These Terms of Service ("Terms") are a legally binding agreement between you and Fickle App LLC, a Wyoming limited liability company ("Fickle," "we," "us," or "our"). These Terms govern your access to and use of FickleApp.com, our web application, mobile applications if offered, tournament-management tools, registration features, scoring and ranking tools, marketplace or community features if offered, communications, and all related services (collectively, the "Services").
PLEASE READ THESE TERMS CAREFULLY. THEY INCLUDE IMPORTANT LIMITATIONS OF LIABILITY AND A BINDING ARBITRATION AGREEMENT AND CLASS-ACTION WAIVER IN SECTION 24, SUBJECT TO APPLICABLE LAW.
1. Acceptance of These Terms
By creating an account, clicking an acceptance button or checkbox, registering for or participating in an event through the Services, purchasing or using a paid feature, or otherwise accessing or using the Services, you agree to these Terms and acknowledge our Privacy Policy. If you do not agree, do not use the Services.
If you use the Services on behalf of a company, school, league, club, tournament, or other organization, you represent that you have authority to bind that organization to these Terms. In that case, "you" includes both you and the organization.
2. Eligibility and Minors
The Services are intended for users age 13 and older. You may not create or maintain an account if you are under 13. If we learn that we have collected personal information directly from a child under 13 without legally sufficient authorization, we may suspend the account and delete or otherwise handle the information as required by law.
If you are under the age of legal majority where you live, you may use the Services only with the permission and supervision of a parent or legal guardian when required by law. A parent or legal guardian who permits a minor to use the Services is responsible for the minor's use of the Services and agrees to these Terms on the minor's behalf to the extent permitted by law.
Fickle may create separate programs or workflows for schools, youth organizations, or minors. Those programs may be subject to additional notices, consents, agreements, or policies.
3. Accounts and Account Security
You must provide accurate, current, and complete information and keep it updated. You may not impersonate another person, create an account for another person without authorization, or provide false eligibility, rating, age, tournament, payment, or identity information.
You are responsible for safeguarding your login credentials and for activity occurring through your account. Notify us promptly at FickleApp1@gmail.com if you suspect unauthorized access or misuse. We may require identity or account verification when reasonably necessary to protect users or the Services.
4. What Fickle Provides
Fickle is a technology platform that may provide tournament and league registration, player profiles, scheduling, court assignments, scoring, standings, brackets, rankings, statistics, match history, organizer tools, notifications, community features, coaching or marketplace features, and related functionality.
Features may change over time. We may add, modify, suspend, or discontinue features, subject to applicable law and any specific paid-service commitments we have made.
5. Tournament Organizers and Third-Party Events
Unless an event expressly identifies Fickle App LLC as the event organizer, Fickle is a technology provider and is not the organizer, owner, operator, referee, venue, coach, sanctioning body, or governing authority for the event.
Third-party organizers are responsible for their event rules, eligibility requirements, divisions, schedules, seeding, officiating, scoring decisions, refunds, cancellations, weather decisions, facility conditions, participant conduct, safety procedures, and compliance with applicable laws.
Fickle does not control and is not responsible for acts or omissions of third-party organizers, venues, players, coaches, spectators, vendors, or other third parties. Disputes concerning a third-party event may need to be resolved directly with the organizer.
6. Organizer Responsibilities
If you use Fickle as an organizer, administrator, coach, school, league, club, or event operator, you are responsible for the accuracy and legality of information you submit, including rosters, participant information, event details, eligibility, scores, results, schedules, fees, photos, and communications.
You represent and warrant that you have all permissions, consents, notices, and legal authority necessary to provide participant information to Fickle and to instruct Fickle to process or communicate that information for the event. You may not upload personal information you are not legally authorized to provide.
Organizers must not use the Services to discriminate unlawfully, manipulate competition results, misrepresent event terms, collect unauthorized fees, or engage in deceptive or abusive practices.
7. Registration, Fees, Payments, Refunds, and Taxes
Event registration fees, platform fees, subscriptions, organizer fees, processing fees, or other charges may apply to certain Services. Prices and applicable fees will be disclosed before purchase when required.
Payments may be processed by third-party payment processors. Fickle may not receive or store complete payment-card numbers. Your use of a payment processor may also be subject to that processor's terms and privacy policy.
Refund and cancellation rules may vary by event. When a third-party organizer controls the event and refund policy, the organizer is responsible for determining eligibility for refunds unless Fickle expressly states otherwise. Processing or platform fees may be nonrefundable where disclosed and permitted by law.
You are responsible for applicable taxes associated with your purchases or activities, except taxes imposed on Fickle's net income.
8. Scores, Rankings, Statistics, and Competition Data
Fickle may display or calculate scores, standings, rankings, statistics, match history, brackets, records, ratings, and similar competition data based on information entered by users, organizers, officials, or automated systems.
Such information may contain errors, delays, corrections, disputed calls, forfeits, or incomplete data. Fickle may correct, update, remove, or recalculate information when reasonably appropriate, but does not guarantee that every score, statistic, ranking, or result is error-free or suitable for any official sanctioning purpose.
Unless otherwise stated, Fickle rankings and statistics are platform features and should not be assumed to be official ratings of any outside governing body.
9. Public Profiles and Visibility
Certain information may be visible to other users or the public as part of the normal operation of a competitive sports platform. Depending on settings and features, this may include your name, profile photo, general location or home club if you provide it, skill level, division, tournament registrations, match history, scores, rankings, statistics, standings, brackets, and achievements.
Do not submit information to a public-facing field that you do not want displayed. Privacy choices and account settings, when available, may affect visibility but may not hide information that must remain visible for tournament administration or historical results.
10. User Content
"User Content" means content you upload, post, transmit, submit, or otherwise make available through the Services, including photos, profile information, listings, comments, event content, scores, and other materials.
You retain ownership of your User Content. You grant Fickle a worldwide, nonexclusive, royalty-free, sublicensable, and transferable license to host, store, reproduce, modify solely as needed for formatting or technical operation, display, perform, distribute, and otherwise use your User Content to operate, improve, promote, secure, and provide the Services. This license lasts for as long as reasonably necessary to provide the Services and maintain legitimate records, subject to applicable privacy law.
You represent and warrant that you own or control the rights necessary to provide your User Content and that our permitted use of it will not violate another person's rights or applicable law.
11. Fickle Intellectual Property
The Services, including the software, source and object code, databases, interfaces, workflows, visual design, graphics, text, logos, icons, trademarks, service marks, compilations, and original content supplied by Fickle, are owned by or licensed to Fickle and are protected by intellectual-property and other laws.
Subject to these Terms, Fickle grants you a limited, revocable, nonexclusive, nontransferable license to access and use the Services for their intended purposes. No ownership rights are transferred to you.
You may not copy, reproduce, sell, sublicense, distribute, scrape, crawl, harvest, frame, mirror, reverse engineer, decompile, disassemble, attempt to derive source code, circumvent technological protections, create unauthorized derivative works from, or commercially exploit the Services except to the extent a restriction is prohibited by law or Fickle gives written permission.
12. Prohibited Conduct
You may not use the Services to: (a) violate law or another person's rights; (b) harass, threaten, stalk, intimidate, defame, or abuse another person; (c) impersonate another person or organization; (d) manipulate scores, rankings, registrations, or tournament outcomes; (e) submit fraudulent payments, chargebacks, or registrations; (f) upload malware or harmful code; (g) probe, scan, or test vulnerabilities without written authorization; (h) bypass access controls; (i) use bots, scripts, scrapers, automated extraction tools, or data-mining systems without written authorization; (j) collect personal information about users for unauthorized purposes; (k) interfere with the operation of the Services; (l) use Fickle data to build or train a competing product or service except where such restriction is prohibited by law; or (m) facilitate unlawful conduct.
We may investigate suspected violations and may preserve or disclose relevant information when permitted or required by law.
13. Marketplace, Coaching, and Other User-to-User Features
If Fickle offers marketplace, coaching, lesson, messaging, or other user-to-user features, Fickle generally provides the platform and is not a party to transactions between users unless expressly stated otherwise.
Users are responsible for evaluating counterparties, products, services, qualifications, condition, authenticity, safety, pricing, payment arrangements, and compliance with law. Fickle does not guarantee the quality, legality, safety, or accuracy of user-to-user offerings.
14. Physical Activity and Sports Risks
Pickleball and other athletic activities involve inherent risks of injury, property damage, and, in rare cases, serious injury or death. Fickle does not provide medical advice and does not determine whether you are physically able to participate. You are responsible for deciding whether participation is appropriate for you and for following venue, organizer, and safety rules.
These Terms are not intended to replace any event-specific participant waiver or release. An organizer, venue, or Fickle may require a separate waiver before participation.
15. Communications and Email
By creating an account or registering for an event, you authorize Fickle to send service-related and transactional communications reasonably necessary to provide the Services, such as account notices, security alerts, registration confirmations, schedules, court assignments, scoring or results notices, standings, changes to events, and support messages.
Fickle may also send marketing or promotional emails, including information about upcoming tournaments, leagues, events, new features, offers, or other Fickle services, where permitted by law. Marketing emails will provide an unsubscribe mechanism as required by applicable law. Opting out of marketing email does not prevent us from sending non-promotional transactional or service communications that are necessary to administer your account, registration, transaction, security, or event participation.
You are responsible for keeping your contact information current. Delivery is not guaranteed and may be affected by spam filters, network issues, third-party providers, or incorrect contact information.
16. SMS and Mobile Messaging
Fickle does not currently offer a general SMS marketing program. If SMS messaging is activated, additional SMS Terms will apply and will be presented or linked at the time of enrollment. Consent to receive marketing texts will not be required as a condition of purchasing goods or services where prohibited by law.
17. Privacy
Our collection, use, disclosure, and retention of personal information are described in our Privacy Policy, which is incorporated by reference for purposes of describing our privacy practices. The Privacy Policy is not intended to limit any non-waivable privacy rights provided by applicable law.
18. Third-Party Services and Links
The Services may integrate with or link to third-party services, websites, payment processors, maps, analytics providers, communication providers, social networks, app stores, or other services. Fickle does not control third-party services and is not responsible for their content, availability, security, terms, or privacy practices. Your use of a third-party service may be governed by separate terms.
19. Beta Features and Changes to the Services
From time to time, we may offer beta, preview, experimental, or early-access features. Such features may be incomplete, changed, or discontinued and may contain defects. Unless expressly stated otherwise, beta features are provided as-is and may not be appropriate for mission-critical use.
20. Suspension and Termination
You may stop using the Services at any time. Account-deletion functionality may be available in the Services, or you may contact us for assistance.
We may suspend, restrict, or terminate access, remove content, cancel registrations under our control, or take other reasonable action if we believe you violated these Terms, created legal or security risk, engaged in fraud or abuse, threatened users or the platform, failed to pay amounts due, or used the Services in a manner inconsistent with their intended purpose.
Provisions that by their nature should survive termination will survive, including intellectual-property provisions, payment obligations, disclaimers, limitations of liability, indemnification, dispute provisions, and rights relating to retained records.
21. Disclaimer of Warranties
TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE." FICKLE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, AND QUIET ENJOYMENT.
FICKLE DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, SECURE, ERROR-FREE, OR AVAILABLE AT ALL TIMES; THAT DATA, SCORES, RANKINGS, SCHEDULES, OR RESULTS WILL ALWAYS BE ACCURATE; OR THAT THIRD-PARTY EVENTS, ORGANIZERS, USERS, VENUES, PRODUCTS, OR SERVICES WILL MEET YOUR EXPECTATIONS. SOME JURISDICTIONS DO NOT ALLOW CERTAIN WARRANTY DISCLAIMERS, SO SOME OF THE ABOVE MAY NOT APPLY TO YOU.
22. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, FICKLE APP LLC AND ITS MEMBERS, MANAGERS, OFFICERS, EMPLOYEES, CONTRACTORS, AGENTS, AFFILIATES, AND LICENSORS WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES, OR FOR LOST PROFITS, LOST REVENUE, LOST DATA, LOSS OF GOODWILL, BUSINESS INTERRUPTION, PERSONAL PROPERTY LOSS, OR THE COST OF SUBSTITUTE SERVICES, ARISING OUT OF OR RELATED TO THE SERVICES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE TOTAL AGGREGATE LIABILITY OF FICKLE APP LLC FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE SERVICES OR THESE TERMS WILL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID DIRECTLY TO FICKLE FOR THE SERVICES GIVING RISE TO THE CLAIM DURING THE 12 MONTHS BEFORE THE EVENT GIVING RISE TO LIABILITY OR (B) $100.
THE LIMITATIONS IN THIS SECTION DO NOT APPLY TO LIABILITY THAT CANNOT LAWFULLY BE LIMITED OR EXCLUDED. YOUR RIGHTS MAY VARY BY JURISDICTION.
23. Indemnification
To the maximum extent permitted by law, if you use the Services on behalf of an organization or as an organizer, business, coach, seller, or other commercial user, you agree to defend, indemnify, and hold harmless Fickle App LLC and its members, managers, officers, employees, contractors, agents, affiliates, and licensors from third-party claims, damages, losses, liabilities, judgments, costs, and reasonable attorneys' fees arising from your User Content, your event or business activities, your violation of these Terms, your violation of law, or your infringement or misappropriation of another person's rights. This section does not require a consumer to indemnify Fickle to the extent such an obligation is prohibited by applicable law.
24. Dispute Resolution; Binding Arbitration; Class-Action Waiver
PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS.
Informal Resolution First. Before filing arbitration or litigation, the party raising a dispute must send a written notice describing the dispute and requested relief. Notices to Fickle must be sent to Fickle App LLC, 1309 Coffeen Avenue, STE 1200, Sheridan, Wyoming 82801, and emailed to FickleApp1@gmail.com with the subject line "Legal Dispute Notice." The parties will attempt in good faith to resolve the dispute for at least 30 days after receipt of a complete notice.
Agreement to Arbitrate. Except for disputes that qualify for small-claims court, claims seeking only temporary or preliminary injunctive relief to protect intellectual property, confidential information, account security, or system integrity, and claims that cannot legally be arbitrated, you and Fickle agree that any dispute arising out of or relating to these Terms or the Services will be resolved by binding individual arbitration governed by the Federal Arbitration Act.
Arbitration Administrator and Rules. Unless the parties agree otherwise, arbitration will be administered by the American Arbitration Association (AAA) under its applicable Consumer Arbitration Rules or Commercial Arbitration Rules, as appropriate. If AAA is unavailable or unwilling to administer a particular dispute, the parties will attempt to select another nationally recognized administrator, or a court of competent jurisdiction may appoint one as permitted by law.
Individual Proceedings Only. TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU AND FICKLE AGREE THAT CLAIMS MAY BE BROUGHT ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF, CLAIMANT, OR CLASS MEMBER IN A CLASS, COLLECTIVE, CONSOLIDATED, REPRESENTATIVE, OR PRIVATE-ATTORNEY-GENERAL PROCEEDING. THE ARBITRATOR MAY AWARD RELIEF ONLY TO THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO RESOLVE THAT PARTY'S INDIVIDUAL CLAIM, EXCEPT WHERE APPLICABLE LAW REQUIRES OTHERWISE.
Small Claims. Either party may bring an eligible individual dispute in small-claims court instead of arbitration, provided the matter remains in that court and proceeds only on an individual basis.
Opt-Out Right for New Users. You may opt out of this arbitration agreement by sending written notice to FickleApp1@gmail.com within 30 days after the date you first accept these Terms. The notice must state your full name, the email address associated with your account, and that you are opting out of the arbitration agreement. Opting out of arbitration will not affect the rest of these Terms.
If a court finds that a specific part of this arbitration section is unenforceable as to a particular claim or remedy, that portion will be severed to the minimum extent necessary and the remaining arbitration provisions will remain effective, except that if the class-action waiver is finally held unenforceable for a particular class or representative claim, that claim must proceed in court rather than arbitration.
25. Governing Law and Court Venue
These Terms and disputes not subject to arbitration are governed by the laws of the State of Wyoming, without regard to conflict-of-laws rules, except to the extent federal law or the mandatory law of your state of residence applies and cannot lawfully be waived.
Subject to Section 24 and any mandatory venue rights you may have as a consumer, judicial proceedings permitted under these Terms will be brought in state or federal courts having jurisdiction over Sheridan County, Wyoming, and the parties consent to personal jurisdiction there.
26. Copyright and Intellectual-Property Complaints
Fickle respects intellectual-property rights. Our Copyright & DMCA Policy describes how to submit copyright infringement notices and counter-notifications. Fickle may remove allegedly infringing material and may terminate repeat infringers when appropriate.
27. Changes to These Terms
We may update these Terms from time to time. We will post the revised Terms and update the "Last Updated" date. If a change is material, we will provide additional notice when reasonably required by law or appropriate under the circumstances. Changes apply prospectively from their stated effective date. If applicable law requires affirmative consent to a material change, we will request it.
28. Electronic Communications and Signatures
You agree that notices, disclosures, agreements, and records may be provided electronically to the extent permitted by law. Electronic acceptance, including clicking a button or checking a box, may have the same legal effect as a handwritten signature where permitted by law.
29. Miscellaneous
These Terms, together with policies and additional terms expressly incorporated by reference, constitute the entire agreement between you and Fickle concerning the Services covered by them. If a provision is held invalid or unenforceable, it will be enforced to the maximum extent permitted and the remainder will remain in effect. Fickle's failure to enforce a provision is not a waiver. You may not assign these Terms without our written consent; Fickle may assign them in connection with a merger, financing, reorganization, sale of assets, or by operation of law, subject to applicable law. Headings are for convenience only.
30. Contact Us
Fickle App LLC 1309 Coffeen Avenue, STE 1200, Sheridan, Wyoming 82801 Phone: 626-736-6708 Email: FickleApp1@gmail.com Website: FickleApp.com