Terms ofService

Welcome to Vicious Pickleball Labs ("Company," "we," "our," or "us"). By accessing or using our website at viciouspickleballlabs.com, including any subdomains, the PlayVicious platform, and any related services, applications, or products (collectively, the "Services"), you agree to be bound by these Terms of Service ("Terms").

If you do not agree to these Terms, you must not access or use our Services. We reserve the right to modify these Terms at any time, and your continued use of the Services constitutes acceptance of any modifications.

You must be at least 13 years of age to use our Services. If you are under 18 years of age (or the age of majority in your jurisdiction), you must have your parent or legal guardian's permission to use the Services and agree to these Terms on your behalf.

By using the Services, you represent and warrant that you meet all eligibility requirements and have the legal capacity to enter into these Terms.

To access certain features of our Services, including the PlayVicious platform, you may be required to create an account. When creating an account, you agree to:

• Provide accurate, current, and complete information
• Maintain and promptly update your account information
• Keep your password secure and confidential
• Accept responsibility for all activities that occur under your account
• Notify us immediately of any unauthorized access or security breach

We reserve the right to suspend or terminate your account at any time for any reason, including violation of these Terms.

PlayVicious is our community platform where users can upload pickleball video highlights, vote on content, and engage with other players. By using PlayVicious, you agree to the following:

Content Guidelines

• You may only upload content that you own or have permission to share
• Content must be related to pickleball and appropriate for all ages
• No offensive, harmful, threatening, abusive, or otherwise objectionable content
• No content that infringes on intellectual property rights
• No spam, misleading content, or commercial solicitations

License Grant

By uploading content to PlayVicious, you grant us a non-exclusive, worldwide, royalty-free license to use, reproduce, modify, display, and distribute your content in connection with our Services and marketing activities. You retain ownership of your content.

Vicious Points

Vicious Points earned through PlayVicious have no cash value and cannot be transferred or exchanged for currency. We reserve the right to modify the points system, including point values and redemption options, at any time.

We sell BodyBags hydration products and may offer additional products through our Services. All purchases are subject to the following terms:

Pricing & Availability

All prices are listed in U.S. dollars and are subject to change without notice. We reserve the right to limit quantities and refuse any order. Product availability is not guaranteed.

Payment

You agree to provide accurate payment information and authorize us to charge your payment method for all purchases made through your account. All sales are final unless otherwise specified in our return policy.

Shipping

We currently ship within the United States. Shipping times and costs vary by location and are calculated at checkout. Risk of loss transfers to you upon delivery to the carrier.

You agree not to use our Services to:

• Violate any applicable laws or regulations
• Infringe on the rights of others, including intellectual property rights
• Harass, abuse, or harm other users
• Transmit viruses, malware, or other harmful code
• Attempt to gain unauthorized access to our systems or other users' accounts
• Interfere with or disrupt the operation of our Services
• Use automated systems (bots, scrapers, etc.) without our express permission
• Manipulate voting, rankings, or other engagement metrics
• Impersonate any person or entity
• Engage in any fraudulent or deceptive activities

All content and materials available through our Services, including but not limited to text, graphics, logos, icons, images, audio clips, video clips, software, and data compilations, are the property of Vicious Pickleball Labs or our licensors and are protected by intellectual property laws.

The "Vicious Pickleball Labs," "BodyBags," "PlayVicious," and related names, logos, and slogans are trademarks of Vicious Pickleball Labs. You may not use these marks without our prior written permission.

Your privacy is important to us. Our collection and use of personal information is governed by our Privacy Policy, which is incorporated into these Terms by reference. By using our Services, you consent to the practices described in our Privacy Policy.

Our Services may contain links to third-party websites or integrate with third-party services (e.g., payment processors, social media platforms, analytics providers). We are not responsible for the content, privacy practices, or actions of these third parties. Your interactions with third-party services are governed by their respective terms and policies.

Disclaimer of Warranties

OUR SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT OUR SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE.

Health Disclaimer

Our hydration products are dietary supplements and are not intended to diagnose, treat, cure, or prevent any disease. Consult your healthcare provider before starting any new supplement regimen, especially if you have medical conditions or take medications.

Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, VICIOUS PICKLEBALL LABS AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING FROM OR RELATED TO YOUR USE OF OUR SERVICES. OUR TOTAL LIABILITY SHALL NOT EXCEED THE AMOUNT YOU PAID US IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM.

You agree to indemnify, defend, and hold harmless Vicious Pickleball Labs and its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses (including reasonable attorneys' fees) arising from or related to your use of our Services, your violation of these Terms, or your violation of any rights of another party.

We may suspend or terminate your access to our Services at any time, with or without cause, and with or without notice. Upon termination, your right to use our Services will immediately cease. Provisions of these Terms that by their nature should survive termination shall survive, including ownership provisions, warranty disclaimers, indemnification, and limitations of liability.

These Terms shall be governed by and construed in accordance with the laws of the State of California, without regard to its conflict of law provisions. You agree to submit to the personal and exclusive jurisdiction of the state and federal courts located in California for resolution of any disputes.

Before filing a claim, you agree to attempt to resolve any dispute informally by contacting us. If we cannot resolve the dispute within 30 days, either party may proceed with formal proceedings.

We reserve the right to modify these Terms at any time. We will notify you of material changes by posting the updated Terms on our website and updating the "Last updated" date. Your continued use of our Services after any modifications constitutes acceptance of the updated Terms.

• Entire Agreement: These Terms, together with our Privacy Policy, constitute the entire agreement between you and Vicious Pickleball Labs regarding our Services.
• Severability: If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions shall continue in full force and effect.
• Waiver: Our failure to enforce any provision of these Terms shall not constitute a waiver of that provision.
• Assignment: You may not assign your rights under these Terms without our prior written consent. We may assign our rights without restriction.

By providing your mobile phone number and opting in, you consent to receive promotional and transactional text messages from Vicious Pickleball Labs at the phone number provided. Consent is not a condition of purchase.

• Message frequency varies (up to 10 messages per month for marketing; transactional messages as needed)
• Message and data rates may apply
• Carriers are not liable for delayed or undelivered messages
• Text STOP to cancel at any time
• Text HELP for help
• Supported carriers: AT&T, T-Mobile, Verizon, Sprint, and most major carriers

You must be 18 years or older (or have parental consent) to opt in to text messages.

For support, contact: support@viciouspickleball.com