages, advertisements, or promotional content
  • Impersonate: Misrepresent your identity or impersonate another person
  • Discriminate: Engage in discrimination based on race, gender, religion, nationality, disability, sexual orientation, or age
  • Circumvent Security: Attempt to bypass security measures, reverse engineer the App, or access unauthorized systems
  • Violate Laws: Use the Service for any illegal purpose or in violation of applicable laws
  • Commercial Use: Use the Service for unauthorized commercial purposes

6.3 Reporting Violations

Users may report violations through the in-app reporting feature. We investigate all reports and take appropriate action, which may include warnings, temporary suspensions, or permanent account termination.

7. User Content

7.1 Your Content

You retain ownership of content you submit through the Service ("User Content"), including profile information, court names, and submitted scores. By submitting User Content, you grant us a worldwide, non-exclusive, royalty-free license to use, reproduce, modify, and display such content in connection with operating and improving the Service.

7.2 Content Standards

User Content must not:

  • Be false, misleading, or deceptive
  • Be defamatory, obscene, offensive, or hateful
  • Infringe on any third party's intellectual property or privacy rights
  • Contain viruses, malware, or harmful code
  • Violate any applicable law or regulation

7.3 Content Removal

We reserve the right to remove any User Content that violates these Terms or that we deem inappropriate, without prior notice.

8. Intellectual Property

8.1 Our Rights

The Service, including its design, features, functionality, code, graphics, logos, and trademarks, is owned by CinchCourt and protected by intellectual property laws. You may not copy, modify, distribute, sell, or lease any part of the Service without our written consent.

8.2 Limited License

We grant you a limited, non-exclusive, non-transferable, revocable license to use the App for personal, non-commercial purposes in accordance with these Terms. This license does not include the right to:

  • Modify or create derivative works of the Service
  • Reverse engineer, decompile, or disassemble the App
  • Remove any copyright, trademark, or proprietary notices
  • Use any automated systems to access the Service

8.3 Feedback

Any feedback, suggestions, or ideas you provide about the Service become our property. We may use such feedback without any obligation to you.

9. Third-Party Services

The Service may integrate with or contain links to third-party services, including:

  • Authentication providers (e.g., Supabase)
  • Payment processors (Apple App Store, Google Play)
  • Analytics services
  • Push notification services

Your use of third-party services is subject to their respective terms and privacy policies. We are not responsible for the content, accuracy, or practices of third-party services.

10. Disclaimers

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

To the fullest extent permitted by law, we disclaim all warranties, including but not limited to:

  • Merchantability and fitness for a particular purpose
  • Non-infringement of third-party rights
  • Accuracy, reliability, or completeness of information
  • Uninterrupted, secure, or error-free operation
  • Correction of defects or errors

We do not guarantee:

  • The accuracy of skill ratings or matchmaking results
  • The availability of players or matches at any given time
  • The behavior or conduct of other users
  • The safety or condition of park facilities

11. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL CINCHCOURT, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR AFFILIATES BE LIABLE FOR:

  • Any indirect, incidental, special, consequential, or punitive damages
  • Loss of profits, data, use, goodwill, or other intangible losses
  • Damages resulting from your access to or use of (or inability to access or use) the Service
  • Conduct or content of any third party on the Service
  • Personal injury or property damage arising from your use of the Service

Our total liability for any claims arising from these Terms or your use of the Service shall not exceed the amount you paid us in the twelve (12) months preceding the claim, or $100, whichever is greater.

Some jurisdictions do not allow the exclusion of certain warranties or limitation of liability, so some of the above limitations may not apply to you.

12. Indemnification

You agree to indemnify, defend, and hold harmless CinchCourt and its officers, directors, employees, agents, and affiliates from and against any claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising from:

  • Your violation of these Terms
  • Your violation of any rights of another party
  • Your User Content
  • Your conduct in connection with the Service

13. Termination

13.1 Termination by You

You may terminate your account at any time by deleting your account through the App settings or by contacting us. Upon termination:

  • Your access to the Service will be revoked
  • Your data may be deleted in accordance with our Privacy Policy
  • Active subscriptions must be cancelled separately through your device's settings

13.2 Termination by Us

We may suspend or terminate your account at any time, with or without cause or notice, including for:

  • Violation of these Terms
  • Suspected fraudulent, abusive, or illegal activity
  • Extended periods of inactivity
  • Requests by law enforcement
  • Discontinuation of the Service

13.3 Effect of Termination

Upon termination, your right to use the Service immediately ceases. Sections of these Terms that by their nature should survive termination shall survive, including intellectual property provisions, disclaimers, limitations of liability, and dispute resolution.

14. Dispute Resolution

14.1 Informal Resolution

Before initiating any formal dispute resolution, you agree to contact us and attempt to resolve any dispute informally. Most concerns can be quickly resolved this way.

14.2 Binding Arbitration

If informal resolution fails, you and CinchCourt agree to resolve any disputes through binding arbitration rather than in court, except for claims that may be brought in small claims court. Arbitration shall be conducted under the rules of the American Arbitration Association (AAA).

14.3 Class Action Waiver

YOU AND CINCHCOURT AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.

14.4 Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of California, without regard to its conflict of law provisions.

15. Modifications to Terms

We reserve the right to modify these Terms at any time. When we make changes:

  • We will update the "Last updated" date at the top of this page
  • For material changes, we will provide notice through the App or by email
  • Your continued use of the Service after changes take effect constitutes acceptance of the modified Terms

If you do not agree to the modified Terms, you must stop using the Service.

16. General Provisions

16.1 Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and CinchCourt regarding the Service.

16.2 Severability

If any provision of these Terms is found to be unenforceable, the remaining provisions will continue in full force and effect.

16.3 Waiver

Our failure to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.

16.4 Assignment

You may not assign or transfer these Terms or your rights hereunder without our prior written consent. We may assign our rights and obligations without restriction.

16.5 No Third-Party Beneficiaries

These Terms do not create any third-party beneficiary rights.

16.6 Force Majeure

We shall not be liable for any failure or delay in performance due to circumstances beyond our reasonable control, including natural disasters, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, or accidents.

17. Contact Information

Questions about these Terms?

If you have any questions, concerns, or feedback about these Terms of Service, please contact us:

Email: legal@cinchcourt.com

Support: support@cinchcourt.com

By using CinchCourt, you acknowledge that you have read and understood these Terms of Service.

© 2024 CinchCourt. All rights reserved.

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