Effective Date: Nov 25, 2024

SportMingle LLC Terms Of Service

1. Account terms

1.1 Introduction

• Welcome to SportMingle LLC (“we,” “our,” or “us”). By accessing or using our website https:www.sportmingle.com, products, and services, you agree to these Terms and Conditions (“Terms”). If you do not agree, you may not access or use our services.

1.2 Eligibility

• You must be at least 18+ years old or the age of majority in your jurisdiction to use our services. By accessing our services, you confirm that you meet these eligibility requirements.

1.3 Account Registration

• To use our services, you must create an account by providing your full legal name, current address, phone number, valid email address, and any other required information. We reserve the right to reject or terminate any account at our sole discretion.

1.3 Use of Services

• You agree to use our services only for lawful purposes and in compliance with these Terms.
• You will not engage in any activity that disrupts or interferes with our services. We(SportMingle) are not liable for any loss or damage resulting from unauthorized access due to inadequate security measures.
• Unauthorized use of our services may result in termination of access.

1.4 Intellectual Property

• All content on our website, including text, graphics, logos, images, and software, is owned by or licensed to SportMingle LLC and protected by applicable copyright and intellectual property laws. You may not reproduce, distribute, or create derivative works without our prior written consent.

1.5 User Accounts

• You may need to create an account to access certain features of our services.
• You are responsible for maintaining the confidentiality of your account and password.
• Notify us immediately if you suspect unauthorized access to your account.

1.6 Limitation of Liability

• To the maximum extent permitted by law, SportMingle LLC is not liable for any indirect, incidental, or consequential damages arising from your use of our services.

1.7 Compliance & Termination

• We reserve the right to terminate or suspend your access to our services at our discretion, without prior notice, for violations of these Terms.

1.8 Governing Law

• These Terms are governed by the laws of Missouri.. Any disputes will be resolved in the courts of Missouri.

1.9 Changes to Terms

• We reserve the right to update these Terms at any time. We will notify you of significant changes via email or through our website.

1.10. Contact Us

• If you have any questions about our Cookies Policy, please contact us at: privacy@sportmingle.com

1.11. Features/capabilities

• Some features mentioned on the main page are not yet available. We are continuously building as we grow

2. Stripe - Terms and Policies

2.1 Stripe Account for payments

• Third-Party Payment Processor
  We use Stripe as our third-party payment processor to facilitate financial transactions. By using our services, you agree to create and maintain a Stripe account, which will serve as your default payment gateway for processing payments.
• Account Responsibility
  As the account owner, you are solely responsible for activating, managing, and maintaining your Stripe account. Any issues related to the setup, operation, security, or compliance of your Stripe account must be addressed directly with Stripe.
• Transaction Handling
  All payments, refunds, chargebacks, and disputes are processed through Stripe in accordance with their terms and policies. We are not liable for any errors, delays, or losses arising from transactions processed via Stripe.
• Compliance with Stripe’s Terms
  Your use of Stripe is subject to Stripe’s Terms of Service, and you are required to comply with all applicable policies. We do not control Stripe’s services and are not responsible for their performance, availability, or security measures.
• Account Deactivation
  If you choose to deactivate your Stripe account, you are responsible for ensuring that all pending transactions are completed. Deactivating your Stripe account may impact your ability to use our services for payments.
• Liability Disclaimer
  We are not responsible for any fees, penalties, or liabilities incurred through Stripe. Any disputes regarding transactions must be resolved directly with Stripe.

2.2 Stripe Pricing & Fees

• Transaction Fees
  Payments processed through Stripe are subject to transaction fees as determined by Stripe. These fees may vary based on transaction type, currency, location, and other factors. You acknowledge and agree that you are responsible for all applicable Stripe fees associated with your transactions.
• Additional Charges
  Stripe may impose additional charges for certain services, including but not limited to chargebacks, refunds, currency conversions, and disputed transactions. You are solely responsible for covering any such fees.
• Fee Updates
  Stripe reserves the right to modify its pricing structure at any time. Any changes to Stripe’s fees will be subject to Stripe’s policies, and it is your responsibility to review and comply with the latest pricing terms.
• Deductions & Payouts
  All applicable Stripe fees are deducted before funds are transferred to your designated bank account. We do not control Stripe’s fee deduction process and are not responsible for any discrepancies.
• No Refunds from Us
  Any disputes regarding Stripe’s fees must be addressed directly with Stripe. We do not provide refunds or reimbursements for transaction fees incurred through Stripe.
• Taxes & Compliance
  You are responsible for determining and fulfilling any tax obligations related to payments processed through Stripe. We do not collect or remit taxes on your behalf unless required by law.

• For Cards and Wallets:
  • 2.9% + 30¢
  • + 0.5% for manually entered cards
  • + 1.5% for international cards
  • + 1% if currency conversion is required
• Payment Link:
  • 2.9% + 30¢
• Bank Debit and Transfers:
  • 0.8% ACH Direct Debit ($5.00 cap)
• Buy Now Pay Later:
  • 5.99% + 30¢
• Stripe Terminal:
  • 2.7% + 5¢

2.3. Stripe Account for payments

Stripe Connect Account Terms and Conditions

Use of Stripe Connect
Our platform integrates with Stripe Connect to facilitate payment processing. By using our services, you agree to create and maintain a Stripe Connect account, which is required for processing transactions on our platform.

• Account Ownership & Responsibility

• You acknowledge that your Stripe Connect account is separate from our platform, and all financial transactions are governed by Stripe’s Terms of Service.
• Any issues related to account verification, security, or transaction processing must be resolved directly with Stripe.

• Compliance with Stripe’s Policies

• By using Stripe Connect, you agree to comply with Stripe’s Terms of Service, Connect Platform Agreement, and Payment Processing Agreement.
• You must provide accurate and up-to-date business and tax information as required by Stripe for compliance purposes.
• Failure to comply with Stripe’s policies may result in the suspension or termination of your account and payment processing capabilities.

• Payouts & Fee Deductions

• All funds collected through Stripe Connect are subject to Stripe’s processing fees, which are deducted before payouts.
• Stripe handles all payouts directly to your designated bank account according to their payout schedule.
• We are not responsible for any payout delays, holds, or disputes initiated by Stripe.

• Chargebacks & Disputes

• You are responsible for handling all chargebacks, disputes, and refunds associated with transactions processed through Stripe Connect.
• Any fees or penalties imposed by Stripe due to chargebacks or compliance issues are solely your responsibility.

• Account Suspension & Termination

• If Stripe suspends or terminates your Stripe Connect account, you may be unable to process payments on our platform.
• We are not liable for any losses resulting from the suspension or termination of your Stripe Connect account.

• Taxes & Reporting

• You are responsible for reporting and paying any taxes related to payments received through Stripe Connect.
• Stripe may provide tax documentation (e.g., 1099 forms for U.S. users) where applicable, but it remains your responsibility to comply with tax laws in your jurisdiction.

• Third-Party Service Disclaimer

• Stripe Connect is a third-party service and is not owned or controlled by us.
• We do not guarantee the availability, performance, or security of Stripe Connect and are not responsible for any service interruptions or issues related to Stripe.

3. General Conditions

Before using our services, you must read, understand, and agree to all the terms outlined in these Terms of Service, including our Privacy Policy. By becoming a member, you acknowledge and accept these terms in full.

• Technical Support: Support services are available exclusively to paying account holders and are provided via email, or phone, depending on your billing plan.
  
  
• Governing Law & Jurisdiction: These Terms of Service shall be governed and interpreted in accordance with the laws of the State of Missouri and applicable United States federal laws, without regard to conflict of law principles. Any disputes or claims related to these terms shall be subject to the exclusive jurisdiction of the courts in the State of Missouri. The United Nations Convention on Contracts for the International Sale of Goods does not apply and is expressly excluded.
  
  
• Amendments & Updates: We reserve the right to modify these Terms of Service at any time by posting the updated version on our website at https://sportmingle.com/. Changes take effect upon posting. Your continued use of our services after updates are published constitutes your acceptance of the revised terms. If you do not agree to the changes, you must discontinue use of the services.
  
  
• Legal & Compliance Obligations: You may not use our services for any unlawful or unauthorized purpose. This includes, but is not limited to, violating copyright laws, intellectual property rights, or any applicable regulations in your jurisdiction, your customers’ jurisdiction, or under United States and Missouri law. You agree to comply with all relevant laws while using our services.
  
  
• Restrictions on Use: You may not copy, reproduce, sell, resell, distribute, or exploit any part of our services without our express written permission. Additionally, you are prohibited from purchasing search engine keywords (e.g., Google Ads) or domain names that use our trademarks, variations, or misspellings.
  
  
• Privacy Policy: Your use of our services, including any data transmitted or stored, is governed by our Privacy Policy, available at https://sportmingle.com/privacy_policy.html
  
  
• Contact Information: For any questions regarding these Terms of Service, please contact us at support@sportmingle.com
  
  

4. Payment OF Fees

The latest pricing information for our services can be found on our https://sportmingle.com/pricing.html which includes details specific to your country. SportMingle is dedicated to providing affordable solutions for sports organizers. 

You may also cancel your Subscription by sending an email to support@sportmingle.com Your access to paid features will remain active until the end of your current billing cycle. Refunds are not provided.

All plans, including Free and Pro, may include additional fees for online registration and referrals. These fees are a percentage of the registration amount you charge and vary by plan. 

Payment and Billing

By subscribing to our services, you agree to pay the applicable Subscription Fees along with any additional charges. Collectively, these fees are referred to as the Fees.

To ensure uninterrupted service, you must maintain a valid credit card on file. SportMingle will charge all Fees to the card you authorize ("Authorized Card") and will continue to do so until your Subscription is canceled and all outstanding Fees are paid. Unless otherwise specified, all Fees are in U.S. dollars and must be paid in U.S. currency.

Subscription Fees are billed in monthly or yearly intervals ("Billing Date") and appear on your invoice within the SportMingle. Users have approximately two weeks to raise any billing concerns.

If we are unable to process a payment using the Authorized Card, your Subscription will be suspended and your subscription will go on hold. You can restore your Subscription by paying the outstanding balance and the upcoming billing cycle's Fees. If the outstanding balance remains unpaid for 60 days, SportMingle reserves the right to terminate your account.

Taxes and Compliance

All Fees are exclusive of applicable taxes, including federal, state, and local sales taxes, which may be imposed now or in the future.

You are responsible for determining and remitting any applicable taxes related to your Subscription or SportMingle services. If SportMingle does not charge you taxes, you must assess whether taxes apply and remit them to the appropriate tax authorities.

5. Cancellation and Termination

You may cancel your account at any time by emailing support@sportmingle.com and following the provided instructions.

Upon termination of services by either party for any reason:

• Your access to SportMingle services will be revoked, and your account will be deactivated.
• Unless otherwise stated in our Terms of Service, all Fees paid are non-refundable, including pro-rata amounts.
• Any outstanding balance for services used up to the termination date will become immediately due.
• Your Club site will be made inactive

SportMingle reserves the right to modify or terminate your account or services at any time, without notice, for any reason.

Fraudulent Activity

If SportMingle suspects fraudulent activity associated with your account—whether due to conviction, settlement, or investigation—we may suspend or terminate your account without prior notice.

6. Modifications to Services and Pricing

SportMingle may adjust service prices with 30 days' notice, which will be communicated via announcements on the SportMingle website.

We reserve the right to modify or discontinue any part of our services at any time, with or without notice.

SportMingle is not liable to you or any third party for service modifications, price changes, suspensions, or discontinuation of the service.

7. Third-Party Services

In addition to these Terms of Service, you agree to abide by any additional service-specific terms that apply to services you purchase from or receive through SportMingle  partners or other third parties.

From time to time, SportMingle may recommend, provide access to, or enable third-party software, applications ("Apps"), products, services, or website links (collectively, "Third-Party Services") for your convenience. Your purchase, access, or use of any such Third-Party Services is solely between you and the respective third-party provider ("Third-Party Provider"). SportMingle is not responsible for these Third-Party Services, and your use of them is entirely at your own risk. It is your responsibility to review and accept the applicable terms and privacy policies before using any Third-Party Services. In some cases, SportMingle may receive a revenue share from Third-Party Providers it recommends.

SportMingle does not offer any warranties for Third-Party Services. We do not control these services and are not responsible for their functionality, security, or availability. The presence of Third-Party Services on SportMingle website or their integration with our Services does not imply endorsement, sponsorship, or affiliation. SportMingle cannot guarantee the continued availability of any Third-Party Services and reserves the right to disable access to them at any time without prior notice. We are not liable for any suspension, termination, or removal of such services.

If you enable or install a Third-Party Service for use with SportMingle, you authorize the relevant Third-Party Provider to access your data and take necessary actions for integration. Any data exchange or interaction between you and the Third-Party Provider is strictly between you and them. SportMingle is not responsible for any data disclosures, modifications, or losses resulting from the use of Third-Party Services.

Google Places API  is one such Third-Party Service integrated into SportMingle. Your use of this service is subject to Google's Maps and Earth Enterprise Universal Acceptable Use Policy, as amended by Google from time to time.

Under no circumstances shall SportMingle be liable for any direct, indirect, incidental, special, consequential, punitive, or exemplary damages arising from your use of Third-Party Services or any contractual relationship with a Third-Party Provider. These limitations apply to the fullest extent permitted by law.

You agree to indemnify and hold harmless SportMingle, its affiliates, partners, officers, directors, agents, employees, and suppliers from any claims, liabilities, or legal expenses (including reasonable attorneys' fees) arising from your use of Third-Party Services or dealings with Third-Party Providers.