These Terms of Service (“Terms”) govern your access to and use of SmashDrop, including the SmashDrop mobile app and the website at smashdrop.com (together, the “Service”). The Service is operated by FuturePace, Inc., a Florida S Corporation (“FuturePace,” “we,” “us”). By creating an account or using the Service, you agree to these Terms. If you do not agree, do not use the Service.
1. Eligibility
You must be at least 13 years old to create an account. If you are between 13 and 18, you represent that you have your parent or legal guardian’s permission to use the Service. You must be able to form a binding contract under the laws of your jurisdiction.
2. Your account
You are responsible for maintaining the confidentiality of your sign-in credentials and for all activity that occurs under your account. Notify us immediately at hello@smashdrop.com if you suspect unauthorized access. You may close your account at any time from inside the app.
You agree to provide accurate information when you sign up and to keep your profile current. You may not impersonate another person, register on behalf of someone else without their permission, or create an account using automated means.
3. Tiers and payment
SmashDrop offers different account tiers. Pricing, included features, and limitations of each tier are described in the app at the time of purchase. Unless explicitly stated otherwise:
- Paid tiers are billed as one-time purchases through the Apple App Store or Google Play Store. Refund eligibility is governed by the store’s policies, not ours, and store-issued refunds may revoke access to paid features.
- Free-tier usage may be subject to limits (for example, a cap on the number of events per period). If you exceed a Free-tier limit, the relevant feature may be temporarily unavailable until the next period resets or until you upgrade.
- We reserve the right to change pricing, tier structure, and tier benefits with reasonable advance notice. Changes do not affect features you have already purchased except as required by law.
4. Acceptable use
When using the Service you agree not to:
- Use the Service for any unlawful purpose or to violate any third party’s rights.
- Harass, intimidate, dox, or send abusive content to other users.
- Submit fraudulent scores, misrepresent match results, or manipulate event standings.
- Attempt to gain unauthorized access to other users’ accounts, our systems, or our service providers’ systems.
- Reverse engineer, decompile, scrape, or otherwise probe the Service except as permitted by applicable law.
- Use automated tools (bots, crawlers, scripts) to interact with the Service without our written permission.
- Resell, sublicense, or commercially exploit the Service except as expressly permitted.
We may suspend or terminate accounts that violate these rules, and we may remove content or restrict features at our discretion to enforce them.
5. Hosts and events
If you create an event as a Host, you are responsible for the accuracy of the event information you publish, for inviting only people you intend to invite, and for any administrative decisions you make during the event (player removals, score corrections, overrides). Other participants rely on those decisions being made in good faith.
The Service provides tools for running an event; FuturePace is not the organizer of any event and is not responsible for what happens at a physical court, including but not limited to disputes between participants, injuries, missed payments between participants, or facility issues.
6. User content
You retain ownership of the content you submit to the Service (your display name, profile, scores, and similar). By submitting content, you grant FuturePace a worldwide, non-exclusive, royalty-free license to host, store, reproduce, modify (for technical purposes such as resizing), and display that content solely to operate and provide the Service to you and to other users who are entitled to see it.
You represent that you have the right to submit any content you submit and that it does not violate any third party’s rights or applicable law.
7. Privacy
Our Privacy Policy describes how we collect, use, and share personal information. By using the Service you acknowledge the practices described in that policy.
8. Intellectual property
The Service, including the SmashDrop name and logo, the app’s user interface, the scheduling algorithms, and all underlying software, is owned by FuturePace and its licensors. Nothing in these Terms transfers ownership to you. Subject to your compliance with these Terms, FuturePace grants you a limited, non-exclusive, non-transferable, revocable license to use the Service for your personal, non-commercial purposes (or, if you are a Host, to run events using the Service).
9. Third-party services
The Service interoperates with third-party platforms (Apple App Store, Google Play Store, Google Sign-In, Apple Sign-In, push-notification services, and others). Your use of those platforms is governed by their own terms, and we are not responsible for them.
If you choose to link an external rating system (such as DUPR) in the future, you authorize us to send your match results to that system on your behalf, subject to that system’s terms.
10. Disclaimers
The Service is provided “as is” and “as available” without warranties of any kind, whether express, implied, or statutory, including warranties of merchantability, fitness for a particular purpose, non-infringement, and accuracy. FuturePace does not warrant that the Service will be uninterrupted, error-free, or free of harmful components, or that match results, standings, or ratings generated by the Service will be free of mistakes.
Some jurisdictions do not allow the exclusion of certain warranties. In those jurisdictions, the above exclusions apply to the maximum extent permitted by law.
11. Limitation of liability
To the fullest extent permitted by law, FuturePace and its officers, directors, employees, and agents will not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits, revenue, data, or goodwill, arising out of or relating to your use of (or inability to use) the Service.
FuturePace’s total cumulative liability under these Terms will not exceed the greater of (a) the amount you paid FuturePace for the Service in the twelve months before the claim arose or (b) fifty US dollars ($50).
Some jurisdictions do not allow the limitation or exclusion of liability for certain damages. In those jurisdictions, FuturePace’s liability is limited to the smallest extent permitted by law.
12. Indemnification
You agree to defend, indemnify, and hold harmless FuturePace and its officers, directors, employees, and agents from and against any claims, damages, losses, and expenses (including reasonable attorneys’ fees) arising out of your breach of these Terms, your misuse of the Service, or your violation of any third party’s rights.
13. Termination
You may stop using the Service and close your account at any time. We may suspend or terminate your access at any time, with or without notice, if we reasonably believe you have violated these Terms or if we are required to by law. Sections that by their nature should survive termination (including Sections 6, 8, 10, 11, 12, and 14) will survive.
14. Governing law and disputes
These Terms are governed by the laws of the State of Florida, USA, without regard to its conflict-of-laws rules. Any dispute arising out of or relating to these Terms or the Service that is not resolved informally will be brought exclusively in the state or federal courts located in Florida, and you and FuturePace consent to the personal jurisdiction of those courts.
If you are a consumer in a jurisdiction whose law gives you the right to sue in your local courts, that right is preserved.
15. Changes to these terms
We may update these Terms from time to time. When we do, we will update the “Last updated” date above. If the changes are material, we will provide additional notice (for example, an in-app message or an email to the address on your account) before the changes take effect. Your continued use of the Service after the effective date of any update constitutes acceptance of the updated Terms.
16. Miscellaneous
These Terms are the entire agreement between you and FuturePace regarding the Service and supersede any prior agreements. If any provision is held unenforceable, the remaining provisions remain in effect. Our failure to enforce a right is not a waiver of that right. You may not assign these Terms without our prior written consent; we may assign them in connection with a merger, acquisition, or sale of assets.
17. Contact
FuturePace, Inc.
Florida, USA
hello@smashdrop.com