Terms of Service

1. This Agreement

Summary: By using NxtPoint, you agree to these terms. We may update them, and continued use means you accept the changes.

1.1 The Agreement

These Terms of Service (“Terms”) constitute a legally binding agreement between you (“User,” “you,” or “your”) and NxtPoint, LLC (“NxtPoint,” “we,” “us,” or “our”). These Terms govern your access to and use of the NxtPoint mobile application, website, and related services (collectively, the “Platform”).

1.2 Modifications

We reserve the right to modify these Terms at any time. When we make material changes, we will provide notice through the Platform or via email. Your continued use of the Platform after such notice constitutes acceptance of the updated Terms. If you do not agree with any changes, you must stop using the Platform and close your account.

2. Your Account

Summary: You must be at least 18 to use NxtPoint. You are responsible for keeping your account secure and for all activity under it.

2.1 Eligibility

You must be at least 18 years of age to create an account and use the Platform. By using NxtPoint, you represent and warrant that you meet this age requirement and have the legal capacity to enter into these Terms.

2.2 Account Security

You are responsible for maintaining the confidentiality of your login credentials and for all activities that occur under your account. You agree to notify us immediately of any unauthorized access to or use of your account.

2.3 Account Closure

You may close your account at any time through the app settings or by contacting us. We reserve the right to suspend or terminate your account if you violate these Terms, engage in prohibited conduct, or if we determine that your account poses a risk to other users or the Platform.

3. The Platform

Summary: NxtPoint connects players for pickup sports matches. We facilitate connections — we don’t organize, supervise, or guarantee matches.

3.1 Description of Service

NxtPoint is a platform that enables users to discover, create, and join pickup sports matches — currently supporting tennis and pickleball. The Platform provides location-based match discovery, skill-based ratings (ELO-style), score tracking, and leaderboard features.

3.2 Platform Role

NxtPoint acts solely as a technology platform that connects players. We do not organize, supervise, officiate, or guarantee any matches or in-person interactions. All decisions to participate in a match are made voluntarily by individual users. We are not responsible for the conduct of any user on or off the Platform.

3.3 Venues & Facilities

NxtPoint does not own, operate, maintain, or inspect any sports courts, parks, or other facilities where matches take place. Users are responsible for selecting match locations and for ensuring that those venues are safe, available, and suitable for play. You acknowledge that NxtPoint bears no liability for the condition, accessibility, or safety of any match location.

3.4 Availability

We strive to keep the Platform available at all times, but we do not guarantee uninterrupted access. We reserve the right to modify, suspend, or discontinue any part of the Platform at any time without prior notice.

4. User Conduct

Summary: Be respectful, play fair, and don’t misuse the platform. Manipulating ratings or harassing others is prohibited.

4.1 Community Standards

You agree to treat all users with respect and sportsmanship. NxtPoint is built on a community of fair competition and mutual respect. You are expected to honor match commitments, show up on time, and engage in good-faith score reporting. NxtPoint reserves the right to suspend or terminate accounts based on user reports of repeated no-shows, late cancellations, poor sportsmanship, or other behavior that undermines the community experience.

4.2 Prohibited Conduct

You agree not to engage in any of the following:

• Manipulating match outcomes, scores, or ratings (including creating fake accounts to boost or deflate ratings)
• Harassing, threatening, or intimidating other users on or off the Platform, including through off-platform communication channels (text, social media, etc.) when the contact originated through NxtPoint
• Submitting false, misleading, or fraudulent information (including inaccurate skill levels or match scores)
• Using the Platform for any unlawful purpose or in violation of any applicable laws
• Interfering with or disrupting the Platform’s infrastructure, security, or other users’ experience
• Scraping, harvesting, or collecting user information without authorization
• Impersonating another person or entity

4.3 Off-Platform Interactions

NxtPoint does not conduct criminal background checks, identity verification, or screening of any kind on its users. You acknowledge that interactions with other users — both on and off the Platform — are at your own risk. You should exercise the same caution you would when meeting any person from the internet, including meeting in public locations for initial encounters.

4.4 Score Confirmation

NxtPoint uses a mutual score confirmation system to maintain rating integrity. Both players must confirm match results for scores to be finalized and ratings to be updated. You agree to report scores honestly and in good faith. Persistent disputes or patterns of dishonest reporting may result in account suspension.

5. Your Content

Summary: You own your content but grant us a license to display it on the Platform. You’re responsible for what you post.

5.1 Content Ownership

You retain ownership of any content you submit, post, or display through the Platform, including your profile information, match descriptions, and profile photos (“User Content”).

5.2 License Grant

By submitting User Content, you grant NxtPoint a worldwide, non-exclusive, royalty-free, sublicensable, and transferable license to use, reproduce, modify, display, and distribute your User Content in connection with operating and promoting the Platform. This license ends when you delete your content or close your account, except where your content has been shared with others who have not deleted it.

5.3 Content Responsibility

You are solely responsible for your User Content. You represent and warrant that you have all necessary rights to submit your content, and that your content does not infringe any third-party rights or violate any laws.

5.4 Copyright Complaints (DMCA)

If you believe that any User Content on the Platform infringes your copyright, you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing our designated Copyright Agent with the following information in writing: (a) a description of the copyrighted work you claim has been infringed; (b) identification of the material on the Platform that you claim is infringing; (c) your contact information (name, address, email, and phone number); (d) a statement that you have a good-faith belief that the use of the material is not authorized by the copyright owner, its agent, or the law; and (e) a statement, under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or authorized to act on behalf of the owner. Copyright notices should be sent through our Contact page. We reserve the right to remove any content alleged to be infringing without prior notice and to terminate the accounts of repeat infringers.

6. Ratings & Match Data

Summary: Your skill rating is calculated automatically and visible to other users. Match history and statistics are stored on the Platform.

6.1 Skill Ratings

NxtPoint assigns and maintains skill-based ratings using an ELO-style algorithm. Your rating is calculated based on your confirmed match results and is visible to other users. Ratings update automatically upon mutual score confirmation. We reserve the right to adjust, reset, or recalculate ratings as needed to maintain system integrity.

6.2 Match Data

Match results, scores, and related statistics are stored on the Platform and may be visible to other users. You acknowledge that confirmed match data becomes part of the Platform’s records and cannot be unilaterally deleted.

7. Release & Assumption of Risk

Summary: Playing sports involves physical risk. You participate at your own risk, and NxtPoint is not liable for injuries or disputes between players.

7.1 Assumption of Risk

You acknowledge that participation in athletic activities, including tennis and pickleball, carries inherent risks of physical injury. By using NxtPoint to find and join matches, you voluntarily assume all risks associated with your participation, including but not limited to injury, illness, property damage, or death.

7.2 Release of Claims

To the fullest extent permitted by law, you release, discharge, and hold harmless NxtPoint, its officers, directors, employees, agents, and affiliates from any and all claims, damages, losses, costs, or expenses arising from or related to: (a) your participation in any match or activity arranged through the Platform; (b) interactions with other users; or (c) your use of any venue, facility, or equipment at a match location.

7.3 Disputes Between Users

NxtPoint is not a party to any disputes between users. You agree to resolve any disputes with other users directly. We may, at our discretion, facilitate dispute resolution, but we are under no obligation to do so.

7.4 Verification of Identity

You acknowledge that NxtPoint does not perform criminal background checks or verify the identity of its users. You are solely responsible for your personal safety when meeting other users in person. We strongly recommend meeting in public, well-lit sports facilities and informing someone you trust of your plans.

8. Privacy

Summary: We collect and use your data as described in our Privacy Policy.

Your privacy is important to us. Our Privacy Policy describes how we collect, use, and share your personal information. By using the Platform, you consent to the collection and use of your information as described in the Privacy Policy.

9. Intellectual Property

Summary: The NxtPoint brand, design, and technology belong to us. You may not copy, modify, or distribute them.

The Platform and its original content (excluding User Content), features, functionality, branding, logos, and design are and will remain the exclusive property of NxtPoint, LLC and its licensors. The Platform is protected by copyright, trademark, and other intellectual property laws. You may not reproduce, distribute, modify, create derivative works of, publicly display, or exploit any portion of the Platform without our prior written consent.

10. Disclaimers

Summary: The Platform is provided “as is.” We don’t guarantee that matches will happen or that all users will behave appropriately.

THE PLATFORM IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY LAW, NXTPOINT DISCLAIMS ALL WARRANTIES, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT: (A) THE PLATFORM WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE; (B) ANY MATCH WILL TAKE PLACE AS SCHEDULED; (C) OTHER USERS WILL BEHAVE APPROPRIATELY OR HONESTLY; OR (D) ANY INFORMATION PROVIDED BY USERS (INCLUDING SKILL LEVELS AND RATINGS) IS ACCURATE OR RELIABLE.

11. Limitation of Liability

Summary: Our liability is limited. We are not responsible for indirect or consequential damages.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, NXTPOINT SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES RESULTING FROM: (A) YOUR ACCESS TO OR USE OF (OR INABILITY TO ACCESS OR USE) THE PLATFORM; (B) ANY CONDUCT OR CONTENT OF ANY USER OR THIRD PARTY; (C) ANY INJURY, ILLNESS, OR HARM ARISING FROM PARTICIPATION IN ACTIVITIES ARRANGED THROUGH THE PLATFORM; OR (D) UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR CONTENT OR DATA.

12. Indemnification

Summary: If your actions cause us legal trouble, you agree to cover the costs.

You agree to indemnify, defend, and hold harmless NxtPoint, its officers, directors, employees, agents, and affiliates from and against any claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys’ fees) arising out of or related to: (a) your use of the Platform; (b) your User Content; (c) your violation of these Terms; (d) your violation of any applicable law; or (e) your interactions with other users.

13. Dispute Resolution

Summary: Disputes will be resolved through binding arbitration, not in court. You waive your right to a jury trial and class actions.

13.1 Binding Arbitration

Any dispute, claim, or controversy arising out of or relating to these Terms or the Platform shall be resolved through final and binding arbitration administered in accordance with the American Arbitration Association (“AAA”) rules. The arbitration shall take place in the state of the defendant’s principal place of business.

13.2 Class Action Waiver

YOU AND NXTPOINT AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION.

13.3 Exceptions

Notwithstanding the above, either party may seek injunctive or other equitable relief in any court of competent jurisdiction to prevent the actual or threatened infringement of intellectual property rights.

13.4 Limitation on Time to File

You agree that any claim or cause of action arising out of your use of the Platform must be filed within one (1) year after such claim or cause of action arose, or be forever barred.

14. Fees

Summary: The Platform is currently free, but we reserve the right to introduce fees in the future.

The Platform is currently offered free of charge. We reserve the right to introduce fees for certain features, premium subscriptions, or enhanced services in the future. If we introduce any such fees, we will provide you with advance notice and clearly disclose the applicable charges before they take effect. Your continued use of fee-based features after notification constitutes your acceptance of those fees.

15. App Store & Mobile Device Terms

Summary: These Terms are between you and NxtPoint, not Apple or Google. The app store providers are not responsible for the app.

If you download or access the Platform through the Apple App Store, Google Play Store, or any other app distribution platform (each, an “App Store”), you acknowledge and agree that: (a) these Terms are between you and NxtPoint only, and not with the App Store provider; (b) the App Store provider has no obligation to furnish any maintenance or support services with respect to the Platform; (c) in the event of any failure of the Platform to conform to any applicable warranty, the App Store provider is not responsible for any refunds; (d) the App Store provider is not responsible for addressing any claims you may have relating to the Platform; and (e) the App Store provider is a third-party beneficiary of these Terms and may enforce them against you.

16. General Provisions

Summary: Standard legal clauses covering governing law, severability, and the entire agreement.

16.1 Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of Illinois, without regard to its conflict of law provisions.

16.2 Severability

If any provision of these Terms is held to be invalid or unenforceable, the remaining provisions shall continue in full force and effect.

16.3 Entire Agreement

These Terms, together with the Privacy Policy, constitute the entire agreement between you and NxtPoint regarding your use of the Platform.