Terms of Service

Last updated: October 20, 2025

1. Acceptance of Terms

These Terms of Service ("Terms") constitute a legally binding agreement between you ("User," "you," or "your") and Dinkdar LLC ("Dinkdar," "we," "us," or "our") governing your use of the Dinkdar mobile application (the "App").

By creating an account, accessing, or using the App, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy.

2. Eligibility

To use the App, you must:

• Be at least 13 years of age
• Have the legal capacity to enter into a binding contract
• Not be prohibited from using the App under applicable law
• Provide accurate and complete registration information

If you are under 18, you must have your parent or legal guardian's permission to use the App.

3. Account Registration and Security

3.1 Account Creation

To access certain features, you must create an account. You may register using:

• Email and password
• Google OAuth
• Apple Sign-In

3.2 Account Security

You are responsible for:

• Maintaining the confidentiality of your account credentials
• All activities that occur under your account
• Notifying us immediately of any unauthorized use

3.3 Account Accuracy

You agree to provide accurate, current, and complete information and to update this information as needed to maintain its accuracy.

4. License and Use of the App

4.1 Limited License

Subject to these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to use the App for personal, non-commercial purposes.

4.2 Restrictions

You agree NOT to:

• Modify, copy, distribute, or create derivative works of the App
• Reverse engineer, decompile, or disassemble the App
• Remove or alter any copyright, trademark, or proprietary notices
• Use the App for any illegal or unauthorized purpose
• Interfere with or disrupt the App's functionality or servers
• Attempt to gain unauthorized access to any part of the App
• Use automated scripts, bots, or crawlers to access the App
• Upload viruses, malware, or malicious code
• Impersonate another person or entity
• Harass, abuse, or harm other users

5. App Features and Services

5.1 Court Finder

The App provides location-based information about pickleball courts. You acknowledge that:

• Court information is provided for informational purposes only
• We do not guarantee the accuracy, completeness, or availability of court data
• Court hours, amenities, and availability may change without notice
• We are not responsible for court conditions or access restrictions

5.2 Real-Time Activity Data

Activity levels are calculated using algorithms and user-submitted data. These estimates:

• Are provided for convenience and may not be 100% accurate
• Should not be solely relied upon for planning purposes
• May vary based on data availability and timing

5.3 Check-Ins and User-Generated Content

When submitting check-ins or ATP (Asking to Play) requests:

• You grant us a non-exclusive, worldwide, royalty-free license to use, display, and distribute your submissions
• You represent that your submissions are accurate and do not violate any rights of third parties
• You agree not to submit false, misleading, or malicious information
• We reserve the right to remove any content that violates these Terms

5.4 ATP (Asking to Play)

The ATP feature connects users looking for players. You acknowledge:

• We are not responsible for interactions between users
• You use ATP at your own risk and should exercise caution when meeting others
• We do not conduct background checks on users
• Safety is your responsibility when interacting with other users

6. Subscription and Payment Terms

6.1 Subscription Tiers

Dinkdar offers the following subscription options:

• Free Tier: Basic access with ads and limited features
• Pro Tier: $4.99/month - Ad-free experience, ATP activation, unlimited favorites
• Premium Tier: $9.99/month - Pro features plus heat maps and advanced analytics

6.2 Billing and Renewal

• Subscriptions are billed monthly through Apple App Store or Google Play Store
• Subscriptions automatically renew unless canceled 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
• Manage subscriptions and turn off auto-renewal in your App Store or Google Play account settings

6.3 Refunds

• Refunds are handled by Apple or Google according to their respective policies
• We do not provide direct refunds for subscriptions
• Contact Apple or Google support for refund requests
• No refunds for partial subscription periods

6.4 Free Trials

If we offer a free trial:

• You will be charged at the end of the trial period unless you cancel before it ends
• Free trials are limited to one per user
• We reserve the right to determine free trial eligibility

6.5 Price Changes

We reserve the right to modify subscription prices. You will be notified of price changes in advance, and changes will take effect on your next renewal date.

7. Advertising

Free-tier users will see advertisements within the App. By using the free tier, you acknowledge and agree that:

• Third-party advertisers may collect data about you
• Ads are served by Google AdMob (subject to Google's privacy policy)
• We are not responsible for the content of third-party ads
• Clicking on ads is at your own risk

8. Intellectual Property

8.1 Ownership

The App, including all content, features, and functionality, is owned by Dinkdar LLC and is protected by copyright, trademark, and other intellectual property laws.

8.2 Trademarks

"Dinkdar" and our logo are trademarks of Dinkdar LLC. You may not use our trademarks without our prior written consent.

8.3 User Content

You retain ownership of content you submit (check-ins, ATP requests), but you grant us a license to use, display, and distribute it as necessary to operate the App.

9. Privacy and Data

Your use of the App is subject to our Privacy Policy. By using the App, you consent to our collection, use, and disclosure of your information as described in the Privacy Policy.

9.1 Location Data

The App requires access to your location to function. You can revoke location access at any time through your device settings, but this will limit App functionality.

10. Disclaimers and Limitations of Liability

10.1 "As Is" Basis

THE APP IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO:

• Warranties of merchantability
• Fitness for a particular purpose
• Non-infringement
• Accuracy, reliability, or completeness of information
• Uninterrupted or error-free operation

10.2 No Liability for Third-Party Content

We are not responsible for:

• Court information accuracy (hours, amenities, access)
• User-submitted content (check-ins, ATP requests)
• Third-party services (Google Maps, OAuth providers)
• Interactions between users

10.3 Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, DINKDAR LLC AND ITS AFFILIATES SHALL NOT BE LIABLE FOR:

• Indirect, incidental, special, consequential, or punitive damages
• Loss of profits, revenue, data, or use
• Personal injury or property damage
• Damages arising from your use or inability to use the App
• Any third-party content or conduct

Our total liability shall not exceed the amount you paid us in the past 12 months, or $100, whichever is greater.

10.4 Assumption of Risk

You acknowledge that:

• Pickleball is a physical activity with inherent risks
• You assume all risks associated with using court information from the App
• You are responsible for your own safety and health when playing pickleball
• We do not verify court conditions, safety, or accessibility

11. Indemnification

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

• Your use of the App
• Your violation of these Terms
• Your violation of any third-party rights
• Your user-generated content
• Your interactions with other users

12. Termination

12.1 Termination by You

You may terminate your account at any time by:

• Deleting your account through the App settings
• Contacting us at support@dinkdar.net

12.2 Termination by Us

We may suspend or terminate your account immediately, without notice, if:

• You violate these Terms
• You engage in fraudulent or illegal activity
• You abuse or harass other users
• We are required to do so by law
• We discontinue the App

12.3 Effect of Termination

Upon termination:

• Your right to use the App immediately ceases
• We may delete your account and data
• You remain liable for any outstanding payments
• Subscriptions are non-refundable upon termination

13. Modifications to the App and Terms

13.1 App Changes

We reserve the right to:

• Modify, suspend, or discontinue any feature of the App
• Change subscription prices with notice
• Update the App for bug fixes and improvements

13.2 Terms Changes

We may update these Terms from time to time. When we do:

• We will update the "Last updated" date
• We will notify you via email or in-app notification for material changes
• Your continued use constitutes acceptance of the updated Terms

14. Dispute Resolution

14.1 Informal Resolution

Before filing a claim, you agree to contact us at legal@dinkdar.net to attempt to resolve the dispute informally.

14.2 Arbitration Agreement

Any dispute arising from these Terms or the App shall be resolved through binding arbitration, not in court, except for:

• Small claims court disputes (under $10,000)
• Intellectual property disputes
• Disputes seeking injunctive relief

14.3 Class Action Waiver

You agree that disputes will be resolved individually, not as a class action, and you waive your right to participate in a class action lawsuit.

15. Governing Law

These Terms are governed by the laws of North Carolina, without regard to conflict of law principles. Any legal action must be brought in the state or federal courts located in Wake County, North Carolina.

16. Miscellaneous

16.1 Severability

If any provision of these Terms is found invalid or unenforceable, the remaining provisions remain in full force and effect.

16.2 Entire Agreement

These Terms, together with the Privacy Policy, constitute the entire agreement between you and Dinkdar LLC regarding the App.

16.3 Waiver

Our failure to enforce any provision does not constitute a waiver of that provision.

16.4 Assignment

You may not assign these Terms without our consent. We may assign these Terms to an affiliate or in connection with a merger or sale.

16.5 Force Majeure

We are not liable for delays or failures due to circumstances beyond our reasonable control (e.g., natural disasters, internet outages, government actions).

17. Contact Information

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