Terms of Service

Effective date: September 14, 2026

These Terms of Service ("Terms") are a legal agreement between you and Imagine Mobile, Inc. ("DinkNSync", "we", "us", or "our") governing your use of the DinkNSync mobile application and related services (the "App").

By downloading, installing, or using the App, you agree to these Terms. If you do not agree, do not use the App.

1. Eligibility

You must be at least 13 years old to use the App. If you are under the age of majority where you live, you may use the App only with the involvement of a parent or legal guardian who agrees to these Terms on your behalf. By using the App you represent that you meet these requirements.

2. Your account

• You may use the App as a guest, with all data stored only on your device, or create an account to back up and sync your data across devices.
• You are responsible for keeping your login credentials confidential and for all activity that occurs under your account.
• Provide accurate information and keep it current. Tell us promptly at support@dinknsync.com if you believe your account has been accessed without your permission.
• One person per account. Do not share, sell, or transfer your account.

3. License to use the App

Subject to these Terms, we grant you a limited, personal, non-exclusive, non-transferable, non-sublicensable, revocable license to install and use the App on devices you own or control, for your personal, non-commercial use. All rights not expressly granted are reserved.

4. Acceptable use

You agree not to:

• Use the App for any unlawful purpose, or in violation of these Terms or any applicable law;
• Reverse engineer, decompile, disassemble, or attempt to derive the source code of the App, except to the extent this restriction is prohibited by applicable law;
• Copy, modify, distribute, sell, lease, or create derivative works from the App;
• Interfere with or disrupt the App or its servers, circumvent any security or rate limiting, or attempt to gain unauthorized access to any system, account, or data;
• Use automated means to access the App or extract data from it at scale;
• Enter content that is unlawful, infringing, defamatory, or harmful, or that you do not have the right to submit;
• Use the App to build a competing product or service.

5. Your content

You retain ownership of the content you enter into the App, such as player names, match records, and notes ("Your Content"). You grant us a worldwide, non-exclusive, royalty-free license to host, store, copy, transmit, process, and display Your Content solely for the purpose of operating and providing the App to you — including backing it up and syncing it to your devices. This license ends when you delete the content or your account, subject to the backup retention period described in our Privacy Policy.

You are responsible for Your Content, including having any permission needed to record another person's name and results. We do not claim ownership of Your Content and we do not use it to train models, sell it, or display it to other users.

6. Ratings and statistics

The App calculates a DinkNSync rating and related statistics from the matches you record. This rating is our own estimate, generated by our own algorithm, for your personal interest and convenience only. It:

• is only as accurate as the matches you choose to enter;
• is not an official, sanctioned, or verified rating;
• is not a DUPR rating and carries no relationship to one; and
• should not be relied on for tournament seeding, eligibility, wagering, or any other consequential decision.

DinkNSync is not affiliated with, endorsed by, or connected to DUPR (Dynamic Universal Pickleball Rating), USA Pickleball, or any other rating body or sanctioning organization. We may change how the rating is calculated at any time, which may cause ratings to move.

7. Tournament listings and third-party services

The App displays tournament information gathered from public sources and third-party providers, and links out to organizer and registration websites. We provide this as a convenience and make no promises about the accuracy, completeness, availability, pricing, or current status of any listing. Always confirm details with the organizer before registering or traveling.

Third-party sites and services are operated by others and governed by their own terms and privacy policies. We do not control them and are not responsible for them, for any transaction you enter into with them, or for any loss arising from them. Listing a tournament, organizer, or platform in the App does not imply any affiliation with or endorsement of it.

8. Availability, changes, and updates

We may add, change, suspend, or discontinue any part of the App at any time. The App may also update itself, including through over-the-air updates, to deliver fixes and improvements. We are not liable to you for any modification, suspension, or discontinuation of the App or any feature.

9. Fees

The App is currently free to use. If we introduce paid features in the future, we will make the terms and prices clear before you are charged, and any purchase will be handled through the Apple App Store or Google Play under their terms.

10. Intellectual property

The App — including its software, design, text, graphics, logos, and the DinkNSync name and marks — is owned by Imagine Mobile, Inc. or its licensors and is protected by copyright, trademark, and other laws. Except for the limited license in section 3, these Terms grant you no rights in our intellectual property. You may not use our name or logo without our prior written permission.

If you send us feedback, suggestions, or ideas about the App, you grant us an unrestricted, perpetual, royalty-free right to use them without obligation or compensation to you.

11. Disclaimers

THE APP IS PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE APP WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, THAT RATINGS OR STATISTICS WILL BE ACCURATE, OR THAT DATA WILL NOT BE LOST OR CORRUPTED. YOU ARE RESPONSIBLE FOR KEEPING YOUR OWN RECORDS OF ANYTHING IMPORTANT TO YOU. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO SOME OF THESE EXCLUSIONS MAY NOT APPLY TO YOU.

12. Limitation of liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IMAGINE MOBILE, INC. AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF DATA, PROFITS, REVENUE, OR GOODWILL, ARISING OUT OF OR RELATING TO YOUR USE OF OR INABILITY TO USE THE APP, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

OUR TOTAL AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE APP WILL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID US IN THE TWELVE MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM, OR (B) USD $50.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO SOME OF THE ABOVE MAY NOT APPLY TO YOU. NOTHING IN THESE TERMS LIMITS LIABILITY THAT CANNOT BE LIMITED BY LAW, INCLUDING FOR FRAUD, DEATH, OR PERSONAL INJURY CAUSED BY NEGLIGENCE.

13. Indemnification

You agree to indemnify, defend, and hold harmless Imagine Mobile, Inc. and its officers, directors, employees, and agents from any claims, liabilities, damages, losses, and expenses (including reasonable legal fees) arising out of or related to your use of the App, Your Content, or your violation of these Terms or of any law or third-party right.

14. Termination

You may stop using the App at any time and delete your account from Settings, or through our account deletion page. We may suspend or terminate your access if you materially breach these Terms, if required by law, or if we discontinue the App. On termination, your license under section 3 ends. Sections that by their nature should survive — including sections 5 (as to the backup window), 10, 11, 12, 13, 16, and 17 — will survive.

15. Apple App Store additional terms

If you obtained the App from the Apple App Store, the following apply and prevail over any conflicting term in these Terms:

1. Acknowledgement. These Terms are between you and Imagine Mobile, Inc. only, not with Apple. Apple is not responsible for the App or its content.
2. Scope of license. Your license is limited to a non-transferable license to use the App on any Apple-branded device that you own or control, as permitted by the Usage Rules in the Apple Media Services Terms and Conditions.
3. Maintenance and support. We are solely responsible for providing any maintenance and support for the App. Apple has no obligation to furnish any maintenance or support services.
4. Warranty. In the event of any failure of the App to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price (if any) for the App. To the maximum extent permitted by law, Apple has no other warranty obligation whatsoever with respect to the App.
5. Product claims. We, not Apple, are responsible for addressing any claims relating to the App, including product liability claims, any claim that the App fails to conform to a legal or regulatory requirement, and claims arising under consumer protection or similar legislation.
6. Intellectual property claims. In the event of a third-party claim that the App infringes that party's intellectual property rights, we, not Apple, will be solely responsible for the investigation, defense, settlement, and discharge of that claim.
7. Legal compliance. You represent that you are not located in a country subject to a U.S. Government embargo or designated as a "terrorist supporting" country, and that you are not listed on any U.S. Government list of prohibited or restricted parties.
8. Third-party beneficiary. Apple and its subsidiaries are third-party beneficiaries of these Terms and, upon your acceptance, will have the right to enforce them against you.

If you obtained the App from Google Play, you also agree to the Google Play Terms of Service, and Google is not responsible for the App or its support.

16. Governing law and disputes

These Terms are governed by the laws of the State of Delaware, United States, without regard to its conflict-of-laws rules, and excluding the United Nations Convention on Contracts for the International Sale of Goods.

Let's talk first. If you have a problem, email support@dinknsync.com with a description of it. We will try in good faith to resolve it informally, and we ask that you give us 30 days to do so before starting formal proceedings.

If we can't resolve it, you and we agree that any dispute will be brought exclusively in the state or federal courts located in Delaware, and you and we consent to personal jurisdiction there. Nothing in this section prevents either party from seeking injunctive relief in any court of competent jurisdiction.

If you are a consumer resident in the European Union, the United Kingdom, or another jurisdiction whose law gives you the right to bring proceedings in your local courts or to the protection of mandatory consumer law, that right is not affected by this section.

17. General

• Entire agreement. These Terms and the Privacy Policy are the entire agreement between you and us about the App.
• Severability. If any provision is found unenforceable, it will be limited or removed to the minimum extent necessary and the rest will remain in effect.
• No waiver. Our failure to enforce a provision is not a waiver of our right to do so later.
• Assignment. You may not assign these Terms without our written consent. We may assign them in connection with a merger, acquisition, or sale of assets.
• Changes. We may update these Terms. We will post the updated version here with a new effective date and, if the changes are material, notify you in the App or by email before they take effect. Continuing to use the App after changes take effect means you accept them.

18. Contact

DinkNSync — Imagine Mobile, Inc.
Email: support@dinknsync.com

DinkNSync is an independent app. It is not affiliated with, endorsed by, or sponsored by USA Pickleball, the PPA, APP, Exposure Events, DUPR, or any tournament, organizer, or rating system referenced in the App. All trademarks are the property of their respective owners.