Dink Fast Admin

Thank you for choosing Dink Fast! H&S Ventures, doing business as Dink Fast (referred to as "Dink Fast," "we," "us," or "our"), provides this mobile pickleball training application (the "App" or "Service") to users in the United States. Please read these Terms carefully. By creating an account or using the Service, you ("you" or "User") agree to be bound by these Terms. If you do not agree, you must not use the Service.

PLEASE NOTE: These Terms contain an arbitration clause and class action waiver in the Dispute Resolution section below, which affect your legal rights. You can opt out of arbitration as described in that section.

In addition, please review our Privacy Policy, which explains how we collect, use, and protect your information. The Privacy Policy is hereby incorporated by reference into these Terms and you agree to its terms as well.

1. Eligibility and Account Registration

Eligibility: You must be at least 13 years old to use Dink Fast. If you are under 18, you may use the Service only with the involvement and consent of a parent or legal guardian, who must review and agree to these Terms on your behalf. By using the App, you represent that you meet these age requirements and are not barred from using the Service under any applicable law. You also represent that you are not located in a country embargoed by the United States and are not on any U.S. government list of prohibited or restricted parties.
Account Creation: To access certain features (such as saving progress or purchasing subscriptions), you may need to create a Dink Fast account. When creating an account, you agree to provide true, accurate, current, and complete information about yourself. You must not impersonate anyone or provide an email or other credentials that you do not own or have permission to use. You are responsible for keeping your account information updated.
Account Security: You are responsible for maintaining the confidentiality of your account login credentials and for all activities that occur under your account. You agree to keep your password secure and not share it with anyone else. If you suspect any unauthorized use of your account or any breach of security, you must promptly notify us at support@dinkfast.com. Dink Fast will not be liable for losses or damages caused by your failure to safeguard your account credentials or to promptly notify us of unauthorized access.

2. Our Services and Content

Service Description: Dink Fast provides pickleball training content and related services, including but not limited to video lessons, drills, training programs, and performance analytics. Some content is provided free of charge, while other content or features may require a paid subscription or in-app purchase. We may also introduce new features in the future, such as online coaching sessions or video analysis of your gameplay. All new features and services will be subject to these Terms (and any additional terms we provide when those features are launched).
Personal Use Only: The Service and all content provided (including videos, text, graphics, software, and other materials, collectively the "Content") are offered solely for your personal, non-commercial use to assist in your pickleball training. You agree not to use the Service or any Content for any commercial purpose (for example, you may not resell our training content or use it to train others for a fee without our permission).
Modifications and Updates: We reserve the right to modify, update, or discontinue the Service (in whole or in part) at any time, with or without notice. We may add or remove content, features, or impose limits on use or restrict access to parts or all of the Service at our discretion. We are not liable if any portion of the Service is unavailable at any time. We will endeavor to provide advance notice of any major changes when feasible, but this may not always be possible.

3. In-App Purchases and Subscriptions

Paid Content: Dink Fast may offer in-app purchases, including subscription-based premium content that unlocks additional training videos, advanced drills, coaching features, or other exclusive content ("Subscription"). If you choose to make a purchase or subscribe to premium content, the following terms apply:
Billing through App Stores: All in-app purchases and subscriptions are processed through the Apple App Store or Google Play Store (each an "App Store Provider"), depending on your device. Payments will be charged to your Apple or Google account at the time you confirm the purchase. All billing, subscription management, and refund requests are handled by the App Store Provider from which you downloaded the app, and are subject to that provider's terms and conditions. We do not have direct access to or control over the billing transactions; therefore, if you have any payment-related issues or questions (including requests for refunds), you must contact Apple or Google support directly.
Auto-Renewal: Subscriptions automatically renew at the end of each subscription period (e.g., monthly or annually) unless you turn off auto-renewal at least 24 hours before the end of the current billing period. Your Apple/Google account will be charged for renewal within 24 hours prior to the end of the current period at the then-current subscription rate, unless you have canceled the Subscription.
Managing Subscription: You can manage and cancel your Subscription at any time through your App Store account settings (for example, via your Apple ID or Google Play account settings). If you wish to prevent further charges, you must cancel the Subscription at least 24 hours before the renewal date. Deleting the Dink Fast app or deleting your Dink Fast account will not automatically cancel your subscription – you must actively cancel through the App Store Provider.
Free Trials and Promotions: If we offer a free trial or introductory promotion for a Subscription, the specific terms of that offer will be stated at the time you sign up. Unless you cancel before the end of the trial period, you will be automatically enrolled in the paid Subscription and your App Store account will be charged the applicable subscription fee at the trial's end. Any unused portion of a free trial period will be forfeited when you purchase a Subscription, if applicable.
Pricing and Changes: Subscription prices and any other fees are as listed within the app or relevant app store listing. We reserve the right to change our pricing or introduce new fees for new features. If the price of your Subscription is due to change, we will notify you in advance (for example, via the app or app store notifications). If you do not agree to a price change, you may cancel the Subscription before the new price takes effect; otherwise, the new rate will apply upon renewal.
No Refunds: All purchases are final and non-refundable to the fullest extent permitted by law. Because transactions are handled through Apple or Google, any refund requests are subject to their policies. In general, Apple and Google do not provide pro-rated refunds for unused subscription periods once a billing cycle has started. If you cancel a Subscription, you will continue to have access to the premium content until the end of your current paid term, but no further charges will occur if canceled timely. We may make exceptions or provide refunds at our sole discretion where required by applicable law or extraordinary circumstances, but we do not guarantee any refunds.
Failure to Pay: If a Subscription fee cannot be charged to your App Store payment method (for example, due to expiration or insufficient funds), your premium access may be suspended or downgraded to free access until you update your payment information and the charge is successfully processed. It is your responsibility to ensure your billing information is current and accurate.
Apple and Google Terms: Remember that your purchases and use of the Service must also comply with the Apple Media Services Terms and Conditions (for iOS users) or the Google Play Terms of Service (for Android users). If there is any conflict between those terms and our Terms regarding billing and subscriptions, the App Store Provider's terms may prevail with respect to payment processing and refunds.

4. Acceptable Use and User Conduct

We expect all Users to use Dink Fast in a lawful and respectful manner. You agree that you will NOT:

Violate Laws or Rights: Use the Service for any illegal purpose, or in violation of any local, state, national, or international laws or regulations. You also agree not to infringe or violate the rights of any other person or entity (including intellectual property rights or privacy rights) while using our Service.
Unauthorized Access: Access or attempt to access any account or data that is not yours or penetrate any security measures of the Service. You must not interfere with or disrupt the integrity or proper functioning of the Service, our servers, or networks connected to the Service. This includes not transmitting any worms, viruses, or harmful code of any kind.
Reverse Engineering: Copy, modify, distribute, sell, or lease any part of our software or Content, nor reverse engineer or attempt to extract the source code of that software, except as allowed by law. You agree not to bypass or circumvent any technical measures we use to protect the Service or Content.
Commercial or Improper Use: Use the Service or Content for any commercial purpose or for the benefit of any third party, except as explicitly permitted by us. This means you cannot use our training videos or materials to train others for payment, and you cannot scrape, aggregate, reproduce, or exploit any part of the Content for any commercial or unauthorized purpose. You also agree not to use the Service to advertise or solicit users to buy or sell any products or services not offered by Dink Fast.
Impersonation and Misrepresentation: Create an account for anyone other than yourself or create a false identity or provide any false information. Do not impersonate any person or organization, or falsely state or misrepresent your affiliation with a person or organization (including falsely implying our endorsement of you or your activities).
No Data Harvesting: Use any automated means (such as bots, scrapers, or spiders) to collect information from the Service, or otherwise access the Service for any data extraction purposes. Also, do not attempt to harvest or collect personal information about others through the Service.
Interference: Do not engage in any conduct that could disable, overburden, damage, or impair the Service (such as a denial-of-service attack), or that would interfere with any other party's use and enjoyment of the Service.

5. Our Intellectual Property Rights

Ownership: The Dink Fast Service and all Content, including all software, graphics, text, videos, images, logos, and other materials contained in or displayed on the Service, are owned by or licensed to Dink Fast and are protected by copyright, trademark, patent, and other intellectual property laws. All rights not expressly granted to you in these Terms are reserved by Dink Fast and/or its licensors. You acknowledge that you do not acquire any ownership rights in any Content by using the Service.
Limited License to You: Subject to your compliance with these Terms and any applicable subscription requirements, we grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Service and Content for your personal, non-commercial use only. This license is provided solely for the purpose of enabling you to enjoy our training content and services in the manner permitted by these Terms. You may not sublicense, transfer, or assign this license to any other person or entity.
Restrictions: Except as expressly allowed in these Terms, you must not:
- Copy, reproduce, distribute, publish, display, perform, transmit, stream, or broadcast any part of the Content or Service without our prior written permission.
- Modify the Content, or create any derivative works based on the Content or Service.
- Remove or alter any copyright, trademark, or other proprietary rights notices displayed in the Content or Service.
Trademarks: "Dink Fast" and any related logos, service marks, and trade names used by us in connection with the Service are owned by Dink Fast and may not be used without permission in connection with any third-party products or services. All other trademarks, service marks, and trade names that appear on or through the Service are the property of their respective owners.

6. User Feedback

Feedback: We welcome and encourage you to provide feedback, comments, suggestions, or ideas about the Service. Any feedback you submit is provided on a voluntary, non-confidential, and gratuitous basis. You grant us a perpetual, irrevocable, worldwide, royalty-free license to use, reproduce, modify, publish, distribute, and otherwise exploit any feedback you provide for any purpose, without restriction, attribution, or compensation to you.

7. Health and Safety Warning

Consult a Doctor: The training content and information provided through the Service is not intended to replace professional medical advice, diagnosis, or treatment. Always seek the advice of a qualified healthcare provider with any questions you may have regarding a medical condition, especially before beginning any new exercise routine. Never disregard professional medical advice because of something you have seen on the Service.
Fitness Level Assessment: Be honest with yourself about your fitness level and do not attempt drills or exercises that are beyond your physical capabilities. Start with appropriate difficulty levels and progress gradually. Stop any activity immediately if you experience pain, dizziness, shortness of breath, or any unusual symptoms during exercise. It is recommended that you consult with a healthcare provider before starting any new exercise program, particularly if you have any pre-existing health conditions or injuries.
Proper Equipment and Environment: Always ensure you have appropriate equipment, footwear, and a safe environment before attempting any of the training exercises or drills shown in the Content. Follow all safety guidelines provided.
Release of Liability for Injuries: To the fullest extent permitted by law, Dink Fast disclaims any liability for any injuries, damages, or health problems you may experience or incur in connection with the use of our Service or Content. You agree that your use of the fitness content is at your own risk, and that Dink Fast will not be responsible or liable for any injuries or damages sustained in connection with your use of the Service, whether caused by our negligence or otherwise, to the maximum extent allowed by law.

14. App Store and Third-Party Platform Terms

Because the Dink Fast mobile application is available via third-party distribution platforms (specifically, the Apple App Store for iOS devices and the Google Play Store for Android devices), the following additional terms apply to you:

Acknowledgment: You acknowledge that these Terms are between you and Dink Fast, and not with Apple, Google, or any other app store provider. Dink Fast, not the App Store provider, is solely responsible for the contents of the app and the Service.
App Store Usage Rules: The license granted to you in these Terms to use the Dink Fast app is also conditioned on your compliance with the App Store Provider's usage rules. For example, if you downloaded our app from the Apple App Store, you may only use it on Apple devices that you own or control and as permitted by the App Store Media Services Terms. If you downloaded from Google Play, your use of the app must comply with the Google Play Terms of Service and any associated policies.
Legal Compliance: You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist-supporting" country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties. You also agree to comply with all U.S. or other export and re-export control laws that may apply to the Dink Fast app or Service.
Warranty: As stated in the Disclaimer of Warranties section, we provide the Service "as is" without warranties. In the event of any failure of the Dink Fast iOS app to conform to any applicable warranty, you may notify Apple, and Apple may refund the purchase price (if any) for the app to you; to the maximum extent permitted by law, Apple will have no other warranty obligation with respect to the app, and no other claims, losses, liabilities, or expenses attributable to any failure to conform to a warranty will be Apple's responsibility. (Any claims in this regard are governed by the Disclaimer of Warranties and Limitation of Liability sections of these Terms, and are our responsibility to the extent not disclaimed.)

15. Changes to these Terms

Dink Fast may revise or update these Terms from time to time. If we make material changes, we will provide notice to you by posting the updated Terms on our website (and/or through the app) and updating the "Last Updated" date above. In some cases, we may provide additional notice, such as via email or in-app notification. It is your responsibility to review the Terms periodically.

Any changes will become effective on the date indicated in the notice or the updated Terms. By continuing to use the Service after the new Terms take effect, you agree to be bound by the revised Terms. If you do not agree to any updated Terms, you must stop using the Service and, if applicable, cancel your Subscription.

16. Miscellaneous

Entire Agreement: These Terms (along with any additional guidelines, policies, or terms referenced herein or provided in-app, such as our Privacy Policy and any additional rules for particular features) constitute the entire agreement between you and Dink Fast concerning the Service. They supersede all prior or contemporaneous communications, agreements, representations, or understandings between us, whether oral or written, regarding the Service.
No Waiver: Our failure to enforce any provision of these Terms shall not be deemed a waiver of that provision or of any other provision. Any waiver of any provision of these Terms will be effective only if in writing and signed by an authorized representative of Dink Fast.
Severability: In the event that any provision of these Terms is held to be invalid, illegal, or unenforceable by a court or arbitrator of competent jurisdiction, that provision shall be enforced to the maximum extent permissible, and the remaining provisions of these Terms will remain in full force and effect.
Assignment: You may not assign or transfer these Terms or any of your rights or obligations under these Terms, in whole or in part, without our prior written consent. Any purported assignment in violation of this section is void. Dink Fast may assign these Terms (or any rights or obligations hereunder) at any time, with or without notice to you, in connection with a merger, acquisition, reorganization, or sale of assets, or by operation of law or otherwise.
No Third-Party Rights: Except as expressly stated in the App Store and Third-Party Platform Terms section above, nothing in these Terms is intended to confer any rights, benefits, or remedies on any person or entity other than you and Dink Fast. No third party shall have the right to enforce any of these Terms, except to the extent we expressly designate a third party as a beneficiary.
Accessibility: Dink Fast strives to make the Service accessible to users with disabilities. If you have difficulty accessing any part of the Service or require assistance, please contact us at support@dinkfast.com.
Relationship of Parties: These Terms do not create any agency, partnership, joint venture, or employment relationship between you and Dink Fast. You and we are independent contractors.
Headings: The section titles and headings in these Terms are for convenience only and have no legal or contractual effect.
Force Majeure: Dink Fast shall not be liable for any failure or delay in performance to the extent caused by circumstances beyond our reasonable control, including but not limited to acts of God, earthquake, fire, flood, embargoes, acts of government, war, terrorist attacks, labor strikes, pandemics, and failure of telecommunications or internet service.

17. Contact Us

If you have any questions, concerns, or feedback about these Terms or the Dink Fast Service, please contact us:

Email: support@dinkfast.com

We will do our best to respond to your inquiries in a timely manner.

By using the Dink Fast app or any of our Services, you acknowledge that you have read, understood, and agree to these Terms of Service. Thank you for choosing Dink Fast to enhance your pickleball training! Enjoy the app and play safely.

Dink Fast Terms of Service