Terms of Service

1. Agreement to these Terms

These Terms of Service (the “Terms”) form a binding agreement between you and Hunter Thomas LLC, an Oregon limited liability company doing business as DinkBrain (“Hunter Thomas LLC,” “DinkBrain,” “we,” or “us”), governing your access to and use of the DinkBrain website, application, APIs, and related services (collectively, the “Service”).

By creating an account, clicking “I agree,” or otherwise using the Service, you confirm that you have read and accept these Terms and our Privacy Policy. If you are using the Service on behalf of a facility or other organization, you represent that you have authority to bind that organization, and “you” refers to both you individually and that organization. If you do not agree, do not use the Service.

You must be at least 18 years old to create an account.

2. The Service

DinkBrain is a software platform that helps pickleball facility operators analyze their facility’s booking data, organize on-court sessions, and surface insights about members, programs, and revenue. DinkBrain is an independent third-party application; it is not affiliated with, endorsed by, or operated by CourtReserve.

We may add, change, or remove features at any time. We will give reasonable notice for material changes that adversely affect paying customers.

3. Accounts and access

To use most of the Service, you must register an account. You agree to provide accurate information, keep it up to date, and keep your credentials secure. You are responsible for everything that happens under your account.

A facility account may include multiple users with different roles (for example, owner, operator, organizer). The account owner is responsible for managing permissions and removing access promptly when a user leaves the facility.

If you discover unauthorized use of your account, notify us immediately at security@dinkbrain.com.

4. Subscriptions, trials, and billing

4.1 Plans

Subscription plans (currently Volley, Smash, and Slam) are described on our pricing page. We may change plan prices and features; price changes will take effect at the start of your next billing cycle and we will give at least 30 days’ advance notice.

4.2 Free trial

We may offer a free trial. Unless you cancel before the trial ends, your subscription will convert to a paid plan and you will be charged automatically. We may modify or end trial offerings at any time.

4.3 Recurring billing

Subscriptions renew automatically each billing cycle (typically monthly) at the then-current price using the payment method on file, until you cancel. By providing a payment method you authorize us and our payment processor (Stripe) to charge that method for all amounts due.

4.4 Taxes

Fees are exclusive of taxes. You are responsible for any sales, use, value-added, withholding, or similar taxes that apply to your purchase, except for taxes based on our net income.

4.5 Cancellation and refunds

You can cancel your subscription at any time from your billing settings. Cancellation takes effect at the end of the current billing cycle. Except where required by law or expressly stated otherwise, fees are non-refundable and we do not offer prorated refunds for partial periods.

4.6 Suspension for non-payment

If a charge fails, we may attempt to charge again and may suspend access to the Service until the balance is paid. After an extended period of non-payment, we may terminate the account in accordance with Section 15.

5. CourtReserve integration

DinkBrain interoperates with CourtReserve at your direction. You are responsible for ensuring your use of DinkBrain in connection with CourtReserve complies with your agreement with CourtReserve, including the terms and acceptable-use policies that govern your CourtReserve account.

You authorize DinkBrain to access, read, and (where you enable it) write data to CourtReserve on your behalf, using credentials or access tokens you provide. You can revoke that access at any time from your settings; doing so will stop ongoing imports and writes but will not retroactively remove data we have already received.

CourtReserve may modify or restrict its platform without notice. DinkBrain cannot guarantee the continued availability or accuracy of any CourtReserve integration.

6. Customer data and ownership

6.1 Your data, your rights

As between you and DinkBrain, you own the facility data you provide or import into the Service (“Customer Data”), including member records, reservation history, event metadata, operator edits, and configuration. You grant DinkBrain a worldwide, non-exclusive, royalty-free license to host, process, copy, transmit, display, and create derivative works of Customer Data solely as needed to provide, support, secure, and improve the Service for you.

6.2 Aggregate and de-identified data

We may use aggregated or de-identified data derived from Customer Data — data that does not identify any specific facility, person, or member — for purposes including improving the Service, generating benchmarks, and producing industry insights. We will not publish anything that would reasonably allow a third party to identify your facility or your members.

6.3 No training on your data

We do not use Customer Data to train machine-learning models that are made available to other customers or the general public.

6.4 Your responsibilities

You represent that you have all rights and consents necessary to provide Customer Data to DinkBrain and to authorize DinkBrain’s processing of it as described in these Terms and the Privacy Policy, including any consents required from members or players whose data is included.

6.5 Export and deletion

During the term, you can export Customer Data through the Service or by contacting support. On termination, you may request export within 30 days, after which we may delete or de-identify Customer Data as described in the Privacy Policy.

7. Acceptable use

You agree not to, and not to permit others to:

• Use the Service in violation of any law or third-party right;
• Reverse engineer, decompile, or attempt to derive source code of the Service, except where permitted by applicable law;
• Scrape, harvest, or otherwise extract data from the Service except through features we expose;
• Resell, sublicense, or provide the Service as a hosted service to third parties without our written permission;
• Interfere with, disrupt, or attempt to gain unauthorized access to the Service, related systems, or other users’ accounts;
• Upload viruses, malware, or other harmful code, or use the Service to send spam or unlawful communications;
• Use the Service to process personal data in a manner that violates applicable privacy laws or any agreement you have with the data subjects;
• Misrepresent your identity or affiliation, or use the Service to harass, defame, or harm others;
• Probe, scan, or test the vulnerability of the Service without prior written authorization (see our security contact above).

We may suspend or terminate access for violations of this section, and we may report illegal activity to the appropriate authorities.

8. Feedback

If you send us feedback, suggestions, or ideas about the Service (including through in-product feedback tickets), you grant DinkBrain a perpetual, irrevocable, worldwide, royalty-free license to use, modify, and incorporate that feedback into the Service without obligation to you.

9. Intellectual property

The Service, including its software, design, content, trademarks, and the name “DinkBrain” and the Dink mascot, is owned by DinkBrain and protected by intellectual property laws. Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Service for your facility’s internal business purposes. No rights are granted by implication.

“CourtReserve” and other third-party marks referenced in the Service belong to their respective owners.

10. Third-party services

The Service may link to or integrate with third-party services (including CourtReserve, Stripe, Clerk, Supabase, Sentry, and others). Those services are operated by their own providers, are subject to their own terms and privacy policies, and are not under our control. We are not responsible for third-party services, and using them is at your own risk.

11. Confidentiality

Each party may receive information from the other that is confidential or proprietary (“Confidential Information”). Each party agrees to (a) use Confidential Information only to perform under these Terms and (b) protect it with at least the same degree of care it uses for its own confidential information, and in no event less than reasonable care. Confidential Information does not include information that is or becomes public through no fault of the receiving party, was already known to the receiving party, or is independently developed.

12. Disclaimers

The Service is provided “as is” and “as available.” To the maximum extent permitted by law, DinkBrain disclaims all warranties, express or implied, including warranties of merchantability, fitness for a particular purpose, title, non-infringement, accuracy, and uninterrupted operation.

Analytics, forecasts, recommendations, and other outputs are decision-support tools, not professional advice. You are responsible for any business decisions you make based on the Service. We do not guarantee that the Service will be error-free, complete, secure against every threat, or that its results will be accurate or reliable in every case.

13. Limitation of liability

To the maximum extent permitted by law:

• Indirect damages. Neither party will be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for lost profits, lost revenue, lost data, or business interruption, even if advised of the possibility of such damages.
• Cap. Each party’s total cumulative liability arising out of or relating to these Terms or the Service will not exceed the greater of (a) the amounts you paid to DinkBrain in the twelve months immediately preceding the event giving rise to the claim, or (b) one hundred U.S. dollars.

These limitations apply regardless of the theory of liability (contract, tort, negligence, strict liability, or otherwise) and even if a remedy fails of its essential purpose. Some jurisdictions do not allow some of these limitations; in those jurisdictions, our liability is limited to the maximum extent permitted.

14. Indemnification

You agree to defend, indemnify, and hold harmless DinkBrain and its officers, directors, employees, and agents from and against any claims, damages, costs, liabilities, and expenses (including reasonable attorneys’ fees) arising out of or related to: (a) your use of the Service in violation of these Terms; (b) your Customer Data, including any claim that it infringes a third party’s rights or violates applicable law; (c) your violation of any third-party agreement, including your CourtReserve agreement; or (d) your violation of any law or regulation.

15. Term and termination

These Terms apply from the date you first accept them and continue until your account is terminated.

• By you. You may cancel your subscription at any time. See Section 4.5.
• By us. We may suspend or terminate your account if you materially breach these Terms, fail to pay, or use the Service in a way that creates a risk for us or other users. Where practical and not prohibited by law, we will provide notice and an opportunity to cure.
• Effect. On termination, your right to use the Service ends. Sections that by their nature should survive termination — including Sections 6 (Customer data), 8 (Feedback), 9 (IP), 11 (Confidentiality), 12 (Disclaimers), 13 (Liability), 14 (Indemnification), 17 (Governing law and disputes), and 18 (General) — will survive.

16. Modifications

We may update these Terms from time to time. If we make material changes, we will update the “Last updated” date above and provide notice through the Service or by email at least 14 days before the changes take effect (sooner if required for legal or security reasons). Continued use of the Service after the effective date constitutes acceptance of the updated Terms. If you do not agree, stop using the Service before the effective date.

17. Governing law and disputes

These Terms are governed by the laws of the State of Oregon, United States, without regard to its conflict-of-laws rules. The United Nations Convention on Contracts for the International Sale of Goods does not apply.

Any dispute arising out of or relating to these Terms or the Service that cannot be resolved informally will be resolved by binding arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules. Arbitration will take place in Multnomah County, Oregon (or another mutually agreed location), and judgment on the award may be entered in any court of competent jurisdiction. Each party waives any right to a jury trial and to participate in a class action.

Notwithstanding the above, either party may seek injunctive or equitable relief in a court of competent jurisdiction to protect its intellectual property or confidential information. Where applicable law prohibits mandatory arbitration, this section will not apply to you, and you may bring claims in the courts of your jurisdiction.

18. General provisions

• Entire agreement. These Terms, together with the Privacy Policy and any order forms, are the entire agreement between you and DinkBrain regarding the Service and supersede any prior agreements on that subject.
• Assignment. You may not assign these Terms without our prior written consent. We may assign these Terms in connection with a merger, acquisition, or sale of assets.
• Severability. If any provision is held unenforceable, the rest will remain in effect, and the unenforceable provision will be modified to the minimum extent needed to be enforceable.
• No waiver. A party’s failure to enforce a provision is not a waiver of its right to do so later.
• Independent contractors. The parties are independent contractors. No agency, partnership, joint venture, or employment relationship is created by these Terms.
• Force majeure. Neither party is liable for delays or failures caused by events beyond its reasonable control, such as natural disasters, acts of war, outages of upstream providers, or government actions.
• Notices. We may give notice through the Service or by emailing the address associated with your account. You can reach us at the addresses in Section 19.
• Export and sanctions. You represent that you are not located in a country subject to U.S. embargoes and are not on any U.S. government list of restricted parties.

19. Contact

Questions about these Terms?

• General: hello@dinkbrain.com
• Billing: billing@dinkbrain.com
• Legal notices: legal@dinkbrain.com
• Security: security@dinkbrain.com

See also our Privacy Policy.