Terms of Service

1. Acceptance of Terms

These Terms of Service ("Terms") govern your access to and use of the Kourted website at kourted.com and the Kourted mobile application (collectively, the "Service"), operated by Kourted ("we," "us," or "our"). By creating an account or using the Service, you agree to be bound by these Terms and by our Privacy Policy. If you do not agree, do not use the Service.

2. Eligibility and Accounts

• You must be at least 13 years old to use the Service.
• You are responsible for maintaining the confidentiality of your account credentials and for all activity that occurs under your account.
• You agree to provide accurate, current, and complete information and to keep it updated.
• You may delete your account at any time from within the app. See Section 10.

3. The Service

Kourted is a platform that connects you with clubs, courts, and other organizations ("Clubs") so you can discover, book, and pay for real-world services such as court reservations, club memberships, passes, and in-person classes. Kourted facilitates these transactions but is not the provider of the underlying facilities, classes, or services, which are operated by the Clubs themselves.

4. Bookings, Memberships, Passes, and Classes

• All bookings, memberships, passes, and class registrations are for physical, real-world services provided by the Club and consumed in person at the Club's facilities.
• Availability, pricing, schedules, eligibility, and house rules are set by each Club and may change at their discretion.
• By completing a booking or purchase, you agree to the applicable Club's policies in addition to these Terms.

5. Payments, Billing, and Renewals

• Payments are processed securely through Stripe. By making a payment, you authorize us and Stripe to charge your selected payment method for the amount shown at checkout, including any applicable taxes and fees.
• Recurring memberships: memberships billed on a recurring basis automatically renew at the end of each billing period until cancelled. The price and billing interval are displayed before you purchase.
• You may turn off automatic renewal at any time from within the app. Cancelling stops future charges; it does not retroactively refund a period that has already begun unless required by the Club's policy or applicable law.
• You are responsible for keeping a valid payment method on file for any active recurring membership.

6. Cancellations and Refunds

Cancellation windows, no-show rules, and refund eligibility for bookings, classes, passes, and memberships are determined by the Club providing the service. Please review the relevant Club's policy before booking. Where we process a refund, it will be returned to your original payment method through Stripe.

7. Acceptable Use

You agree not to:

• Use the Service for any unlawful purpose or in violation of these Terms.
• Make fraudulent, speculative, or unauthorized bookings or payments.
• Interfere with, disrupt, or attempt to gain unauthorized access to the Service.
• Impersonate another person or misrepresent your affiliation with any person or Club.
• Harass, abuse, or harm other users, Club staff, or members.

We may suspend or terminate access for conduct that violates these Terms.

8. User Content and Information

You retain ownership of information you submit to the Service, such as profile details and information you provide when registering for classes. You grant us a limited license to use this information to operate and provide the Service, including sharing relevant details with the Clubs you interact with, as described in our Privacy Policy. You are responsible for the accuracy of the information you provide.

9. Intellectual Property

The Service, including its software, design, logos, and content (excluding user-provided content and Club content), is owned by Kourted and protected by intellectual property laws. You may not copy, modify, distribute, or reverse engineer any part of the Service without our prior written permission.

10. Termination and Account Deletion

You may stop using the Service and delete your account at any time from within the app. Deleting your account permanently removes your personal data as described in our Privacy Policy. We may suspend or terminate your access if you violate these Terms or if required by law. Provisions that by their nature should survive termination (including Sections 9, 11, 12, and 13) will survive.

11. Disclaimers

The Service is provided "as is" and "as available" without warranties of any kind, whether express or implied. We do not warrant that the Service will be uninterrupted, error-free, or secure. We are not responsible for the conduct, facilities, safety, or services of any Club, which are solely responsible for the services they provide.

12. Limitation of Liability

To the fullest extent permitted by law, Kourted will not be liable for any indirect, incidental, special, consequential, or punitive damages, or for any loss of profits, data, or goodwill, arising from your use of the Service. Our total liability for any claim relating to the Service will not exceed the greater of the amount you paid to us through the Service in the twelve months preceding the claim or USD $100.

13. Indemnification

You agree to indemnify and hold harmless Kourted and its officers, employees, and agents from any claims, damages, or expenses arising out of your use of the Service, your violation of these Terms, or your violation of any rights of a third party.

14. Communications and Text (SMS) Messaging

• By providing your mobile phone number, you consent to receive text messages (SMS) from Kourted and the Clubs you join in connection with the Service, including transactional and service messages such as booking confirmations, schedule changes, class cancellations or rescheduling, waitlist updates, and class or program sign-up notifications.
• Promotional messages: we and the Clubs you join will only send you promotional or marketing text messages if you separately opt in to receive them. Consent to receive promotional text messages is not a condition of purchasing or using the Service.
• Message and data rates may apply, and message frequency varies. You can opt out of text messages at any time by replying STOP, and reply HELP for help. Opting out of promotional messages does not affect transactional or service messages necessary to provide the Service.
• For details on how we collect, use, and share the information associated with messaging, see our Privacy Policy.

15. Apple App Store

The following applies if you download our app from the Apple App Store:

• These Terms are between you and Kourted only, and not with Apple Inc. ("Apple"). Apple is not responsible for the app or its content.
• Apple has no obligation to provide any maintenance or support for the app.
• Apple is not responsible for any product warranties. If the app fails to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price (if any); to the maximum extent permitted by law, Apple has no other warranty obligation with respect to the app.
• Apple is not responsible for addressing any claims relating to the app, including product-liability claims, claims that the app fails to conform to legal or regulatory requirements, and claims arising under consumer-protection or similar legislation.
• For any third-party claim that the app or your use of it infringes that third party's intellectual property rights, Kourted, not Apple, is solely responsible for the investigation, defense, settlement, and discharge of the claim.
• You represent that you are not located in a country subject to a U.S. Government embargo and are not listed on any U.S. Government list of prohibited or restricted parties.
• Apple and its subsidiaries are third-party beneficiaries of these Terms and, upon your acceptance, will have the right to enforce these Terms against you.

16. Changes to These Terms

We may update these Terms from time to time. We will notify you of material changes by posting the updated Terms on this page and updating the "Last updated" date. Your continued use of the Service after changes take effect constitutes acceptance of the updated Terms.

17. Governing Law

These Terms are governed by the laws of the State of Delaware and applicable U.S. federal law, without regard to conflict-of-law principles. You agree that any dispute arising out of or relating to these Terms or the Service will be resolved exclusively in the state or federal courts located in Delaware, and you consent to the personal jurisdiction of those courts.

18. General

• Entire agreement: these Terms and the Privacy Policy are the entire agreement between you and Kourted regarding the Service and supersede any prior agreements.
• Severability: if any provision is found unenforceable, the remaining provisions will remain in full force and effect.
• No waiver: our failure to enforce any provision is not a waiver of our right to enforce it later.
• Assignment: you may not assign or transfer these Terms without our consent; we may assign them in connection with a merger, acquisition, or sale of assets.
• Notices: we may provide notices to you through the Service or by email to the address associated with your account.

19. Contact Us

If you have questions about these Terms, you can contact us at:

Email: support@kourted.com