Terms of Service

These Terms of Service (the "Terms") govern your access to and use of the Pickle OS venue-management platform, the websites at pickleos.app, and all related applications, features, and services (together, the "Service"). The Service is operated by Pickle OS ("Pickle OS", "we", "us", or "our").

By creating an account, clicking "I agree", subscribing to a plan, or otherwise using the Service, you agree to be bound by these Terms. If you are agreeing on behalf of a company, venue, or other organisation, you represent that you are authorised to bind that organisation, and "you" refers to that organisation. Your electronic acceptance of these Terms is valid, binding, and enforceable under the Electronic Commerce Act of 2000 (Republic Act No. 8792).

If you do not agree to these Terms, do not use the Service.

1. Definitions

• "Operator" means the venue owner or business that subscribes to the Service and administers a venue workspace.
• "Player" means an individual who books a court, joins an open-play session, or otherwise transacts with an Operator through the Service.
• "Your Data" means the content, records, and personal data you or your Players submit to, or generate through, the Service.
• "Subscription" means the paid plan under which an Operator is granted access to the Service.

2. The Service

Pickle OS is a software-as-a-service platform for running pickleball venues. It includes point of sale, open-play queues and session management, live court scoring and displays, court and schedule setup, online booking with QR payments, reporting, and related tools. Availability of specific features depends on the plan you subscribe to, as described on our pricing page.

We may add to, modify, or discontinue features of the Service. Where a change materially reduces the functionality of a plan you are paying for, we will give you reasonable prior notice and, at your option, a pro-rated refund of the unused portion of your then-current billing period.

3. Eligibility and accounts

You must be at least eighteen (18) years old and legally capable of entering into a binding contract to use the Service. You agree to provide accurate, current, and complete registration information and to keep it up to date.

You are responsible for safeguarding your login credentials and for all activity that occurs under your account. You must notify us promptly at support@pickleos.app if you become aware of any unauthorised use of your account. Each Operator account has its own isolated venue workspace. You must not access, or attempt to access, any workspace or data belonging to another Operator.

4. Subscriptions, fees, and billing

• The Service is offered on a pay-first basis. A new venue workspace remains locked until an active Subscription is in place, save for any free tier we make available.
• Plans, inclusions, usage limits, and prices are those presented at signup and on our pricing page. All prices are stated in Philippine Pesos (PHP) and are inclusive of value-added tax where VAT applies.
• Subscriptions renew automatically for successive periods of the same length unless cancelled before the end of the then-current period. You may cancel at any time from the billing page; cancellation takes effect at the end of the paid period.
• Payments are collected through our third-party payment partners by QR Ph, GCash, Maya, and other e-wallet or bank rails made available at checkout, or by manual payment reference where we offer it. We issue the receipts or invoices required under the rules of the Bureau of Internal Revenue.
• Promotional or limited-time pricing applies only for the period stated at the time of purchase. Prices may change on renewal; we will give you at least thirty (30) days' notice before a price change takes effect for your account.
• Fees already paid are non-refundable except where a refund is required by law, where we materially reduce a feature you have paid for as described in Section 2, or where we terminate your account other than for your breach. This does not limit your rights under the Consumer Act of the Philippines (Republic Act No. 7394) or other applicable law.
• If a Subscription lapses or a payment fails, the venue workspace reverts to a read-only state. Your Data is retained and access is restored when the Subscription is renewed, subject to Section 11.

5. Your responsibilities and your Players' data

You retain all ownership of Your Data. You grant us a limited, non-exclusive licence to host, process, transmit, and display Your Data solely to provide and support the Service, and to produce aggregated, de-identified statistics that do not identify you, your venue, or any individual.

When you collect information about your Players through the Service, you act as the Personal Information Controller under the Data Privacy Act of 2012 (Republic Act No. 10173) ("DPA"), and Pickle OS acts as your Personal Information Processor, processing that information only on your documented instructions. You are responsible for establishing a lawful basis for that processing, for obtaining any consents required, and for giving your Players your own privacy notice. Our handling of personal data is described in our Privacy Policy.

You are also responsible for the accuracy of the prices, schedules, and offers you publish through the Service, and for honouring the bookings and transactions you accept from Players.

6. Acceptable use

You agree not to, and not to permit anyone else to:

• Use the Service for any unlawful purpose, or in violation of any law, including the Cybercrime Prevention Act of 2012 (Republic Act No. 10175) and the DPA;
• Infringe the intellectual property, privacy, or other rights of any person;
• Attempt to gain unauthorised access to the Service, to another Operator's workspace, or to any related system or network, or probe, scan, or test the vulnerability of the Service without our written permission;
• Interfere with or disrupt the integrity or performance of the Service, including by excessive automated requests;
• Reverse engineer, decompile, copy, resell, rent, or sublicense the Service or any part of it, except to the extent that restriction is prohibited by law;
• Upload or transmit malicious code, or any content that is unlawful, defamatory, obscene, or harmful; or
• Use the Service to send unsolicited commercial messages in violation of applicable law.

We may investigate suspected violations and may suspend access where necessary to protect the Service, other Operators, or Players.

7. Intellectual property

The Service, including all software, source code, designs, interfaces, text, graphics, and the Pickle OS name and marks, is owned by Pickle OS and its licensors and is protected by the Intellectual Property Code of the Philippines (Republic Act No. 8293) and international treaties. Subject to these Terms and your payment of applicable fees, we grant you a limited, non-exclusive, non-transferable, revocable right to access and use the Service during your Subscription for your internal business purposes. No other rights are granted.

If you send us feedback or suggestions, we may use them without restriction or obligation to you.

8. Third-party services

The Service relies on third-party providers for payments, hosting, database and authentication, messaging, and security. Your use of features that depend on those providers may also be subject to their terms and privacy policies. We select our providers with reasonable care, but we are not responsible for their acts or omissions, and we do not control third-party sites or services that we link to.

9. Service availability and warranties

We take commercially reasonable steps to keep the Service available, secure, and performing as described. Except as expressly stated in these Terms, the Service is provided on an "as is" and "as available" basis, and we disclaim all other warranties to the fullest extent permitted by law. We do not warrant that the Service will be uninterrupted, error-free, or free of harmful components.

Nothing in this Section excludes or limits any warranty or right that cannot be excluded or limited under the Civil Code of the Philippines, the Consumer Act, or other applicable law.

We may carry out scheduled maintenance and will use reasonable efforts to schedule it outside peak playing hours and to give advance notice where the Service will be unavailable for an extended period.

10. Limitation of liability

To the maximum extent permitted by Philippine law, neither party will be liable for indirect, incidental, special, exemplary, or consequential damages, or for lost profits, lost revenue, lost goodwill, or loss of data, arising out of or relating to the Service or these Terms, even if advised of the possibility of such damages.

To the maximum extent permitted by law, our total aggregate liability arising out of or relating to the Service or these Terms will not exceed the total Subscription fees you actually paid to us in the twelve (12) months immediately preceding the event giving rise to the claim.

These limitations do not apply to liability that cannot be limited under Philippine law, including liability arising from fraud, bad faith, gross negligence, or wilful misconduct, or to your obligation to pay fees due.

11. Suspension and termination

You may stop using the Service and cancel your Subscription at any time from the billing page.

We may suspend or terminate your access, in whole or in part, if you materially breach these Terms and do not cure the breach within fifteen (15) days of written notice; if your account is unpaid; if your use poses a security or legal risk to us, to other Operators, or to Players; or if required by law. We may suspend immediately, without the cure period, where continued access presents an imminent risk of harm.

On termination, your right to use the Service ends. You may request an export of Your Data within thirty (30) days after termination, after which we may delete it in accordance with our Privacy Policy and applicable retention obligations. Sections that by their nature should survive termination — including Sections 5, 7, 10, 12, and 14 — will survive.

12. Indemnity

You agree to indemnify, defend, and hold harmless Pickle OS and its officers, employees, and agents from and against third-party claims, losses, liabilities, and reasonable expenses (including legal fees) arising out of your breach of these Terms, your unlawful use of the Service, your content, or your handling of your Players' personal data in violation of applicable law. We will notify you promptly of any such claim and give you reasonable cooperation in its defence.

13. Force majeure

Neither party is liable for any failure or delay in performance (other than payment obligations) caused by events beyond its reasonable control, including fortuitous events under Article 1174 of the Civil Code — natural disasters, epidemics, fire, war, civil disturbance, labour disputes, power or telecommunications failures, and acts of government.

14. Governing law and dispute resolution

These Terms are governed by, and construed in accordance with, the laws of the Republic of the Philippines, without regard to conflict-of-law principles.

The parties will first attempt in good faith to resolve any dispute arising out of these Terms through discussion within thirty (30) days of written notice of the dispute. Any dispute not so resolved will be submitted to the exclusive jurisdiction of the proper courts of Makati City, Metro Manila, to the exclusion of all other venues. Nothing prevents the parties from agreeing to resolve a dispute through mediation or arbitration under the Alternative Dispute Resolution Act of 2004 (Republic Act No. 9285), or either party from seeking urgent injunctive relief from any court of competent jurisdiction.

15. General

• Entire agreement. These Terms, together with our Privacy Policy and any plan or order details presented at purchase, are the entire agreement between us regarding the Service and supersede all prior understandings.
• Severability. If any provision is held invalid or unenforceable, it will be modified to the minimum extent necessary, and the remaining provisions stay in full force.
• No waiver. A failure to enforce any provision is not a waiver of the right to enforce it later.
• Assignment. You may not assign these Terms without our written consent. We may assign them to an affiliate or in connection with a merger, reorganisation, or sale of assets.
• Notices. We may send notices to the email address on your account; you may send notices to support@pickleos.app. Notices are deemed received on the day of sending, or the next business day if sent outside business hours.
• Relationship. Nothing in these Terms creates a partnership, joint venture, agency, or employment relationship between the parties.

16. Changes to these Terms

We may update these Terms from time to time. When we do, we will revise the "Last updated" date above and, for material changes, give you notice by email or in the Service at least fifteen (15) days before the change takes effect. Your continued use of the Service after the change takes effect constitutes acceptance. If you do not accept a change, you may cancel your Subscription before it takes effect.

17. Contact us

Questions about these Terms may be sent to support@pickleos.app.