TERMS OF SERVICE

1. Who may use Rally

You must be at least 18 years old (or the age of legal majority where you live) and able to form a binding contract. If you are under 18, you may not use the Service. You are responsible for ensuring your participation in any game is lawful where you are.

2. What Rally is — and is not

Rally is a neutral technology platform that helps people find, organize, and pay for informal pickup sports games. Rally connects two kinds of users: "hosts," who create games, and "players," who join them.

Rally is not the organizer, operator, promoter, coach, referee, or supervisor of any game. Rally does not own, operate, lease, inspect, or control any venue, field, court, or facility. Rally does not employ hosts and does not direct how any game is run. Hosts are independent individuals or businesses, not agents or employees of Rally. Any game you host or join is arranged directly between hosts and players; Rally merely provides the software and payment tools that make the arrangement easier.

Rally does not vet, screen, background-check, or verify the identity, skill, fitness, conduct, or trustworthiness of any host or player, and does not inspect or vouch for the safety, condition, or legality of any venue. You are solely responsible for evaluating whether to host or join any game and whether any venue and the other participants are appropriate and safe for you.

3. Your account

You must provide accurate information and keep it current. You are responsible for all activity under your account and for keeping your login credentials secure. Notify us promptly of any unauthorized use. You may hold only one account and may not impersonate anyone or misrepresent your affiliation.

4. Hosting and joining games

Hosts set each game's details (sport, format, location, time, capacity, and price) and are responsible for the accuracy of those details, for any venue permissions or bookings required, for compliance with applicable laws and venue rules, and for the conduct of their game. Hosts represent that they have the right to use any venue they list.

Players are responsible for arriving prepared and fit to participate, for their own conduct, and for following venue rules and the host's reasonable instructions.

All participants agree to behave lawfully and respectfully and not to engage in violent, harassing, discriminatory, or dangerous behavior. We may remove content, suspend games, or terminate accounts that violate these Terms.

5. Payments, fees, and payouts

Paid games are processed by our third-party payment provider, Stripe. By making or receiving payments through the Service you also agree to Stripe's applicable terms. You authorize Rally and Stripe to charge your selected payment method for amounts you incur.

Platform fee. Rally charges a service fee on paid games (currently the greater of a fixed minimum or a percentage of the game price, as shown at the time of the transaction). The fee is disclosed before you pay and, except as stated in the Refund & Cancellation Policy, is non-refundable.

Host payouts. Hosts who receive payments must complete onboarding with Stripe (including identity and payout details) through Stripe Connect. Rally holds game payments and releases the host's share to the host's connected account after the game, less the platform fee and any refunds, credits, or reversals. You are responsible for any taxes on amounts you earn.

Rally credit. Some refunds and promotions are issued as "Rally credit," a store credit usable only within the Service to pay for games. Rally credit is not currency, is non-transferable, has no cash value except where required by law, and cannot be withdrawn. Details are in the Refund & Cancellation Policy.

6. Cancellations, leaving, and refunds

Cancellations, leaving games, waitlists, and refunds are governed by our Refund & Cancellation Policy, which is incorporated into these Terms. Please read it — it explains when you receive a refund, when a spot is forfeited, and how Rally credit works.

7. Assumption of risk and release

Physical sports involve inherent and serious risks, including the risk of injury, disability, or death. Your participation is voluntary and at your own risk. As a condition of using the Service, you agree to the Assumption of Risk & Liability Waiver, which is incorporated into these Terms and which releases Rally from liability for injuries and losses arising out of games and use of the Service to the fullest extent permitted by law.

8. Acceptable use

You agree not to: use the Service for any unlawful purpose; organize games that are illegal or that you are not permitted to hold; harass, threaten, or harm others; post false, infringing, or objectionable content; circumvent fees or payment protections; scrape, reverse-engineer, or disrupt the Service; or use the Service to arrange anything other than bona fide recreational games.

9. Your content

You retain ownership of content you submit (such as game descriptions and profile information) and grant Rally a non-exclusive, worldwide, royalty-free license to host, display, and use it to operate and promote the Service. You are responsible for your content and represent that you have the rights to share it.

10. Disclaimers

The Service is provided "as is" and "as available," without warranties of any kind, express or implied, including merchantability, fitness for a particular purpose, and non-infringement. Rally does not warrant that games will occur, that hosts or players will attend or behave appropriately, that venues will be safe or available, or that the Service will be uninterrupted or error-free. Rally is not responsible for the acts or omissions of hosts, players, venues, or any third party.

11. Limitation of liability

To the fullest extent permitted by law, Rally and its owners, members, officers, employees, and agents will not be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for any personal injury, death, property damage, lost profits, or lost data, arising out of or relating to the Service, any game, any venue, or the conduct of any host, player, or third party, whether based in contract, tort, strict liability, or otherwise, even if advised of the possibility of such damages.

To the fullest extent permitted by law, Rally's total aggregate liability for any claim arising out of or relating to the Service or these Terms will not exceed the greater of (a) the total platform fees you paid to Rally in the three (3) months before the event giving rise to the claim, or (b) one hundred U.S. dollars ($100).

Some jurisdictions do not allow certain limitations; in those places, the limitations apply to the maximum extent permitted.

12. Indemnification

You agree to indemnify and hold harmless Rally and its owners, members, officers, employees, and agents from any claims, damages, losses, liabilities, and expenses (including reasonable attorneys' fees) arising out of your use of the Service, your games, your conduct, your content, or your violation of these Terms or of any law or third-party right.

13. Dispute resolution — binding arbitration and class-action waiver

Please read this section carefully. It affects your legal rights and requires most disputes to be resolved by individual arbitration rather than in court.

Any dispute, claim, or controversy arising out of or relating to these Terms or the Service ("Dispute") will be resolved by final and binding individual arbitration administered by a recognized arbitration provider under its consumer arbitration rules, rather than in court, except that either party may bring an individual claim in small-claims court if it qualifies. The arbitration will be seated in Pennsylvania, or conducted remotely, and governed by the Federal Arbitration Act.

Class-action waiver. You and Rally agree that each may bring claims against the other only in an individual capacity, and not as a plaintiff or class member in any purported class, collective, consolidated, or representative proceeding. The arbitrator may not consolidate more than one person's claims and may not preside over any class or representative proceeding.

Opt-out. You may opt out of this arbitration agreement by sending written notice to support@rallypickup.com within 30 days of first accepting these Terms; if you opt out, the rest of these Terms still apply. If the class-action waiver is found unenforceable as to a particular claim, that claim (and only that claim) will proceed in court.

14. Governing law

These Terms and any Dispute are governed by the laws of the Commonwealth of Pennsylvania, without regard to its conflict-of-laws rules. Subject to the arbitration section above, the state and federal courts located in Pennsylvania will have exclusive jurisdiction over any matter not subject to arbitration.

15. Termination

You may stop using the Service at any time. We may suspend or terminate your access at any time, with or without notice, if you violate these Terms or to protect the Service or other users. Provisions that by their nature should survive termination (including payments owed, disclaimers, limitation of liability, indemnification, waiver, and dispute resolution) will survive.

16. Changes to these Terms

We may update these Terms from time to time. When we make material changes, we will update the version and effective date and, where appropriate, ask you to re-accept within the app. Your continued use after changes take effect means you accept the updated Terms.

17. Severability

If any provision of these Terms is held invalid, illegal, or unenforceable, that provision will be modified to the minimum extent necessary to make it enforceable, or, if it cannot be modified, severed from these Terms. The remaining provisions will remain in full force and effect.

18. Entire agreement

These Terms, together with the Assumption of Risk & Liability Waiver, the Refund & Cancellation Policy, and the Privacy Policy, are the entire agreement between you and Rally regarding the Service, and supersede any prior agreements or understandings on that subject.

19. Assignment

You may not assign or transfer these Terms or any rights under them without our prior written consent. We may assign these Terms, in whole or in part, to any successor or affiliate, including in connection with a merger, acquisition, reorganization, or sale of assets. These Terms bind and benefit the parties and their permitted successors and assigns.

20. No waiver

Our failure to enforce any provision of these Terms is not a waiver of that provision or of our right to enforce it later. Any waiver must be in writing to be effective.

21. Force majeure

Rally is not liable for any delay or failure to perform caused by events beyond its reasonable control, including acts of God, natural disasters, severe weather, epidemics or pandemics, labor disputes, and utility, network, or governmental action.

22. Contact

Questions about these Terms? Contact Rally Technologies LLC at support@rallypickup.com (mailing address: 330 W College Ave, State College, PA 16801).