Terms of Service & End User License Agreement (EULA)

1 Description of Service

Kiwi Tennis is a platform that connects tennis players and facilitates the scheduling of recreational tennis matches. The App allows users to:

• Post and browse tennis match events at specified venues, dates, and times
• Send and receive match join requests
• Communicate with other users through one-on-one and group chat features
• Discover nearby tennis courts and players
• Manage friend connections with other players

2 Eligibility

By using the App, you represent and warrant that:

• You are at least 13 years of age. The App is not intended for children under 13.
• If you are between 13 and the age of majority in your jurisdiction, you have obtained parental or guardian consent to use the App.
• You have the legal capacity to enter into a binding agreement.
• You are not prohibited from using the App under the laws of your jurisdiction.
• All registration information you provide is accurate, current, and complete.

3 User Accounts

3.1 Account Registration

You must create an account to access most features of the App. You may register using your email address or through Google Sign-In. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account.

3.2 Account Security

You agree to notify us immediately of any unauthorized access to or use of your account. We are not liable for any loss or damage arising from your failure to protect your account credentials.

3.3 One Account Per Person

You may not create more than one account, or create an account on behalf of another person without their express authorization.

3.4 Account Termination

You may delete your account at any time through the App's settings. We reserve the right to suspend or terminate your account at our sole discretion, with or without notice, for any violation of these Terms or for any conduct we deem harmful to the App or its users.

4 User Conduct

You agree not to engage in any of the following prohibited activities:

• Harassing, threatening, stalking, or intimidating any other user
• Posting false, misleading, or fraudulent match events
• Impersonating another person or misrepresenting your identity
• Using the App for any illegal purpose or in violation of any applicable laws
• Soliciting, defrauding, or attempting to obtain money or personal information from other users under false pretenses
• Posting content that is obscene, defamatory, discriminatory, or otherwise objectionable
• Spamming, sending unsolicited commercial messages, or using the App for unauthorized advertising
• Attempting to interfere with, disrupt, or reverse-engineer the App's infrastructure or security
• Collecting or harvesting other users' personal information without their consent
• Using the App to arrange activities that are not recreational tennis matches

We reserve the right to investigate and take appropriate action — including account suspension or termination and reporting to law enforcement — for any violation of these conduct rules.

4A Zero-Tolerance Policy for Objectionable Content

The following types of content and conduct are strictly prohibited and will result in immediate content removal and account termination:

• Harassment & Bullying: Harassing, bullying, or intimidating any user through match posts, chat messages, or profile content
• Hate Speech: Discriminatory language, hate speech, or content promoting violence against individuals or groups based on race, ethnicity, religion, gender, sexual orientation, disability, or any other protected characteristic
• Sexual Content: Sexually explicit, obscene, or pornographic content of any kind
• Impersonation: Fake profiles, identity theft, or impersonating another person
• Spam & Scams: Spam, fraudulent match listings, phishing attempts, or any deceptive content
• Illegal Content: Any content that violates applicable local, provincial, national, or international laws

4B Reporting Objectionable Content

We provide in-app tools for users to report objectionable content or abusive behavior. A "Report" button is available on:

• Individual match posts in your feed
• User profile pages
• Chat messages (one-on-one and group chats)

When you submit a report:

• You will be asked to select a reason for the report (e.g., harassment, hate speech, spam, fake profile, inappropriate content)
• The reported content and user are immediately flagged in our moderation system
• Our team reviews all reports and takes appropriate action

4C Blocking Users

Users can block other users to prevent unwanted interactions. A "Block User" option is available on user profile pages and in chat conversations.

When you block a user:

• The blocked user's match posts and content are immediately removed from your feed
• You will no longer receive messages from the blocked user
• Your profile will not be visible to the blocked user in player search results
• The block is automatically reported to our moderation team for review

Important for your safety: The blocked user will not be notified that they have been blocked. You can manage your blocked users list in your profile settings at any time. Unblocking a user will restore normal visibility and interaction.

5 User-Generated Content

5.1 Your Content

You retain ownership of the content you create and post through the App, including profile information, match posts, chat messages, and photos ("User Content"). By posting User Content, you grant us a worldwide, non-exclusive, royalty-free license to use, display, reproduce, and distribute your User Content solely for the purpose of operating and improving the App.

5.2 Content Responsibility

You are solely responsible for the User Content you post. We do not endorse, verify, or guarantee the accuracy, quality, or appropriateness of any User Content. We are not responsible for any User Content, including content that may be offensive, inaccurate, or misleading.

5.3 Our Right to Remove Content

We reserve the right, but not the obligation, to review, remove, or refuse to display any User Content that we believe violates these Terms or is otherwise objectionable. We commit to reviewing all user reports and taking appropriate action, including content removal and account termination, within 24 hours of receipt.

6 Intellectual Property

The App and its entire contents, features, and functionality — including but not limited to code, design, graphics, logos, and the "Kiwi Tennis" name and branding — are owned by Kiwi Lab and are protected by copyright, trademark, and other intellectual property laws. You may not copy, modify, distribute, or create derivative works based on the App without our express written permission.

You retain all ownership rights to your User Content, subject to the license granted in Section 5.1.

7 Assumption of Risk & Waiver

7.1 Inherent Risks of Tennis

You acknowledge and understand that tennis is a physical sport that involves inherent risks, including but not limited to:

• Muscle strains, sprains, fractures, and other orthopedic injuries
• Head injuries, concussions, and eye injuries from balls or racquets
• Cardiovascular events, heat stroke, dehydration, and other medical emergencies
• Slips, trips, and falls on court surfaces
• Injuries caused by other players during play

By using the App to arrange or participate in tennis matches, you voluntarily assume all risks of personal injury, illness, property damage, or death arising from such participation, whether known or unknown.

7.2 Interactions with Other Users

You are solely responsible for your interactions with other users of the App. We do not screen, verify, or conduct background checks on any user. You acknowledge that:

• We do not verify the identity, tennis skill level, or personal background of any user
• We do not guarantee the safety, reliability, or conduct of any user
• We do not inspect or guarantee the safety of any tennis venue or court
• We are not responsible for any disputes, altercations, or incidents between users

7.3 Waiver of Claims

To the fullest extent permitted by applicable law, you waive and release Kiwi Lab, its founders, officers, employees, and affiliates from any and all claims, liabilities, damages, losses, and expenses (including legal fees) arising from or related to:

• Any injury, illness, or death occurring during or related to tennis activities arranged through the App
• Any dispute, conflict, or incident between you and another user
• Any property damage or loss occurring at a tennis venue arranged through the App
• Any cancellation, no-show, or schedule change by another user

8 Disclaimer of Warranties

The App is provided on an "as is" and "as available" basis, without any warranties of any kind, either express or implied. To the fullest extent permitted by law, we disclaim all warranties, including:

• That the App will be uninterrupted, error-free, or secure
• That any defects or errors will be corrected
• That the App is free of viruses or other harmful components
• That the accuracy, completeness, or reliability of any content (including match posts, profiles, or venue information) is guaranteed
• Any implied warranties of merchantability, fitness for a particular purpose, or non-infringement

We are not responsible for any damage to your device, loss of data, or other harm resulting from your use of the App.

9 Limitation of Liability

To the maximum extent permitted by applicable law, Kiwi Lab, its founders, officers, employees, and affiliates shall not be liable for any indirect, incidental, special, consequential, or punitive damages — including but not limited to personal injury, emotional distress, loss of profits, loss of data, or loss of goodwill — arising from:

• Your use of or inability to use the App
• Any conduct or content of any user or third party on the App
• Any in-person meeting, tennis activity, or interaction arranged through the App
• Any fraud, misrepresentation, or wrongful conduct by another user
• Unauthorized access to or alteration of your data

In no event shall our total aggregate liability to you for all claims exceed the greater of: (a) the amount you have paid us in the 12 months preceding the claim, or (b) one hundred Canadian dollars (CAD $100), if no payment was made.

10 Indemnification

You agree to indemnify, defend, and hold harmless Kiwi Lab, its founders, officers, employees, and affiliates from and against any and all claims, liabilities, damages, losses, costs, and expenses (including reasonable legal fees) arising from or related to:

• Your use of the App
• Your User Content
• Your violation of these Terms
• Your violation of any law or the rights of any third party
• Any dispute, injury, or incident between you and another user
• Your participation in any tennis match or activity arranged through the App

11 Third-Party Services

The App uses third-party services, including but not limited to Firebase (by Google) for authentication, data storage, and push notifications, and OpenStreetMap for map imagery. We are not responsible for the availability, accuracy, or practices of these third-party services. Your use of these services may be subject to their respective terms and privacy policies.

12 Termination

We may suspend or terminate your access to the App at any time, with or without cause and with or without notice, including for violation of these Terms. Upon termination, your right to use the App will immediately cease. The following sections shall survive termination: 5 (User-Generated Content), 6 (Intellectual Property), 7 (Assumption of Risk & Waiver), 8 (Disclaimer of Warranties), 9 (Limitation of Liability), 10 (Indemnification), 13 (Dispute Resolution), and 14 (Governing Law).

13 Dispute Resolution

13.1 Governing Law

These Terms shall be governed by and construed in accordance with the laws of the Province of Ontario, Canada, and the federal laws of Canada applicable therein, without regard to conflict of law principles.

13.2 Informal Resolution

Before initiating any formal legal proceeding, you agree to first contact us and attempt to resolve the dispute informally for at least 30 days. Contact us at [email protected] with a description of your concern.

13.3 Jurisdiction

Any legal action arising from or related to these Terms or your use of the App shall be brought exclusively in the courts located in Toronto, Ontario, Canada. You consent to the personal jurisdiction of such courts.

14 Changes to These Terms

We may update these Terms from time to time. When we make material changes, we will notify you through the App and update the "Last updated" date at the top of this page. If the changes are significant, we may also notify you via email or push notification and require you to re-accept the updated Terms. Your continued use of the App after the effective date of any changes constitutes your acceptance of the updated Terms.

If you do not agree with the modified Terms, you must discontinue your use of the App and delete your account.

15 General Provisions

• Entire Agreement: These Terms, together with our Privacy Policy, constitute the entire agreement between you and Kiwi Lab regarding your use of the App.
• Severability: If any provision of these Terms is found to be unenforceable, the remaining provisions shall remain in full force and effect.
• No Waiver: Our failure to enforce any provision of these Terms shall not be considered a waiver of our right to enforce that provision later.
• Assignment: You may not assign or transfer your rights under these Terms without our prior written consent. We may assign these Terms without restriction.
• Electronic Communications: By using the App, you consent to receive communications from us electronically, including via email, push notification, or in-app notices.
• Language: These Terms are written in English. Any translated version is for convenience only; the English version shall prevail.