Terms & Conditions

About these Terms

These Terms and Conditions (the “Terms”) form a binding agreement between you and DinkSmart, Inc., a Delaware corporation with its principal place of business in California (“DinkSmart,” “we,” “us,” or “our”), regarding your use of the PIKL Passport service (the “Service”). By creating an account, adding a PIKL Passport to your digital wallet, or otherwise using the Service, you agree to these Terms. If you do not agree, please do not use the Service.

These Terms explain your membership, Club Partner bookings and Benefits, payment and cancellation arrangements, and communication choices. Agreeing to these Terms does not by itself authorize subscription charges or enroll you in SMS messaging. Paid subscriptions require a separate purchase and express agreement to the renewal terms; SMS choices are separate and optional.

2 Definitions

“Service” means the PIKL Passport program operated by DinkSmart, including the digital wallet pass, the website at piklpassport.com, the points system, membership subscriptions, booking-request features, and associated communications.

“Passport” means the digital pass issued to you that lives in Apple Wallet, Google Wallet, or another supported wallet platform.

“Club Partner” means a participating pickleball club, facility, or venue that has joined the PIKL Passport network.

“Benefits” means the offers, discounts, upgrades, or other incentives that Club Partners make available to Passport holders.

“Founding Member” means a user who joined PIKL Passport during the founding launch window as defined in Section 5.

“Points” means the digital points credited to your Passport account in connection with eligible activity.

“You” or “Your” means the individual using the Service.

3 Eligibility and Account

You must be at least 18 years old and a resident of the United States to use the Service. By using the Service, you represent and warrant that you meet these requirements.

The Service is initially available to users in Southern California. Users outside this region may register and hold a Passport, but Benefits and Club Partners may be limited or unavailable in your area until network coverage expands.

To access most features of the Service, including the redemption of Benefits, you must create an account at piklpassport.com. You agree to provide accurate, current, and complete information at registration and to keep that information up to date. You are responsible for maintaining the confidentiality of your account credentials and for all activity that occurs under your account, and you agree to notify us promptly of any unauthorized use.

4 The PIKL Passport Service

The Service provides a digital Passport; access to participating Club Partners and their Benefits; a points-tracking system; booking requests and related confirmations where available; membership subscriptions; and communications about your account and the Service.

Membership fees pay for access to PIKL Passport membership Benefits. They do not pay for court reservations, lessons, clinics, open play, or other activities at clubs. You pay the Club Partner directly for these activities at the applicable price, including any eligible Passport discount.

Features and participating clubs may change as the Service develops. We do not guarantee that a specific Club Partner, Benefit, or feature will always be available. Changes remain subject to our obligations to paid members and applicable law.

5 Founding Member Status

Users who register and add a Passport to their wallet during the Founding Member window are designated “Founding Members.” The Founding Member window opens on the public launch date of the Service and closes when DinkSmart determines, in its sole discretion, that the Founding Member program has reached its planned size. DinkSmart may extend or close the window at any time.

Founding Member status is:

Permanent. Once granted, your Founding Member status remains with your account for as long as your account is active and in good standing.

Non-transferable. Founding Member status is tied to your account and cannot be sold, gifted, or transferred to another person.

Subject to ongoing program design. The specific recognition, perks, or treatment associated with Founding Member status may evolve as the Service grows, but the status itself cannot be revoked except for breach of these Terms.

Founding Member status is separate from free-trial access or a paid membership. The original free-at-launch arrangement does not provide lifetime free membership or fixed preferential pricing. Founding Members retain their status subject to this section, while continued access to membership Benefits is governed by the transition and subscription arrangements in Section 9.

6 Points

6.1 What Points are

Points are a non-monetary digital credit awarded to you for eligible activity within the Service, such as visiting a Club Partner with your Passport. Points exist solely as an internal record within the Service.

6.2 No cash value

Points have no cash value, are not currency, are not redeemable for cash, and cannot be sold, transferred, exchanged, or otherwise monetized outside the Service. Points are not a substitute for any rewards program, gift card, or stored-value product.

6.3 Earning Points

You may earn Points by completing eligible activities as defined by DinkSmart from time to time. We determine in our sole discretion which activities are eligible to earn Points, the number of Points awarded for each activity, and any limits or caps that may apply.

6.4 Redemption

We continue to award Points for eligible activity, but the Points store is not open and redemption of Points for goods, services, or other rewards is not currently available. We intend to make redemption available in a future phase of the Service, including (without commitment to specific items, dates, prices, or quantities) the ability to redeem Points within a planned PIKL Passport shop. Until redemption is enabled, accumulated Points are tracked and visible in your account but cannot be exchanged.

6.5 Reservation of rights

We reserve the right, at any time and in our sole discretion, to:

Set, change, or remove the number of Points awarded for any activity

Change the rate at which Points may be redeemed if and when redemption is enabled

Set or change limits, caps, or expiration dates applicable to Points

Modify, suspend, or discontinue the Points program in whole or in part, with or without notice

If we discontinue the Points program in whole, we will provide reasonable advance notice and (if redemption has been enabled) a reasonable period during which accumulated Points may be redeemed.

6.6 Expiration

Points may expire if your account is inactive for an extended period or if otherwise specified in the Service. Where required by law, we will give notice before expiring Points.

6.7 Fraud and abuse

Points earned through fraud, manipulation, false check-ins, or any activity that violates these Terms may be reversed, withheld, or forfeited at our sole discretion. We may also suspend or terminate accounts engaged in such activity.

7 Club Partners and Benefits

Club Partners provide the activities and Benefits available at their locations. Each Club Partner sets the eligibility requirements, availability, and restrictions for its offers. Review the applicable offer and booking terms before requesting a booking or redeeming a Benefit.

DinkSmart operates the Passport program and facilitates booking requests where available. Clubs remain responsible for providing their activities and honoring the offers and confirmed arrangements applicable to your booking. DinkSmart remains responsible for its own membership billing, booking-handling obligations, and representations, subject to these Terms and applicable law.

We make reasonable efforts to keep listings accurate. Offers may change or end; changes do not automatically override a confirmed booking. If a club declines to honor a Benefit, contact us at info@piklpassport.com so we can help investigate. Questions about payments made directly to a club should also be raised with that club.

Savings shown in an offer or booking communication relate to the price comparison stated for that offer or booking. Estimates may change if the activity, participant count, eligibility, or price changes. Membership does not guarantee a particular amount of savings.

8 Booking and Redemption at Clubs

8.1 Booking requests and confirmation

You may request a booking through PIKL Passport where available or use the Club Partner’s booking system. Submitting a request does not guarantee availability. A request becomes a confirmed booking only when the Club Partner accepts it and confirmation is communicated to you. An acknowledgment that we received your request is not a booking confirmation.

You may need to register with the club’s booking platform, comply with its rules, and present your Passport. Review the date, time, activity, price, discount, and any restrictions in your confirmation, and contact us or the club promptly if anything is incorrect.

8.2 Booking contact information

When you make a booking or booking request, we include your name, email address, phone number, and relevant booking details in correspondence with the relevant Club Partner so they can coordinate, confirm, and manage the booking. Our Privacy Policy explains this sharing. It does not give the club your consent to receive marketing texts.

8.3 Club payments and refunds

You pay the Club Partner directly for your activity, including any price reduction available under the applicable Benefit. PIKL Passport does not collect the club’s activity payment. The club’s disclosed payment and refund rules apply to those payments, subject to applicable law. Our membership refund policy in Section 9 applies to payments to DinkSmart, not payments to clubs.

8.4 Changes and cancellations

Follow the club’s disclosed process and deadlines to change or cancel a booking. Notify the club promptly if you cannot attend. Cancelling your PIKL membership does not automatically cancel a club booking, and cancelling a club booking does not cancel your membership.

8.5 Missed bookings

PIKL Passport does not currently charge its own no-show fee. A Club Partner may have its own cancellation or no-show rules, which must be disclosed as applicable to your booking. Check those rules before confirming.

If PIKL Passport introduces a no-show or late-cancellation fee in the future, we will explain the fee, the circumstances in which it applies, and its effective date before it applies to a booking, and obtain any agreement or payment authorization required by law. No new PIKL no-show fee will be applied retroactively to an earlier booking.

9 Membership Trial Subscription and Payments

9.1 Free trial

New members receive a 30-day free trial starting when they create their account. We do not require payment details to start the trial. The trial does not automatically convert to a paid subscription, and you will not be charged when it ends. To continue redeeming membership Benefits after the trial, you must actively choose and purchase a subscription.

9.2 Existing members

Existing members moving from the previous free membership arrangements should refer to the transition notice sent to them for the end of their free-access period and the steps to subscribe. The new-member trial does not retroactively start on their original registration date. Receiving a transition notice does not authorize a charge: existing members must actively purchase a subscription before paid billing begins. Founding Member status remains governed by Section 5.

9.3 Membership prices

Monthly membership: US$5 per month, billed monthly in advance.

Annual membership: US$50 per year, billed annually in advance.

Any applicable taxes and the total payable will be disclosed before you complete your purchase. Club activity charges are separate and paid directly to the club.

9.4 Automatic renewal of paid memberships

Once you purchase a paid membership and expressly agree to automatic renewal, your subscription renews for successive monthly or annual periods, according to your chosen plan, until you cancel. Your first paid period begins when you purchase the subscription. We charge your selected payment method for each renewal at the applicable price disclosed to you, subject to any properly notified and authorized change.

Before purchase, we will show the price, billing frequency, renewal terms, and cancellation information. We will provide a purchase acknowledgment that you can retain. Accepting these general Terms alone does not authorize recurring charges.

9.5 Stripe and payment details

Stripe processes PIKL Passport membership payments on our behalf. You authorize the subscription payments you expressly agree to at checkout and must provide accurate payment and billing information. We and Stripe exchange information needed to process payments, manage subscriptions, and handle refunds and disputes as described in our Privacy Policy. If a payment fails, we may ask you to update your payment details and suspend paid Benefits while payment remains outstanding, subject to applicable law.

9.6 Cancelling a subscription

You may cancel at any time using the membership-management link in your account, which opens Stripe’s customer portal. You may also request cancellation by emailing info@piklpassport.com. There is no 30-day notice requirement or cancellation fee.

Cancellation stops future renewals. You retain membership access until the end of the month or year you have already paid for, unless you request and receive a refund that ends your access earlier. We will confirm your cancellation and the date your paid access ends. You do not need to close your account to cancel your subscription.

9.7 Refunds

We will correct duplicate or erroneous membership charges promptly. If your membership renews unintentionally, contact info@piklpassport.com within seven days of the renewal charge. We will refund that renewal payment in full if you have not used any membership Benefits since the renewal. When we refund the full renewal payment, access for that refunded period ends and the subscription will not renew again unless you resubscribe.

Cancelling an annual membership normally stops the next renewal and does not result in a proportional refund for unused months. You may continue to use your membership until the paid year ends. Other refunds, including requests relating to an initial purchase or inability to use the Service, are considered individually, and we may offer goodwill refunds. This policy does not limit any refund or other rights required by law.

9.8 Renewal reminders and price changes

We will provide renewal reminders and notices required by applicable law. For annual subscriptions, we will send a renewal notice between 15 and 45 days before renewal. We will also provide an annual reminder of your subscription, charges, and cancellation options.

We will notify you before a subscription price change takes effect, explain the change and cancellation options, and obtain any consent required by law. A price change will not increase the price of a period you have already paid for. Where applicable California law requires it, notice of a fee change will be provided between seven and 30 days before it takes effect.

10 Communications and SMS Terms

10.1 Email and service notices

We send account, booking, billing, renewal, cancellation, and other essential Service communications by email or through the Service as appropriate. Promotional emails, including offers and membership promotions, include an unsubscribe option. Unsubscribing from promotional email does not stop essential communications about an existing account, booking, or subscription.

10.2 Optional text messages

PIKL Passport uses Twilio and other messaging service providers to send texts. SMS enrollment is optional and separate from accepting these Terms. Providing a phone number for a booking does not by itself enroll you in SMS marketing. You can sign up, purchase a membership, and book without consenting to SMS.

We offer separate choices for:

Service-related texts: booking confirmations, reminders, changes, payment or account updates, and factual savings details relating to your bookings.

Marketing texts: recurring automated messages about Club Partner offers, membership promotions, suggestions for another visit, and re-engagement campaigns. These require your prior express written marketing consent.

If you choose service texts only, we will not add promotional offers to those texts. If you choose both options, we may include an offer with a booking confirmation; we treat that combined message as marketing. If you choose marketing only, we send marketing within that consent and use other available channels for booking confirmations. If you choose neither, we do not enroll you in either SMS program.

10.3 Frequency help and opting out

Message frequency varies. Message and data rates may apply. Consent is not a condition of purchase. Reply STOP to unsubscribe from texts or HELP for assistance. You can also contact info@piklpassport.com. After you opt out, we may send a final confirmation of your opt-out; we will not resume messages unless you opt in again. We use your latest consent and opt-out status.

Opting out of SMS does not cancel your membership or a booking. Delivery can be delayed or interrupted, so check your booking confirmation and account information if a text does not arrive. Mobile carriers are not liable for delayed or undelivered messages.

10.4 SMS privacy

We do not sell or share SMS opt-in data or consent with Club Partners or other businesses for their own marketing. Messaging service providers may process information as needed to deliver our messages and manage consent and opt-outs. Booking contact sharing under Section 8.2 does not transfer your SMS marketing consent to a club. See our Privacy Policy for further details.

11 Privacy

Our Privacy Policy explains how we collect, use, share, and protect personal information, including information processed through Stripe, Twilio, and booking correspondence with Club Partners. Please read it alongside these Terms. Acceptance of these Terms or acknowledgment of the Privacy Policy does not replace any separate consent required for subscription billing, SMS, or other processing.

12 User Conduct

You agree not to:

Use the Service for any unlawful purpose

Misrepresent your identity or affiliation

Use another person's Passport, or allow another person to use yours

Attempt to gain unauthorized access to any part of the Service or its systems

Engage in fraud, abuse, or manipulation of the Points system or the Benefits program

Interfere with or disrupt the Service, including by introducing viruses or malicious code

Reverse engineer, scrape, or harvest data from the Service

Resell, sublicense, or commercially exploit the Service or any Benefits without our prior written consent

13 Intellectual Property

The Service, including its content, design, software, trademarks, logos, and underlying technology, is owned by DinkSmart, Inc. or its licensors and is protected by intellectual property laws. We grant you a limited, non-exclusive, non-transferable, revocable license to use the Service for personal, non-commercial purposes in accordance with these Terms. All other rights are reserved.

You may not use our names, logos, or trademarks without our prior written consent.

14 Disclaimers

The Service is provided “AS IS” and “AS AVAILABLE.” To the fullest extent permitted by law, DinkSmart, Inc. disclaims all warranties of any kind, whether express or implied, including warranties of merchantability, fitness for a particular purpose, non-infringement, accuracy, and uninterrupted use. DinkSmart, Inc. makes no representations about the conduct, products, or services of any Club Partner or other third party. Club Partners are responsible for the activities they provide. This section does not exclude DinkSmart’s responsibilities for its own services or any rights or remedies that cannot lawfully be excluded.

15 Limitation of Liability

To the fullest extent permitted by law, in no event shall DinkSmart, Inc., its officers, directors, employees, agents, or affiliates be liable for any indirect, incidental, special, consequential, or punitive damages, or for any loss of profits, revenue, data, or use, arising out of or in connection with the Service, even if advised of the possibility of such damages.

DinkSmart's total aggregate liability arising out of or related to these Terms or the Service shall not exceed the greater of (a) the amount you have paid to DinkSmart in the twelve months immediately preceding the event giving rise to the claim, or (b) US$100.

Some jurisdictions do not allow the exclusion or limitation of certain damages, so the above may not apply to you in full.

16 Indemnification

You agree to indemnify and hold harmless DinkSmart and its officers, directors, employees, agents, and affiliates from any claims, losses, damages, liabilities, and expenses (including reasonable legal fees) arising out of or related to your use of the Service, your breach of these Terms, or your violation of any law or third-party right.

17 Changes to these Terms

We may update these Terms as the Service develops. For material changes, we will provide advance notice by email or a prominent notice in the Service, including the effective date and any action you need to take. Merely changing the date on this document is not a substitute for required notice or consent.

Changes to subscription prices and renewal arrangements are subject to Section 9 and applicable law. We will obtain additional agreement where required. Continued use does not by itself authorize new charges or new categories of marketing messages. No amendment removes rights that applicable law requires us to preserve.

18 Suspension Account Closure and Termination

We may suspend or terminate an account if we reasonably believe you have breached these Terms or engaged in fraud, abuse, or harmful conduct. Where practicable, we will explain the reason and any steps available to resolve the issue, unless doing so would create a security risk or be prohibited by law.

You may cancel your subscription without closing your account under Section 9.6. You may request account closure by contacting info@piklpassport.com. If you request closure of an account with an active subscription, we will stop future renewals and explain how closure affects any remaining paid access. Account closure does not cancel a club booking; you must address that separately with the club.

If we terminate your account, future subscription renewals stop. Refunds are handled under Section 9.7 and applicable law. If we permanently discontinue paid membership services during a period you have already paid for, we will refund the unused portion of that period.

Upon termination, your right to use the Service ends. Sections that by their nature should survive termination, including Sections 6 (Points), 13 (Intellectual Property), 14 (Disclaimers), 15 (Limitation of Liability), 16 (Indemnification), and 19 (Governing Law and Dispute Resolution), survive to the extent applicable.

19 Governing Law and Dispute Resolution

These Terms are governed by the laws of the State of California, without regard to its conflict of laws principles.

Arbitration and class waiver. Any dispute arising out of or related to these Terms or the Service shall be resolved by binding individual arbitration administered by JAMS in Los Angeles, California, under the JAMS Streamlined Arbitration Rules then in effect. The arbitrator's decision shall be final and may be entered in any court of competent jurisdiction. You and DinkSmart agree that disputes will be resolved on an individual basis only and not as part of any class, consolidated, or representative action. This arbitration agreement does not preclude either party from seeking injunctive or equitable relief in court for misuse of intellectual property.

20 General

Entire agreement. These Terms, together with the Privacy Policy and any other policies referenced here, constitute the entire agreement between you and DinkSmart concerning the Service.

Severability. If any provision is held unenforceable, the remaining provisions will remain in full effect.

No waiver. Our failure to enforce any right is not a waiver of that right.

Assignment. You may not assign these Terms without our consent. We may assign these Terms in connection with a merger, acquisition, or sale of assets.

Notices. We may give you notices by email, by posting in the Service, or by other reasonable means.

21 Contact

DinkSmart, Inc.

11845 W. Olympic Blvd, Suite 1100W, Los Angeles, CA, 90064

Email: info@piklpassport.com

piklpassport.com