Terms of Service

1. Agreement to These Terms

These Terms of Service (“Terms”) are a legally binding agreement between you and Peter Chenard, an individual (“we,” “us,” or “our”), governing your access to and use of the Skoryd website, mobile application, and related services, which we own and operate (collectively, the “Service”).

BY CREATING AN ACCOUNT OR USING THE SERVICE, YOU REPRESENT AND WARRANT THAT:

• You are at least 18 years of age;
• You have the full legal capacity and authority to enter into this agreement;
• You have read, understood, and agree to be bound by these Terms and our Privacy Policy; and
• If you are creating an account on behalf of an organization, you have authority to bind that organization to these Terms.

IF YOU DO NOT MEET THESE REQUIREMENTS OR DO NOT AGREE TO THESE TERMS, YOU MAY NOT ACCESS OR USE THE SERVICE.

2. Description of the Service

We provide a software platform for organizing, scheduling, tracking, and managing leagues and tournaments (“Events”). The Service functions as a neutral technology venue that enables independent Event Organizers to create, manage, and promote their own events. We have no involvement in the creation, planning, execution, cancellation, or any other aspect of any Event.

We are not the organizer, promoter, sponsor, co-sponsor, licensor, or operator of any Event. We are not responsible for the actions, omissions, content, or conduct of any Event Organizer, participant, venue, or third party. Participation in any Event is entirely at your own risk.

Ownership of the Service. The Service — including all software, source code, design, user interface, graphics, logos, and other materials we provide (excluding User Content) — is owned by us and our licensors and is protected by copyright, trademark, and other intellectual property laws. These Terms grant you only a limited, non-exclusive, non-transferable, revocable license to access and use the Service for its intended purpose. No other rights are granted, and we reserve all rights not expressly granted to you. The restrictions in Section 7 — including against copying, modifying, reverse engineering, and scraping the Service — apply.

3. Account Registration and Security

3.1 Registration. To use most features of the Service, you must register for an account by providing your full name, a display name, a valid email address, and your date of birth, and by creating a password. The Service is intended only for individuals 18 years of age or older; your date of birth is used at registration to confirm your eligibility and is not retained. You agree to provide accurate, current, and complete information and to promptly update it to keep it accurate, current, and complete.

3.2 Account Security. You are solely responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree to immediately notify us at support@skoryd.com of any unauthorized use of your account. We are not liable for any losses arising from unauthorized use of your account.

3.3 Where the Service Is Offered. The Service is operated from the United States and is offered to users in the United States and Canada. We do not direct or market the Service to residents of the European Economic Area, the United Kingdom, or Switzerland, and the Service is not intended for use by residents of those jurisdictions. If you are located outside the United States and Canada, please do not register for or use the Service.

3.4 One Account Per Person. Each person may maintain only one account. Creating multiple accounts for deceptive purposes is prohibited.

4. User Content

4.1 Your Content. The Service allows you to submit, post, and share content, including match scores, team names, profile information, photos, and other materials (“User Content”).

4.2 License Grant. By submitting User Content to the Service, you grant us a non-exclusive, worldwide, royalty-free, perpetual, irrevocable, sublicensable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, publicly perform, and publicly display your User Content in connection with operating and improving the Service and our business operations, including for promotional and marketing purposes. We may use your User Content under this license without notice to you and without any payment or other compensation to you, always subject to our Privacy Policy and the privacy settings you choose.

4.3 Your Representations. You represent and warrant that: (a) you own your User Content or have the necessary rights and permissions to grant the license in Section 4.2; (b) your User Content does not infringe, misappropriate, or violate any third-party intellectual property rights, privacy rights, or other rights; (c) your User Content is accurate and not misleading; and (d) your User Content does not violate any applicable law or these Terms.

4.4 No Endorsement. We do not endorse any User Content and are not responsible for User Content submitted by others. You acknowledge that you may be exposed to User Content that is inaccurate, offensive, or objectionable, and you agree that we are not liable for any such content.

4.5 Removal. We reserve the right to remove any User Content at any time, for any reason, without notice.

5. Club Organizers

If you create a club or organize Events through the Service (“Organizer”), you additionally agree to the following:

5.1 Legal Compliance. You are solely responsible for complying with all applicable local, state, and federal laws and regulations governing the Events you organize, including any required permits, licenses, liability insurance, health and safety regulations, and venue requirements.

5.2 Accurate Information. You agree to provide accurate and complete information about your Events, including dates, locations, rules, entry fees, and eligibility requirements, and to promptly update such information when it changes.

5.3 Participant Safety. You agree to take commercially reasonable steps to ensure the safety of Event participants and to inform participants of any known risks or hazards associated with your Events.

5.4 Agent of the Payee. For purposes of collecting entry fee payments, we act solely as the payment collection agent of the Event Organizer (the “Payee”). When a participant pays an entry fee through the Service: (a) the payment is made to the Organizer, not to us; (b) our receipt of funds on the Organizer's behalf fully satisfies the participant's payment obligation to the Organizer; (c) we are not a party to the underlying transaction between the participant and the Organizer; and (d) our agency is strictly limited to payment collection and does not constitute endorsement of, or responsibility for, any Event or its Organizer. Our platform fee is deducted from collected funds before disbursement to the Organizer, as disclosed at the time of Event setup. You, as Organizer, are the seller of the entry, the responsible party to participants, and solely liable for delivering the Event as described.

5.5 Refund Decisions. You are responsible for establishing and communicating your refund policy to participants. Our platform fees are non-refundable regardless of your refund decisions.

5.6 Organizer-Run Promotional Content. If we make available a feature allowing you, as an Organizer, to surface sponsor logos, vendor offers, local venue specials, or other promotional content on your own Events, any such content is yours and is not our advertising. You are solely responsible for the content's accuracy, lawfulness, and any disclosures required by applicable advertising, sponsorship, or consumer protection laws. You may not use the feature to display content that is deceptive, defamatory, infringing, unlawful, or otherwise prohibited by Section 4. We do not target or personalize such content based on participants' personal data and do not endorse any sponsor, vendor, or offer that you choose to display.

6. Payments and Fees

6.1 Payment Processing. Payment processing services for the Service are provided by Stripe, Inc. (“Stripe”). By submitting payment information, you authorize us and Stripe to charge your designated payment method for the amounts you authorize. Your use of Stripe is subject to Stripe's Terms of Service and Privacy Policy (available at stripe.com/legal and stripe.com/privacy).

6.2 Platform Fees. We charge a platform fee on entry fee payments, which is disclosed to Organizers at the time of Event setup and to participants at the time of registration.

6.3 Refunds. All entry fees paid through the Service are non-refundable except: (a) at the sole discretion of the Organizer; (b) if the Event is cancelled by the Organizer; or (c) as required by applicable law. Our platform fee is non-refundable under all circumstances, including where the underlying entry fee is refunded, as it covers costs already incurred in processing the registration. Any Stripe processing fee is likewise non-refundable and is borne by the Organizer.

6.4 How to Request a Refund. Because we act as agent of the Event Organizer (see Section 5.4), all refund requests must be directed to the Event Organizer. We do not process, adjudicate, or mediate refund requests between participants and Organizers. Event details are available on the Event page within the Service, along with the Organizer's contact information where the Organizer has chosen to publish it. If you cannot find a way to reach the Organizer, email support@skoryd.com and, with your permission, we will pass your request on to them. If an Organizer cancels an Event after payment has been collected through the Service and does not respond to your refund request, you may contact us at support@skoryd.com; we may, but are not required to, help facilitate the return of collected entry fees, net of our non-refundable platform fee.

6.5 Disputed Charges. If you believe a charge is unauthorized, you must contact us at support@skoryd.com before initiating a chargeback with your bank or card issuer. Initiating chargebacks without first contacting us may result in suspension or termination of your account. As the seller of record, the Event Organizer is responsible for any chargeback fees (typically $15.00 per dispute) levied by payment processors on disputed transactions, in addition to the disputed amount being withdrawn from their connected account. If the Organizer's connected account balance is insufficient to cover these amounts, the Organizer agrees to immediately reimburse us for the remaining balance upon demand.

6.6 Taxes. You are solely responsible for any taxes applicable to amounts you pay or receive through the Service.

7. Prohibited Conduct

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

• Use the Service if you are under 18 years of age;
• Impersonate any person or entity, or misrepresent your affiliation with any person or entity;
• Submit false, misleading, or fraudulent information, including match scores or results;
• Harass, threaten, intimidate, bully, or harm any other user;
• Post, upload, or share content that is obscene, pornographic, or sexually explicit; that sexualizes or exploits minors in any way; or that is hateful toward, or promotes violence against, any person or group;
• Manipulate or falsify any match score, standing, or competitive result;
• Collect or harvest personal information about other users without their consent;
• Attempt to gain unauthorized access to any portion of the Service or any system or network connected to the Service;
• Use automated scripts, bots, crawlers, or scrapers to access or extract data from the Service;
• Reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code of the Service;
• Use the Service for any unlawful purpose, including violating any applicable local, state, national, or international law;
• Transmit viruses, malware, or other malicious code; or
• Interfere with or disrupt the integrity or performance of the Service.

8. Physical Activity and Assumption of Risk

8.1 Inherent Risks. Cornhole and other games and physical activities involve inherent risks of bodily injury, property damage, and other harm. These risks exist even when activities are conducted safely and by experienced participants.

8.2 Voluntary Assumption of Risk. BY USING THE SERVICE TO PARTICIPATE IN OR ORGANIZE EVENTS INVOLVING PHYSICAL ACTIVITY, YOU VOLUNTARILY AND KNOWINGLY ASSUME ALL INHERENT RISKS OF SUCH PHYSICAL ACTIVITY, INCLUDING RISKS THAT MAY ARISE FROM THE CONDUCT OF OTHER PARTICIPANTS, THIRD PARTIES, ORGANIZERS, OR VENUE CONDITIONS.

8.3 Platform Role. The Service is a software scheduling and communication platform. We do not supervise, direct, or control the physical conduct of any Event or participant. We have no duty of care for physical activities conducted in connection with Events organized through the Service.

8.4 Organizer and Venue Responsibility. Nothing in these Terms limits your right to seek legal recourse against an Event Organizer, venue owner, or other third party for their independent negligent or wrongful acts.

9. Disclaimers of Warranties

THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE EXPRESSLY DISCLAIM ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO:

• IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT;
• WARRANTIES THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE OF VIRUSES;
• WARRANTIES REGARDING THE ACCURACY, COMPLETENESS, TIMELINESS, OR RELIABILITY OF ANY CONTENT ON THE SERVICE; AND
• WARRANTIES REGARDING THE CONDUCT, COMPETENCE, OR INTEGRITY OF OTHER USERS OR ORGANIZERS.

SOME JURISDICTIONS DO NOT ALLOW DISCLAIMER OF CERTAIN WARRANTIES. IN SUCH JURISDICTIONS, THE ABOVE DISCLAIMERS APPLY TO THE MAXIMUM EXTENT PERMITTED BY LAW.

10. Limitation of Liability

10.1 Exclusion of Damages. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL WE OR OUR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, OR AFFILIATES BE LIABLE FOR:

• ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES;
• LOSS OF PROFITS, REVENUE, DATA, GOODWILL, BUSINESS OPPORTUNITY, OR ANTICIPATED SAVINGS;
• PERSONAL INJURY, PROPERTY DAMAGE, OR DEATH ARISING FROM YOUR PARTICIPATION IN ANY EVENT OR PHYSICAL ACTIVITY;
• UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR DATA;
• CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICE; OR
• ANY MATTER BEYOND OUR REASONABLE CONTROL.

10.2 Cap on Liability. IN NO EVENT SHALL OUR TOTAL AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF THE SERVICE EXCEED THE GREATER OF: (i) ONE HUNDRED DOLLARS (USD $100.00), OR (ii) THE TOTAL AMOUNTS YOU PAID TO US IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM. FOR ANY CLAIM ARISING FROM OR RELATED TO A SPECIFIC EVENT REGISTRATION OR TRANSACTION, OUR MAXIMUM LIABILITY SHALL NOT EXCEED THE PLATFORM FEE ACTUALLY RETAINED BY US FROM THAT SPECIFIC TRANSACTION, WHICH IN MOST CASES WILL BE A FEW DOLLARS. WE ARE NOT LIABLE FOR THE FULL AMOUNT OF ANY ENTRY FEE PAID TO AN ORGANIZER, AS THAT AMOUNT IS COLLECTED BY US AS AGENT OF THE ORGANIZER (SEE SECTION 5.4) AND DOES NOT REPRESENT REVENUE TO US.

10.3 Basis of Bargain. THE LIMITATIONS IN SECTIONS 10.1 AND 10.2 ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN US AND YOU. WE WOULD NOT PROVIDE THE SERVICE WITHOUT THESE LIMITATIONS.

10.4 State Exceptions. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON LIABILITY FOR PERSONAL INJURY OR CERTAIN OTHER DAMAGES. IN SUCH JURISDICTIONS, OUR LIABILITY IS LIMITED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.

11. Indemnification

You agree to indemnify, defend (at our option), and hold harmless us and our officers, directors, employees, agents, and affiliates from and against any and all claims, liabilities, losses, damages, costs, and expenses (including reasonable attorneys' fees and court costs) arising out of or relating to:

• Your access to or use of the Service;
• Your User Content;
• Any Event you organize through the Service;
• Your violation of these Terms;
• Your violation of any applicable law or regulation; or
• Your violation of any rights of any third party.

We reserve the right to assume exclusive control of any matter subject to indemnification by you. You agree to cooperate with our defense of such claims.

12. Dispute Resolution; Binding Arbitration; Class Action Waiver

12.1 Informal Resolution. Before initiating arbitration, you agree to attempt to resolve the dispute informally. Either party may initiate informal resolution by sending written notice to the other party describing the dispute and proposed resolution. If the dispute is not resolved within sixty (60) days after such notice, either party may proceed to arbitration.

12.2 Binding Arbitration. Except as set forth in Section 12.5 below, any dispute, claim, or controversy arising out of or relating to these Terms or the Service (“Dispute”) shall be resolved by final, binding individual arbitration administered by JAMS (formerly Judicial Arbitration and Mediation Services, Inc.) in accordance with its Streamlined Arbitration Rules and Procedures. The arbitration shall be conducted by a single neutral arbitrator selected in accordance with JAMS rules.

12.3 Location and Procedure. The arbitration hearing shall take place in the State of Michigan, or, at your election, via videoconference or telephone. The arbitrator shall apply the substantive law of the State of Michigan. The arbitrator's award shall be in writing, shall be final and binding on all parties, and may be entered as a judgment in any court of competent jurisdiction.

12.4 Consumer Cost Protections. For arbitrations involving individual consumer claims: (a) you shall pay no more than USD $250 in JAMS filing and administrative fees; (b) we shall pay all remaining JAMS administrative fees, arbitrator fees, and hearing costs; and (c) if the arbitrator finds that your claim is frivolous or brought in bad faith, the arbitrator may require you to reimburse us for fees paid under this section. These consumer protections are consistent with the JAMS Consumer Minimum Standards.

12.5 Exceptions to Arbitration. Notwithstanding Section 12.2: (a) Either party may bring an individual action in small claims court that falls within that court's jurisdiction; (b) Either party may seek emergency injunctive or equitable relief in a court of competent jurisdiction to protect intellectual property rights or prevent immediate irreparable harm pending arbitration; and (c) we may seek judicial enforcement of an arbitration award.

12.6 CLASS ACTION AND JURY TRIAL WAIVER. YOU AND WE EACH WAIVE THE RIGHT TO A JURY TRIAL AND THE RIGHT TO PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION, COLLECTIVE ACTION, REPRESENTATIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION, OR MULTI-PLAINTIFF PROCEEDING. The arbitrator may not consolidate more than one person's claims. If a court finds the class action waiver in this Section to be unenforceable, the entire arbitration agreement in Section 12.2 shall be null and void as to that claim, which shall then be resolved in court under Section 13 below.

12.7 Waiver of Jury Trial for Court Proceedings. For any Dispute not subject to arbitration, YOU AND WE WAIVE ANY RIGHT TO A JURY TRIAL.

12.8 Statute of Limitations. Regardless of any statute of limitations, you must commence any arbitration or legal proceeding within one (1) year after the claim or cause of action arose, or such claim is permanently barred.

13. Governing Law and Venue

These Terms are governed by and construed in accordance with the laws of the State of Michigan, without regard to its conflict of law provisions. Subject to the arbitration agreement in Section 12, you and we agree to submit to the exclusive personal jurisdiction of the state and federal courts located in the State of Michigan for the resolution of any Dispute not subject to arbitration.

14. Changes to These Terms

We reserve the right to modify these Terms at any time. If we make material changes, we will provide you with at least thirty (30) days' advance notice by: (a) sending an email to the address associated with your account; and/or (b) posting a prominent notice on the Service. Instead of giving notice, we may ask you to accept the revised Terms in the Service before you continue using it; the revised Terms then apply to you from the moment you accept them. Your continued use of the Service after the effective date of the revised Terms constitutes your acceptance of the changes. If you do not agree to the revised Terms, you must stop using the Service and delete your account.

15. Termination

15.1 By Us. We may suspend or terminate your account and access to the Service at any time, with or without cause, and with or without notice, including for: (a) violation of these Terms; (b) conduct that we determine, in our sole discretion, is harmful to other users, the Service, or us; or (c) fraud, chargebacks, or illegal activity.

15.2 By You. You may terminate your account at any time. The fastest path is the Danger zone card on your profile edit page, which deletes your account immediately. If you cannot access the self-service tool, contact support@skoryd.com. Termination does not entitle you to any refund of paid fees.

15.3 Effect of Termination. Upon termination, your right to use the Service immediately ceases. Sections 4 (User Content license), 8 (Assumption of Risk), 9 (Disclaimers), 10 (Limitation of Liability), 11 (Indemnification), 12 (Dispute Resolution), 13 (Governing Law), and 16 (Miscellaneous) shall survive termination of these Terms.

16. Miscellaneous

16.1 Entire Agreement. These Terms, together with the Privacy Policy and any other agreements incorporated by reference, constitute the entire agreement between you and us regarding the Service and supersede all prior or contemporaneous agreements, representations, and understandings.

16.2 Severability. If any provision of these Terms is held to be invalid, illegal, or unenforceable, the remaining provisions shall continue in full force and effect. The unenforceable provision shall be modified to the minimum extent necessary to make it enforceable.

16.3 Waiver. Our failure to enforce any right or provision of these Terms shall not constitute a waiver of that right or provision.

16.4 Assignment. You may not assign or transfer these Terms or any rights or obligations under these Terms without our prior written consent. We may freely assign these Terms, including in connection with a merger, acquisition, sale of assets, or operation of law, without your consent. Any attempted assignment in violation of this section is void.

16.5 No Third-Party Beneficiaries. These Terms do not create any third-party beneficiary rights.

16.6 Force Majeure. We are not liable for any failure or delay in performance caused by circumstances beyond our reasonable control, including acts of God, natural disasters, pandemic, war, terrorism, labor disputes, internet outages, or governmental actions.

16.7 Contact Information. For questions about these Terms, legal process, or other formal correspondence: legal@skoryd.com. For privacy-related requests, see the contact paths in our Privacy Policy. General product support: support@skoryd.com.