Terms of Service

1. Scope of Service

These Terms of Service ("Terms") govern your use of the DarkHorseIQ mobile application, the DarkHorseIQ website (https://darkhorseiq.com), and any related web services (collectively, the "Service") operated by DARKHORSEIQ LLC, Oklahoma City, Oklahoma, United States ("Company," "We," "Us," or "Our").

The Service includes, where offered on mobile, web, or both:

2. Eligibility

You must:

• Be at least 13 years old.
• Have legal capacity to enter into this agreement.
• Have parental consent if you are under 18 years old.

3. Account Registration

Some features of the Service, whether on the app or website, require an account.

You agree to:

• Provide accurate information.
• Keep your credentials secure.
• Remain responsible for all activity under your account.

We may suspend or terminate accounts for violations of these Terms or misuse of the Service.

4. Website Use

You may use the website to:

• Learn about the product.
• Access your account, if enabled.
• View content, rankings, or features.
• Navigate to app downloads or related services.

You agree not to:

• Scrape, copy, or extract data at scale.
• Reverse engineer the Service or probe for vulnerabilities.
• Use bots or automation without permission.
• Attempt unauthorized access to systems or accounts.

5. User Content

You may submit or generate content through the Service, including:

• Profile data.
• Match results.
• Photos or videos.
• Comments or interactions.

You retain ownership of your content.

You grant us a non-exclusive, worldwide, royalty-free license to host, use, reproduce, display, and process that content as necessary to operate, maintain, and improve the Service.

6. Public Visibility

Some data may be visible to other users or the public, including:

• Profile information.
• Match results.
• Rankings and leaderboards.
• Public interactions.

This public visibility may apply across both the app and the website.

7. Scoring, XP, and Leaderboards

The Service may display scores, match records, rankings, XP, badges, achievements, streaks, leaderboards, or similar progression features. These features are intended only for playful, motivational, community, and informational use. They are not official ratings, rankings, credentials, tournament records, prize determinations, or professional performance evaluations unless we expressly state otherwise in writing.

XP, leaderboards, rankings, statistics, and score calculations may be affected by user input errors, delayed syncing, moderation decisions, software bugs, third-party outages, data loss, rules changes, or calculation mistakes. We may correct, recalculate, reset, remove, or adjust any score, XP value, ranking, leaderboard entry, achievement, or record at any time in our discretion.

To the maximum extent permitted by law, we are not responsible or liable for any loss, dispute, missed opportunity, reputational issue, prize claim, competitive disadvantage, or other harm arising from inaccurate, delayed, missing, miscalculated, manipulated, or unavailable XP, scoring, ranking, leaderboard, statistics, or gameplay data.

8. Acceptable Use

You agree not to:

• Violate any applicable law.
• Harass, threaten, or abuse other users.
• Manipulate scores, rankings, or gameplay records.
• Use the Service fraudulently or deceptively.
• Interfere with system integrity, security, or performance.
• Upload harmful, malicious, or unlawful content.

9. Health, Safety, and Play

Pickleball and related physical activity involve inherent risks, including physical injury, property damage, and interaction with other players or venues. You are responsible for your own health, safety, skill assessment, equipment, conduct, and decision to participate in any game, practice, event, tournament, or activity.

The Service does not provide medical, safety, fitness, or emergency advice. You should stop playing and seek appropriate help if conditions are unsafe or if you experience pain, injury, illness, or a medical emergency.

10. Events, Courts, and Organizers

The Service may include court discovery, tournament operations, event listings, organizer tools, or information submitted by users, venues, organizers, or other third parties. We do not guarantee the accuracy, availability, safety, legality, quality, accessibility, pricing, scheduling, or suitability of any court, venue, event, tournament, organizer, player, or third-party listing.

Organizers, venues, and participants are responsible for their own rules, eligibility decisions, scheduling, payments, refunds, prize handling, safety practices, permissions, insurance, and compliance with applicable laws. We are not responsible for disputes between users, organizers, venues, teams, players, spectators, or other third parties.

11. Data and Privacy

Your use of the Service, including the app and website, is governed by our Privacy Policy.

This includes data collection through the website and app, analytics tracking, and cookies or similar technologies where used.

12. AI Features Disclaimer

If you use AI-related features made available through the Service:

• Outputs are informational only.
• Outputs are not professional coaching advice.
• Accuracy is not guaranteed.
• You use those outputs at your own discretion and risk.

13. Third-Party Services

We rely on third-party providers for functions such as hosting, analytics, communications, and infrastructure.

We are not responsible for outages, failures of third-party systems, or content hosted or operated outside our control.

14. App Stores and Mobile Platforms

If you download or access the mobile application through Apple, Google, or another app store or mobile platform, your use may also be subject to that platform's terms, rules, and policies. Those platforms are not responsible for providing maintenance, support, warranties, claims, or liability related to the Service except to the extent required by their own applicable terms or law.

15. Intellectual Property

All rights, title, and interest in and to the Service belong to the Company, including rights in:

• Code.
• Branding.
• Design.
• Content.

You may not:

• Copy or distribute Service materials except as permitted by law.
• Reverse engineer the Service except where prohibited by law from restricting that activity.
• Use Company branding without prior written permission.

If you believe content on the Service infringes your intellectual property rights, contact us with enough information to identify the content, your claimed rights, and how we can reach you.

16. Termination

We may suspend or terminate access to the Service if:

• These Terms are violated.
• System abuse or misuse occurs.
• Suspension or termination is required by law.

17. Disclaimer of Warranties

The Service is provided "as is" and "as available."

We do not guarantee uptime, accuracy, availability, security, compatibility, uninterrupted access, or error-free operation. We disclaim all warranties to the maximum extent permitted by law, including implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement.

18. Indemnification

To the maximum extent permitted by law, you agree to defend, indemnify, and hold harmless the Company and its owners, officers, employees, contractors, service providers, and affiliates from and against claims, damages, losses, liabilities, costs, and expenses, including reasonable attorneys' fees, arising from or related to your use of the Service, your content, your violation of these Terms, your violation of law, your interaction with other users or third parties, or your participation in games, events, tournaments, or activities connected to the Service.

19. Limitation of Liability

To the maximum extent permitted by law, we are not liable for:

• Data loss.
• Indirect, incidental, special, consequential, or punitive damages.
• User disputes or conduct of other users.
• Personal injury, property damage, or other harm arising from games, events, courts, venues, organizers, or other users.
• Reliance on analytics, rankings, XP, scoring, leaderboards, gameplay records, or AI-generated outputs.

To the maximum extent permitted by law, our total liability for any claim relating to the Service will not exceed the greater of the amount you paid us for the Service in the three months before the claim arose or one hundred U.S. dollars (US $100).

20. Changes to Terms

We may update these Terms from time to time.

We may provide notice of changes through the website, the app, or email where applicable. Continued use of the Service after updated Terms take effect constitutes acceptance of the revised Terms.

21. Dispute Resolution

Before filing a claim, you agree to contact us at support@darkhorseiq.com and attempt to resolve the dispute informally. If a dispute cannot be resolved informally, any claim must be brought on an individual basis and not as a plaintiff or class member in any purported class, consolidated, or representative proceeding, to the maximum extent permitted by law.

22. Governing Law

These Terms are governed by the laws of Oklahoma, United States, without regard to conflict of law principles.

To the maximum extent permitted by law, the state and federal courts located in Oklahoma County, Oklahoma will have exclusive jurisdiction and venue over disputes arising from or relating to these Terms or the Service.

23. Contact