Terms of Service

1. Acceptance of these terms

By downloading, installing, opening, or using Pickleball NOW (the "App") or the website at playlocalgame.com (the "Site"), you agree to these Terms of Service ("Terms") and to our Privacy Policy.

If you do not agree, do not use the App or Site.

These Terms form a binding legal agreement between you and PlayLocal Sports LLC, a Delaware limited liability company ("Pickleball NOW," "we," "us," or "our").

2. What the service is — and isn't

🟢 Pickleball NOW is a free directory of public outdoor pickleball courts combined with an anonymous, location-based signal that shows how many players are currently checked in at each court.

🔴 Pickleball NOW is NOT:

• A reservation system — we do not book or hold courts for you
• A guarantee that any listed court is open, public, in good repair, or safe
• An endorsement of any specific court, facility, or operator
• A coaching, instruction, or matchmaking service
• A medical, fitness, or safety advisory service
• An identity-verified social network — check-ins are anonymous and counts can be imprecise

3. Eligibility — you must be 13 or older

You must be at least 13 years old to use the App or Site. By using it, you represent that you meet this age requirement.

If you are under 18, you also represent that you have your parent or legal guardian's permission to use the App, and that they have reviewed and agreed to these Terms on your behalf.

If we learn that we have collected information from a user under 13, we will delete it. See our Privacy Policy §9 for details.

4. No account, no login

Pickleball NOW does not require you to create an account, sign up, or share your name, email, or phone number. You access the service anonymously through a randomly generated device identifier.

You may use the App as a static court directory at any time without enabling auto check-in. To contribute to the live "X playing now" count, you must enable location access and auto check-in. See our Privacy Policy for details on how location data is handled.

5. User conduct — what you agree NOT to do

You agree NOT to:

• 🔴 Use the App or Site for any unlawful purpose, or to facilitate any unlawful activity
• 🔴 Submit false court information, fake check-ins, or fraudulent corrections
• 🔴 Use automated scripts, bots, scrapers, or any technical means to inflate check-in counts, harvest court data, or otherwise interfere with the service
• 🔴 Reverse-engineer, decompile, or attempt to extract source code from the App, except as expressly permitted by law
• 🔴 Use the service to harass, stalk, threaten, dox, or harm any other person, including other players at any court
• 🔴 Use the service to discriminate against any person based on a protected characteristic
• 🔴 Trespass on private property based on a court listing — verify a court is open to the public before entering
• 🔴 Misrepresent your affiliation with Pickleball NOW or PlayLocal Sports LLC
• 🔴 Use the service in a way that violates the rules of any court, park, facility, or property where you are physically located
• 🔴 Resell, sublicense, white-label, or commercially redistribute the service without our prior written permission

We may suspend, block, or terminate your access to the service for any violation of these rules — with or without notice.

6. Court data accuracy — read this carefully

The court directory is compiled from public records, community submissions, and third-party sources. We do not visit, inspect, or verify every court.

🟡 A court listing means we believe a court exists at that location. It does not mean:

• 🔴 The court is currently open or operational
• 🔴 The court is open to the public at this time of day
• 🔴 The court is free to use (some may charge fees, require permits, or require membership)
• 🔴 The court is in good physical condition or safe to play on
• 🔴 The court permits the activity you intend to do
• 🔴 The hours, lighting, fees, or rules shown are current or accurate
• 🔴 You will not encounter weather, wildlife, or other natural hazards
• 🔴 The address or GPS coordinates are precise enough for emergency navigation

You are responsible for verifying a court is open, public, and safe before entering. If a listing is wrong, please submit a correction.

The "X playing now" count is an approximate signal based on anonymous device check-ins. It can be wrong due to GPS drift, app crashes, network delays, low usage, abuse, or honest errors. Do not rely on it for any decision involving safety, transportation, or money.

7. Location services

Auto check-in requires your device's GPS location. You may grant, deny, or revoke location access at any time through your device's system settings.

By enabling location access, you consent to the collection and use of your precise geolocation as described in our Privacy Policy §4. We use your location only to detect proximity to a public pickleball court and never sell, share, or transfer it to a third party for advertising or profiling.

⚠️ Do not use the App while driving, cycling, or operating any vehicle or machinery. Notifications and check-ins are not time-sensitive emergencies and can wait.

8. Third-party services

Pickleball NOW relies on third-party services including Apple (iOS and App Store), Supabase (data storage), Netlify (web hosting), Google Analytics (anonymous usage metrics), Esri (satellite imagery), and OpenStreetMap (place-name labels).

Each third-party service has its own terms and privacy policy. We are not responsible for their actions, outages, data handling, or policies. You agree that your use of those services is governed by their terms, not ours.

If you obtained the App through Apple's App Store, you also agree to Apple's standard end-user license terms, and you acknowledge that Apple has no obligation to provide maintenance or support for the App. Apple is a third-party beneficiary of these Terms with the right to enforce them against you.

9. Intellectual property

The Pickleball NOW name, logo, App, Site, source code, design, user interface, court database, aggregated analytics, and all related materials are owned by PlayLocal Sports LLC and protected by copyright, trademark, trade secret, and other intellectual property laws.

We grant you a limited, non-exclusive, non-transferable, revocable license to use the App and Site for your personal, non-commercial use, subject to these Terms. All other rights are reserved.

"Pickleball NOW," the green "P" mark, and "PlayLocal" are trademarks of PlayLocal Sports LLC. Other product and company names are trademarks of their respective owners.

10. User-submitted content (court corrections, etc.)

If you submit a court correction, suggestion, photo, comment, or any other content to us, you grant PlayLocal Sports LLC a worldwide, royalty-free, perpetual, irrevocable, sublicensable, transferable license to use, copy, modify, publish, display, distribute, and incorporate that content into the service without compensation to you.

You represent that any content you submit is your own original work, accurate to the best of your knowledge, and does not infringe any third party's rights.

We may, but are not obligated to, review, edit, accept, reject, or remove any submission at our sole discretion.

11. Disclaimer of warranties — "AS IS" service

The app and site are provided "as is" and "as available," without warranty of any kind, express or implied.

To the maximum extent permitted by law, PlayLocal Sports LLC, its members, officers, employees, contractors, agents, partners, and licensors disclaim all warranties, including but not limited to: warranties of merchantability, fitness for a particular purpose, non-infringement, accuracy, completeness, reliability, uninterrupted availability, freedom from viruses or harmful components, and any warranty arising from course of dealing or usage of trade.

🔴 We do NOT warrant that:

• The App or Site will meet your requirements
• The App or Site will be available, secure, accurate, or error-free at any particular time
• Defects will be corrected
• Court listings, hours, fees, conditions, or check-in counts are accurate or current
• Use of the App will result in any specific outcome (finding players, finding open courts, getting a game, avoiding crowds, etc.)

Some jurisdictions do not allow exclusion of implied warranties. In those jurisdictions, the above exclusions apply only to the extent permitted by law.

12. Limitation of liability — please read

To the maximum extent permitted by law, PlayLocal Sports LLC and its members, officers, employees, contractors, agents, partners, and licensors will not be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages — including but not limited to lost profits, lost data, personal injury, property damage, business interruption, or any loss of goodwill — arising out of or in connection with your use of (or inability to use) the App or Site, even if we have been advised of the possibility of such damages.

Specifically, we are NOT liable for:

• 🔴 Any injury, accident, or death that occurs at, en route to, or returning from a court
• 🔴 Any encounter, altercation, or dispute with another player, bystander, property owner, or third party
• 🔴 Any criminal act committed by any person against you or by you against any person
• 🔴 Any property loss, theft, or damage
• 🔴 Reliance on court hours, court availability, court conditions, or check-in counts that turn out to be inaccurate
• 🔴 Trespass on private property based on a court listing
• 🔴 Any third-party service outage, data loss, or breach (Apple, Supabase, Netlify, Google, Esri, etc.)
• 🔴 Any consequence of using the App while driving or operating a vehicle

Our total cumulative liability to you, for all claims combined, will not exceed the greater of (a) the total amount you paid us for the service in the twelve (12) months before the claim arose, or (b) one hundred United States dollars ($100). Because the App is provided free of charge, that floor of $100 is the practical cap.

Some jurisdictions do not allow limitation of certain damages. In those jurisdictions, our liability is limited to the maximum extent permitted by law.

13. Indemnification

You agree to defend, indemnify, and hold harmless PlayLocal Sports LLC and its members, officers, employees, contractors, agents, partners, and licensors from and against any claim, demand, loss, damage, liability, judgment, settlement, cost, or expense (including reasonable attorneys' fees) arising out of or related to: (a) your use of the App or Site; (b) your violation of these Terms; (c) your violation of any law or regulation; (d) your violation of any third party's rights; (e) any content you submit; or (f) any dispute between you and another user or third party.

We reserve the right to assume the exclusive defense and control of any matter subject to indemnification, in which case you agree to cooperate with us at your expense.

14. Dispute resolution — binding arbitration & class-action waiver

Please read this section carefully. It affects your legal rights.

14.1 Informal resolution first

Before filing any formal claim, you agree to contact us at jeff@playlocalgame.com and try in good faith to resolve the dispute informally for at least 60 days.

14.2 Binding individual arbitration

If informal resolution fails, you and PlayLocal Sports LLC agree that any dispute, claim, or controversy arising out of or relating to these Terms, the App, the Site, or your use of the service will be resolved through binding individual arbitration — not in court, and not as a class action.

Arbitration will be conducted by JAMS under its Streamlined Arbitration Rules (or the rules then in effect) by a single neutral arbitrator. The arbitration will be held in Wilmington, Delaware, or remotely by telephone or video conference at the claimant's election. Judgment on the award may be entered in any court of competent jurisdiction.

14.3 Class-action waiver

You agree to bring any claim against us only in your individual capacity, and not as a plaintiff or class member in any purported class, consolidated, representative, or private-attorney-general proceeding. The arbitrator may not consolidate more than one person's claims and may not preside over any form of class proceeding.

14.4 Exceptions

The following claims are NOT subject to arbitration: (a) small-claims-court actions within the court's jurisdictional limits, (b) claims for injunctive relief to stop unauthorized use or infringement of intellectual property, and (c) claims that, under applicable law, cannot be made subject to arbitration.

14.5 Opt-out right

You may opt out of this arbitration agreement by sending written notice to jeff@playlocalgame.com within 30 days of first agreeing to these Terms. Your notice must include your name, the anonymous device ID shown in the App, and a statement that you opt out of arbitration.

15. Governing law & jurisdiction

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

For any dispute not subject to arbitration under §14, you and PlayLocal Sports LLC agree to the exclusive jurisdiction of the state and federal courts located in New Castle County, Delaware, and you waive any objection to venue in those courts.

The United Nations Convention on Contracts for the International Sale of Goods does not apply.

16. Termination

You may stop using the App or Site at any time, for any reason, without notice. To delete all data we hold about you, uninstall the App or clear browser site data for playlocalgame.com.

We may suspend, restrict, or terminate your access to the service at any time, for any reason, including violation of these Terms, with or without notice.

Sections that by their nature should survive termination (including §§9, 10, 11, 12, 13, 14, 15, 17, 18, 19) will survive.

17. Changes to these terms

We may update these Terms from time to time. If we make material changes, we will:

• 🟢 Update the "Effective date" at the top of this page
• 🟢 Bump the version number
• 🟢 For significant changes (especially to §12 Liability or §14 Dispute Resolution), post an in-app notice at least 30 days before the change takes effect

Your continued use of the App or Site after the effective date of a change means you accept the updated Terms. If you do not agree, stop using the service.

18. General

Entire agreement. These Terms (together with our Privacy Policy) make up the entire agreement between you and PlayLocal Sports LLC regarding the App and Site, and supersede any prior agreement or understanding.

Severability. If any provision of these Terms is found unenforceable, the remaining provisions remain in full force.

No waiver. Our failure to enforce any right or provision of these Terms is not a waiver of that right or provision.

Assignment. You may not assign or transfer these Terms or any rights under them. We may assign them, in whole or in part, to any affiliate or in connection with a merger, acquisition, financing, or sale of assets, without notice.

Force majeure. We are not liable for any failure or delay caused by events beyond our reasonable control, including natural disasters, war, terrorism, civil unrest, government action, labor disputes, network outages, or third-party service failures.

Notice. Legal notices to PlayLocal Sports LLC must be sent to jeff@playlocalgame.com and, on request, to a postal address we provide. We may give you notice through the App, the Site, or any contact method you have provided.

Apple-specific terms. If you obtained the App through Apple's App Store, you agree that (a) these Terms are between you and PlayLocal Sports LLC, not Apple; (b) Apple has no obligation to provide maintenance or support; (c) 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); (d) Apple is not responsible for addressing any claims by you or any third party relating to the App; (e) Apple is a third-party beneficiary of these Terms and may enforce them against you.

19. Contact us

Entity: PlayLocal Sports LLC, a Delaware limited liability company

Email: jeff@playlocalgame.com

Postal mail: Available upon email request