Terms and Conditions

These Terms and Conditions ("Terms") are a legal agreement between you and the company named in Section 1 ("Ikata," "we," "us"). They cover your use of the Ikata mobile app, website and related services (together, the "Services"). By creating an account or using the Services, you agree to these Terms, the Ikata Rules & Guidelines and the Ikata Privacy Policy. If you do not agree, do not use Ikata.

PLEASE READ CAREFULLY

• Ikata involves real physical activity at real places. Section 6 explains the risks you accept.
• Points, badges and rankings have no cash value (Section 5).
• Sections 16 to 19 limit our liability and explain how disputes are resolved.

1. Who we are

Company legal name: Ikata LLC
Contact email: app@i-k-a-t-a.com

2. Eligibility

• You must be at least 13 years old, or older if your country requires it, to use Ikata.
• If you are under 18, a parent or legal guardian must agree to these Terms on your behalf and is responsible for your use of Ikata.
• You may not use Ikata if we have previously banned you, or if the law prohibits you from using it.

3. Your account

• Give us accurate information, including your real city, and keep it up to date.
• You may have only one Ikata account. Accounts are personal and cannot be sold or transferred.
• Keep your login details secure. You are responsible for activity on your account, and you must tell us promptly if you think someone else has used it.
• We may reclaim or change usernames and team @handles that are offensive, impersonate someone, infringe someone else's rights, or are inactive for a long time.

4. Rules & Guidelines

The Ikata Rules & Guidelines are part of these Terms. They set out how check-ins, points, badges, events, tournaments, venue submissions and fair play work, and the penalties for breaking them. We may update them as described in Section 21. If the Rules & Guidelines and these Terms conflict, these Terms control.

5. Check-ins, points and rankings

• A check-in must reflect that you were physically present at the venue and took part in the sport you selected.
• Points, streaks, badges, rankings, team records and other in-app items have no cash value. They cannot be sold, transferred, or exchanged for money, and they are not your property.
• We may adjust, remove or reset points, badges, rankings or check-ins to correct errors, enforce the Rules & Guidelines, or change how scoring works.
• Leaderboards may not be accurate in real time, and we do not guarantee that every check-in will be verified.

6. Physical activity and safety

Sport and exercise involve a risk of injury, illness and, in rare cases, death. Your participation in any activity you do while using Ikata is voluntary, and you are responsible for your own safety. In particular:

• Consult a doctor before starting a new exercise program, especially if you have a medical condition. Ikata does not give medical or fitness advice.
• Ikata does not own, operate, inspect, maintain or supervise any venue. You are responsible for judging whether a venue, its equipment and the conditions are safe.
• Venue information comes from users and public sources such as OpenStreetMap and may be wrong or out of date, including whether a venue is open, public or still exists.
• Follow venue rules, posted hours and local laws. Do not trespass or enter private property to check in.
• Do not use Ikata while driving, or in any way that distracts you from your surroundings.
• Ikata does not screen users. Take sensible precautions when meeting or playing with people you know only through the app.

To the fullest extent the law allows, you accept these risks, and Ikata is not responsible for injury, loss or damage arising from your physical activities or your visits to venues.

7. Events, tournaments and prizes

• Events and tournaments are run under the Rules & Guidelines and any additional rules published for them.
• Prizes for sponsored events are set and funded by the event organizer, who is responsible for delivering them, for eligibility rules, and for complying with laws that apply to contests and promotions. Ikata issues digital badges and in-app recognition only.
• We may change, suspend or cancel any event or tournament, and disqualify participants who break the rules.
• Winners are responsible for any taxes on prizes they receive.
• Joining an organization or sponsored event means some of your information is shared with its organizer, as described in the Privacy Policy.

8. Teams and Arcade

• Team names, @handles and emoji must follow Section 11. The team's creator is its captain and is responsible for team registration.
• Team records are permanent and stay with the team when players leave or join.
• Arcade games, including Rock Paper Scissors, are for entertainment only. You may not wager money or anything of value on any game.
• We may correct, void or replay matches affected by errors, outages or rule breaches.

9. Subscriptions and payments

• Some features require a paid subscription. Prices and what each plan includes are shown in the app before you buy.
• Subscriptions are bought through the Apple App Store or Google Play and are also governed by their terms.
• Subscriptions renew automatically at the end of each period, at the then-current price, until you cancel. Cancel at least 24 hours before the period ends, in your App Store or Google Play account settings. Deleting the app does not cancel a subscription.
• If a free trial is offered, it converts to a paid subscription at the end of the trial unless you cancel first.
• Refunds are handled by Apple or Google under their policies. Except where the law requires otherwise, we do not give refunds or credits for partial periods.
• We may change subscription prices. We will tell you in advance, and the new price applies from your next renewal.
• Your subscription level does not affect tournament or leaderboard scoring.

10. Your content

You keep ownership of the content you submit, such as profile details, team names, messages and venue submissions ("Your Content"). You grant Ikata a worldwide, non-exclusive, royalty-free license, with the right to sublicense to our service providers, to host, store, reproduce, adapt for display, publish and distribute Your Content in order to operate, promote and improve the Services. Because venue submissions become part of the shared Ikata map, the license for venue submissions is perpetual and irrevocable.

You confirm that you have the rights needed to submit Your Content and that it does not break the law or these Terms. We may remove any content at our discretion. If you send us feedback or ideas, we may use them freely without paying you.

11. Prohibited conduct

You must not:

• Fake your location in any way, including with GPS spoofing apps, mock-location settings or VPNs, or check in anywhere you are not physically present.
• Create more than one account, share an account, or use a new account to get around a suspension or ban.
• Submit fake or duplicate venues, or select a sport you are not actually playing.
• Buy, sell or trade accounts, check-ins, points or leaderboard positions.
• Harass, threaten, bully or impersonate anyone, or post hateful, sexually explicit, violent or illegal content.
• Send spam or unsolicited commercial messages.
• Use bots, scripts, scrapers or other automated means to access or use Ikata.
• Reverse engineer, decompile, disrupt or try to gain unauthorized access to Ikata or its systems.
• Take advantage of bugs or exploits to gain an advantage. Please report them to us instead.
• Infringe anyone's intellectual property or privacy rights, or use Ikata for any illegal purpose.

12. Enforcement and termination

We may investigate suspected violations and apply the penalties in the Rules & Guidelines, including warnings, removing content or check-ins, deducting points, suspending accounts and permanent bans. We may also suspend or end your access to Ikata if we reasonably believe you have broken these Terms, or if required by law.

You may stop using Ikata and delete your account at any time. When your account ends, you lose access to your points, badges, rankings and subscription features. Sections 5, 10, and 13 to 22 survive the end of your account.

13. Ikata's intellectual property

Ikata and its licensors own the Services, including the app, software, designs, games, logos and the Ikata name. Subject to these Terms, we grant you a limited, personal, non-exclusive, non-transferable, revocable license to use the app on devices you own or control, for personal and non-commercial use. Map data is © OpenStreetMap contributors and is used under the Open Database License.

14. Copyright complaints

If you believe content on Ikata infringes your copyright, send a notice to the contact email in Section 1. Include: your contact details; a description of the copyrighted work; where the material appears on Ikata; a statement that you believe in good faith the use is not authorized; a statement, under penalty of perjury, that your notice is accurate and that you are the owner or authorized to act for the owner; and your physical or electronic signature. We may close the accounts of repeat infringers.

15. Third-party services

Ikata relies on and links to services we do not control, such as app stores, map providers, cloud providers and event organizers. We are not responsible for their content, products or practices, and your use of them is governed by their own terms.

16. Disclaimers

THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE." TO THE FULLEST EXTENT THE LAW ALLOWS, IKATA DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. WE DO NOT GUARANTEE THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT LOCATION VERIFICATION WILL ALWAYS WORK, OR THAT VENUE INFORMATION IS ACCURATE, SAFE OR UP TO DATE.

17. Limitation of liability

TO THE FULLEST EXTENT THE LAW ALLOWS, IKATA AND ITS OFFICERS, EMPLOYEES, PARTNERS AND SUPPLIERS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF DATA, PROFITS, POINTS, BADGES OR RANKINGS, ARISING FROM OR RELATED TO THE SERVICES. OUR TOTAL LIABILITY FOR ALL CLAIMS RELATED TO THE SERVICES WILL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID IKATA IN THE 12 MONTHS BEFORE THE CLAIM AROSE OR (B) US$100.

Some jurisdictions do not allow certain warranties or liabilities to be excluded or limited, so some of Sections 16 and 17 may not apply to you. Nothing in these Terms limits liability that cannot be limited by law, such as liability for death or personal injury caused by negligence where that is prohibited.

18. Indemnity

To the extent the law allows, you agree to defend, indemnify and hold harmless Ikata and its officers, employees and partners from claims, losses and expenses (including reasonable legal fees) arising from Your Content, your breach of these Terms, or your misuse of the Services.

19. Governing law and disputes

If you have a concern, please contact us first. Most issues can be resolved quickly, and we ask that you give us 30 days to try to resolve a dispute informally before starting legal proceedings.

These Terms are governed by the laws of the state named below, without regard to its conflict-of-law rules. Any dispute that is not resolved informally will be decided exclusively by the state or federal courts in the location named below, and you and Ikata consent to their jurisdiction. Either party may bring an eligible claim in small claims court instead.

Governing law (state): Texas
Courts located in (county, state): Texas

If you live in the European Union, the United Kingdom or another country with mandatory consumer protections, you keep those protections and may bring claims in the courts where you live.

20. Apple App Store terms

If you downloaded Ikata from the Apple App Store: these Terms are between you and Ikata, not Apple, and Ikata alone is responsible for the app. Apple has no obligation to provide maintenance or support. If the app fails to meet an applicable warranty, you may notify Apple, which will refund the purchase price (if any); Apple has no other warranty obligation. Apple is not responsible for any claims relating to the app, including product liability, legal compliance or intellectual property claims. You confirm that you are not in a country subject to a U.S. government embargo and are not on any U.S. government list of prohibited or restricted parties. Apple and its subsidiaries are third-party beneficiaries of these Terms and may enforce them against you.

21. Changes to these Terms

We may update these Terms or the Rules & Guidelines from time to time. If we make material changes, we will tell you in the app or by email before they take effect. By continuing to use Ikata after the changes take effect, you accept them. If you do not agree, stop using Ikata and delete your account.

22. General

These Terms, the Rules & Guidelines and the Privacy Policy are the entire agreement between you and Ikata about the Services. If any part of these Terms is found unenforceable, the rest stays in effect. Our failure to enforce a provision is not a waiver. You may not transfer these Terms without our consent; we may transfer them in connection with a merger, acquisition or sale of assets. We are not liable for delays or failures caused by events beyond our reasonable control. Nothing in these Terms creates a partnership, employment or agency relationship. Headings are for convenience only.

23. Contact us

Questions about these Terms can be sent to:

Company legal name: Ikata LLC
Contact email: app@i-k-a-t-a.com