Terms of Service

Last Updated: August 27, 2026

The following terms and conditions ("Terms of Service" or these "Terms") are a legal agreement between you ("you" or "User(s)") and Sideout ("Sideout," "we," or "us"), and govern your access to, and use of, the Sideout website, the Sideout mobile applications (collectively, the "App"), and any services offered by Sideout (collectively with the website and the App, the "Services").

By downloading the App, creating an account, or by accessing, browsing, or otherwise using the Services, you agree to be bound by these Terms and any related policies or guidelines, including any subsequent changes or modifications. If you do not agree to these Terms, do not access or continue to use the Services.

These Terms of Service include a class action waiver and require binding arbitration on an individual basis to resolve disputes.

These Terms of Service limit the remedies that may be available to you in the event of a dispute.

1. Registration

In order to access the Services you are required to register for an account ("Account"). In registering, you agree to (1) provide true, accurate, current and complete information about yourself; and (2) maintain and promptly update your information to keep it true, accurate, current and complete. You represent that you are (i) of legal age to form a binding contract; and (ii) not a person barred from using the Services under the laws of the United States, your place of residence, or any other applicable jurisdiction. You are responsible for all activities that occur under your Account. You may not share your Account or password with anyone, and you agree to notify Sideout immediately of any unauthorized use of your password or any other breach of security. If you provide any information that is untrue, inaccurate, not current or incomplete, Sideout has the right to suspend or terminate your Account and refuse any and all current or future use of the Services. You agree not to create an Account using a false identity or information, or on behalf of someone other than yourself. You agree not to create an Account or use the Services if you have been previously removed or banned by Sideout.

2. Sideout Services

The Sideout Services provide a digital platform to organize and manage recreational beach volleyball activities. Our Services can be used for various purposes, including among other things to organize and manage crews and teams, maintain rosters of players participating in sports activities along with associated information such as scores and performance at games or tournaments (the "Events"), and recorded media content such as photos. By using the Services, Users can use available features and functionality such as (i) crew and team management; (ii) game scheduling and scoring; (iii) tournament organization and bracket management; (iv) sharing photos and other content; (v) engaging with other Users through in-app features and notifications; and (vi) other features and functionality that may be made available through the Services. The Services may be used by tournament organizers (each an "Organizer"), team captains and managers, sports participants themselves (each a "Player"), or other members of a Player's crew. Sideout is not responsible for the practices of Organizers or teams that Sideout does not own or control.

3. Accessing Content Through the Service

You agree that you will only use the Services and any content you access through the Services for your own internal, personal, non-commercial use and not on behalf of or for the benefit of any third party, and only in a manner that complies with all laws that apply to you.

The materials displayed or performed or available on or through the Services, including but not limited to text, graphics, data, photos, images, and illustrations (all of the foregoing, the "Content") are protected by copyright and/or other intellectual property laws. You agree to abide by all copyright notices, trademark rules, information, and restrictions contained in any Content you access through the Services, and you will not use, copy, reproduce, modify, translate, publish, broadcast, transmit, distribute, perform, upload, display, license, sell, commercialize or otherwise exploit for any purpose any Content not owned by you, (i) without the prior consent of the owner of that Content or (ii) in a way that violates someone else's (including Sideout's) rights.

Subject to these Terms, we grant each User a worldwide, non-exclusive, non-sublicensable and non-transferable license to use Content solely for purposes of using the Services. Use, reproduction, modification, distribution or storage of any Content for any purpose other than using the Services is expressly prohibited without prior written permission from us.

Any information or Content publicly posted or privately transmitted through the Services is the sole responsibility of the person from whom such Content originated, and you access all such information and Content at your own risk. We are not liable for any errors or omissions in that information or Content or for any damages or loss you might suffer in connection with it. We cannot control and have no duty to take any action regarding how you may interpret and use the Content, and you hereby release us from all liability for you having acquired or not acquired Content through the Services.

4. Ownership

Sideout and its licensors own all rights, title, and interest in the Services and Content (including but not limited to any computer code, themes, artwork, animations, sounds, methods of operation, and documentation). You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Services or Content. You acknowledge and agree that you shall have no ownership or other property interest in your Account, and that all rights in and to your Account are and shall forever be owned by Sideout.

You agree that submission of any ideas, suggestions, documents, and/or proposals to Sideout ("Feedback") is at your own risk and that Sideout has no obligations with respect to such Feedback. You hereby grant to Sideout a fully paid, royalty-free, perpetual, irrevocable, worldwide, non-exclusive, and fully sublicensable right and license to use, reproduce, perform, display, distribute, adapt, modify, re-format, create derivative works of, and otherwise exploit in any manner, any and all Feedback.

5. User Content

Users can post, publish, store, display, and share with other Users information including pictures, team names, scores, and other content (collectively, "User Content"). You are legally responsible for all User Content uploaded, posted or stored through your Account. You are responsible for any User Content that may be lost or unrecoverable through your use of the Services. Sideout does not control the User Content posted via the Services and does not guarantee the accuracy, integrity or quality of such content.

Sideout reserves the right, in its sole discretion, without notice at any time, to (a) review the User Content posted via the Services; (b) edit, remove or refuse to post any User Content for any reason; (c) take any action with respect to any User Content that we deem necessary or appropriate, including if we believe that such User Content violates these Terms, infringes any intellectual property right, threatens the personal safety of users or the public, or could create liability for Sideout; (d) disclose your identity or other information about you to any third party who claims that material posted by you violates their rights; (e) disclose any information or materials as necessary to satisfy any applicable law, regulation, legal process or governmental request; (f) take appropriate legal action for any illegal or unauthorized use of the Services; and (g) terminate or suspend your access to the Services for any reason, including violation of these Terms.

Sideout claims no intellectual property rights over the User Content you provide to the Services. Your User Content remains yours. However, you grant to Sideout an irrevocable, worldwide, royalty-free license to (a) host, use, copy, store, distribute, publicly perform and display, modify, and create derivative works of such User Content as necessary to provide, improve and make the Services available to you and other users; (b) use and disclose metrics and analytics regarding the User Content in an aggregate or other non-personally identifiable manner; and (c) use any User Content that has been de-identified for any product development or research purpose.

You represent and warrant that: (1) you are the creator or own or control all rights in and to the User Content; (2) your User Content does not infringe, violate or misappropriate any third party right, including any copyright, trademark, privacy right, right of publicity or any other intellectual property or proprietary right, and does not defame any person; (3) your User Content does not contain any viruses, adware, spyware, worms or other harmful code; and (4) if your User Content contains the name, identity, likeness, or voice of third parties, you have obtained the appropriate consents.

If you post any User Content relating to a minor under the age of 13, you represent and warrant that either (1) you are the parent or guardian of such minor and consent to the use of such content by us consistent with the Terms, or (2) you have obtained verifiable consent from a parent or guardian of such minor. If we discover that content relating to a minor was posted without legally required consent, we will use reasonable efforts to remove it from the Services.

6. App Stores

You acknowledge and agree that the availability of the App is dependent on the third party from whom you received the App license, e.g., the Apple App Store or Google Play ("App Store"). You acknowledge that these Terms are between you and Sideout, and do not involve the App Store. Sideout, not the App Store, is solely responsible for the App, including the content thereof, maintenance, support services, and warranty therefor, and addressing any claims relating thereto. In order to use the App, you must have access to a wireless network, and you agree to pay all fees associated with such access. You agree to comply with, and your license to use the App is conditioned upon your compliance with, all applicable third-party terms of agreement when using the App. You acknowledge that the App Store and its subsidiaries are third-party beneficiaries of these Terms and will have the right to enforce them.

7. Privacy

Refer to Sideout's Privacy Policy to understand how Sideout collects, uses and discloses your personal information.

8. Your Liability and Indemnification

You are solely responsible for your activities on the Services, including all content that you submit or a third party submits on your behalf or using your account. You are solely responsible for your interaction with other Users, whether online or offline. We are not responsible or liable for the conduct of any User. We reserve the right, but have no obligation, to monitor or become involved in disputes between you and other Users.

You agree to indemnify Sideout and its owners, officers, employees, agents, successors and assigns against any and all third party claims, actions, demands, and all related losses, liabilities, damages, penalties, costs and expenses (including reasonable attorneys' fees) incurred by Sideout arising out of or related to: (a) any violation of law or regulation from your use of the Services; (b) any actual or alleged breach by you of any obligations, representations, or warranties under these Terms, including violations of the Conduct Policy; and (c) any actual or alleged infringement or misappropriation of the intellectual property rights of any third party by any User Content that you submit.

Sideout takes no responsibility for any damages, injuries or other consequences that occur from you using Sideout content or participating in activities organized through the Services. Many athletic activities, including beach volleyball, carry inherent risks of injury. You accept all responsibility and release Sideout from any liability arising out of or relating to your participation in any activities organized through the Services.

9. Trademarks

"Sideout" and Sideout's logos are trademarks or service marks of Sideout, and may not be copied, used or imitated, in whole or in part, without prior written permission. All page headers, graphics, icons, and scripts are service marks, trademarks, and/or trade dress of Sideout, and may not be copied, imitated, or used, in whole or in part, without prior written permission.

10. Links and Third-Party Content

Sideout or third parties may provide links on the Services to other sites or content. Sideout has no control over such sites or content, and expressly disclaims responsibility for the quality, content, nature or reliability of sites or content accessible through the Services. When you leave the Services, Sideout's terms and policies no longer govern. You should review applicable terms and policies, including the privacy and data gathering practices, of any third-party sites.

11. No Warranties

THE SERVICES AND CONTENT ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. YOU EXPRESSLY AGREE THAT USE OF THE SERVICES, INCLUDING ALL CONTENT OR DATA DISTRIBUTED BY, DOWNLOADED, OR ACCESSED FROM OR THROUGH THE SERVICES, IS AT YOUR SOLE RISK. SIDEOUT DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

SIDEOUT DOES NOT REPRESENT OR WARRANT THAT THE SERVICES AND CONTENT ARE ACCURATE, COMPLETE, CURRENT, RELIABLE OR ERROR-FREE. SIDEOUT IS NOT RESPONSIBLE FOR TYPOGRAPHICAL ERRORS OR OMISSIONS RELATING TO TEXT OR PHOTOGRAPHY.

Sideout Services are not guaranteed to preserve all User Content or information. You agree that you will not rely on the Services for purposes of storing the sole copy of any User Content that is important to you. We have no obligation to retain or provide you with copies of User Content. We will not be liable to you or any third party for any modification, suspension, or discontinuation of the Services or the loss of any User Content.

12. Limited Liability

IN NO EVENT SHALL SIDEOUT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES (INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS, OR LOSS OF DATA) WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE), EQUITY OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF OR INABILITY TO USE THE SERVICES OR RESULTING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF DATA.

SIDEOUT'S AGGREGATE LIABILITY FOR ANY ACTUAL AND DIRECT DAMAGES SHALL NOT EXCEED $100.

You acknowledge that the above limitation of liability is a reasonable allocation of risk for your use of the Services and is a fundamental element of the basis of the agreement between you and Sideout. Some jurisdictions do not allow the limitation or exclusion of certain warranties, conditions or damages, so some of the above exclusions may not apply to you.

13. Arbitration Agreement

All claims and disputes (excluding claims for injunctive or other equitable relief as set forth below) in connection with these Terms, or the use of any product or service provided by Sideout, that cannot be resolved informally or in small claims court shall be resolved by binding arbitration on an individual basis under this Section. This Arbitration Agreement applies to you and Sideout, and to any subsidiaries, affiliates, agents, employees, successors, and assigns.

Before either party may seek arbitration, the party must first send to the other party a written Notice of Dispute ("Notice") describing the nature and basis of the claim or dispute, and the requested relief. After the Notice is received, you and Sideout may attempt to resolve the claim or dispute informally. If the claim or dispute is not resolved within thirty (30) days after the Notice is received, either party may begin an arbitration proceeding.

Arbitration shall be initiated through the Judicial Arbitration and Mediation Services, Inc. ("JAMS"), or an agreed-upon alternative dispute resolution provider. The arbitration shall be conducted by a single, neutral arbitrator. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Each party shall bear its own costs and disbursements arising out of the arbitration and shall pay an equal share of the fees and costs of the ADR Provider.

THE PARTIES HEREBY WAIVE THEIR CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY, instead electing that all claims and disputes shall be resolved by arbitration under this Arbitration Agreement.

ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED OR LITIGATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS BASIS, AND CLAIMS OF MORE THAN ONE USER CANNOT BE ARBITRATED OR LITIGATED JOINTLY OR CONSOLIDATED WITH THOSE OF ANY OTHER USER.

This Arbitration Agreement will survive the termination of your relationship with Sideout. Notwithstanding the foregoing, either party may bring an individual action in small claims court, or seek emergency equitable relief before a state or federal court to maintain the status quo pending arbitration.

14. Conduct Policy

Any violation of this Conduct Policy may result in the suspension or termination of your access to the Services. Indirect or attempted violations of this policy, and actual or attempted violations by a third party on your behalf, shall be considered violations by you.

Prohibited Conduct:

System and Network Security:

You are prohibited from violating the security of any system or network comprising the Services. Such violations may result in criminal and civil liability. This includes unauthorized access to or use of data or systems, unauthorized monitoring of data or traffic, interference with the Services including denial of service attacks, and forging of any packet or message headers.

15. General Provisions

You hereby release Sideout and its successors from claims, demands, any and all losses, damages, rights, and actions of any kind, including personal injuries, death, and property damage, that is either directly or indirectly related to or arises from your use of the Services or any interaction between you and any other user of the Services. If you are a California resident, you hereby waive California Civil Code Section 1542.

These Terms, and your rights and obligations hereunder, may not be assigned, subcontracted, delegated or otherwise transferred by you without Sideout's prior written consent. Sideout shall not be liable for any delay or failure to perform resulting from causes outside its reasonable control, including but not limited to acts of God, war, terrorism, riots, fire, floods, accidents, or shortages of labor or materials.

These Terms and any action related thereto will be governed and interpreted by and under the laws of the State of California, consistent with the Federal Arbitration Act, without giving effect to any principles that provide for the application of the law of another jurisdiction.

Any waiver or failure to enforce any provision of these Terms on one occasion will not be deemed a waiver of any other provision or of such provision on any other occasion. If any provision of these Terms is held to be invalid or unenforceable, the other provisions will remain enforceable, and the invalid provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law.

These Terms are the final, complete and exclusive agreement of the parties with respect to the subject matter hereof and supersede all prior discussions between the parties.

Please note that these Terms are subject to change by Sideout at any time. When changes are made, Sideout will make a new copy of the Terms available within the App. We will also update the "Last Updated" date. Your continued use of the Services constitutes your acceptance of any changes.

16. Contact

If you have questions about these Terms, want to report any violations, or need to reach us for any reason, please contact us.