These Terms of Use ("Terms") are an agreement between you and Elite Pickleball Coaching, LLC ("Elite Pickleball Coaching," "EPC," "we," "us"). They govern your use of our mobile apps, web apps and website elitepickleballcoaching.com (together, the "Services"). By creating an account or using the Services, you agree to these Terms and to our Privacy Policy. If you do not agree, do not use the Services.
1. Who can use the Services
- You must be at least 13 years old.
- If you are 13 to 17 (or under the age of majority where you live), you may use the Services only with your parent or guardian's permission, and your parent or guardian must sign our participation waiver and agree to these Terms on your behalf. Parents and guardians are responsible for the minor's use of the Services and for purchases made on the minor's account.
- Player Connect is available only to users 18 and older.
- You must give accurate information and keep it up to date.
2. Your account
You are responsible for your account and for keeping your password secure. Tell us right away at support@elitepickleballcoaching.com if you think someone has accessed your account without permission. Accounts are personal: do not share your account or let others use your purchases. We may limit the number of devices signed in at the same time.
3. Products, purchases and subscriptions
- Products. EPC offers the Video Library, Training Plans, EPC Academy, Pro Video Review and Signature Remote Coaching, plus free content and the free Player Connect service. Product descriptions, prices and what is included are shown in the Services at the time of purchase.
- Subscriptions (such as the Video Library and Signature Remote Coaching) renew automatically at the end of each billing period until you cancel. You can cancel at any time; cancellation takes effect at the end of the current period, and you keep access until then.
- One-time purchases (such as Training Plans, EPC Academy and Pro Video Review) are charged once. Training Plans remain available for as long as EPC offers the Services and your account is open. EPC Academy and Pro Video Review are delivered on the schedule described when you buy them.
- Where you buy determines how you are billed. Purchases made in the iOS app are billed by Apple, purchases made in the Android app are billed by Google, and purchases made on the web are billed by Stripe on our behalf. Manage or cancel a subscription with the provider that bills it (your Apple Account settings, Google Play, or your EPC account settings for web purchases).
- Refunds. Purchases billed by Apple or Google are subject to their refund policies. For web purchases, contact us within 14 days; we will review refund requests in good faith. Services that have already been delivered (for example, a completed video review or a coaching call that took place) are generally not refundable, except where the law requires.
- EU and UK consumers have a 14-day right to withdraw from purchases of digital content and services. By asking us to start providing digital content or a service immediately, you agree that you lose this right once delivery has begun or the service has been fully provided.
- Price changes. We may change prices. Changes to subscription prices take effect at your next renewal after we notify you, and you may cancel before then.
- Coaching schedules. Live streams, calls and coach assignments depend on coach availability. If a scheduled session cannot take place, we will reschedule it or provide a recording or an equivalent session.
4. Health, safety and assumption of risk
Pickleball and the drills in the Services are physical activities that carry a risk of injury, including serious injury. The Services provide sports training content, not medical advice. Consult a physician before beginning any training program, warm up properly, train within your abilities, use suitable equipment and courts, and stop if you feel pain, dizziness or discomfort. You participate voluntarily and assume all risks of injury from drills, workouts and play, to the fullest extent permitted by law. Results depend on your effort and circumstances, and we do not guarantee any particular improvement, rating or result.
5. Player Connect and meeting other players
Player Connect helps adult players find others to drill and play with. EPC does not screen or conduct background checks on users and is not responsible for the conduct of any user, online or in person. Meet in public places such as public courts, tell someone where you are going, and use the block and report tools if anyone makes you uncomfortable. Your interactions with other users are solely between you and them.
6. Your content
- "Your Content" means the videos, photos, messages and other material you upload or send through the Services.
- You keep ownership of Your Content. You give EPC a worldwide, non-exclusive, royalty-free license to host, store, copy, process, display and share Your Content to provide the Services to you — for example, so coaches can review it, so it can be shown during your EPC Academy class, and so you can rewatch it.
- We will not use your videos in marketing or advertising without your separate permission.
- You confirm that you have the rights to Your Content, and that anyone else who appears in it has agreed to be filmed and shared for coaching.
- We may remove content that violates these Terms.
7. Rules of conduct
You agree not to:
- harass, threaten, bully or discriminate against anyone, or post content that is unlawful, sexually explicit, hateful or violent;
- contact minors through the Services for any purpose other than EPC coaching by assigned coaches;
- record, copy, download, share or resell EPC videos, workouts, live streams or coaching materials, except as the Services allow for your personal use;
- share your account or purchased content with others;
- impersonate anyone or misrepresent your affiliation;
- send spam or unsolicited advertising;
- interfere with, reverse engineer, scrape or try to gain unauthorized access to the Services;
- use the Services in violation of any law.
8. Our content and intellectual property
The Services, including all videos, workouts, training plans, text, graphics, logos and software, are owned by EPC or our licensors (including our coaches) and are protected by intellectual property laws. We give you a personal, non-transferable, revocable license to use the Services and the content you have access to for your own non-commercial training. "Elite Pickleball Coaching," "EPC" and our logos are our trademarks.
9. Coaches and tours
Our coaches are professional players who coach through EPC. References to the APP and PPA tours describe our coaches' playing experience. Elite Pickleball Coaching is not affiliated with or endorsed by the Association of Pickleball Players (APP) or the Professional Pickleball Association (PPA). Coach availability may change, and we may assign a different coach when needed.
10. Third-party services
The Services work with services we do not control, such as Apple, Google, Stripe and video and communication providers. Their terms apply to your use of them, and we are not responsible for them.
11. Ending your use
You may stop using the Services and delete your account at any time. We may suspend or end your access if you violate these Terms, create risk for other users or EPC, or if we stop offering the Services. If we end the Services for reasons other than your violation, we will refund unused prepaid amounts for subscriptions and undelivered services, where the law requires and as the billing provider allows. Sections that by their nature should survive (such as content licenses for already-delivered coaching, disclaimers, limits of liability and governing law) survive termination.
12. Disclaimers
THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE." TO THE FULLEST EXTENT PERMITTED BY LAW, EPC DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. We do not promise that the Services will be uninterrupted, error-free or always available.
13. Limitation of liability
TO THE FULLEST EXTENT PERMITTED BY LAW, EPC AND ITS OWNERS, COACHES, EMPLOYEES AND CONTRACTORS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR FOR PERSONAL INJURY ARISING FROM YOUR PARTICIPATION IN PHYSICAL ACTIVITY, AND OUR TOTAL LIABILITY FOR ANY CLAIM RELATING TO THE SERVICES WILL NOT EXCEED THE GREATER OF THE AMOUNT YOU PAID US IN THE 12 MONTHS BEFORE THE CLAIM OR US$100. Some jurisdictions do not allow certain limitations, so some of these may not apply to you. Nothing in these Terms limits liability that cannot be limited by law.
14. Indemnity
You agree to defend and indemnify EPC against claims, losses and expenses (including reasonable attorneys' fees) arising from Your Content, your violation of these Terms or the law, or your interactions with other users.
15. Governing law and disputes
These Terms are governed by the laws of the State of New Jersey, USA, without regard to conflict-of-law rules. Disputes will be resolved in the state or federal courts located in New Jersey, and you and EPC consent to their jurisdiction. Before filing a claim, please contact us so we can try to resolve it informally. If you are a consumer in the EU or UK, you also benefit from the mandatory protections of the law of your country and may bring claims in your local courts.
16. App store terms
If you downloaded the app from the Apple App Store, you acknowledge that these Terms are between you and EPC, not Apple; Apple has no obligation to provide maintenance or support for the app; Apple is not responsible for any claims relating to the app; and Apple and its subsidiaries are third-party beneficiaries of these Terms and may enforce them against you. Google Play's terms also apply to apps downloaded from Google Play.
17. Changes to these Terms
We may update these Terms. We will post the new version with a new effective date and, for significant changes, notify you in the app or by email. Continuing to use the Services after changes take effect means you accept them.
18. Contact us
Elite Pickleball Coaching, LLC
300 Perrine Road, Suite 311, Old Bridge, NJ 08857, USA
support@elitepickleballcoaching.com