Terms of Service

Welcome to Serve It Up. By accessing or using our platform, you agree to be bound by these Terms of Service. Please read them carefully before using our service.

1. Acceptance of Terms

By creating an account, accessing, or using Serve It Up ("Service," "Platform," "we," "us," or "our"), you agree to comply with and be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, you may not use the Service.

2. About Serve It Up

Serve It Up is an automated matchmaking platform for tennis and pickleball players. Our services include:

• Weekly Match Generation: Automated player matching every Sunday at 10:00 AM Eastern Time
• Smart Matching Algorithm: Proximity-based pairing (10-15km radius) with skill level compatibility
• SMS Notifications: Match alerts, confirmations, and updates via text message
• Seasonal Leaderboards: Track your progress across Spring, Summer, Fall, and Winter seasons
• Prize Competitions: Cash prizes for top-performing players each season
• Payment Processing: Secure match fee payments through Stripe
• Court Discovery: Find and select courts using Google Places integration

3. Eligibility

You must be at least 18 years old to use this Service. By using the Service, you represent and warrant that:

• You are at least 18 years of age
• You have the legal capacity to enter into these Terms
• You will provide accurate and truthful information
• You will comply with all applicable laws and regulations

4. Account Registration & Security

4.1 Creating an Account

To use the Service, you must register by providing a valid phone number and completing the onboarding process, which includes:

• Name and email address
• Region selection (from our 11 coverage areas)
• Skill level (2.5 - 4.5 scale)
• Sport preference (tennis or pickleball)
• Home court location

4.2 Account Security

We use passwordless SMS-based OTP (one-time password) authentication for secure account access. You are responsible for:

• Maintaining the security of your phone number and OTP codes
• Not sharing your verification codes with anyone
• Notifying us immediately of any unauthorized access
• All activities that occur under your account

4.3 Account Termination

We reserve the right to suspend or terminate your account immediately, without prior notice, for:

• Violation of these Terms
• Fraudulent activity or misrepresentation
• Abusive or harassing behavior toward other users
• Repeated no-shows for scheduled matches
• Submitting false match results
• Any conduct we deem harmful to the Service or community

5. User Conduct

You agree to use the Service responsibly and in accordance with all applicable laws. You agree NOT to:

• Provide false, inaccurate, or misleading information
• Impersonate another person or entity
• Harass, threaten, intimidate, or abuse other users
• Use the Service for any illegal or unauthorized purpose
• Interfere with or disrupt the Service, servers, or networks
• Attempt to gain unauthorized access to any part of the Service
• Use automated systems (bots, scrapers, scripts) to access the Service
• Reverse engineer or attempt to extract source code
• Fail to show up for confirmed matches without proper notice
• Submit false match results or manipulate leaderboard rankings
• Engage in any form of match-fixing or collusion

6. Matches & Scheduling

6.1 Automated Match Generation

Matches are automatically generated every Sunday at 10:00 AM Eastern Time using our proprietary matching algorithm. The algorithm considers:

• Proximity: Players within 10-15km of each other
• Skill Compatibility: Similar skill levels (configurable tolerance of ±0.5)
• Sport: Tennis and pickleball players are matched separately
• Fair Distribution: 7-day cooldown ensures everyone gets matched fairly
• Home Court Availability: Both players must have selected a home court

6.2 Match Participation

When you receive a match notification via SMS, you are expected to:

• Respond promptly to confirm your availability
• Communicate with your opponent to finalize details
• Show up for confirmed matches on time and prepared to play
• Conduct yourself respectfully and sportingly
• Notify your opponent as soon as possible if you must cancel

Repeated no-shows or cancellations may result in account suspension or termination.

6.3 Match Results & Scoring

After completing a match, both players are responsible for submitting accurate scores through the platform. In case of disputes:

• We may investigate by contacting both players
• We reserve the right to make final determinations
• Deliberate submission of false results may result in account termination
• Disputed results may be marked as incomplete and not counted toward rankings

7. Payments & Fees

7.1 Match Fees

Some matches may require payment of a match fee to cover court costs or other expenses. All payments are:

• Processed securely through Stripe
• Due upon match confirmation
• Generally non-refundable once the match is scheduled
• Subject to our refund policy outlined below

7.2 Seasonal Prize Program

We offer cash prizes to top-ranked players at the end of each season (Spring, Summer, Fall, Winter):

• 1st Place: $500 cash prize
• 2nd Place: $250 gift card
• 3rd Place: $100 gift card

Prize Eligibility & Distribution:

• Rankings are based on total completed games played during the season
• Only verified, completed matches count toward rankings
• Prizes are awarded separately for tennis and pickleball
• We reserve the right to verify player eligibility and match results
• Winners will be contacted via email/SMS within 7 days of season end
• Prizes are subject to applicable federal, state, and local taxes
• Winners are responsible for any tax obligations
• Prizes cannot be transferred or exchanged for cash (except 1st place)

7.3 Refund Policy

Match fees are generally non-refundable once a match is scheduled. Refunds may be issued at our sole discretion in cases of:

• Platform errors or technical failures
• Match cancellations due to severe weather or court unavailability
• Both players mutually agreeing to cancel before the scheduled date
• Other exceptional circumstances as determined by us

8. SMS Communications

By providing your phone number, you explicitly consent to receive SMS messages from Serve It Up, including:

• Match notifications and scheduling updates
• OTP codes for authentication
• Payment confirmations and receipts
• Match reminders and follow-ups
• Important service announcements
• Leaderboard updates and prize notifications

Message frequency: Varies depending on your activity, typically 2-5 messages per week.
Costs: Message and data rates may apply based on your mobile carrier plan.
Opt-out: Reply STOP to any message to unsubscribe from non-essential messages. You will still receive critical account and security messages.

See our SMS Policy for complete details.

9. Privacy & Data Protection

Your privacy is important to us. Our Privacy Policy describes how we collect, use, and protect your personal information. By using the Service, you consent to:

• Collection of account and profile information
• Use of location data for proximity matching
• Storage of match history and statistics
• Sharing limited information with matched opponents (name, general location)
• Use of analytics to improve the Service

10. Third-Party Services

The Service integrates with the following third-party providers:

• Twilio: SMS messaging and OTP authentication
• Stripe: Secure payment processing
• Google Maps/Places: Location services and court discovery

Your use of these services is subject to their respective terms and privacy policies. We are not responsible for the actions, policies, or practices of these third-party providers.

11. Intellectual Property

All content, features, and functionality of the Service, including but not limited to:

• Software code and algorithms
• Text, graphics, logos, and images
• User interface and design
• Trademarks and branding

...are owned by Serve It Up and protected by United States and international copyright, trademark, patent, and other intellectual property laws. You may not copy, modify, distribute, sell, license, or create derivative works without our express written permission.

12. Disclaimers & Limitation of Liability

12.1 Service Provided "AS IS"

THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT.

12.2 No Guarantee of Matches

We do not guarantee:

• That you will be matched every week
• The availability, quality, or behavior of matched players
• That matches will result in competitive or enjoyable games
• Uninterrupted or error-free service
• That the Service will meet your specific requirements

12.3 User Interactions

We are not responsible for the conduct of users, whether online or offline. You are solely responsible for:

• Your interactions with other users
• Taking reasonable safety precautions when meeting opponents
• Verifying court availability and conditions
• Your personal safety and well-being

We do not conduct background checks and make no representations about user safety or trustworthiness.

12.4 Physical Activity Risks

Tennis and pickleball are physical activities that carry inherent risks of injury. By using the Service, you acknowledge that:

• You participate in matches at your own risk
• You are responsible for your own health, fitness, and physical condition
• You should consult a physician before engaging in strenuous physical activity
• We are not liable for any injuries, accidents, or harm that may occur

12.5 Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, SERVE IT UP, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND AFFILIATES SHALL NOT BE LIABLE FOR:

• Any indirect, incidental, special, consequential, or punitive damages
• Loss of profits, revenue, data, use, goodwill, or other intangible losses
• Personal injury or property damage arising from your use of the Service
• Unauthorized access to or use of our servers or your personal information
• Interruption or cessation of the Service
• Bugs, viruses, or harmful code transmitted through the Service
• Errors or inaccuracies in content or user-provided information
• Actions or conduct of third parties, including other users

IN NO EVENT SHALL OUR TOTAL LIABILITY EXCEED THE AMOUNT YOU PAID TO US IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM, OR $100, WHICHEVER IS GREATER.

13. Indemnification

You agree to indemnify, defend, and hold harmless Serve It Up, its officers, directors, employees, contractors, agents, licensors, and suppliers from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to:

• Your violation of these Terms
• Your use or misuse of the Service
• Your violation of any rights of another person or entity
• Your violation of any applicable laws or regulations
• Any content or information you provide through the Service
• Your interactions with other users

14. Dispute Resolution

14.1 Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of Virginia and the United States, without regard to conflict of law provisions.

14.2 Informal Resolution

Before filing any formal dispute, you agree to contact us at legal@serveitup.com to attempt to resolve the matter informally. We will make good-faith efforts to resolve disputes amicably.

14.3 Arbitration Agreement

Any dispute, claim, or controversy arising out of or relating to these Terms or the Service that cannot be resolved informally shall be settled by binding arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association (AAA).

Exceptions:

• Claims that qualify for small claims court jurisdiction
• Claims for injunctive or equitable relief for intellectual property infringement

14.4 Class Action Waiver

You agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated, or representative action. You waive your right to participate in a class action lawsuit or class-wide arbitration.

15. Changes to Terms

We reserve the right to modify, update, or replace these Terms at any time. Material changes will be communicated by:

• Email notification to your registered email address
• SMS notification for significant changes
• In-app notifications when you next log in
• Updating the "Last Updated" date at the top of this page

Your continued use of the Service after such modifications constitutes your acceptance of the updated Terms. If you do not agree to the new terms, you must stop using the Service.

16. Termination

16.1 Termination by You

You may terminate your account at any time by:

• Using the account deletion feature in your Settings
• Contacting us at support@serveitup.com

16.2 Termination by Us

We may suspend or terminate your access immediately, without prior notice or liability, for any reason, including:

• Breach of these Terms
• Fraudulent, abusive, or illegal activity
• Upon your request
• Prolonged inactivity
• Technical or security reasons
• Discontinuation of the Service

16.3 Effect of Termination

Upon termination:

• Your right to use the Service ceases immediately
• All licenses granted to you terminate
• We may delete your account and data (subject to legal retention requirements)
• You remain liable for all obligations incurred prior to termination
• Sections that by their nature should survive termination will survive

17. Miscellaneous

17.1 Entire Agreement

These Terms, together with our Privacy Policy and SMS Policy, constitute the entire agreement between you and Serve It Up regarding the Service and supersede all prior agreements.

17.2 Severability

If any provision of these Terms is found to be invalid, illegal, or unenforceable, that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions will remain in full force and effect.

17.3 Waiver

No waiver of any term or condition shall be deemed a further or continuing waiver of such term or any other term. Our failure to enforce any right or provision shall not constitute a waiver of such right or provision.

17.4 Assignment

You may not assign or transfer these Terms or your rights hereunder without our prior written consent. We may assign these Terms without restriction.

17.5 Force Majeure

We shall not be liable for any failure to perform our obligations due to circumstances beyond our reasonable control, including acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, pandemics, strikes, or shortages of transportation, fuel, energy, labor, or materials.

18. Contact Information

If you have any questions, concerns, or comments about these Terms, please contact us: