Effective Date: 04/24/2025 | Last Updated: 04/24/2025

Welcome to DinkSmart, the sport and social lifestyle app designed to help you find, schedule, and play pickleball with like-minded people.

By using the DinkSmart app (“app,” “we,” “us,” or “our”), you agree to these Terms and Conditions. If you do not agree, please do not use the DinkSmart app.

1. License to Use

We grant you a limited, non-exclusive, non-transferable license to use the app for personal, non-commercial purposes.

2. User Responsibilities

You must be at least 13 years old to use the DinkSmart app.
You agree not to abuse, harass, impersonate, or spam other users.
You are responsible for the accuracy of any information you provide.

3. Contact Access and Social Matching

With your permission, DinkSmart may access your phone contacts to help you find and add friends who are also using the app. This data is not shared externally and is only used to improve your in-app experience.

End User Consent to Receiving SMS Messages (via Twilio)
Users consent for SMS notifications about matches, events, and account updates. For non-users receiving event invitations, they provide consent by downloading the app, entering their phone number, and completing registration. Mobile data will not be shared with third parties. Message frequency varies based on user activity. Standard message and data rates apply. Users can opt out of DinkSmart SMS communications by replying STOP at any time.

4. Location Access

We may request access to your device’s location to show nearby pickleball courts, clubs, and games. You can disable location access in your device settings, though doing so may limit certain features.

5. Communications

By signing up, you agree to receive communications from us related to the app, including feature announcements, feedback requests, and software updates.
You may opt out of non-essential communications at any time via the unsubscribe link in our emails.

6. User Content

Any content you submit to the app (messages, photos, scores, etc.) remains yours, but you grant DinkSmart, Inc. a non-exclusive, royalty-free license to use, reproduce, and display it within the app to support and enhance the community experience.

7. Beta Disclaimer

The app is currently in beta. You may experience bugs, downtime, or incomplete features. We appreciate your feedback and patience as we continue development.

8. Termination

We reserve the right to suspend or terminate your account for any reason, including violation of these Terms or misuse of the app.

9. Limitation of Liability

Use of the app is at your own risk. DinkSmart, Inc. shall not be liable for any direct, indirect, incidental, consequential, or punitive damages arising from use or inability to use the app.

10. Governing Law

These Terms are governed by the laws of the State of California, without regard to its conflict of law principles.

11. User-Suggested Locations and Venue Accuracy

DinkSmart allows users to suggest or select locations for matches, including user-submitted venues and third-party facilities. While we aim to provide helpful tools and suggestions, we do not verify the accuracy, safety, availability, or condition of any location listed or suggested through the app.

By using the platform, you acknowledge and agree that:

• You are solely responsible for evaluating the safety, legality, and suitability of any location you choose to attend.

• DinkSmart does not inspect or vet any suggested locations, nor do we guarantee access, availability, or up-to-date information for any venue.

• Any reliance you place on venue information, directions, or user-generated content is at your own risk.
  We encourage users to use good judgment, respect local laws, and prioritize safety when attending or inviting others to any location through the app.

12. Assumption of Risk for In-Person Activities

Participation in pickleball matches, meetups, or events organized through DinkSmart involves inherent risks, including but not limited to injury, illness, or interactions with unknown individuals.
By using the app and participating in any event, you acknowledge and voluntarily accept all risks associated with these activities.
DinkSmart, Inc. is not responsible for any physical or emotional harm, loss, or damages that may occur during or as a result of participation.

13. Third-Party Services and External Links

The app may reference or link to third-party services, such as map providers, venue booking systems, or external websites.
DinkSmart, Inc. does not control or take responsibility for the accuracy, availability, or practices of these services. Your use of third-party services is at your own discretion and risk.

14. Dispute Resolution

You agree to first attempt to resolve any dispute with DinkSmart, Inc. informally by contacting us directly at team@dinksmart.co
If a resolution is not reached, disputes will be settled by binding arbitration in Los Angeles County, California.
You waive any right to participate in a class action or class-wide arbitration.