Terms of Service

Last updated: January 2025

1. Acceptance of Terms

By accessing and using Dropins ("the Service"), you accept and agree to be bound by the terms and provision of this agreement. If you do not agree to these Terms of Service, please do not use the Service.

2. Description of Service

Dropins provides a platform for users to discover and organize spontaneous sports activities in their local area. The Service includes features such as:

• Location-based event discovery
• Event creation and management
• Real-time activity updates
• Community engagement features

3. User Accounts and Eligibility

AGE REQUIREMENT: You must be at least 18 years of age (or the age of legal majority in your jurisdiction) to use the Service. By using the Service, you represent and warrant that you meet this age requirement.

ACCOUNT SECURITY: You are solely responsible for maintaining the confidentiality and security of your account credentials. You agree to:

• Immediately notify Dropins of any unauthorized access or security breach
• Accept full responsibility for all activities that occur under your account
• Use only one account per person (duplicate accounts may be terminated)
• Provide accurate and truthful information
• Keep your contact information current

Dropins is not liable for any loss or damage arising from your failure to maintain account security.

4. User Conduct

You agree to use the Service only for lawful purposes and in a way that does not infringe the rights of, restrict, or inhibit anyone else's use and enjoyment of the Service. Prohibited behavior includes:

• Harassing or threatening other users
• Posting false or misleading information
• Attempting to gain unauthorized access to the Service
• Interfering with the proper working of the Service
• Using the Service for any illegal activity or purpose
• Violating any applicable local, state, national, or international law
• Creating fake accounts or impersonating others
• Engaging in fraud, spam, or deceptive practices

4A. Account Termination and Suspension

DROPINS RESERVES THE RIGHT, IN ITS SOLE DISCRETION, TO:

• Immediately Terminate or Suspend: Your account, access to the Service, or any features thereof, at any time, for any reason or no reason, with or without notice.
• Delete or Remove: Any content, pins, credits, virtual items, or other materials associated with your account.
• Forfeit Purchases: All purchased credits, pins, subscriptions, or other virtual items will be immediately forfeited upon termination without refund or compensation.
• Ban Permanently: Your account, device, IP address, or any other identifier from accessing the Service in the future.

REASONS FOR TERMINATION MAY INCLUDE, BUT ARE NOT LIMITED TO:

• Violation of any provision of these Terms
• Illegal activity or use of the Service for unlawful purposes
• Fraudulent, abusive, or harmful behavior
• Creation of multiple accounts or circumventing bans
• Complaints from other users or third parties
• Inactivity or non-use of the Service
• Any reason deemed appropriate by Dropins in its sole discretion

NO REFUNDS: Upon termination or suspension, you will not be entitled to any refund of fees, credits, or purchases. All virtual items, credits, and access will be immediately revoked. You acknowledge that Dropins has no liability to you or any third party for termination of your account or deletion of your content.

EFFECT OF TERMINATION: All provisions of these Terms which by their nature should survive termination shall survive, including but not limited to: ownership provisions, warranty disclaimers, indemnification, limitations of liability, and dispute resolution provisions.

5. Content

You retain ownership of any content you submit to the Service. By posting content, you grant Dropins a perpetual, irrevocable, non-exclusive, transferable, sublicensable, worldwide, royalty-free license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display your content in any and all media or distribution methods (now known or later developed) in connection with the Service and Dropins' business, including for promoting and redistributing part or all of the Service.

You represent and warrant that:

• You own or have the necessary rights to all content you submit
• Your content does not violate any third-party rights (copyright, trademark, privacy, publicity, or other rights)
• Your content does not violate any law or regulation
• Your content is not defamatory, obscene, pornographic, or otherwise objectionable

DMCA/Copyright Infringement: If you believe your copyrighted work has been infringed, please send a notice to legal@dropins.io with: (1) description of the copyrighted work, (2) location of infringing material, (3) your contact information, (4) statement of good faith belief, and (5) statement that the information is accurate and you are authorized to act. Dropins may terminate accounts of repeat infringers.

6. Privacy

Your use of the Service is also governed by our Privacy Policy. Please review our Privacy Policy to understand our practices.

7. Assumption of Risk and Release of Liability

YOU ACKNOWLEDGE AND AGREE THAT:

• Physical Activity Risk: Participation in sports and physical activities carries inherent risks, including but not limited to physical injury, illness, permanent disability, or death. You voluntarily assume all such risks.
• No Verification: Dropins does not verify the identity, credentials, safety, or suitability of any users, event organizers, or participants. You are solely responsible for evaluating all risks associated with attending any event.
• Third-Party Interactions: All interactions with other users are entirely at your own risk. Dropins is not responsible for the conduct, safety, legality, or quality of any events, activities, or interactions facilitated through the Service.
• Location and Venue Safety: Dropins does not inspect, supervise, or control any physical locations, facilities, or equipment used at events. You are responsible for assessing the safety and suitability of any venue.
• Medical Conditions: You represent that you are physically capable of participating in sports activities and have consulted with a physician if you have any medical concerns. Dropins is not responsible for any health issues or injuries that occur.

8. Complete Release and Waiver

TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU HEREBY RELEASE, WAIVE, DISCHARGE, AND COVENANT NOT TO SUE DROPINS INC., ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AFFILIATES, SUCCESSORS, AND ASSIGNS (COLLECTIVELY, THE "RELEASED PARTIES") FROM ANY AND ALL LIABILITY, CLAIMS, DEMANDS, ACTIONS, OR CAUSES OF ACTION WHATSOEVER ARISING OUT OF OR RELATED TO:

• Any loss, damage, injury, illness, or death that may be sustained by you or any property belonging to you
• Your participation in any event, activity, or interaction facilitated through the Service
• The conduct of any other user or third party
• Any act or omission of the Released Parties
• Any defect in the Service or any equipment, facilities, or locations used in connection with events

THIS RELEASE APPLIES TO CLAIMS BASED ON NEGLIGENCE, GROSS NEGLIGENCE, BREACH OF CONTRACT, VIOLATION OF STATUTE, OR ANY OTHER LEGAL THEORY, EVEN IF THE RELEASED PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

9. Indemnification

You agree to indemnify, defend, and hold harmless the Released Parties from and against any and all claims, liabilities, damages, losses, costs, expenses, fees (including reasonable attorneys' fees) arising out of or relating to:

• Your use of the Service
• Your violation of these Terms
• Your violation of any rights of another person or entity
• Your participation in any event or activity
• Any content you submit to the Service
• Your interaction with any other user

10. Disclaimer of Warranties

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, or non-infringement
• Any warranty regarding the safety, reliability, or suitability of any events, users, or locations
• Any warranty that the Service will be uninterrupted, secure, or error-free
• Any warranty regarding the accuracy, completeness, or reliability of any content or information

DROPINS MAKES NO REPRESENTATION OR WARRANTY REGARDING THE SAFETY OF ANY EVENT, LOCATION, OR USER. YOU USE THE SERVICE AT YOUR OWN RISK.

11. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW:

• NO LIABILITY: The Released Parties shall have no liability whatsoever for any loss, damage, injury, illness, or death arising from your use of the Service or participation in any event.
• Exclusion of Damages: In no event shall the Released Parties be liable for any indirect, incidental, special, consequential, punitive, or exemplary damages, including lost profits, lost data, personal injury, or property damage.
• Cap on Liability: If any liability is found to exist despite the foregoing, the total liability of the Released Parties shall not exceed the greater of (a) $100 USD or (b) the amount you paid to Dropins in the 12 months preceding the claim.
• Basis of the Bargain: You acknowledge that these limitations of liability are a fundamental basis of the bargain between you and Dropins, and that Dropins would not provide the Service without these limitations.

12. User Responsibility

You are solely responsible for:

• Verifying the identity, safety, and suitability of any person you interact with through the Service
• Conducting appropriate background checks or safety precautions
• Ensuring your physical fitness and medical ability to participate in activities
• Bringing appropriate safety equipment and taking reasonable safety precautions
• Complying with all applicable laws and regulations
• Obtaining appropriate insurance coverage for your activities
• Making informed decisions about your participation in any event

13. Emergency Situations

Dropins is not responsible for providing emergency services, medical assistance, or security at any event. In case of emergency, you should contact local emergency services immediately. Dropins is not liable for any delay or failure in emergency response.

13A. Virtual Items, Credits, and Purchases

YOU ACKNOWLEDGE AND AGREE THAT:

• No Real-World Value: Virtual items, credits, pins, and other digital goods have no cash value and cannot be redeemed for cash or monetary value.
• No Refunds: All purchases are final and non-refundable, except where required by law.
• Non-Transferable: Virtual items cannot be sold, traded, gifted, or transferred to other users or accounts.
• Modification Rights: Dropins may modify, suspend, or discontinue any virtual items at any time without notice or liability.
• Price Changes: Prices for virtual items may change at any time without notice.
• No Guarantee: Dropins does not guarantee continued availability of any virtual items or features.
• Loss of Items: Dropins is not responsible for loss of virtual items due to account termination, service errors, or any other reason.

13B. Third-Party Services and Links

The Service may contain links to third-party websites, applications, or services that are not owned or controlled by Dropins. Dropins has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party services. You acknowledge and agree that Dropins shall not be responsible or liable for any damage or loss caused by or in connection with use of any third-party services.

13B-1. Third-Party Content and Trademarks

The Service may display deals, prices, and other information sourced from publicly available materials such as retailers' weekly advertisements. All store names and brands are trademarks of their respective owners. Dropins is not affiliated with, sponsored by, or endorsed by these retailers. Deal information is provided for convenience only — prices and availability are subject to change and should be verified in store. Product images may be provided courtesy of Open Food Facts (openfoodfacts.org).

13C. Electronic Communications and Consent

By using the Service, you consent to receive electronic communications from Dropins, including emails, push notifications, SMS text messages, and in-app messages. These communications may include notices about your account, promotional offers, and transactional messages. You agree that all agreements, notices, disclosures, and other communications we provide electronically satisfy any legal requirement that such communications be in writing.

Standard message and data rates may apply to SMS communications. You may opt out of promotional communications at any time by following the unsubscribe instructions, but you cannot opt out of transactional or account-related messages.

13D. Feedback and Suggestions

If you provide Dropins with any feedback, suggestions, ideas, or other input ("Feedback") regarding the Service, you hereby assign to Dropins all rights in such Feedback and agree that Dropins shall have the right to use and fully exploit such Feedback in any manner, without compensation or attribution to you.

13E. Force Majeure

Dropins shall not be liable for any failure or delay in performance due to circumstances beyond its reasonable control, including but not limited to: acts of God, natural disasters, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, pandemics, network infrastructure failures, strikes, or shortages of transportation, facilities, fuel, energy, labor, or materials.

13F. Beta Features and Experiments

Dropins may offer beta, experimental, or early access features ("Beta Features") that are still under development. Beta Features are provided "AS-IS" without any warranty whatsoever. Dropins may discontinue, modify, or change Beta Features at any time without notice. Your use of Beta Features is at your own risk, and Dropins assumes no liability for any issues arising from Beta Features.

13G. Data and Backup

You are solely responsible for maintaining backups of any data, content, or information you submit to the Service. Dropins has no obligation to store, maintain, or provide you with copies of any content. Dropins shall have no liability for deletion, corruption, or loss of any content or data.

13H. Government and Regulatory Compliance

You agree to comply with all applicable local, state, national, and international laws and regulations in your use of the Service. You represent that you are not located in a country subject to a U.S. Government embargo or designated as a "terrorist supporting" country, and that you are not listed on any U.S. Government list of prohibited or restricted parties.

13I. Waiver and Interpretation

The failure of Dropins to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision. If any provision of these Terms is held to be invalid or unenforceable, the remaining provisions shall remain in full force and effect. These Terms constitute the entire agreement between you and Dropins and supersede all prior agreements.

14. Dispute Resolution and Arbitration

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS.

Any dispute, claim, or controversy arising out of or relating to these Terms or the Service shall be resolved by binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify.

The arbitration shall be administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules. Judgment on the award may be entered in any court having jurisdiction. This clause shall not preclude parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction.

CLASS ACTION WAIVER: YOU AND DROPINS AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.

15. Governing Law and Jurisdiction

These Terms shall be governed by and construed in accordance with the laws of the State of Delaware, without regard to its conflict of law provisions. To the extent arbitration does not apply, you agree to submit to the exclusive jurisdiction of the state and federal courts located in Delaware.

16. Severability

If any provision of these Terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that these Terms shall otherwise remain in full force and effect and enforceable.

17. Changes to Terms

We reserve the right to modify these terms at any time. We will notify users of any material changes by posting the new Terms of Service on this page. Your continued use of the Service after any changes constitutes acceptance of the new Terms.

18. Entire Agreement

These Terms, together with the Privacy Policy, constitute the entire agreement between you and Dropins regarding the Service and supersede all prior agreements and understandings.

19. No Professional Advice

The Service does not provide medical, fitness, legal, or professional advice. Any information provided through the Service is for informational purposes only and should not be relied upon as professional advice.

20. Acknowledgment

BY USING THE SERVICE, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS, UNDERSTAND THEM, AND AGREE TO BE BOUND BY THEM. YOU SPECIFICALLY ACKNOWLEDGE AND AGREE TO THE ASSUMPTION OF RISK, RELEASE OF LIABILITY, WAIVER, INDEMNIFICATION, AND ARBITRATION PROVISIONS SET FORTH ABOVE.

21. Contact Information

If you have any questions about these Terms, please contact us at legal@dropins.io

Legal Disclaimer: This Terms of Service document is provided for informational purposes. While comprehensive, it should be reviewed and customized by a licensed attorney familiar with your jurisdiction and specific business needs. Laws vary by state and country, and professional legal advice is recommended.