Terms of Service
Part 1: Core Terms
1. Acceptance of Terms
By downloading, installing, accessing, or using the Park Break mobile application ("App," "Service," or "Park Break"), you agree to be legally bound by these Terms of Service ("Terms"). These Terms constitute a binding legal agreement between you and Park Break. IF YOU DO NOT AGREE TO ALL OF THESE TERMS, DO NOT USE THE APP. Your continued use of Park Break constitutes your acceptance of these Terms and any future modifications. We reserve the right to update these Terms at any time. When we make changes, we will update the "Last Updated" date above and notify you through the App. Your continued use after such changes constitutes acceptance of the new Terms.
2. Eligibility
You must be at least 18 years of age to use Park Break. By accepting these Terms, you represent and warrant that: • You are at least 18 years old • You have the legal capacity to enter into this agreement • You are not prohibited from using the App under any applicable laws Park Break accounts are for adults only. Children may be present at events that welcome families, but they must be supervised by a parent or legal guardian at all times and may not create accounts or use the App themselves. The adult guardian is solely responsible for any child they bring to an event.
3. Description of Service
Park Break is a mobile application that helps users discover public parks, sports facilities, and community sporting events throughout the United States. The Service includes features such as: • Park discovery and mapping features • Sports facility information • Community event listings and creation • User profiles and social features • Tournament organization tools • Messaging and communication features Specific features may vary by release and may be added, modified, or removed at our discretion. Park Break is an information and coordination platform only. We do not own, operate, manage, or control any parks or facilities displayed in the App. We do not organize, supervise, or participate in any events or activities that users may arrange through the Service.
4. License to Use the App
Subject to your compliance with these Terms, Park Break grants you a limited, non-exclusive, revocable, non-transferable, non-sublicensable license to download, install, and use the App on devices you own or control, for your personal, non-commercial use. This license is provided for the sole purpose of using and enjoying the Service as permitted by these Terms. We may suspend or revoke this license at any time as described in Section 19 (Termination).
5. Subscriptions, Payments, and Advertising
Park Break is free to download and use. The free version of the App is supported by advertising served by our third-party advertising partners (see our Privacy Policy for details on advertising data practices). Park Break may offer optional paid subscription tiers (such as Player, Athlete, and Pro) with additional features and higher usage limits. If you purchase a subscription: • Payment is charged to your Apple App Store or Google Play account, and you authorize recurring charges for the plan you select • Subscriptions renew automatically unless cancelled before the renewal date through your app store account settings • Refunds are handled according to the applicable app store's refund policy • Price changes will be communicated in advance • A grace period of 3 days is provided for failed payments before your account is downgraded to the free tier
Part 2: User Obligations
6. Account Registration
To access certain features of Park Break, you must create an account. When registering, you agree to: • Provide accurate, current, and complete information • Maintain and promptly update your account information • Keep your login credentials secure and confidential • Notify us immediately of any unauthorized access to your account • Accept responsibility for all activities under your account You may only create one account per person. Accounts are non-transferable. We reserve the right to suspend or terminate accounts that violate these Terms or contain false information.
7. User Conduct and Community Guidelines
We believe that sports and outdoor recreation bring communities together. To maintain a positive environment for all users, you agree to conduct yourself with respect, integrity, and good sportsmanship at all times. You agree to: • Treat all fellow players, park visitors, and facility staff with courtesy and respect • Practice good sportsmanship—win gracefully and lose gracefully • Be inclusive and welcoming to players of all skill levels, backgrounds, and abilities • Communicate respectfully in all messages and event descriptions • Keep noise levels appropriate for shared public spaces • Leave park facilities in the same or better condition than you found them • Follow all posted park rules and regulations • Respect scheduled time slots and other users waiting to use facilities • Report inappropriate behavior or safety concerns through the App You agree NOT to: • Harass, threaten, intimidate, or bully any person • Engage in discriminatory behavior based on race, ethnicity, national origin, religion, gender, sexual orientation, age, disability, or any other protected characteristic • Use profane, vulgar, or offensive language in the App or at events • Engage in dangerous, reckless, or illegal activities • Vandalize, damage, or abuse park property or equipment • Create events for illegal purposes or activities • Misrepresent yourself, your skills, or your intentions • Spam, solicit, or advertise commercial services without authorization • Attempt to manipulate, deceive, or defraud other users • Interfere with or disrupt the App or its servers Violations of these guidelines may result in warnings, suspension, or permanent termination of your account at our sole discretion.
8. Prohibited Uses of the App
In addition to the community guidelines above, you agree that you will not, directly or indirectly: • Access or use the App through automated systems, bots, scripts, or scrapers, or extract, harvest, or copy data from the App (including park, facility, or event information) by automated means • Collect, harvest, or store personal information about other users, except as necessary to organize or participate in an event • Use information about event participants for any purpose other than organizing and running that event — not for marketing, solicitation, or off-platform contact without the participant's consent • Reverse engineer, decompile, disassemble, or attempt to discover the source code or underlying structure of the App • Rent, lease, resell, or commercialize the App or its data without our prior written permission • Remove or alter any proprietary notices displayed in the App • Probe, scan, or test the vulnerability of the App, or circumvent any security or authentication measures • Interfere with or disrupt the App or its servers, or impose an undue burden on the App's infrastructure Violation of this section may result in immediate termination of your account and may expose you to civil and criminal liability.
Part 3: Liability Protection
9. Assumption of Risk
PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS. You understand and acknowledge that: Physical Activity Risks: • Participating in sports and physical activities involves inherent risks of injury, including but not limited to: sprains, strains, fractures, concussions, heat-related illness, cardiac events, and in rare cases, permanent disability or death • These risks exist regardless of the care taken to avoid injury • You are voluntarily choosing to participate in physical activities Park and Facility Risks: • Park conditions vary and may include hazards such as uneven terrain, wet surfaces, broken equipment, inadequate lighting, or other dangerous conditions • Weather conditions are unpredictable and may create additional hazards • Parks may lack proper safety equipment, first aid facilities, or emergency services • Park Break does not own, operate, inspect, maintain, or control any parks or facilities • We make no representations about the safety, suitability, or condition of any park or facility Interaction Risks: • Meeting and interacting with other users involves inherent risks • Park Break does not verify the identity, background, or conduct of users • We do not perform background checks or screen users in any way • You are solely responsible for your personal safety when meeting others BY USING PARK BREAK, YOU VOLUNTARILY ASSUME ALL RISKS ASSOCIATED WITH USING THE APP, ATTENDING EVENTS, VISITING PARKS, PARTICIPATING IN PHYSICAL ACTIVITIES, AND INTERACTING WITH OTHER USERS.
10. Release of Claims
PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS. Release of Park Break: To the fullest extent permitted by applicable law, you release Park Break and its officers, directors, employees, agents, licensors, and affiliates from all claims, demands, and damages (direct and consequential) of every kind, known or unknown, arising out of or in any way connected with: • Your interactions with other users, whether online or in person • Any event arranged, listed, or discovered through the App • Your visits to or use of any park or facility • Any transaction or dispute between you and any other user or third party Release of Event Organizers: To the fullest extent permitted by applicable law, you also release event organizers from claims based on an organizer's ordinary negligence arising out of or connected with an event arranged through the App. This release does not extend to an organizer's gross negligence or intentional misconduct. California Residents: You waive the protections of California Civil Code Section 1542, which states: "A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party." You also waive any similar protection under the laws of any other jurisdiction. Some jurisdictions do not allow certain releases, so parts of this section may not apply to you.
11. Disclaimer of Warranties
THE APP AND ALL CONTENT, FEATURES, AND SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. To the fullest extent permitted by law, Park Break disclaims all warranties, including but not limited to: • Warranties of merchantability, fitness for a particular purpose, and non-infringement • Any warranty that the App will be uninterrupted, secure, or error-free • Any warranty regarding the accuracy, reliability, or completeness of park information, event details, or user-generated content • Any warranty that parks or facilities will be available, safe, or suitable for any purpose • Any warranty that events will occur as scheduled or that other users will attend • Any warranty regarding the conduct, character, or reliability of other users Park information displayed in the App is sourced from third-party data providers and user contributions. We do not independently verify this information and make no guarantees about its accuracy.
12. Limitation of Liability
PARK BREAK IS A PLATFORM FOR DISCOVERING PARKS AND COORDINATING EVENTS. WE DO NOT OWN, OPERATE, INSPECT, OR CONTROL ANY PARK OR FACILITY. WE DO NOT ORGANIZE, SUPERVISE, OR PARTICIPATE IN EVENTS. WE DO NOT VERIFY THE IDENTITY, BACKGROUND, OR CONDUCT OF USERS. YOU USE THIS SERVICE AND ATTEND EVENTS ENTIRELY AT YOUR OWN RISK. To the maximum extent permitted by applicable law, Park Break and its officers, directors, employees, agents, and affiliates shall NOT be liable for: • Any personal injury, illness, or death occurring at any park, facility, or event • Any property damage, theft, or loss • Any criminal activity, assault, harassment, or misconduct by other users or third parties • Any disputes between users • Any losses arising from inaccurate park information or event details • Any losses arising from events being cancelled, changed, or poorly attended • Any losses arising from park closures, unsafe conditions, or facility unavailability • Any indirect, incidental, special, consequential, or punitive damages • Any loss of data, profits, goodwill, or other intangible losses IN NO EVENT SHALL PARK BREAK'S TOTAL LIABILITY TO YOU EXCEED THE AMOUNT YOU PAID TO PARK BREAK IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM, OR FIFTY DOLLARS ($50), WHICHEVER IS GREATER. Some jurisdictions do not allow the exclusion of certain warranties or limitation of liability for certain damages. In such jurisdictions, our liability shall be limited to the maximum extent permitted by law.
13. Indemnification
You agree to defend, indemnify, and hold harmless Park Break and its officers, directors, employees, agents, licensors, and affiliates from and against any and all claims, damages, obligations, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising from: • Your use of the App • Your violation of these Terms • Your violation of any rights of another person or entity • Your conduct at any park, facility, or event • Any content you submit, post, or transmit through the App • Any claim that your content caused damage to a third party
Part 4: Content and Intellectual Property
14. User-Generated Content
You may create events, post messages, submit photos, and contribute other content through the App ("User Content"). By submitting User Content, you: • Retain ownership of your content • Grant Park Break a non-exclusive, worldwide, royalty-free, sublicensable (to our service providers) license to use, host, store, display, reproduce, and distribute your content in connection with operating, improving, promoting, and protecting the Service • Represent that you have the right to submit the content and that it does not violate any laws or third-party rights • Acknowledge that you are solely responsible for your content This license continues after you delete your content or your account to the limited extent necessary to operate the Service — for example, events you created and messages you sent may remain visible to other participants, and content may persist in routine backups for a limited period. See our Privacy Policy for how to request deletion of your personal information. We reserve the right to remove any User Content that violates these Terms or that we deem inappropriate, without notice.
15. Intellectual Property
The Park Break name, logo, and all related names, logos, product and service names, designs, and slogans are trademarks of Park Break or its affiliates. You may not use such marks without our prior written permission. The App and its original content (excluding User Content), features, and functionality are owned by Park Break and are protected by copyright, trademark, and other intellectual property laws.
16. Third-Party Content
The App displays park and facility information sourced from third-party providers, including OpenStreetMap and other data sources. This third-party content is provided for informational purposes only. Park Break does not endorse, guarantee, or assume responsibility for any third-party content, products, or services. Links to external websites or resources are provided for convenience only and do not constitute endorsement.
Part 5: Legal Framework
17. Privacy
Your privacy is important to us. By using Park Break, you consent to the collection, use, and sharing of your information as described in our Privacy Policy, which is incorporated into these Terms by reference. Information we may collect includes: • Account information (name, email, profile photo) • Location data (to show nearby parks and events) • Usage data (how you interact with the App) • Device information • Communications within the App We do not sell your personal information to third parties.
18. Modifications to Service and Terms
We reserve the right to modify, suspend, or discontinue the App or any part of it at any time, with or without notice. We shall not be liable to you or any third party for any modification, suspension, or discontinuation. We may update these Terms from time to time. We will notify you of material changes by posting a notice in the App or sending you a notification. Your continued use after such changes constitutes acceptance of the modified Terms.
19. Termination
We may suspend or terminate your account and access to the App at any time, for any reason, including but not limited to: • Violation of these Terms • Conduct that we believe is harmful to other users, third parties, or Park Break • Extended periods of inactivity • Request by law enforcement or government agencies You may terminate your account at any time by contacting us. Upon termination, your right to use the App will immediately cease. If you believe your content was removed or your account was suspended or terminated in error, you may appeal by contacting support@parkbreak.app. We will review appeals in good faith, but we reserve the right to make the final decision at our discretion.
20. Dispute Resolution and Arbitration
PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT. Informal Resolution: Before filing any claim, you agree to first contact us at support@parkbreak.app and attempt to resolve the dispute informally for at least 30 days. Binding Arbitration: If we cannot resolve the dispute informally, you and Park Break agree that any dispute, claim, or controversy arising out of or relating to these Terms or the App shall be resolved exclusively through binding individual arbitration, rather than in court. Arbitration shall be conducted by the American Arbitration Association (AAA) under its Consumer Arbitration Rules. The arbitration shall take place in the state where you reside or another mutually agreed location. Class Action Waiver: YOU AND PARK BREAK AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, OR REPRESENTATIVE ACTION. The arbitrator may not consolidate more than one person's claims and may not preside over any form of class or representative proceeding. Your Right to Opt Out: You may opt out of this arbitration agreement and class action waiver by emailing support@parkbreak.app within 30 days of first accepting these Terms. Your email must include your full name, the email address associated with your account, and a clear statement that you want to opt out of arbitration. Opting out of arbitration does not affect any other provision of these Terms. Exceptions: This arbitration agreement does not preclude you from bringing issues to the attention of federal, state, or local agencies. Such agencies may seek relief on your behalf. You may also bring claims in small claims court if your claims qualify. Time Limit for Claims: To the fullest extent permitted by applicable law, any claim arising out of or relating to these Terms or the App must be filed within one (1) year after the date the claim arose; otherwise, the claim is permanently barred.
21. Governing Law
These Terms and your use of the App shall be governed by and construed in accordance with the laws of the State of Nevada, United States, without regard to its conflict of law principles. For any claims not subject to arbitration, you agree to submit to the exclusive jurisdiction of the state and federal courts located in Clark County, Nevada.
22. General Provisions
Severability: If any provision of these Terms is held to be invalid, illegal, or unenforceable, the remaining provisions shall continue in full force and effect. Entire Agreement: These Terms, together with the Privacy Policy, constitute the entire agreement between you and Park Break regarding the App and supersede all prior agreements and understandings. Waiver: Our failure to enforce any provision of these Terms shall not constitute a waiver of that provision or any other provision. Assignment: You may not assign or transfer these Terms or your rights hereunder without our prior written consent. We may assign these Terms without restriction. Survival: Any provision of these Terms that by its nature should survive termination will survive, including Section 5 (Subscriptions, Payments, and Advertising, as to amounts owed), Section 8 (Prohibited Uses of the App), Sections 9 through 13 (Assumption of Risk, Release of Claims, Disclaimer of Warranties, Limitation of Liability, and Indemnification), Section 14 (User-Generated Content license), Section 20 (Dispute Resolution and Arbitration), Section 21 (Governing Law), and this Section 22. No Agency: No agency, partnership, joint venture, or employment relationship is created between you and Park Break by these Terms or your use of the App. Event organizers and other users are not Park Break's agents or representatives, and they have no authority to bind Park Break in any way. Notices: We may provide notices to you through the App, by push notification, or by email to the address associated with your account. You may provide notice to us by email to support@parkbreak.app. Notices are considered given 24 hours after they are sent, unless the sender learns that delivery failed. Translation: These Terms are written in English. Any translation is provided for convenience only. If there is any inconsistency between the English version and a translation, the English version controls. Contact Information: For questions, concerns, or feedback about these Terms of Service, please contact us at: • Email: support@parkbreak.app • Website: https://parkbreak.app