Terms & Conditions

Last updated: September 28, 2024

Please read these terms and conditions carefully before you use Our Service.

1. Interpretation and Definitions

InterpretationCapitalized terms in these Terms and Conditions shall have meanings assigned to them under the following conditions, regardless of their appearance in singular or plural.

DefinitionsFor purposes of these Terms and Conditions:

  • Application: The software provided by the Company, downloadable by You on any electronic device, named SportyMatch.
  • Application Store: The digital distribution platforms operated by Apple Inc. (Apple App Store) or Google Inc. (Google Play Store), where the Application is available.
  • Affiliate: An entity that controls, is controlled by, or is under common control with a party.
  • Country: Refers to the United States, specifically the state of California.
  • Company: Refers to SportyMatch Inc., a California corporation (referred to as "We", "Us", or "Our").
  • Device: Any device capable of accessing the Service, including a computer, cellphone, or digital tablet.
  • Service: Refers to the Application, Website, and any related services offered by SportyMatch Inc.
  • Terms and Conditions: Refers to these legally binding terms, which constitute the entire agreement between You and the Company regarding use of the Service.
  • Website: Refers to SportyMatch, accessible at www.sportymatchapp.com.
  • You: Refers to the individual accessing or using the Service, or a legal entity acting on behalf of such individual.

2. Acknowledgment

These Terms and Conditions constitute a legally binding agreement governing Your use of the Service. By accessing or using the Service, You agree to be bound by these Terms. If You do not accept or agree to these Terms, You must cease using the Service immediately.To use the Service, You must be at least 18 years old. You represent and warrant that You are of legal age and have the legal capacity to enter into this agreement.

3. License Grant and Restrictions

SportyMatch grants You a limited, non-exclusive, non-transferable, revocable license to use the Service in accordance with these Terms. You are expressly prohibited from:

  • Decompiling, reverse engineering, or attempting to derive the source code of the Application.
  • Using the Service for any unlawful purpose or in violation of any applicable laws.
  • Exploiting, modifying, or distributing the Service without Our written consent.

The license granted to You will automatically terminate upon any violation of these Terms.

4. Expanded Prohibited Uses

You agree not to use the Service for any unlawful or prohibited purpose. This includes, but is not limited to:

  • Spamming or Unauthorized Advertising: You may not use the Service to send unsolicited messages or advertisements without consent, including bulk email or messaging (spam).
  • Fraud or Impersonation: You are prohibited from impersonating any individual, organization, or entity, or providing false information.
  • Infringement of Intellectual Property: You may not use the Service to infringe upon the intellectual property rights of others, including copyright, trademark, or patent rights.
  • Harassment and Discrimination: You may not harass, abuse, or discriminate against any other users based on race, gender, sexual orientation, disability, or other protected characteristics.
  • Unauthorized Data Collection: You may not use any automated tools (such as bots or crawlers) to scrape or collect data from the Service without Our express consent.
  • Violating the Law: You may not engage in any activities that violate local, state, national, or international laws, including unlawful gathering of personal data.

5. Community Guidelines and User Obligations

You agree to abide by the following guidelines to ensure a respectful and safe environment:

  • Prohibited Conduct: You may not engage in any conduct that is harmful, threatening, abusive, defamatory, discriminatory, or illegal. This includes, but is not limited to, hate speech, harassment, and impersonation.
  • User Content: Any content You upload or share through the Service must comply with applicable laws and not infringe upon the rights of any third parties.
  • Reporting Violations: If You become aware of any violation of these Terms, You are encouraged to report it promptly.

SportyMatch reserves the right to investigate and take appropriate legal action, including removing content and suspending or terminating accounts.

6. Event-Specific Terms

By participating in or organizing events through the Service, You acknowledge and agree that:

  • Host Responsibility: Event organizers are responsible for the safety, content, and inclusivity of the event. SportyMatch does not assume any liability for the organization of such events.
  • Participant Liability: Attendees participate in events at their own risk. SportyMatch is not responsible for any injuries, damages, or losses sustained during events. You acknowledge that participation in sporting events inherently involves physical risks.

7. Release of Liability for Events

By participating in events or activities organized through SportyMatch, You acknowledge and agree to the following:

  • Voluntary Participation: Participation in any events or activities organized through the Service is entirely voluntary. You understand that these activities may involve inherent risks, including but not limited to, physical injury, property damage, or other hazards.
  • Assumption of Risk: You acknowledge and assume full responsibility for all risks associated with Your participation in any such event, including but not limited to the risks of injury, illness, death, or property damage.
  • No Liability: To the maximum extent permitted by law, You agree to release and hold harmless SportyMatch, its affiliates, officers, employees, agents, and partners from any claims, demands, damages, or causes of action arising from Your participation in such events, including any claims of negligence.

8. Subscription and Payment Terms

Some features of the Service may be offered as part of a subscription. By subscribing to such features, You agree to:

  • Payment Obligations: Pay all fees associated with the subscription in a timely manner. Failure to pay may result in termination of access to the premium features.
  • Automatic Renewals: Subscriptions will automatically renew unless canceled at least 24 hours before the end of the current billing cycle.
  • Refund Policy: All subscription fees are non-refundable, except where required by law.

9. Member Content License

By submitting, posting, or displaying content on or through the Service, You grant SportyMatch a worldwide, non-exclusive, royalty-free, irrevocable, sublicensable, and transferable license to use, reproduce, distribute, display, and create derivative works of Your content in connection with the operation and promotion of the Service. This includes, but is not limited to:

  • Use in Marketing and Promotion: SportyMatch may use Your submitted content (such as photos or testimonials) for marketing purposes, including advertisements, social media posts, and promotional material.
  • Non-Commercial and Commercial Use: This license allows SportyMatch to use Your content in both non-commercial and commercial capacities.
  • No Liability for User Content: You agree that You are solely responsible for the content You provide and that You have the rights to grant this license.

10. Disputes Between Users

SportyMatch is not responsible for any disputes that arise between users. You agree that:

  • User Responsibility: You are solely responsible for Your interactions with other users, whether online or in person. You agree to exercise caution and good judgment in all interactions.
  • No Monitoring: SportyMatch does not actively monitor user interactions or events. However, we reserve the right to intervene if we become aware of disputes that violate these Terms or applicable law.
  • Self-Resolution: You agree to attempt to resolve disputes with other users directly and informally before seeking legal action or involving SportyMatch.

11. Third-Party Services and Links

The Service may include integrations with or links to third-party websites or services. The Company does not control, endorse, or assume any responsibility for the content, privacy policies, or practices of third-party services.

Your interactions with such third-party services are governed by their own terms and conditions. SportyMatch shall not be liable for any loss or damage arising from Your use of third-party services.

    12. Privacy and Data Collection

    By using the Service, You consent to the collection, use, and sharing of Your personal information in accordance with the Company’s Privacy Policy, which is incorporated by reference into these Terms.You are responsible for ensuring that any personal data You provide is accurate and up to date.

      13. Termination and Account Suspension

      The Company reserves the right to suspend or terminate Your access to the Service at its sole discretion, with or without notice, for any reason, including but not limited to:

      • Failure to Comply: Violating these Terms or engaging in behavior that may harm or harass other users.Criminal Activity: If You are found to have a criminal record involving violent crimes, sex crimes, or are required to register as a sex offender.
      • Illegal or Harmful Conduct: Participating in activities that may be considered illegal or harmful to the community.
      • Non-payment: Failing to pay fees for paid features or subscriptions.
      • Security Breaches: Compromising the security of the Service by failing to safeguard Your account credentials.

      Upon termination, Your right to use the Service will cease immediately. You may also lose access to any User-generated content associated with Your account.

      14. Limitation of Liability

      To the fullest extent permitted by law, SportyMatch and its affiliates, licensors, and service providers shall not be liable for any direct, indirect, incidental, special, consequential, or punitive damages, including loss of profits, data, or goodwill, arising from or related to:

      • Your use or inability to use the Service;
      • Unauthorized access to or alteration of Your transmissions or data;
      • Any third-party conduct or content.

      In no event shall the Company’s total liability exceed the greater of $100 or the amount You have paid through the Service.

      15. Disclaimer of Warranties

      The Service is provided on an “AS IS” and “AS AVAILABLE” basis without warranties of any kind, either express or implied. The Company disclaims all warranties, including but not limited to:

      • Implied warranties of merchantability, fitness for a particular purpose, and non-infringement;
      • Warranties that the Service will meet Your requirements, be available uninterrupted, secure, or error-free.

      16. Indemnification

      You agree to indemnify, defend, and hold harmless SportyMatch, its affiliates, officers, employees, agents, and partners from any claims, damages, or liabilities arising out of:

      • Your violation of these Terms;
      • Your use or misuse of the Service;
      • Your infringement of any third-party rights;
      • Any disputes or interactions between You and other users.

      17. Governing Law and Dispute Resolution

      These Terms are governed by the laws of the State of California, without regard to its conflict of law provisions. You agree to submit to the exclusive jurisdiction of the courts located in California for the resolution of any disputes arising out of or related to these Terms.

      18. Arbitration Agreement

      For any disputes that cannot be resolved informally, You agree that any legal claims arising out of or related to these Terms or the Service will be resolved through binding arbitration in accordance with the American Arbitration Association rules. This arbitration clause does not apply to claims for injunctive relief.

      19. Severability and Waiver

      If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions shall continue in full force and effect. Failure to enforce any provision of these Terms shall not be deemed a waiver of such provision or any future enforcement.

      20. Changes to These Terms and Conditions

      The Company reserves the right to update or modify these Terms at any time. If we make material changes, we will notify You via email or the Service at least 30 days before the changes take effect. Your continued use of the Service after the effective date of the changes constitutes Your acceptance of the revised Terms.

      21. Criminal Background and Sex Offender Screening

      SportyMatch does not conduct criminal background checks or screenings of its users. However, by using the Service, You represent and warrant that:

      • You have never been convicted of a felony, a violent crime, or any crime involving sexual misconduct or harassment.
      • Your infringement of any third-party rights;

      Safety and Caution
      We encourage You to exercise caution and common sense when interacting with other users. Although we do not screen users, if we become aware of users engaging in illegal or dangerous conduct, we reserve the right to take appropriate actions, including terminating accounts and reporting to authorities.

      SportyMatch does not guarantee the conduct of any users on the Service and is not liable for any interactions between users. If You feel unsafe or suspect someone may be engaging in illegal activity, You should report this to local authorities immediately.
      We encourage You to exercise caution and common sense when interacting with other users. Although we do not screen users, if we become aware of users engaging in illegal or dangerous conduct, we reserve the right to take appropriate actions, including terminating accounts and reporting to authorities.SportyMatch does not guarantee the conduct of any users on the Service and is not liable for any interactions between users. If You feel unsafe or suspect someone may be engaging in illegal activity, You should report this to local authorities immediately.

      22. Contact Information

      If You have any questions about these Terms and Conditions, You can contact us at:

      Email: contact@sportymatchapp.com