Terms of Use

PICKUP PLAY – TERMS OF USE
Effective Date: April 14, 2025

1. ACCEPTANCE OF THESE TERMS
By downloading, installing, accessing, or using the Pickup Play mobile application, website, or related services (collectively, the “App”), you (“you,” “your,” or “Player”) agree to be legally bound by these Terms of Use (the “Terms”) with Kinesthete, LLC, an Idaho limited‑liability company doing business as “Pickup Play” (“Pickup Play,” “we,” “us,” or “our”). If you do not agree, you must not access or use the App.

2. ELIGIBILITY

Minimum Age. You must be at least 13 years old (or the minimum age in your jurisdiction) to create or use an account. Users under 18 must have verifiable parental or guardian consent.
Authority. You represent that you have the full legal right and authority to enter into these Terms and to comply with them.
No Prior Suspension. You may not use the App if Pickup Play has previously suspended or terminated your account.
Compliance. You agree to comply with all applicable federal, state, local, and international laws and regulations.

3. ACCOUNT OPTIONS & SECURITY

Guest Mode. You may use the App without providing an email address or password (“Guest Account”). Guest data are stored only on the device and are permanently lost if the App is deleted, your device is reset, or you switch devices.
Registered Account. You may optionally supply an email address and password (“Registered Account”) to synchronize your data across devices. You are solely responsible for maintaining the confidentiality of your credentials and for all activities that occur under your account.
Unverified Profiles. You may create a profile without verifying an email address. Password‑reset, data‑export, and certain security features will remain unavailable until verification is completed.
Account Security. You must notify us immediately of any unauthorized use or suspected breach of security. Pickup Play is not liable for losses arising from unauthorized use of your account.

4. PLAYER CONTENT & CONDUCT

Definition. “Content” means any information, data, text, photographs, graphics, video, audio, location information, game listings, chat messages, or other materials uploaded, posted, transmitted, or otherwise made available via the App.
License to Pickup Play. By submitting Content, you grant Pickup Play a worldwide, non‑exclusive, royalty‑free, sublicensable, transferable license to host, store, reproduce, modify (for formatting purposes only), publicly display, publicly perform, distribute, and otherwise use your Content solely for the purpose of operating, developing, providing, and improving the App and promoting Pickup Play.
Representations. You represent and warrant that (a) you own or have all necessary rights in and to the Content; (b) the Content does not infringe or violate any third‑party rights or laws; and (c) the Content complies with these Terms.
Prohibited Conduct. You agree not to:

post or transmit any Content that is unlawful, harassing, defamatory, obscene, hateful, or otherwise objectionable;
impersonate any person or entity;
stalk, harass, or harm another individual;
transmit spam, chain letters, or unsolicited communications;
use any robot, spider, crawler, scraper, or other automated means to access the App;
interfere with or disrupt the App or servers;
reverse‑engineer, decompile, or disassemble any portion of the App.

Moderation. Pickup Play reserves the right, but has no obligation, to review, monitor, remove, or disable access to any Content or account at any time and for any reason, including violations of these Terms.

5. GAME CREATION, INVITATIONS & NETWORKING

Game Listings. Players may create and publish recreational sports games (“Games”) either publicly or via private invitation links. You are solely responsible for the accuracy of Game details (time, location, sport, skill level, capacity, etc.).
Invitations. Private links are unique URLs intended only for invited individuals. You must not post private links publicly without the organizer’s consent.
Networking. The App allows Players to connect, send friend requests, and build personal networks. Use these features responsibly; mass‑messaging, unsolicited commercial outreach, or other spam‑like behavior is prohibited.
Pickup Play’s Role. Pickup Play is a neutral platform that facilitates introductions. We do not organize, supervise, or provide equipment for Games, nor do we vet or background‑check Players. You participate at your own risk.

6. ASSUMPTION OF RISK & RELEASE

Inherent Risks. Participating in sports and physical activities involves inherent risks of injury, illness, property damage, and even death.
Voluntary Participation. You acknowledge that you voluntarily choose to participate in Games arranged through the App and assume all associated risks.
Release. To the maximum extent permitted by law, you release and discharge Pickup Play and its officers, directors, employees, agents, affiliates, and licensors from any and all claims, demands, causes of action, damages, losses, or liabilities arising out of or relating to your participation in any Game or your use of the App.
Insurance. Pickup Play does not provide medical or liability insurance. You are responsible for obtaining appropriate insurance coverage, if desired.

7. LOCATION SERVICES

Collection & Use. If you enable location permissions, Pickup Play will collect precise or approximate geolocation data to recommend nearby Games and Players.
Accuracy. We do not guarantee the accuracy or availability of location data.
Disabling. You may disable location services at any time in your device settings; certain features may then be limited.

8. IN‑APP PURCHASES & SUBSCRIPTIONS

Processing. Premium features may be offered for purchase through the Apple App Store or Google Play Store (each, a “Store”). All billing, payment, renewal, and refund matters are governed by the applicable Store terms.
Auto‑Renewal. Subscription services will automatically renew unless canceled at least 24 hours before the end of the current period.
Price Changes. Pickup Play may modify subscription prices; we will provide notice as required by the Store’s policies.
Taxes. You are responsible for any applicable taxes.

9. INTELLECTUAL PROPERTY

Ownership. The App, including all software, graphics, interfaces, trademarks, logos, and content (excluding Player Content), is owned by Pickup Play or its licensors and is protected by intellectual‑property laws.
Limited License. Pickup Play grants you a limited, revocable, non‑exclusive, non‑transferable license to use the App for personal, non‑commercial purposes in accordance with these Terms.
Feedback. If you provide feedback or suggestions, you grant Pickup Play a perpetual, worldwide, royalty‑free license to use and incorporate them without compensation.

10. THIRD‑PARTY SERVICES & LINKS
The App may contain links to third‑party websites or integrate third‑party services. Pickup Play does not endorse or control these third parties and is not responsible for their content, policies, or practices.

11. DMCA / COPYRIGHT POLICY
Pickup Play respects intellectual‑property rights and responds to valid Digital Millennium Copyright Act (“DMCA”) notices. To submit a notice, email [INSERT DMCA EMAIL] with all information required under 17 U.S.C. § 512(c)(3).

12. DISCLAIMER OF WARRANTIES
THE APP IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON‑INFRINGEMENT. PICKUP PLAY DOES NOT WARRANT THAT THE APP WILL BE UNINTERRUPTED, SECURE, OR ERROR‑FREE.

13. LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY LAW, PICKUP PLAY AND ITS AFFILIATES WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, DATA, GOODWILL, OR OTHER INTANGIBLE LOSSES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR TOTAL LIABILITY FOR ALL CLAIMS RELATING TO THE APP SHALL NOT EXCEED ONE HUNDRED U.S. DOLLARS (US $100) OR THE AMOUNT YOU PAID TO PICKUP PLAY IN THE 12 MONTHS PRECEDING THE CLAIM, WHICHEVER IS GREATER.

14. INDEMNIFICATION
You agree to defend, indemnify, and hold harmless Pickup Play, its affiliates, and their respective officers, directors, employees, and agents from and against any claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising out of or related to (a) your Content, (b) your participation in any Game, or (c) your violation of these Terms or any law.

15. TERMINATION
Pickup Play may suspend or terminate your access to the App at any time, with or without notice, for any reason. Upon termination, your right to use the App will immediately cease. Sections 4 through 18 survive termination.

16. GOVERNING LAW & DISPUTE RESOLUTION

Governing Law. These Terms and any dispute arising hereunder are governed by the laws of the State of Colorado, without regard to conflict‑of‑laws principles.
Binding Arbitration. Any dispute, claim, or controversy arising out of or relating to the App or these Terms shall be resolved by binding arbitration administered by the American Arbitration Association (“AAA”) under its Commercial Arbitration Rules. The arbitration shall take place in Boulder County, Colorado, before a single arbitrator. Judgment on the award may be entered in any court of competent jurisdiction.
Class‑Action Waiver. You and Pickup Play agree that each may bring claims against the other only in an individual capacity, and not as a plaintiff or class member in any purported class or representative proceeding.
Injunctive Relief. Notwithstanding the foregoing, either party may seek injunctive or equitable relief in a court of competent jurisdiction for intellectual‑property infringement or misappropriation.

17. SEVERABILITY & WAIVER
If any provision of these Terms is held invalid or unenforceable, that provision will be enforced to the maximum extent permissible, and the remaining provisions will remain in full force and effect. Failure by Pickup Play to enforce any right or provision will not be deemed a waiver.

18. ENTIRE AGREEMENT
These Terms (including any additional policies referenced herein) constitute the entire agreement between you and Pickup Play regarding the App and supersede all prior or contemporaneous oral or written communications.

19. CHANGES TO TERMS
We may revise these Terms from time to time. If we make material changes, we will provide notice via the App or by email. Continued use of the App after the effective date of the revised Terms constitutes acceptance.

20. CONTACT US
For questions about these Terms, email pj@pickupplay.games or write to:
Kinesthete, LLC d/b/a Pickup Play
1282 Scrub Oak Circle, Boulder, CO 80305