Terms of Service

1. Acceptance of Terms

By accessing or using Top Spin Hero (the "Service"), operated by Asan Digital LLC ("Top Spin Hero," "we," "us," or "our"), you agree to be bound by these Terms of Service ("Terms") and our Privacy Policy. If you do not agree, you may not access or use the Service.

2. Eligibility

You must be at least 18 years old, or the age of legal majority in your jurisdiction, to create an account and use the Service. By using the Service, you represent and warrant that you meet this requirement and that the information you provide is accurate and complete.

3. What Top Spin Hero Is (and Is Not)

Top Spin Hero is a communication and coordination platform that helps organizers manage groups of players, schedule matches, collect RSVPs, and communicate via SMS text messaging.

Top Spin Hero is not a party to any tennis match, event, or arrangement made through the Service. We do not:

• Organize, host, supervise, coach, officiate, or referee any match or event;
• Own, operate, inspect, or control any court, club, venue, or facility;
• Employ, vet, endorse, or supervise any organizer or player;
• Provide medical, safety, insurance, or emergency services of any kind.

Organizers and players are solely responsible for the matches they arrange, the venues they use, their own conduct, and their interactions with one another. We provide the tools; you are responsible for how you use them.

4. User Accounts

4.1 Account Creation

To use the Service, you create an account by providing your phone number and verifying it via an SMS code. You agree to provide accurate information, keep your credentials secure, and accept responsibility for all activity under your account.

4.2 Account Types

• Organizers: Users who create and manage tennis groups. Organizers use the Service for free.
• Players: Users who join tennis groups. Players may pay a monthly subscription fee of $2.99 USD.

5. SMS / Text Messaging Terms & Consent

5.1 Types of Messages

• Verification Codes: One-time codes to verify your phone number during login;
• Match Invitations: Notifications about upcoming matches in your groups;
• RSVP Confirmations: Confirmations when you accept or decline;
• Reminders: Reminders before matches you've accepted (typically 24h and 2h before);
• Schedule Changes: Updates about time, location, or cancellations;
• Score Reports: Match results and statistics.

5.2 Message and Data Rates

Message and data rates may apply. Consult your wireless carrier's plan for details. Top Spin Hero is not responsible for any charges imposed by your carrier. Carriers are not liable for delayed or undelivered messages. Supported on all major US carriers (AT&T, Verizon, T-Mobile, US Cellular, and others).

5.3 How to Opt Out (STOP) and Get Help (HELP)

You can stop messages at any time by:

• Reply STOP to any message to unsubscribe from all messages immediately;
• Online: visit your Message Preferences page;
• Contact us: email support@topspinhero.com or call (267) 639-8522.

After you opt out we will send one final confirmation message. For help, text HELP to any message. Note that opting out may limit your ability to participate in matches, since you will no longer receive invitations or reminders.

6. Payment Terms

6.1 Subscriptions

Players may be charged $2.99 USD per month to participate in tennis groups. Subscriptions are billed monthly through our payment processor (Stripe) and renew automatically until canceled. You can cancel at any time.

6.2 Refunds

Except where required by law, subscription fees are non-refundable. If you cancel, you retain access until the end of your current billing period.

7. Assumption of Risk & Release of Liability

To the fullest extent permitted by law, you release, waive, and discharge Top Spin Hero, Asan Digital LLC, and their owners, members, officers, employees, and agents (the "Released Parties") from any and all claims, liabilities, demands, or causes of action arising out of or relating to:

• Any injury, illness, death, or property damage sustained during or in connection with any match, event, or activity coordinated through the Service;
• The condition, safety, or suitability of any court, venue, or facility;
• The acts, omissions, or conduct of any organizer, player, or other third party;
• Any dispute between you and any other user.

This release applies regardless of whether such claims arise from the ordinary negligence of a Released Party, to the maximum extent the law allows. You are responsible for determining your own physical fitness to participate and for obtaining any insurance you deem appropriate.

8. User Interactions & No Screening

We do not conduct background checks or otherwise screen or verify users, including organizers and players. We do not confirm any user's identity, skill level, or the information they provide. You are solely responsible for your interactions with other users and should exercise caution and good judgment. Top Spin Hero is not responsible for the conduct — online or offline — of any user, and disclaims all liability arising from user interactions or disputes.

9. Third-Party Venues & Services

Courts, clubs, and facilities are operated by independent third parties subject to their own rules, fees, and conditions. The Service also relies on third-party providers (including Twilio for messaging, Stripe for payments, and Amazon Web Services for hosting). We are not responsible for the acts, omissions, availability, or policies of any third party, and your use of their services may be governed by their own terms.

10. User Conduct

You agree not to:

• Use the Service for any unlawful purpose or in violation of these Terms;
• Harass, threaten, defame, or harm other users;
• Send spam, or use the Service to send messages to people who have not consented;
• Attempt to gain unauthorized access to the Service or other users' accounts;
• Interfere with, disrupt, or reverse-engineer the Service.

11. Intellectual Property

The Service and its original content, features, and functionality are owned by Asan Digital LLC and are protected by copyright, trademark, and other laws. You retain ownership of the content you submit but grant us a non-exclusive license to use it as needed to operate and improve the Service.

12. Disclaimer of Warranties

The Service is provided "as is" and "as available" without warranties of any kind, whether express, implied, or statutory, including any implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. We do not warrant that the Service will be uninterrupted, timely, secure, error-free, or that messages will always be delivered.

13. Limitation of Liability

To the maximum extent permitted by law, the Released Parties shall not be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for any loss of profits, data, goodwill, or personal injury, arising out of or relating to your use of (or inability to use) the Service — even if advised of the possibility of such damages.

In no event will the Released Parties' total aggregate liability for all claims relating to the Service exceed the greater of (a) the total amount you paid us in the twelve (12) months before the event giving rise to the claim, or (b) one hundred U.S. dollars ($100). Some jurisdictions do not allow certain limitations, so some of the above may not apply to you; in that case our liability is limited to the greatest extent permitted by law.

14. Indemnification

You agree to indemnify, defend, and hold harmless the Released Parties from and against any claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or related to: (a) your use of the Service; (b) your participation in or organization of any match, event, or activity; (c) your interactions with other users; (d) your violation of these Terms or any law; or (e) your violation of the rights of any third party.

15. Dispute Resolution & Binding Arbitration

Please read this section carefully — it affects your legal rights. You and Top Spin Hero agree that any dispute, claim, or controversy arising out of or relating to these Terms or the Service will be resolved by binding individual arbitration, rather than in court, except that either party may bring an individual claim in small-claims court. Arbitration will be administered by a recognized arbitration provider under its consumer rules, and will take place in Pennsylvania or your county of residence.

Class action waiver: You and Top Spin Hero agree that claims may be brought only in an individual capacity, and not as a plaintiff or class member in any purported class, collective, or representative proceeding. If this class-action waiver is found unenforceable, the remainder of this arbitration section will be null and void.

You may opt out of this arbitration agreement within 30 days of first accepting these Terms by emailing legal@topspinhero.com with your name and phone number and the statement that you opt out of arbitration.

16. Termination

We may suspend or terminate your account at any time, with or without notice, for conduct we believe violates these Terms or is harmful to other users, us, or third parties. You may stop using the Service at any time. Sections that by their nature should survive termination (including Sections 7–15) will survive.

17. Changes to These Terms

We may modify these Terms at any time. We will post the updated Terms here and revise the "Last updated" date. Material changes may also be communicated in-app or by message. Your continued use of the Service after changes take effect constitutes acceptance of the revised Terms.

18. Governing Law

These Terms are governed by the laws of the Commonwealth of Pennsylvania, United States, without regard to its conflict-of-law provisions, except that the Federal Arbitration Act governs Section 15.

19. Contact Us

Questions about these Terms? Contact us:

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