Terms of Service

These terms are between you and VertexSpot LLC (“we”, “us”), and they cover the DinkPartner mobile app, this website and the service behind them. By creating an account or using the service you accept them. If you do not accept them, do not use DinkPartner.

Our Privacy Policy explains what we do with your data and forms part of this agreement. A tournament’s own terms of entry, refund policy and waiver are between you and its organizer (section 9), and if you buy something through the App Store or Google Play, Apple’s or Google’s terms apply to the purchase as well (section 13).

Apple and Google are not parties to these terms and are not responsible for DinkPartner or its content; section 14 sets out what that means if you got the app from either of them.

Your licence to use the app. We give you a personal, non-exclusive, non-transferable, revocable licence to install and use the DinkPartner app on devices you own or control, and to use the service, for your own use under these terms. The app, the website, the rating method and the DinkPartner name and marks are ours (or our licensors’); do not copy, modify, reverse-engineer, resell or build a competing service from them, except where the law lets you regardless.

You must be 18 or older. We ask for your birth year when you register and refuse an account below that age; because we know only the year, if you turn 18 this year you can join from 1 January of the next. DinkPartner is not directed at children under 13 and is not offered to anybody under 18 — there are no teen accounts and no parent-managed accounts. Do not give us a minor’s email address to hold a seat or send an invitation. We will close an account we believe belongs to somebody under 18; a parent or guardian can tell us at [email protected].

You must also be legally able to enter into this agreement, and not be barred from using the service by the law where you are. If you use DinkPartner for a club or business — to run its community or its tournaments — you confirm you are allowed to act for it, and these terms bind it as well as you.

• One person, one account — An account represents a player. Do not share it, and do not create one for somebody else.
• Real enough to be recognised — Other players confirm scores against the name they see. You do not have to use your full legal name — first name and last initial is plenty — but a name chosen to impersonate somebody else is not allowed.
• A real email address — We send a code to verify it, and we use it for things that need you (Privacy Policy).
• Keep it secure — You are responsible for what happens under your account. Tell us if you think somebody else is in it. Signing out ends your session on every device at once.
• You can leave — Delete your account from the app at any time. What happens to your data is set out in the Privacy Policy.

Most of this is obvious, and it is here so that there is something to point at when it is not.

• Do not log games that did not happen — Inventing games, arranging results, or logging against somebody who did not play is the one thing that breaks the product for everybody, because every rating in the app rests on games being real. Accounts that do it are closed.
• Do not harass anybody — No abuse, no threats, no stalking, no hate. Report it when you see it; block when you want somebody gone.
• Do not misuse other people's data — What you can see about other players — names, ratings, who plays where — is for playing pickleball with them. Do not scrape it, sell it, or use it to contact people for anything else.
• Do not fake where you are — Checking in, joining a rack and saying “I’m here” confirm you are at the park. Do not spoof your location to get round that.
• Do not pretend to be somebody else — Not another player, not a coach, not a club, not us.
• Do not spam — No mass invitations, no advertising in announcements or coach messages, no posting pickup games or racks that are not real.
• Do not abuse reporting — Report what breaks these terms — a player, a game or a community — and do not file reports to harass somebody or to win an argument.
• Do not attack the service — No probing, no automated hammering, no attempts to get at data that is not yours. Rate limits exist; do not try to get around them.
• Do not use it against the law — Including gambling on results where that is not lawful.

Much of DinkPartner involves naming somebody else: a partner or opponent on a game, a doubles partner in a tournament, a friend in your group on a rack, a person you invite to a community or to staff your event.

• Only people who were really there — Add somebody to a game only if they played in it, and to a rack group only if they are with you.
• Someone who has not joined yet — You may hold a seat on a game for an opponent who has no account, by their email address. The seat is held for 14 days; if they never claim it, the game is voided. Give their address only if they would expect to hear from DinkPartner about a game they played.
• Invitations are sent in your name — When you invite somebody by email to a community or a tournament, we email them saying who invited them. Invite people who would expect it, not lists.
• Nobody signs for anybody — A doubles partner registers and signs their own waiver. You cannot enter or sign on somebody else’s behalf (section 10).

A game counts when the people who played it agree it happened the way it says. Until then it is pending and moves nobody’s rating.

• Anyone who played may log it — The person logging it must have been in the game.
• Anyone who played may correct it — Until it is confirmed. A corrected score goes back to needing the other side’s agreement, so a correction cannot slip past the people it affects.
• Everyone else confirms — If nobody objects within the confirmation window, the game confirms itself. That window is the community’s setting, and it is shown to you before the clock runs out. Your profile shows how reliably you confirm, and with confirmations overdue you cannot post or join a pickup game until you clear them. Not confirming never changes your rating.
• Anyone on the game may dispute it — A disputed game stops counting immediately. If the dispute is not resolved within seven days, the game is voided rather than quietly counted.
• A confirmed game is final — Its score cannot be edited. If it is wrong, report it; we can void it, and you can log it again.
• A tournament match is different — The organizer’s entry is authoritative and players are not asked to confirm it — which is why every correction to one needs a reason and is written to an audit log.
• We can void a game — If a game is fraudulent, or the subject of an unresolved dispute, we may void it. Voiding reverses its rating effect precisely, for everyone who was in it.

A DinkPartner rating is our estimate of how you play, computed from confirmed games, shown with a band that expresses how sure we are.

• It is ours, not a governing body's — It is not a UTPR, a DUPR, a USA Pickleball rating or any other organisation’s. It is not sanctioned, endorsed or recognised by any governing body, and it confers no standing, eligibility or ranking outside this app. A DUPR id you add to your profile is shown as your own claim; we do not import or check DUPR ratings.
• It is an estimate — The band is the honest part. A provisional rating is drawn dashed because a handful of games is not a verdict.
• Every change is explained — Each change stores why it happened, and you can read it.
• It can change — We may change how ratings are computed — to fix a mistake, to improve the maths, or to reverse the effect of fraudulent games. Where a change alters existing ratings we will say so.
• Nobody owes you a number — Ratings are not a benefit you have bought, and we do not guarantee that any particular rating will be reached, kept or restored. An organizer who uses ratings to decide who may enter a division is making their own decision.

A community is run by the people who run it, not by us. It has one owner, and may have co-owners and admins.

• The owner — Decides who joins, who stays, the scoring defaults, the confirmation window and the courts the community plays at, and can remove or ban a member. Only the owner may delete the community, transfer it, offer or end co-ownership, and an owner must transfer ownership before leaving.
• Co-owners — An owner may offer co-ownership to an active member, who can accept or decline. A co-owner can do everything the owner can except delete or transfer the community, remove or demote the owner, and offer or end co-ownership. A community has at most 3 co-owners, counting offers not yet answered. A co-owner may step down, and the owner may end a co-ownership; either way that person stays an admin. Leaving, being removed or being banned ends it.
• Admins — Appointed by the owner or a co-owner to help run the community — approving and removing members, invites, announcements and moderation.
• If you run a community — You are responsible for how you use those powers. Moderate fairly, do not use member information for anything but running the community, and do not post anything in its name that breaks these terms.

We do not arbitrate community membership. We will act on a report of abuse, and we may hide or remove a community that is being used to break these terms, end a co-ownership, or transfer a community whose owner has gone, so that its members are not left stranded.

The free limits. Without DinkPartner Plus you may be an active member of 1 community at a time and may own or co-own 1 in total — co-owning counts as owning. Starting a community in the app needs DinkPartner Plus. You may change which community you belong to whenever you like, keeping your games, your history and your rating. We may change these limits; a change never removes you from a community you are already in.

A tournament is run by its organizer. We supply the software and, where there is an entry fee, collect it on the organizer’s behalf; we do not run the event. This is the most important sentence on this page.

• The organizer is responsible for the event — The venue, the courts, permits, insurance, safety, officiating, the format, the prizes, the schedule and everything that happens on the day — and for complying with the law that applies to running it, including any tax on the money it takes.
• The organizer sets the terms of entry — Eligibility, divisions, entry fees, the refund policy and the waiver text are theirs. Read them before you enter.
• Your contract to play is with the organizer — Not with us. If a tournament is cancelled, run badly, or not run at all, that is between you and the organizer — subject to the refund rule in section 12.
• Co-organizers and scorekeepers — An organizer may add staff. A co-organizer can run the tournament but cannot delete it, cancel it or change where its money is paid out. A scorekeeper can enter scores and mark players in and out, and cannot read waivers. The organizer stays responsible for what their staff do in the tournament.
• What we do — Registration, seeding, draws, court allocation, check-in, score entry, the live board, results, and collecting entry fees for the organizer and paying them out (section 12).
• Cancellation — Only the organizer may cancel, and only before the tournament completes. If they cancel before the draw, every entry is refunded in full regardless of the refund policy — that policy governs a player changing their mind, not an organizer calling it off. After play has begun, what is refunded is the organizer’s judgement against their own policy; the app records the decision and does not make it.

What we are, and are not. We provide software that organizers use to run their own events, and we act as the organizer’s limited agent for one purpose only: collecting entry fees from players and paying them to the organizer. A player’s payment to us of an entry fee counts as payment to the organizer. We are not the organizer, a promoter, a venue, an employer of anybody involved, or a party to the contract between an organizer and the players who enter.

Many tournaments ask you to accept a waiver before you play. The text is the organizer’s, not ours. We present it, record that you accepted it, and keep the record.

• You sign your own — One signature per player. A partner cannot accept on your behalf, and an entry is not complete until every player on it has signed.
• Tapping accept is your signature — You agree that accepting a waiver in the app is your electronic signature on it, with the same effect as signing on paper, and that we may keep an electronic record of it.
• The version is fixed at signing — We store the exact text you agreed to as a numbered version. If the organizer edits the wording later, that makes a new version and leaves yours intact.
• It is kept — Seven years after the tournament completes, and deleting your account does not remove it — see the Privacy Policy. You can read the waivers you signed in the app.
• Whether it is enforceable is not ours to say — A waiver’s legal effect is between you and the organizer and depends on the law where the event is held.

If you are an organizer, the waiver is your document: you are responsible for its wording, for whether it suits the law where your event is held, and for keeping any record that law requires of you beyond the one the app keeps. We provide a template as a starting point only; it is not legal advice. You can read and export the signatures for your own tournament.

Anyone may run a tournament of up to 8 players in 1 division, as often as they like, at no charge. Running one above that is a single purchase for that one tournament, made through the App Store or Google Play. It is not a subscription and there is nothing to cancel afterwards.

• Free — $0 — Up to 8 players, 1 division.
• Small — $24.99 — Up to 32 players, 2 divisions.
• Large — $59.99 — Up to 128 players, 8 divisions.

Buying the next size up lifts the cap on a tournament that already exists. Registrations already taken stay, and money already collected is untouched. Prices are set as store price points, so what you pay is in your own currency and includes whatever tax the store applies.

Refunds on an in-app purchase are handled by Apple or Google under their own policies, not by us. The caps a purchase unlocks are set by us and may change; a change never reduces the cap on a tournament you have already paid for.

An organizer may charge an entry fee, set per division. Each player pays their own, by card, Apple Pay or Google Pay, through Stripe — never through the App Store or Google Play.

• What you pay — The organizer’s entry fee, plus our fee of $2.99 per player for each paid division, plus the card-processing cost, passed through at cost. All three are shown, separately, before you pay. A free division costs nothing at all.
• Where the money goes — We collect the payment through Stripe as the organizer’s limited agent (section 9). The organizer is paid the whole entry fee, to their own Stripe account, after the tournament is complete; we hold it until then, and for a short period after, so that cancellations, refunds and payment disputes can be settled first. Our fee and the processing cost are not passed to the organizer.
• The refund policy is the organizer's — It is shown on the tournament before you pay and is frozen at the moment the tournament is published, so it cannot be changed under you. Inside it, the organizer decides; refunds go back to the way you paid.
• A cancelled tournament — If the organizer cancels before the draw, you are refunded the full amount you paid, including our fee and the processing cost.
• Chargebacks — A payment dispute raised with your bank is handled under Stripe’s process. We may suspend a registration while one is open. Please ask the organizer for a refund first — a chargeback for an entry you used may lead us to close your account.

If you are an organizer taking entry fees, you need a Stripe account, and you accept Stripe’s own terms for it. You must honour the refund policy you published and the full refund on a cancellation before the draw. If refunds or chargebacks on your tournament exceed what we still hold for you, you agree to repay the difference, and we may recover it from future payouts. You are responsible for your own tax on the money you receive; we and Stripe will report payouts to tax authorities where the law requires.

Some things on DinkPartner are paid. All of them are bought through the App Store or Google Play, never from us directly, and that distinction decides who you deal with about money.

• DinkPartner Plus — $2.99 a month — A monthly subscription. It lifts the free limits on how many communities you may belong to and how many you may own or co-own, and lets you start communities in the app. Nothing about your scores, your rating or your history depends on it. There is no free trial.
• A coach listing — $9.99 a month — A monthly subscription that keeps a coach profile in the directory. See section 15.
• Tournament credits — One-off purchases, each spent on a single tournament to raise its caps: Small ($24.99) — Up to 32 players, 2 divisions; Large ($59.99) — Up to 128 players, 8 divisions. A credit is used up when you apply it to a tournament, and it is not returned if you later cancel that tournament.

The price the store shows you is the price you pay. Apple and Google set the amount in your currency, take the payment, and handle tax. The figures on this site are in US dollars and are a description, not an offer — if the two ever disagree, the store is right.

Renewals, cancellations and refunds are the store’s, not ours. A subscription renews automatically at the end of each period until you cancel it, and you cancel it in your Apple or Google account rather than here — we cannot cancel it for you and we cannot refund it. It runs to the end of the period you have paid for. Deleting the app, or your account, does not cancel a subscription. Refund requests go to Apple or Google under their policies. If a purchase did not unlock what it should have, tell us and we will put it right.

A lapse does not destroy your work. If a subscription ends, what it unlocked stops being unlocked — but the thing itself stays. A coach profile is kept and simply stops being listed; communities you started continue to exist and you continue to be a member of them, though you cannot join, start or accept another until you are back within the free limits. We do not delete anything because a payment stopped.

We may change prices. A change to a subscription’s price is made through Apple’s or Google’s own process, which tells you in advance and, where they require it, asks for your consent.

Entry fees are a separate matter entirely and are never In-App Purchases — see section 12.

These terms are between you and us only, not Apple or Google. If you downloaded the app from Apple’s App Store, you and we also agree that:

• We are responsible for the app — Not Apple. Your licence is to use the app on Apple-branded devices you own or control, as the App Store’s Usage Rules allow (including Family Sharing where it applies).
• Support — Is ours to give, at [email protected]. Apple has no obligation to provide maintenance or support for the app.
• Warranty — To the extent any warranty applies by law, if the app fails to conform to it you may tell Apple, and Apple will refund the price you paid for the app (it is free, so that is nothing). Apple has no other warranty obligation for the app, and any other claim, loss or cost from a failure to conform is ours to deal with under these terms.
• Claims — We, not Apple, are responsible for any claim about the app or your use of it — including product liability, a failure to meet a legal or regulatory requirement, and consumer-protection, privacy or similar claims.
• Intellectual property — If somebody claims the app or your use of it infringes their intellectual property, we, not Apple, are responsible for investigating, defending, settling and discharging that claim.
• Where you are — You confirm you are not in a country subject to a US government embargo or designated as a “terrorist supporting” country, and are not on any US government list of prohibited or restricted parties.
• Other people's terms — You must follow the terms of any third-party service you use with the app, such as your mobile carrier’s.
• Apple can enforce these terms — Apple and its subsidiaries are third-party beneficiaries of these terms and, once you accept them, may enforce them against you.

If you got the app from Google Play, Google Play’s terms apply to your download and your purchases alongside these, and Google is likewise not responsible for the app or for supporting it. Questions or complaints about the app go to us, at the address in section 27.

A coach with a current listing appears in the directory with a headline, a rate, what they teach, a description, and up to five venues where they teach. Players reach a coach by sending a message in the app.

Certifications shown on a coach’s profile are that coach’s own claims. We do not check them. We do not contact certifying bodies, we do not see any document, and nothing in the directory is a badge, a tick or an endorsement — if a profile says a coach holds a certification, what that means is that the coach typed it in. Satisfy yourself about anyone you are thinking of paying.

We are not a party to a lesson. Coaches are not our employees, agents or contractors. We do not set their rates, vet them, insure them, supervise them, run background checks, or take any part in what is agreed between a coach and a player. A lesson is an arrangement between the two of you, and any money for it changes hands between the two of you.

Which is why a coach listing is a listing, not a booking system — no booking, no cut of lessons. There is no calendar, no deposit and no checkout; the directory lets a player reach a coach, and that is all it does.

If you list yourself as a coach, you are telling us that you may lawfully coach where you say you coach, that your description of your qualifications is accurate, that you hold whatever insurance, licences and clearances your jurisdiction requires — including any that apply to coaching minors — and that you will keep your profile honest. You are responsible for your lessons, your conduct while giving them, and your own tax. You agree to indemnify us against claims arising from your lessons or from anything untrue on your profile. We may remove a listing that we believe is inaccurate or unsafe; if we remove it for that reason, the subscription is still the store’s to refund.

The courts in DinkPartner are a shared map that players build: a park, the courts inside it, how to find them, and — while people are there — how busy it is, who is waiting and what is being played.

A court appearing in DinkPartner is not permission to play on it. We do not own, operate, book, reserve or inspect any court. Opening hours, access rules, fees, membership requirements, closures and condition are entirely the facility’s, and they change without telling us. Check before you travel, and do what the facility says when you get there.

Check-ins, busyness, waiting lists and “who’s on” are what players reported. They are a courtesy between players, not a reservation system and not a queue anybody is obliged to honour. Nothing in DinkPartner gives you a right to a court or a place in a line.

Checking in, and starting or joining a rack, happen at the courts. So do answering a rack’s call and saying “I’m here” at a pickup game or a tournament on a mapped venue. Each sends your phone’s position once, which we compare with the park and then discard (Privacy Policy). A check-in lasts about ninety minutes unless you end it. Phone positions are not always accurate, and park locations on the map are what players entered: a check-in can be refused when you are there, or a board can be out of date. We do not promise either is right.

If you start a rack — the digital version of paddles on the fence — you are opening a line for courts that are free to use on a first-come basis. Do not start one for courts the facility books or reserves, for courts somebody else is already running a line on, or to keep other people off courts. A rack holds a place in a line, never a court, and the facility’s rules and the people on site always win.

If you add or edit a venue, you are telling us it is a real place, that what you have written about it is accurate as far as you know, and that you are not posting private property as though it were open to the public. Do not add somebody else’s driveway, a gated community’s courts or a club that does not want to be listed.

If you run a facility and want something changed — a correction, a closure, a court removed from the map, or the whole venue delisted — write to [email protected] and we will act on it. You do not need an account to ask, and we will not require you to prove ownership before removing something you say is yours and do not want listed.

Some pages can be seen without an account: a public tournament’s page, a public community’s page where we show one, and the court board a court’s QR code opens. Anyone can watch them, and these terms apply to using them — in particular, do not scrape them or use them to bother the people they describe.

A court board names nobody: it shows what is happening, never who is doing it. A public tournament page shows the tournament and its organizer, not the list of entrants. What each page shows is set out in the Privacy Policy.

Community names and descriptions, announcements, tournament details, waiver and refund-policy text, coach profiles, messages to coaches, venue details, reports, your profile and your photo are yours. You keep them. Scores and game records are facts about games several people played; once confirmed they belong to everybody’s history, which is why deleting your account detaches your name from them rather than deleting them.

By posting them you give us a non-exclusive, worldwide, royalty-free permission to store them, copy them as the service needs, and show them to the people the app is meant to show them to — for as long as they are on the service, and afterwards only as the Privacy Policy says we keep things. We do not use your content to advertise, and we do not license it to anybody else.

Do not post anything you do not have the right to post, and do not post anything unlawful, threatening, hateful, sexual, misleading, or that exposes somebody else’s private information. We do not review content before it appears and are not responsible for what other people post, but we may remove content that breaks these terms, and you can report it from the app.

Feedback. If you send us suggestions, we may use them without owing you anything for them.

If you believe something on DinkPartner infringes your copyright, send a notice to our designated agent: Copyright Agent, VertexSpot LLC, 920 US Hwy 64 W, Apex, NC 27523, or [email protected] with “Copyright” in the subject. Under the US Digital Millennium Copyright Act it must include: your physical or electronic signature; the work you say is infringed; where the material is on DinkPartner, precisely enough for us to find it; your address, telephone number and email; a statement that you believe in good faith the use is not authorised by the owner, its agent or the law; and a statement, under penalty of perjury, that the notice is accurate and that you are the owner or authorised to act for them.

We remove or disable material that a valid notice identifies and tell the person who posted it. If that is you and you believe it was a mistake, you may send a counter-notice to the same address with your signature, the material and where it was, a statement under penalty of perjury that it was removed by mistake or misidentification, your name, address and telephone number, and your consent to the jurisdiction of the federal court for your district (or, outside the US, any district where we may be found). We will restore it unless the complainant tells us within 10 to 14 business days that they have gone to court. We close the accounts of repeat infringers.

Reporting. You can report a player, a game or a community from inside the app. Our staff review every report; the person or community reported is not told who reported them, and you are told when your report has been reviewed — but not what, if anything, was done to somebody else. We do not promise to act on every report, or to act within a particular time.

A small team runs DinkPartner. They can see what is needed to answer reports and keep the service working, and everything they change — suspending an account, voiding a game, hiding or closing a community, ending a co-ownership, transferring a community whose owner has gone, granting a purchase that did not land — is written to an audit log with a reason. The owner and co-owners of a community we hide are told, and the members of a community we close are told.

We may suspend or close an account that breaks these terms — in particular one that logs games that did not happen, harasses people, or attacks the service. Where it is reasonable to do so we will say why, by email, and where the breach is minor we will ask first. If you think we got it wrong, write to [email protected] and a person will look at it again.

You may close your account at any time from inside the app. Closing it does not refund a purchase, does not cancel a store subscription, and does not remove a waiver you signed (section 10). If you own a community, transfer it first.

We may stop offering DinkPartner, or any part of it. If we close the service as a whole we will give you reasonable notice first.

DinkPartner helps you find games. It does not make them safe. You play at your own risk, you are responsible for deciding whether you are fit to play, and you are responsible for your own conduct on court.

We do not vet players, we do not inspect venues, and we do not verify that a court listed in the app is open, safe or available. A court board shows what other people have said about a court; it is not a booking and it is not a guarantee.

Assumption of risk. Pickleball carries a real risk of injury — from falls, collisions, balls, paddles, heat, court surfaces and the condition of the venue — and of loss or damage to your belongings. You understand those risks and, to the extent the law allows, you accept them for any game, session, rack, lesson or tournament you take part in after finding it through DinkPartner. To the extent the law allows, you release us from claims for injury, illness, death, loss or damage arising from your taking part in any of them, because we do not organise, supervise or control them. Talk to a doctor before you start if you have any doubt about your health. Nothing in this section limits liability that cannot lawfully be limited, including for our own gross negligence or wilful misconduct (section 23).

• Uptime — We try hard, but the service will sometimes be down.
• That other people are who they say they are — We do not verify identity.
• That a tournament will happen — See section 9. The organizer runs the event.
• That a rating is correct — See section 7. It is an estimate, shown with its uncertainty.
• That a court is free, open or safe — See section 16.
• Other people's services — Directions open in Apple Maps or Google Maps, payments go through Stripe, Apple or Google, and coaches and organizers arrange things outside the app. We are not responsible for those services or arrangements.

To the extent the law allows, DinkPartner is provided “as is” and “as available”, without warranties of any kind, express or implied, including warranties of merchantability, fitness for a particular purpose, title and non-infringement. Some places do not allow some of these exclusions; where they do not, they apply only as far as the law permits, and nothing here takes away a right you have as a consumer that cannot be taken away.

We are responsible for the software we provide. We are not responsible for what happens at a pickleball court, for what an organizer, a coach or a facility does or fails to do, or for what another player does.

To the extent the law allows, we are not liable for any indirect, incidental, special, consequential or punitive loss, or for lost profits, revenue, data or goodwill, arising from DinkPartner — and our total liability to you for all claims about the service is limited to the greater of the amount you paid us in the twelve months before the claim arose, or US$100.

These limits do not apply to liability that cannot lawfully be limited or excluded — including for death or personal injury caused by our negligence, for fraud, or for your statutory rights as a consumer.

Indemnity. If you break these terms or the law while using DinkPartner — or, as an organizer or a coach, through the event or lessons you run — and somebody makes a claim against us because of it, you agree to cover our reasonable losses and costs from that claim.

Before anything formal, please write to [email protected]. Most things are a misunderstanding and can be fixed in a day. If it cannot be, we will both try for thirty days to settle it informally before either of us goes further.

These terms are governed by the laws of the State of North Carolina and of the United States, without regard to conflict-of-law rules. Disputes go to the state or federal courts located in Wake County, North Carolina, and both of us agree to their jurisdiction — except that either of us may bring a claim in a small-claims court where you live, and if you are a consumer you keep the protection of the mandatory laws of the place you live and may bring a claim in its courts.

There is no arbitration clause and no class-action waiver in these terms.

We may change these terms. When we do we update the date at the top, and if the change materially affects you we will tell you in the app or by email at least thirty days before it takes effect — sooner only where the law or a safety issue requires it. Continuing to use DinkPartner after that means you accept the new terms; if you do not, delete your account.

• The whole agreement — These terms, the Privacy Policy and anything they refer to are the whole agreement between you and us about DinkPartner.
• If one part fails — If a court finds part of these terms unenforceable, that part is applied as far as it can be and the rest stays in force.
• Not enforcing is not giving up — If we do not enforce something straight away, we can still enforce it later.
• Passing it on — You may not transfer your account or these terms to anybody else. We may transfer them to a business that takes over DinkPartner, which would be bound by them.
• Electronic notices — You agree that we may give you notices about your account and these terms in the app, by push notification or by email, and that those count as being “in writing”.
• Things outside our control — We are not responsible for a failure caused by something we could not reasonably control — an outage at a provider, a natural disaster, a change in the law.
• What survives — The sections on content, liability, indemnity, disputes and anything else that by its nature should, continue after your account is closed.

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