Terms of Service & Liability Waiver

1. Acceptance of These Terms

By creating an account or using XOXOX (the “Service”), you agree to these Terms of Service and Liability Waiver (the “Terms”). If you are under 18, a parent or legal guardian must review and accept these Terms on your behalf, and by allowing you to use the Service they agree to be bound by them. If you do not agree, do not use the Service.

THESE TERMS INCLUDE A RELEASE OF LIABILITY AND AN ASSUMPTION-OF-RISK AGREEMENT THAT AFFECT YOUR LEGAL RIGHTS. PLEASE READ THEM CAREFULLY.

2. What XOXOX Is (and Is Not)

XOXOX is an online platform that displays pickleball court information, lets players announce and schedule challenge matches, and records self-reported results. XOXOX does NOT organize, host, officiate, supervise, or control any match or gathering. All matches are voluntary, informal games arranged directly between players.

XOXOX does not own, operate, inspect, or maintain any court or facility shown on the map. Court information (including hours, availability, access rules, and location) is provided for convenience and may be inaccurate or out of date.

XOXOX does not verify the identity, age, skill level, health, or background of any user beyond the profile features described in these Terms.

3. Assumption of Risk

Pickleball is a physical sport. Participation involves inherent risks, including but not limited to: falls, collisions, sprains, fractures, overuse injuries, eye injuries, heat-related illness, cardiac events, property damage, and, in rare cases, permanent disability or death. Playing with strangers and visiting public or private facilities carry additional risks.

You (and, for minor players, the parent or guardian) voluntarily choose to participate with full knowledge of these risks and ASSUME ALL RISKS, whether known or unknown, arising from use of the Service and participation in any match or activity arranged through it.

You are solely responsible for evaluating your own physical condition. Consult a physician before engaging in athletic activity if you have any doubt about your fitness to play.

4. Release and Waiver of Liability

To the maximum extent permitted by applicable law, you (and, for minor players, the parent or guardian, on their own behalf and on behalf of the minor) hereby RELEASE, WAIVE, AND DISCHARGE XOXOX, its owners, operators, employees, contractors, and volunteers (the “Released Parties”) from any and all claims, demands, causes of action, damages, or liabilities of any kind — including personal injury, death, property damage or loss, and disputes between players — arising out of or related to use of the Service, participation in matches, or presence at any court or facility, INCLUDING CLAIMS BASED ON THE ORDINARY NEGLIGENCE OF A RELEASED PARTY.

Nothing in these Terms releases any party from liability for gross negligence, willful misconduct, or any liability that cannot be waived under applicable law.

5. Code of Conduct

Good sportsmanship is mandatory. You agree that you will not engage in violence, threats, intimidation, harassment, discrimination, foul or abusive language, cheating, or any unlawful behavior in connection with the Service or any match.

If a dispute arises on court, disengage, walk away, and report it through the platform. Never attempt to resolve a conflict physically.

Violations may result in forfeited matches, removal of thrones, suspension, or permanent termination of your account, at XOXOX's sole discretion. Conduct that may violate the law will be reported to the appropriate authorities.

6. Minors, Parents, and Guardians

Players under 18 may use the Service only with the consent and under the responsibility of a parent or legal guardian. The supervising adult — not XOXOX — is responsible for the minor's safety, transportation, supervision at courts, and conduct.

Players under 13 must provide a parent email for verifiable consent (COPPA). Match notifications for all minor players are also sent to the parent email on file.

Parents/guardians should review scheduled matches, know where and with whom the minor is playing, and accompany minors to matches. Meeting strangers — even at public courts — requires adult judgment and supervision.

7. Courts and Third-Party Facilities

Courts shown on the map are public parks or third-party facilities. You are responsible for complying with each venue's rules, hours, fees, reservation requirements, and membership restrictions. Courts marked as private or reservation-required must be booked or authorized through the venue, not through XOXOX.

Any dispute regarding a venue (including injuries caused by facility conditions) is between you and the venue operator.

8. Accounts, Profile Photos, and Reports

You agree to provide truthful registration information and to upload a genuine, recent photo of yourself as your profile photo. Opponents rely on this photo to confirm that the person on court is the account holder.

Misrepresenting your identity, playing matches on another person's account, or sending a substitute player may result in flagged status or account suspension under the platform's reporting rules.

Match results are self-reported and confirmed by both players. XOXOX may adjust records, ratings, or thrones to correct errors or abuse.

9. Privacy

We collect the information you provide (name, email, birth year, parent email where applicable, profile photo, match records, and approximate location when you use location features) and use it solely to operate the Service: displaying player cards, scheduling matches, sending notifications, and enforcing platform rules.

We do not sell personal information. Information about minors is used only as described above. You may request deletion of your account and associated personal data by contacting us.

10. Indemnification

You agree to indemnify and hold harmless the Released Parties from any claim, loss, or expense (including reasonable attorneys' fees) arising out of your violation of these Terms, your conduct at any match or venue, or your violation of any law or third-party right.

11. Disclaimer and Limitation of Liability

The Service is provided “AS IS” and “AS AVAILABLE,” without warranties of any kind, express or implied. To the maximum extent permitted by law, the total aggregate liability of the Released Parties for any claim arising out of or relating to the Service shall not exceed one hundred U.S. dollars (US $100).

12. Changes and Termination

We may update these Terms from time to time. Material changes will be posted on this page with an updated effective date; continued use of the Service after changes take effect constitutes acceptance. We may suspend or terminate accounts that violate these Terms.

13. Governing Law; Miscellaneous

These Terms are governed by the laws of the State of California, without regard to conflict-of-law rules. Any dispute shall be brought exclusively in the state or federal courts located in Orange County, California. If any provision of these Terms is held unenforceable, the remaining provisions remain in full force.