PickleUp is a service provided by Uncommon Orbit LLC.
Contact: support@pickleup.app
Welcome to PickleUp! These Terms of Service ("Terms") govern your access to and use of the PickleUp mobile application (the "App" or "Service"). By creating an account or using PickleUp, you agree to be bound by these Terms.
If you do not agree to these Terms, please do not use the App.
PickleUp is a mobile application that helps users organize and participate in pickleball games. The Service allows you to:
PickleUp is intended for users in the United States. By creating an account and using the Service, you represent and warrant that you are located in the United States. We do not knowingly offer services to, or collect personal information from, individuals located outside the United States.
You must be at least 13 years old to use PickleUp. We do not knowingly collect personal information from children under 13. If we learn that we have collected personal information from a child under 13, we will take steps to delete that information as quickly as possible.
If you are a parent or guardian and believe your child under 13 has created an account, please contact us at support@pickleup.app so we can delete it.
To use certain features of PickleUp, you must create an account. You agree to:
You are responsible for all activity that occurs under your account. We are not liable for any loss or damage arising from your failure to maintain the security of your account.
We may suspend or terminate your account immediately if you:
Requirement: Before deleting your account, you must cancel any games you're hosting or leave any games you've confirmed attendance for. The app will prevent account deletion if you have active upcoming games. This ensures other participants are not disrupted.
You can delete your account at any time through your account settings in the app. When you initiate deletion, your account will be scheduled for permanent deletion after a 30-day grace period.
Grace Period: When you request account deletion, you have a 30-day grace period to change your mind. You can reactivate your account at any time during this period by signing back into the app with Apple or Google. After 30 days, deletion becomes permanent.
See our Privacy Policy for complete details about what happens to your data when you delete your account.
You agree to use PickleUp responsibly and respectfully. You will NOT:
By using PickleUp, you represent and warrant that:
These are important promises. If they turn out to be untrue and cause problems, you're responsible under the "Your Responsibility for Your Actions" section.
When you create a game, you are responsible for:
When you join a game, you agree to:
PickleUp is a software platform that helps you organize and find pickleball games. We do not operate courts, organize physical activities, or supervise games. We simply provide the software tools to connect players.
You participate in games at your own risk. We are not responsible for:
You are responsible for assessing your own fitness level, following venue rules and safety guidelines, and making your own decisions about participating in physical activities.
You retain ownership of any content you post on PickleUp (messages, game descriptions, profile information, photos, etc.).
By posting content on PickleUp, you grant us a non-exclusive, worldwide, royalty-free, sublicensable, and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform your content in connection with operating and improving the Service.
This license is limited to operating, promoting, and improving the Service. You retain all ownership rights to your content. This license ends when you delete your content or account, except:
All content you post must:
We reserve the right to remove any content that violates these Terms or that we deem inappropriate, without notice. We are not obligated to monitor content but may do so at our discretion.
The PickleUp app, including its design, features, code, branding, and trademarks, is owned by us and protected by copyright, trademark, and other intellectual property laws.
You may not:
We welcome your feedback, ideas, and suggestions for improving PickleUp! If you share feedback with us, we may use it to improve the Service without any obligation to compensate you or give attribution. This just helps us make the app better for everyone.
PickleUp offers different membership tiers with varying features and limits. Free tier users may have restrictions on the number of games they can create per month.
Premium subscriptions and in-app purchases are processed through Apple App Store or Google Play Store. All payments are subject to their respective terms and policies. We do not have access to your payment information.
Subscriptions automatically renew unless canceled. You will be charged through your Apple ID (iOS) or Google Play account (Android). To avoid being charged for the next billing period, cancel at least 24 hours before your renewal date (iOS) or anytime before the end of your current period (Android).
Refund requests must be submitted to Apple or Google, as they process all payments. We do not have access to process refunds directly. Please contact Apple Support or Google Play Support for refund inquiries.
We reserve the right to modify subscription features and benefits at any time. Pricing changes are managed through Apple App Store and Google Play Store according to their respective policies. Any changes to subscription features will not remove benefits you have already paid for during your current billing period.
You may cancel your subscription at any time through your device's subscription settings. Cancellation will take effect at the end of the current billing period.
Your privacy is important to us. Our Privacy Policy explains how we collect, use, protect, and share your personal information. By using PickleUp, you also agree to our Privacy Policy.
We are committed to protecting your data and complying with applicable US privacy laws including CCPA and state privacy regulations. For information about your privacy rights, data retention, and how to request data deletion, please see our Privacy Policy.
PickleUp integrates with third-party services:
Your use of these services is subject to their respective terms and privacy policies. We are not responsible for third-party services or their practices.
The Service is provided "as is" and "as available" without warranties of any kind, either express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, and non-infringement.
We do not warrant that:
You use the Service at your own risk. Any content, information, or games you access through the Service are accessed at your sole discretion and risk.
To the maximum extent permitted by law, in no event shall PickleUp, its officers, directors, employees, agents, or affiliates be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or any loss of profits, revenues, data, use, goodwill, or other intangible losses resulting from:
Our total aggregate liability for any claims related to the Service shall not exceed the greater of: (a) the amount you paid us in the 12 months before the claim arose, or (b) $100 USD.
Some jurisdictions do not allow the exclusion or limitation of certain damages, so some of the above limitations may not apply to you.
You're responsible for how you use PickleUp. If your actions on the app cause problems, you agree to protect us from the consequences.
Specifically, you agree to indemnify, defend, and hold harmless PickleUp, Uncommon Orbit LLC, and our team from any claims, damages, losses, or expenses (including reasonable legal fees) that result from:
In plain language: if you do something wrong on PickleUp and someone sues us because of it, you're responsible for the costs and damages.
If you have a problem or dispute with PickleUp, please contact us at support@pickleup.app first. We're a small team and want to work things out directly with you. Most issues can be resolved with a simple conversation.
PLEASE READ THIS SECTION CAREFULLY. It affects your legal rights, including your right to file a lawsuit in court.
Agreement to Arbitrate: You and PickleUp agree that any dispute, claim, or controversy arising out of or relating to these Terms or your use of the Service (collectively, "Disputes") will be resolved through binding individual arbitration, except as specified below.
What This Means: Arbitration is a way to resolve disputes outside of court, with a neutral arbitrator instead of a judge or jury. By agreeing to these Terms, you and PickleUp are each waiving the right to a trial by jury or to participate in a class action.
The following Disputes are not subject to arbitration:
YOU AND PICKLEUP AGREE THAT DISPUTES WILL BE RESOLVED ONLY ON AN INDIVIDUAL BASIS AND NOT AS A CLASS ACTION, CLASS ARBITRATION, OR ANY OTHER REPRESENTATIVE PROCEEDING.
Neither you nor PickleUp may bring a claim on behalf of other users or the general public. If a court or arbitrator determines that this class action waiver is unenforceable, the arbitration agreement will be void, and the Dispute will be resolved in court.
Arbitration will be administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules. You can review these rules at www.adr.org.
How to Start Arbitration: To begin arbitration, submit a demand for arbitration to AAA and send a copy to us at support@pickleup.app. We will do the same if we initiate arbitration.
Location: If an in-person hearing is required, it will take place in the county where you reside, or another mutually agreed location.
Costs: Each party is responsible for their own attorneys' fees and costs unless the arbitrator awards them. PickleUp will pay the AAA filing fees for claims under $10,000 unless the arbitrator finds the claim frivolous.
Arbitrator's Decision: The arbitrator may award the same damages and relief as a court, but only to the individual party seeking relief. The arbitrator's decision is binding and may be entered as a judgment in any court of competent jurisdiction.
You have the right to opt out of this arbitration agreement within 30 days of first accepting these Terms. To opt out, send an email to support@pickleup.app with the subject line "Arbitration Opt-Out" and include your name, email address, and a clear statement that you wish to opt out of the arbitration agreement.
If you opt out, all other terms still apply, but Disputes will be resolved in court as described in the "Governing Law" section below.
If we make material changes to this arbitration agreement, we will provide notice through the app and you will have 30 days to opt out of the changes by emailing support@pickleup.app.
If any part of this arbitration agreement is found to be unenforceable, the remainder will continue to apply, except that if the class action waiver is found unenforceable, the entire arbitration agreement will be void.
These Terms are governed by the laws of the State of Delaware, without regard to its conflict of law principles.
State Consumer Protection Laws: If you reside in a state with consumer protection laws that provide you with greater rights than these Terms, those state law rights apply to the extent they cannot be waived by agreement.
Court Jurisdiction (if arbitration doesn't apply): If a Dispute is not subject to arbitration or you have validly opted out of the arbitration agreement, you agree that any legal action will be brought in the state or federal courts located in Delaware, except where your state's consumer protection laws require that you be permitted to bring suit in your state of residence. You consent to the personal jurisdiction of these courts.
We're not responsible if the Service is unavailable due to circumstances beyond our control, such as natural disasters, internet outages, cyberattacks, or other events we can't reasonably prevent.
If PickleUp is involved in a merger, acquisition, asset sale, bankruptcy, reorganization, or similar business transaction, your personal information and account may be transferred as part of that transaction. We will provide notice through the app before your information is transferred and becomes subject to different terms. You will have the opportunity to delete your account before any such transfer takes effect.
We may update these Terms from time to time to reflect changes in our Service, legal requirements, or business practices. When we make material changes, we will update the "Last Updated" date and may notify you through the app or other available means.
Material changes will take effect 30 days after notice is provided. Non-material changes (such as clarifications or formatting) take effect immediately upon posting. Your continued use of the Service after changes take effect constitutes acceptance of the revised Terms.
If you do not agree to the revised Terms, you must stop using the Service and may delete your account.
These Terms and our Privacy Policy are the complete agreement between you and PickleUp for using the Service.
If any part of these Terms is found to be unenforceable, the rest of the Terms will still apply.
You may not assign or transfer your rights under these Terms to anyone else. We may assign our rights to any affiliates or successors without restriction.
We're committed to making PickleUp accessible to all users. If you experience any accessibility issues, please contact us at support@pickleup.app.
If you have any questions, concerns, or requests regarding these Terms, please contact us:
Email: support@pickleup.app
By using PickleUp, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service and our Privacy Policy.
If you do not agree to these Terms, please do not use the Service.