TERMS AND CONDITIONS

Welcome to ScorePal!

ScorePal is owned and operated by Digital Scores LLC.

These are the terms and conditions for:

• ScorePal mobile application (Available on Google Play and App Store).
• ScorePal website (https://scorepal.co)

The following terms and conditions apply to your use of the ScorePal platform and the services available on the platform. This includes mobile versions, as well as any other version of ScorePal accessible via desktop, tablet, social media or other devices.

By using the platform, you agree to these terms and conditions and our privacy policy. In these terms and conditions, the words “platform” refer to the ScorePal mobile application and the ScorePal website together, "we", "us", "our", and "ScorePal", refers to Digitalscores LLC, and "you", and "user", refers to you, the ScorePal user.

PLEASE READ THESE CONDITIONS CAREFULLY BEFORE USING THE SERVICES AND FUNCTIONALITIES AVAILABLE ON THE PLATFORM.  

1. ACCEPTANCE OF TERMS

By accessing and using the ScorePal platform, you agree to be fully bound by the terms and conditions set forth in this agreement. If you do not agree to any of the terms, you must refrain from using the platform or its services. We reserve the right to modify this agreement at any time. Any modifications will be effective upon posting on the platform. By continuing to use ScorePal following the posting of a modification, you expressly agree to be bound by the updated terms. For this reason, we recommend that you review this agreement periodically to stay informed of any changes.

By using the platform, you represent and warrant that you have full legal capacity, power and authority to enter into this agreement and to perform your obligations hereunder. You further confirm that you are not subject to any legal, contractual or other restriction that limits or prevents your ability to accept these terms and conditions. You warrant that you will use the platform in accordance with applicable laws and regulations and that your use will not infringe any third party rights or contravene any applicable regulations.

Your acceptance of this agreement constitutes a binding commitment by you and any entity you represent to adhere to the terms set forth herein and any additional policies posted on the platform. This commitment includes your obligation to ensure that all information provided during registration and use of the platform is truthful, accurate and up to date. ScorePal will not be liable for any breach of these terms by users, and any violation of these terms may result in the suspension or termination of your access to the platform.

2. NOTIFICATIONS AND NEWSLETTER

By providing your email address to ScorePal, you agree that we may use your email address to send you notifications about ScorePal. We may also use your email address to send you notifications and other messages, such as changes to platform features, news and special content. If you do not wish to receive these emails, you may opt-out of receiving them by submitting your unsubscribe request through the contact information or by using the “unsubscribe” option in the emails. Opting out may prevent you from receiving notifications and emails about updates, news or special content.

3. DESCRIPTION OF THE PLATFORM

ScorePal is a digital platform that combines a website and a mobile application, designed to offer specialized tools to padel players and organizers. Players can register for free to create and manage their profiles, participate in leagues and tournaments, and access sports analytics that allow them to track their performance and statistics in detail. Organizers, meanwhile, can use the platform to create, manage and promote events, manage registrations, record results and coordinate player participation.

4. REGISTRATION AND USER ACCOUNT

To access and use the functionalities of the ScorePal platform, users must create a user account through the registration process. ScorePal offers the possibility of registering for free, allowing access to the basic functions of the platform. There are two types of user accounts: player accounts and organizer accounts. Each type of account is designed to offer specific functionalities that are adapted to the needs of different user profiles.

When registering on the platform, both players and organizers must provide accurate, complete and up-to-date information, including, among other things, their full name, valid email address and a secure password. The user is responsible for maintaining the confidentiality of their access credentials and for any activity that takes place through their account. ScorePal is not responsible for any unauthorized access that results from the user's negligence in protecting their credentials. In case of suspicion of unauthorized use of the account, the user must immediately notify ScorePal to take the necessary measures.

Player accounts allow users to create and manage their sports profile, participate in leagues and tournaments, access personalized sports analysis and connect with other players within the platform. On the other hand, organizer accounts are oriented towards the creation and management of sporting events, such as leagues and tournaments, allowing organizers to manage player registration, publish results and administer the logistics of their competitions. Both types of accounts have access to the basic functions of the platform free of charge, but they can also choose to purchase subscription plans that offer additional features to enhance the platform experience.

ScorePal reserves the right to verify the information provided by users during registration and at any time thereafter. In the event that false, inaccurate, incomplete or outdated information is detected, ScorePal may suspend or cancel the user's account temporarily or permanently, without prior notice, and restrict access to the platform.

Each user can maintain a single active account on the platform. The creation of multiple accounts by the same person is prohibited, unless ScorePal grants express authorization. Likewise, it is prohibited to transfer or assign the user account to third parties without the prior written consent of ScorePal.

ScorePal reserves the right to modify, suspend or delete user accounts, as well as to restrict access to certain functionalities, in the event of non-compliance with these Terms and Conditions, any fraudulent activity, improper use of the platform or any other conduct that may harm ScorePal, other users or third parties.

The user may, at any time, close their account through the settings available on the platform. Deleting the account implies the loss of access to the data, statistics and any content associated with the account. ScorePal is not responsible for the loss of information after the voluntary closure of the account by the user.

5. SUBSCRIPTIONS

ScorePal offers its users the possibility of subscribing to payment plans that provide access to additional functionalities within the platform. There are two types of subscriptions available: PRO subscription for players and Club subscriptions for organizers (Pro Club, Elite Club, Enterprise). Both types of subscription are designed to improve the user experience on the platform, providing advanced tools that optimize both participation in sports activities and the organization of events.

Users registered as players can choose to upgrade their account to the PRO subscription for players, which will allow them to access additional features, such as advanced sports analysis, detailed performance statistics, personalized comparisons with other players, priority access to exclusive tournaments and other features that ScorePal may add in the future.

Similarly, users registered as tournament organizers can upgrade their club to a paid Club subscription tier (Pro Club, Elite Club, or Enterprise), which will allow them to access advanced tools for tournament and league management, including options for event customization, increased player and league limits, court bookings, detailed analysis of participants' performance, and priority support features.

PRO subscriptions for players and Club subscriptions for organizers are offered under an automatic monthly or yearly billing model. By purchasing a subscription, the user expressly authorizes ScorePal to charge the corresponding amount to the payment method provided by the user on a recurring basis, unless the user proceeds to cancel it in accordance with the provisions of these Terms and Conditions.

Payment for subscriptions may be made through the payment methods available on the platform, which may include credit cards, debit cards, or any other payment method that ScorePal may enable in the future. It is the user's responsibility to ensure that the payment information provided is valid and up to date. In the event that the payment cannot be processed due to lack of funds, the expiry of the payment method or any other reason, ScorePal reserves the right to suspend or cancel the subscription until the payment is actually made.

The user may cancel their PRO subscription at any time through their account settings on the platform. The cancellation will take effect at the end of the current billing cycle, which means that the user will continue to have access to the PRO functionalities until the end date of the subscription period already paid for. No refunds will be made for payments already made, except in cases where ScorePal determines, at its sole discretion, that exceptional circumstances justify it.

ScorePal reserves the right to modify the subscription fees and/or the features included in each type of PRO subscription. Any change in prices will be notified to the user with reasonable notice before the new price comes into effect. In the event that the user does not agree with the new price or the new subscription conditions, they may cancel their subscription before the date on which the modification is to be applied. Continued use of the PRO subscription after the changes come into effect will be considered as acceptance of the changes.

The PRO subscription is personal and non-transferable. It is forbidden to share or transfer access to PRO features to third parties without the express written authorization of ScorePal. Failure to comply with this provision may result in the immediate cancellation of the subscription without the right to a refund and the adoption of the corresponding legal measures.

6. LIMITATION OF LIABILITY

ScorePal provides a digital platform consisting of a website and a mobile application that offers sports analysis functionalities, creation and management of leagues and tournaments, as well as the creation and management of player profiles. By using the platform, the user acknowledges and accepts that ScorePal acts exclusively as a technological facilitator and assumes no direct or indirect responsibility for the results derived from the use of its services.

ScorePal does not guarantee the accuracy, completeness or usefulness of the sports analysis generated through the platform. The analysis and statistics provided are based on data entered by users and algorithms developed by ScorePal, and are intended for informational and recreational purposes only. The interpretation and use of these analyses is the sole responsibility of the user. ScorePal will not be held responsible for any decision, sports result or performance derived from the use of said information.

Regarding the creation and management of leagues and tournaments, ScorePal does not participate in the organization, regulation, supervision or execution of the events created by the organizing users. The platform only provides the necessary tools to facilitate the creation, registration and management of such events. ScorePal assumes no responsibility for the accuracy of the information provided in relation to these events, nor for the conduct of the organizers or participants. Any dispute, claim or inconvenience related to participation in tournaments or leagues must be resolved between the parties involved, exempting ScorePal from any responsibility in this regard.

Likewise, ScorePal does not guarantee the uninterrupted availability of the platform or the absence of technical errors, malfunctions, or interruptions in the service. Although ScorePal strives to keep the platform operational and secure, the user accepts that interruptions, delays or errors may occur due to maintenance, updates, system failures or causes beyond the reasonable control of ScorePal, such as problems in the internet network or failures of third party service providers. ScorePal will not be liable for any damage or loss, direct or indirect, resulting from the unavailability or malfunctioning of the platform.

ScorePal assumes no responsibility for the accuracy, quality or legality of the information, content or data provided by users in their profiles or while using the platform. The user is solely responsible for the veracity of the information they provide and for any content they publish or share on the platform. ScorePal does not guarantee that the interaction between users, whether between players or between organizers and players, will be safe, reliable or appropriate. Any relationship that arises between users outside the platform, including sporting events or any other activity, is done so at the risk of the parties involved. ScorePal will not be liable for any damage, loss, injury or harm arising from such interactions.

ScorePal will not be liable for any loss of data, business interruption, loss of income or any other direct, indirect, incidental, special, consequential or punitive damages arising out of the use of or inability to use the platform, even if ScorePal has been advised of the possibility of such damages. In no event shall ScorePal's total liability to the user for any claim related to the use of the platform exceed the total amount paid by the user, if any, for access to the services during the six (6) months prior to the event that gave rise to the liability.

This limitation of liability applies to the fullest extent permitted by applicable law. If any provision of this clause is held to be invalid or unenforceable, that provision will be eliminated or limited to the minimum extent necessary, and the remaining provisions will continue in full force and effect.

7. LICENSE TO USE THE PLATFORM

ScorePal grants the user a personal, worldwide, royalty-free, non-transferable, non-sublicensable, non-exclusive, non-sublicensable license to download and use the ScorePal mobile application, available through the App Store and Google Play Services. This license includes access to modified versions, updates, upgrades, enhancements, extensions, add-ons and copies of the app, if available. The exclusive purpose of this license is to allow the user to access and use the functionalities offered by the platform in accordance with the terms and conditions set forth in this agreement.

The user agrees to use the platform diligently, lawfully and in full compliance with applicable regulations, refraining from any activity that is negligent, fraudulent, harmful or in any way compromises the integrity of ScorePal, its services or the experience of other users. Use of the platform for actions that may damage the reputation, interests or rights of ScorePal, its affiliates or third parties is strictly prohibited, including but not limited to:

• Attempting to access unauthorized systems or reverse engineer the platform.
• Employ automated techniques to interact with the platform in an unauthorized manner.
• Engage in activities that may disrupt, overload or compromise the technical operation of the platform.

ScorePal reserves the right, at its sole discretion, to suspend or terminate the user's access to the platform immediately and without liability to the user, in the event that any breach of the stated conditions is detected. This cancellation may be carried out with or without prior notice, depending on the nature and severity of the breach. In addition, ScorePal reserves the right to take legal action if the improper use of the platform generates economic, technical or reputational damage to the company or third parties.

The user acknowledges that the license granted is revocable and that its continuity depends on full compliance with these conditions. Any unauthorized or prohibited use of the platform may result in the immediate termination of this license and the adoption of the necessary legal measures to protect the rights and interests of ScorePal.

8. ADVERTISING ON THE PLATFORM

By using the ScorePal platform, which includes both the website and the mobile application, the user accepts that advertisements and promotional content may be displayed during their experience on the platform. These advertisements may include third-party promotions, sports-related offers, or products and services that ScorePal deems relevant to its users.

Advertising may be based on the user's activity within the platform, including their profile, participation in events, sports preferences and usage patterns. ScorePal may use analysis tools and tracking technologies to personalize the advertising displayed to each user, in order to offer more relevant content tailored to their interests.

The user acknowledges and accepts that ScorePal is not responsible for the accuracy, quality or content of the advertisements provided by third parties, nor for any transaction, interaction or relationship that arises between the user and the advertisers. Any purchase or agreement made with third-party advertisers is made under the sole responsibility of the user, and ScorePal assumes no obligation or responsibility in relation to such agreements.

9. COPYRIGHT

All materials on the platform, including, without limitation, names, logos, trademarks, images, text, animations, graphics, videos, photographs, illustrations, software and other elements are protected by copyrights, trademarks and/or other intellectual property rights owned and controlled by ScorePal. You acknowledge and agree that all materials on the platform are available for personal, limited, non-commercial use only. Except as specifically provided herein. No material may be copied, reproduced, republished, sold, downloaded, posted, transmitted or distributed in any way, or otherwise used for any purpose, by any person or entity, without the prior express written permission of ScorePal. You may not add to, delete, distort or otherwise modify the material. Any unauthorized attempt to modify any material, to defeat or circumvent any security feature, or to use ScorePal or any part of the material for any purpose other than its intended purpose is strictly prohibited.   

10. COPYRIGHT COMPLAINTS

ScorePal will respond to all queries, complaints and claims related to alleged infractions or violations of the provisions contained in the copyright and intellectual property laws and regulations of the United Arab Emirates and internationally. ScorePal respects the intellectual property of others and expects users to do the same. If you believe, in good faith, that any material provided on the website infringes your copyright or other intellectual property rights, please send your request using our contact information, with the following information: 

• Identification of the intellectual property right that is allegedly infringed. All relevant registration numbers, or a statement concerning the ownership of the work, should be included.
• A statement specifically identifying the location of the infringing material, with enough detail that ScorePal may find it on the platform.  
• Your name, address, telephone number and e-mail address.
• A statement by you that you have a good faith belief that the use of the allegedly infringing material is not authorized by the owner of the rights, or its agents, or by law.
• A statement by you, made under penalty of perjury, that the information in your notice is accurate, and that you are the copyright owner or authorized to act on the copyright owner's behalf.
• An electronic or physical signature of the owner of the copyright or the person authorized to act on behalf of the owner of the copyright interest.

11. PROHIBITED ACTIVITIES

The following activities are prohibited:

• Access, monitor, reproduce, distribute, transmit, broadcast, display, sell, license, copy or otherwise exploit any content of the platform, including, but not limited to, using any robot, spider, scraper or other automated means or any manual process for any purpose not in accordance with these terms.
• Take any action that imposes, or may impose, in our discretion, an unreasonable or disproportionately large load on our infrastructure.
• Deep-link to any part of our platform for any purpose without our express written permission.
• "Frame", "mirror" or otherwise incorporate any part of the platform into any other platform or service without our prior written permission.
• Attempt to modify, translate, adapt, edit, decompile, disassemble or reverse engineer any software used by ScorePal.
• Evade, disable or otherwise interfere with security-related features of the platform or features which prevent or restrict the use or copying of any content.

12. DISCLAIMER OF WARRANTIES

Due to the nature of the Internet, ScorePal provides and maintains the platform on an “as is”, “as available” basis and does not promise that use of the platform will be uninterrupted or error free. We shall not be liable to the user or any third party if we are unable to provide our platform and services for any reason beyond our control.

Our platform may from time to time contain links to other platforms which are not under the control of and are not maintained by us. These links are provided for your convenience only and we are not responsible for the content of those sites.

Except as provided above we can give no other warranties, conditions or other terms, express or implied, statutory or otherwise and all such terms are hereby excluded to the maximum extent permitted by law.

You will be responsible for any breach of these terms by you and if you use the platform in breach of these terms you will be liable to and will reimburse ScorePal for any loss or damage caused as a result.

ScorePal shall not be liable for any amount for any failure to perform any obligation hereunder if such failure is due to the occurrence of any unforeseen event beyond its reasonable control, including, without limitation, Internet outages, communications outages, fire, flood, war or force majeure.

These terms do not affect your statutory rights as a consumer which are available to you.

Subject as aforesaid, to the maximum extent permitted by law, ScorePal excludes liability for any loss or damage of any kind howsoever arising, including without limitation any direct, indirect or consequential loss whether or not such arises out of any problem you notify to ScorePal and ScorePal shall have no liability to pay any money by way of compensation, including without limitation all liability in relation to:

• Any incorrect or inaccurate information on the platform.
• The infringement by any person of any Intellectual Property Rights of any third party caused by their use of the platform or any product purchased through the
• Any loss or damage resulting from your use or the inability to use the platform or resulting from unauthorized access to, or alteration of your transmissions or data in circumstances which are beyond our control.
• Any loss of profit, wasted expenditure, corruption or destruction of data or any other loss which does not directly result from something we have done wrong.
• Any amount or kind of loss or damage due to viruses or other malicious software that may infect a user's computer equipment, software, data or other property caused by persons accessing or using content from the platform or from transmissions via emails or attachments received from ScorePal.
• All representations, warranties, conditions and other terms which but for this notice would have effect.

13. INDEMNIFICATION

You agree to defend and indemnify ScorePal and any of their directors, employees and agents from and against any claims, causes of action, demands, recoveries, losses, damages, fines, penalties or other costs or expenses of any kind or nature including but not limited to reasonable legal and accounting fees, brought by third parties as a result of:

• Your breach of this agreement or the documents referenced herein.
• Your violation of any law or the rights of a third party.
• Your use of the platform.

14. CHANGES

We may change the platform and these terms at any time, in our sole discretion and without notice to you. You are responsible for remaining knowledgeable about these terms. Your continued use of the platform constitutes your acceptance of any changes to these terms and any changes will supersede all previous versions of the terms. Unless otherwise specified herein, all changes to these terms apply to all users take effect.

15. PERSONAL DATA

Any personal information you submit in connection with your use of the platform as a user will be used in accordance with our privacy policy. See our privacy policy.

16. INTEGRATION CLAUSE

This agreement together with the privacy policy and any other legal notices published by ScorePal, shall constitute the entire agreement between you and ScorePal concerning and governs your use of the platform.

17. SEVERABILITY

If any section of these terms is held invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired. Our failure to enforce or delay in enforcing any provision of these terms at any time does not waive our right to enforce the same or any other provision in the future.

18. FORCE MAJEURE

ScorePal shall not be liable for any failure to perform due to causes beyond its reasonable control, including, without limitation, fortuitous events, acts of civil authorities, acts of military authorities, riots, embargoes, acts of nature and natural disasters, and other acts that may be due to unforeseen circumstances.

19. TERMINATION

Both the user and ScorePal acknowledge that failure to comply with these terms and conditions may result in termination of the agreement between both parties.

In case of non-compliance by the user: If the user fails to comply with any of the terms set forth in these terms and conditions, ScorePal reserves the right to unilaterally terminate the user's access to and use of the platform. ScorePal may take this action without prior notice, and the User will automatically lose all rights to access and use the platform. Furthermore, ScorePal shall not be liable for any loss of data or information associated with the user's account.

In case of non-compliance by ScorePal: If ScorePal fails to comply with its obligations under the agreed terms and conditions, the User shall be entitled to terminate the agreement and stop using the platform. The user shall notify ScorePal in writing of the breach and allow a reasonable time for ScorePal to remedy the situation. If ScorePal does not remedy the breach within the set period, the user may proceed with the termination of the agreement.

Termination of the agreement shall not release either party from any obligations and liabilities that have arisen prior to the date of termination.

Continued use of the platform after termination of the agreement by either party shall imply acceptance of the conditions set forth in the terms and conditions in effect at that time.

20. DISPUTE RESOLUTION

Any dispute, claim or controversy that arises between a user and ScorePal in relation to these terms and conditions, the use of the platform or the services provided, will be resolved exclusively through alternative dispute resolution mechanisms, including mediation and arbitration, as detailed below.

Firstly, both parties agree to make every effort to resolve any dispute informally. This includes direct communication between the parties involved to identify and address concerns or disagreements quickly and efficiently. Users can contact ScorePal through the designated support channels to raise any dispute. The company undertakes to respond within a reasonable period of time, providing an opportunity to resolve the problem without resorting to formal proceedings.

If the parties fail to resolve the dispute informally within thirty (30) days of the initial notification of the dispute, the dispute shall be submitted to mediation. Mediation shall take place before a neutral mediator selected by mutual agreement of the parties. If the parties fail to agree on a mediator within an additional fifteen (15) days, a mediator will be appointed through a recognized mediation agency. The costs of the mediation will be shared equally between the parties, and the mediation will be conducted in English and at a mutually agreed location or, if both parties agree, through a virtual platform.

If the mediation does not result in a resolution satisfactory to both parties, the dispute shall be resolved by binding arbitration in accordance with the rules of the applicable commercial arbitration or similar internationally recognized body. The place of arbitration shall be (Insert city). The language of the arbitration shall be English.

The arbitrator shall have exclusive authority to resolve the dispute, including determining the applicability and validity of these dispute resolution terms. The arbitrator's decision shall be final and binding on both parties and may be entered as a judgment in any court of competent jurisdiction. Unless prohibited by applicable law, the parties agree to waive any right to take the dispute to court or to participate in a class action.

This dispute resolution clause does not prevent ScorePal from seeking injunctive or equitable relief in the event of infringement of intellectual property rights, misuse of the platform or any act that may cause irreparable damage, in which case it may go directly to a court of competent jurisdiction without exhausting alternative dispute resolution mechanisms.

By accepting these terms, users expressly waive any right to a jury trial and agree that all disputes will be resolved in accordance with the procedures set forth in this clause, with the aim of minimizing the costs and time associated with formal litigation. The parties shall bear their own costs associated with mediation and arbitration, unless otherwise agreed or specifically provided for by the arbitrator.

21. APPLICABLE LAW AND JURISDICTION

These terms and conditions shall be governed by and construed in accordance with the laws of the United States. Any dispute relating to these terms shall be subject to the exclusive jurisdiction of the courts of the United States. This applies unless binding arbitration is agreed in the relevant section.  

22. FINAL PROVISIONS

Your use of our platform and purchase of our products is conditioned upon your acceptance of and compliance with all of the terms and conditions set forth. This authorization to use our services does not extend to jurisdictions where these provisions are not respected or applied.

Our commitment to compliance with these terms is strictly governed by applicable laws and legal process. Importantly, these terms do not restrict our ability to comply with legal or governmental requirements, including but not limited to those relating to law enforcement and the use of our platform. Information provided or collected in connection with your use of the platform and purchase of our products will be subject to these requirements.

In the event that any provision of these terms and conditions shall be declared invalid, illegal or unenforceable by any court or competent authority, such decision shall not affect the validity or enforceability of the remaining provisions. The failure or delay in enforcing any of these terms and conditions by us at any time shall not constitute a waiver of our rights to enforce such provision, or any other provision, in the future.

We reserve all rights not expressly granted herein, while at all times maintaining the protection of and respect for our intellectual property rights and prerogatives.

23. CONTACT INFORMATION

If you have questions or concerns about these terms or the products, please contact us through our contact information below:

Digital Scores LLC - ScorePal.

Email: support@scorepal.co