Terms of Service

By downloading, accessing, installing, or using Sporkei ("App", "Service", "Platform", "we", "us", or "our"), you agree to be bound by these Terms of Service ("Terms") and our Privacy Policy, which is incorporated herein by reference. If you do not agree to all of these Terms, do not use the App.

YOU MUST BE AT LEAST 18 YEARS OF AGE TO USE THIS SERVICE. By registering, you represent and warrant that you are 18 years of age or older, have read and understood these Terms, and have the legal capacity to enter into a binding agreement.

Sporkei is a TECHNOLOGY INTERMEDIARY and community sports coordination platform that allows independent users to create, discover, and join recreational sports events. Sporkei operates solely as a neutral platform connecting users.

SPORKEI DOES NOT:

• •Organize, host, sponsor, supervise, operate, or insure any event
• •Screen, vet, background-check, or verify any user's identity, criminal history, physical fitness, or qualifications
• •Inspect, certify, or guarantee the safety of any venue or equipment
• •Employ, agent, or control event organizers or participants
• •Provide physical supervision, safety personnel, or emergency services

ALL EVENTS ARE INDEPENDENTLY CREATED AND MANAGED SOLELY BY USERS. Sporkei is not a sports organizer, recreation provider, fitness service, or event operator.

Sporkei is an "interactive computer service" within the meaning of 47 U.S.C. § 230 (Communications Decency Act) and is not liable for user-generated content or third-party conduct facilitated through the Platform.

You are solely responsible for maintaining the confidentiality of your account credentials and for ALL activities that occur under your account. You agree to:

• •Provide accurate, current, and complete registration information
• •Promptly update your information to keep it accurate and current
• •Not share your account with any other person
• •Notify us immediately of any unauthorized account use at support@sporkei.com

We reserve the right to suspend or terminate accounts that violate these Terms, at our sole discretion, without prior notice or liability to you.

IMPORTANT — PLEASE READ CAREFULLY BEFORE PARTICIPATING IN ANY EVENT:

PHYSICAL SPORTS AND RECREATIONAL ACTIVITIES INVOLVE SERIOUS INHERENT RISKS INCLUDING, WITHOUT LIMITATION, PHYSICAL INJURY, BROKEN BONES, CONCUSSION, PERMANENT DISABILITY, PARALYSIS, AND DEATH. OUTDOOR AND FIELD CONDITIONS MAY BE HAZARDOUS.

BY JOINING ANY EVENT LISTED ON SPORKEI, YOU VOLUNTARILY AND KNOWINGLY ASSUME ALL RISKS, KNOWN AND UNKNOWN, FORESEEN AND UNFORESEEN, ASSOCIATED WITH PARTICIPATION IN SUCH ACTIVITIES AND WITH MEETING STRANGERS IN PERSON.

YOU ACKNOWLEDGE AND AGREE THAT:

• •Sporkei performs NO background checks, criminal history checks, identity verification, sex offender registry checks, or reference checks on any user
• •You are solely responsible for evaluating the safety of any event, venue, and each participant before engaging with them in person
• •You should NEVER share your home address and should MEET IN PUBLIC LOCATIONS
• •You should inform a trusted person of your plans when meeting strangers
• •IN CASE OF EMERGENCY, CALL 911 IMMEDIATELY. Sporkei is not an emergency service and cannot provide emergency assistance

HEALTH WARNING: Consult a physician before participating in strenuous physical activity if you have any medical condition, injury, or health concern.

Washington State: This assumption of risk is intended to comply with RCW 4.24.200 (Recreational Activities) and applicable Washington tort law.

You retain ownership of content you post ("User Content"). By posting, you grant Sporkei a worldwide, royalty-free, non-exclusive, sublicensable license to use, display, reproduce, distribute, and adapt your User Content solely to operate, maintain, and improve the Service.

You represent and warrant that:

• •You own all rights to your User Content or have obtained all necessary permissions
• •Your User Content does not infringe any third-party intellectual property rights
• •Your User Content complies with all applicable laws

PROHIBITED CONTENT: Harassing, abusive, defamatory, obscene, illegal, discriminatory, privacy-invasive, or dangerous material. We reserve the right (but have no obligation) to review, remove, or restrict any content at any time without notice.

DMCA SAFE HARBOR: To report copyright infringement, contact legal@sporkei.com with the subject "DMCA Notice". We will respond to valid notices pursuant to the Digital Millennium Copyright Act, 17 U.S.C. § 512.

You agree not to:

• •Use the Service if you are under 18 years of age
• •Harass, threaten, stalk, intimidate, or harm other users — online or offline
• •Post false, misleading, or fraudulent event information
• •Use the App for advertising, spam, or unsolicited commercial solicitation
• •Impersonate any person, entity, or Sporkei staff
• •Solicit personal information from other users for non-platform purposes
• •Use the Service to arrange, facilitate, or promote criminal activity
• •Violate any applicable local, state, federal, or international law
• •Attempt unauthorized access to any part of the Service or its infrastructure
• •Use automated tools (bots, scrapers, crawlers) to access the Service
• •Reverse engineer, decompile, or disassemble any part of the App
• •Circumvent any security, content filtering, or access control measure

Sporkei offers optional premium subscriptions ("Sporkei Premium").

IMPORTANT SUBSCRIPTION TERMS:

• •Payment is charged to your Apple ID or Google Play account upon purchase confirmation at the price shown at the time of purchase
• •Subscriptions AUTOMATICALLY RENEW unless you cancel at least 24 hours before the end of the current subscription period
• •You may manage or cancel your subscription at any time through your device's App Store / Google Play account settings. Cancellation takes effect at the end of the current billing period
• •No refunds are provided for any unused portion of a subscription period, except as required by applicable law or App Store / Google Play policies
• •Free trials, if offered, will convert to paid subscriptions at the end of the trial period unless cancelled before trial expiry
• •We reserve the right to modify subscription pricing with at least 30 days' advance notice. Continued use after price change constitutes acceptance

Apple Inc. and Google LLC process all in-app payments. We do not store payment card information. Any billing disputes must be directed to Apple or Google.

APPLE APP STORE ADDITIONAL TERMS: Apple is not a party to these Terms and bears no responsibility for the App or its content. Apple has no obligation to provide maintenance or support for the App. In the event of any App failure 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 obligations. Apple is not responsible for addressing any claims relating to the App or your use of it.

You may permanently delete your account at any time from within the App:

Settings → Delete Account.

Upon account deletion:

• •Your profile, personal information, and content will be permanently removed within 30 days
• •Active subscriptions must be cancelled SEPARATELY through the App Store or Google Play settings to stop future charges
• •Certain anonymized and aggregated data (e.g., participation statistics) may be retained for platform integrity and security as permitted by law
• •Data required to be retained for legal obligations will be kept for the minimum period required by law

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, OR RELIABILITY.

WE DO NOT WARRANT THAT: (a) the Service will be uninterrupted, timely, secure, or error-free; (b) results obtained from using the Service will be accurate or reliable; (c) any errors will be corrected; (d) the Service or its servers are free of viruses or harmful components.

WE MAKE NO WARRANTY REGARDING THE CONDUCT, IDENTITY, SAFETY, COMPETENCE, OR BACKGROUND OF ANY USER YOU MEET THROUGH THE PLATFORM. YOUR USE OF THE SERVICE AND ANY PERSON-TO-PERSON MEETINGS ARE ENTIRELY AT YOUR OWN RISK.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SPORKEI AND ITS OWNERS, OFFICERS, EMPLOYEES, AGENTS, PARTNERS, AND LICENSORS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION:

• •Physical injury, property damage, disability, or death resulting from events found or facilitated through the App
• •Your reliance on any event listing or user profile
• •Conduct of other users, whether online or offline
• •Any unauthorized access to or alteration of your transmissions or data
• •Any interruption or cessation of transmission to or from the Service
• •Failure to meet any safety standard at any event

OUR TOTAL AGGREGATE LIABILITY FOR ALL CLAIMS SHALL NOT EXCEED THE GREATER OF: (A) THE AMOUNT YOU PAID TO SPORKEI IN THE 12 MONTHS PRECEDING THE CLAIM, OR (B) ONE HUNDRED US DOLLARS ($100.00).

SOME JURISDICTIONS DO NOT ALLOW EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IN SUCH JURISDICTIONS, THE ABOVE LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW.

You agree to defend, indemnify, and hold harmless Sporkei and its affiliates, officers, directors, employees, agents, successors, and assigns from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising from or relating to:

(a) your use of or inability to use the Service;

(b) your User Content;

(c) your violation of these Terms or any applicable law;

(d) your participation in, organization of, or attendance at any event;

(e) your violation of any rights of any third party; or

(f) any physical injury, property damage, or other harm caused by you.

Sporkei shall not be liable for any failure or delay in performance of its obligations to the extent caused by circumstances beyond its reasonable control, including but not limited to acts of God, natural disasters, pandemic, epidemic, war, terrorism, government action, power outages, internet service disruptions, or cyberattacks.

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

BINDING ARBITRATION (US RESIDENTS): Any dispute, claim, or controversy arising from or relating to these Terms or the Service shall be resolved by binding individual arbitration administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules, rather than in court.

CLASS ACTION WAIVER: YOU AND SPORKEI EACH WAIVE THE RIGHT TO PARTICIPATE IN A CLASS ACTION, CLASS ARBITRATION, OR REPRESENTATIVE PROCEEDING.

SMALL CLAIMS EXCEPTION: Either party may bring an individual claim in small claims court if the claim qualifies.

EU/EEA/UK USERS: If you are located in the European Union, European Economic Area, or United Kingdom, the arbitration and class action waiver clauses above do not apply to you. You may bring claims in the courts of your country of residence.

To initiate arbitration, send written notice to: legal@sporkei.com.

These Terms are governed by the laws of the State of Washington, USA, without regard to conflict-of-law principles. For matters not subject to arbitration, you consent to exclusive jurisdiction in the state or federal courts of King County, Washington.

EXCEPTION: If mandatory law of your country of residence provides for different governing law, such mandatory provisions will apply.

We reserve the right to modify these Terms at any time. For material changes, we will provide at least 30 days' notice by updating the "Last Updated" date and notifying you via in-app notification where practicable. Your continued use of the Service after the effective date of changes constitutes acceptance.

To report a user, inappropriate content, or safety concern, use the in-app report feature or contact us at support@sporkei.com. We take safety seriously and will investigate all reports. However, Sporkei is not an emergency service. IN AN EMERGENCY, CALL 911 OR YOUR LOCAL EMERGENCY NUMBER IMMEDIATELY.

• •Severability: If any provision is found unenforceable, the remaining provisions remain in full force.
• •Waiver: Failure to enforce any provision shall not constitute a waiver of future enforcement.
• •Entire Agreement: These Terms and the Privacy Policy constitute the entire agreement between you and Sporkei.
• •Assignment: You may not assign your rights. We may assign our rights without restriction.
• •Language: These Terms are in English. In case of inconsistency in translations, the English version governs.

Sporkei

General: support@sporkei.com

Legal / DMCA: legal@sporkei.com

Privacy: privacy@sporkei.com

Washington State, USA