Terms of Service
PLEASE READ THESE TERMS OF SERVICE ("Terms") CAREFULLY BEFORE USING THE SERVICE.
These Terms constitute a legally binding agreement between you ("Client," "Facility Owner," "you," or "your") and 100arena.com ("100arena.com," "we," "us," or "our") governing your access to and use of 100arena.com and all associated software, features, and services (collectively, the "Service").
BY CREATING AN ACCOUNT, ACCESSING, OR USING THE SERVICE, YOU AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS, YOU MUST NOT ACCESS OR USE THE SERVICE.
1. The Service
100arena.com provides a subscription-based software platform intended to assist sports facility owners and operators with booking management, payment facilitation, membership administration, digital waivers, pricing rules, maintenance tracking, notifications, and related administrative functions (the "Service"). 100arena.com is a software provider only and does not own, operate, manage, or take any responsibility for any physical facility, court, or venue listed or managed through the Service.
2. Eligibility and Account Registration
You must be at least 18 years of age and possess the legal authority to bind the business or entity on whose behalf you are registering. You agree to provide accurate, current, and complete information during registration and to keep such information updated. You are solely responsible for maintaining the confidentiality of your account credentials and for all activity that occurs under your account.
3. Subscription; No Fixed-Term Contract; Month-to-Month Billing
3.1 No Long-Term Contract
The Service is provided on a month-to-month subscription basis. There is no fixed-term contract, minimum commitment period, or long-term obligation unless otherwise expressly agreed to in a separate signed written agreement between you and 100arena.com.
3.2 Automatic Renewal Disclosure
YOUR SUBSCRIPTION WILL AUTOMATICALLY RENEW AT THE END OF EACH MONTHLY BILLING CYCLE, AND YOUR PAYMENT METHOD ON FILE WILL BE AUTOMATICALLY CHARGED THE THEN-CURRENT SUBSCRIPTION FEE FOR EACH RENEWAL PERIOD, UNLESS YOU CANCEL YOUR SUBSCRIPTION IN ACCORDANCE WITH SECTION 4 PRIOR TO THE RENEWAL DATE, OR YOUR SUBSCRIPTION IS TERMINATED BY 100ARENA IN ACCORDANCE WITH SECTION 9.
You may cancel at any time through your account settings or by written notice to us as described in Section 4; cancellation will take effect at the end of the then-current billing cycle and will prevent future renewal charges, but will not entitle you to a refund or proration of the current period (see Section 5).
3.3 Fees
Subscription fees are as set forth on our pricing page or as otherwise communicated to you at the time of purchase. 100arena.com reserves the right to modify subscription fees at any time, with such changes taking effect no earlier than the next billing cycle following notice to you. Continued use of the Service after a fee change takes effect constitutes your acceptance of the new fee.
3.4 Payment Processing
Subscription payments made by you to 100arena.com, and payments collected by you from your customers ("End Users") through the Service, are processed via Stripe, Inc. ("Stripe"). You are solely responsible for maintaining your own Stripe account in good standing, including its security, compliance, tax reporting, and payout configuration. 100arena.com does not access, request, or store your Stripe API keys or account credentials, and 100arena.com bears no liability whatsoever for the processing, settlement, chargeback, or dispute of any payment transacted through Stripe.
4. Cancellation
4.1 You may cancel your subscription at any time through your account settings or by written notice to us, effective at the end of your then-current monthly billing cycle.
4.2 Cancellation will stop future billing but will not entitle you to any refund, credit, or proration for the remainder of the then-current billing period, as set forth in Section 5.
4.3 Upon cancellation or termination, your access to the Service, including any data stored therein, may be suspended or removed in accordance with our data retention practices described in our Privacy Policy.
5. No Refunds; No Proration
5.1 ALL FEES PAID TO 100ARENA ARE NON-REFUNDABLE. Except where required by applicable law, 100arena.com does not provide refunds, credits, or reimbursements for any subscription fees, partial-month usage, unused features, downgrade, or early cancellation, regardless of the reason for cancellation or non-use.
5.2 NO PRORATED BILLING. Fees are billed in full for each monthly billing cycle and will not be prorated for mid-cycle upgrades, downgrades, cancellations, suspensions, or terminations of the Service, whether initiated by you or by 100arena.com.
5.3 This Section applies regardless of whether you have used the Service during the applicable billing period.
6. "As Is" Service; No Warranties
6.1 THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY. To the maximum extent permitted by applicable law, 100arena.com expressly disclaims all warranties, including but not limited to implied warranties of merchantability, fitness for a particular purpose, title, non-infringement, and any warranties arising from course of dealing or usage of trade.
6.2 100arena.com does not warrant that the Service will be uninterrupted, error-free, secure, or free of defects, or that any defects will be corrected. You acknowledge that your use of the Service is at your own risk.
6.3 100arena.com does not warrant or guarantee any specific business outcome, booking volume, revenue increase, or customer engagement resulting from use of the Service.
7. Customization Requests
7.1 The Service is offered as a standard, multi-tenant software platform. Any request by you for custom features, integrations, branding, workflows, data migrations, reports, or other modifications outside the standard functionality of the Service ("Customization Requests") is not included in your standard subscription fee.
7.2 Customization Requests will be evaluated individually and, if accepted by 100arena.com, will be subject to a separate written quote, scope of work, and additional fees, payable in advance or as otherwise agreed, before any such work is undertaken.
7.3 100arena.com is under no obligation to accept any Customization Request. Any custom work performed remains subject to these Terms unless expressly varied in a signed written agreement.
8. Client Responsibility for Data Backup
8.1 You are solely and exclusively responsible for independently exporting, downloading, and maintaining your own backup copies of all booking records, membership data, waiver records, financial reports, customer information, and any other data generated or stored through your use of the Service.
8.2 As set forth in our Privacy Policy, data is retained by 100arena.com for a period of ninety (90) days from creation or last activity, after which it may be permanently deleted, archived, or made inaccessible without further notice.
8.3 100arena.com shall have no liability whatsoever for any loss, corruption, deletion, or unavailability of data, whether arising from the expiration of the retention period, account cancellation or termination, technical failure, or any other cause. You acknowledge that maintaining independent backups is your sole responsibility and that 100arena.com's data retention practices do not constitute a guarantee of data preservation.
9. Suspension and Termination
9.1 100arena.com may suspend or terminate your access to the Service, with or without notice, if you: (a) breach these Terms; (b) fail to pay applicable fees; (c) engage in conduct that 100arena.com reasonably believes is fraudulent, abusive, or harmful to the Service, other users, or third parties; or (d) as required by law.
9.2 100arena.com may also discontinue, modify, or restrict the Service, in whole or in part, at any time, with reasonable notice where practicable.
9.3 Sections 5, 6, 8, 10, 11, 12, and 13 shall survive any termination or expiration of these Terms.
10. Facility Owner Responsibilities
You are solely responsible for: (a) the accuracy and legality of all information you post or provide through the Service, including pricing, availability, and facility descriptions; (b) compliance with all applicable laws, including those relating to consumer protection, taxation, health and safety, and waiver enforceability, in your jurisdiction and sport; (c) all interactions, disputes, injuries, or claims arising between you and your End Users; and (d) the content and sufficiency of any digital waivers collected through the Service, which 100arena.com does not review, draft, or warrant as legally adequate.
11. Limitation of Liability
11.1 TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL 100ARENA, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR AFFILIATES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, REVENUE, DATA, GOODWILL, OR BUSINESS OPPORTUNITY, ARISING OUT OF OR RELATED TO YOUR USE OF OR INABILITY TO USE THE SERVICE, EVEN IF 100ARENA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
11.2 TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, 100ARENA'S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICE SHALL NOT EXCEED THE TOTAL SUBSCRIPTION FEES PAID BY YOU TO 100ARENA IN THE THREE (3) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM.
11.3 The limitations in this Section apply regardless of the legal theory of liability (contract, tort, negligence, strict liability, or otherwise) and even if any limited remedy fails of its essential purpose.
12. Indemnification
You agree to indemnify, defend, and hold harmless 100arena.com and its officers, directors, employees, and affiliates from and against any claims, liabilities, damages, losses, and expenses, including reasonable attorneys' fees, arising out of or in any way connected with: (a) your use of the Service; (b) your violation of these Terms; (c) your violation of any applicable law; (d) any dispute between you and an End User; or (e) any Customization Request performed at your direction.
13. General Provisions
13.1 Entire Agreement. These Terms, together with our Privacy Policy, constitute the entire agreement between you and 100arena.com regarding the Service and supersede any prior agreements, whether written or oral, except where a separate signed written agreement expressly states otherwise.
13.2 Modifications. 100arena.com may update these Terms from time to time. Material changes will be communicated via email or notice within the Service. Continued use of the Service after such changes constitutes acceptance of the revised Terms.
13.3 Assignment. You may not assign or transfer these Terms or your account without 100arena.com's prior written consent. 100arena.com may assign these Terms without restriction in connection with a merger, acquisition, or sale of assets.
13.4 Severability. If any provision of these Terms is held unenforceable, the remaining provisions shall remain in full force and effect.
13.5 No Waiver. 100arena.com's failure to enforce any provision of these Terms shall not constitute a waiver of that provision.
13.6 Governing Law; US-Only Service. The Service is offered exclusively to Facility Owners located in, and operating facilities within, the United States. These Terms shall be governed by and construed in accordance with the laws of the State of Texas, United States, without regard to its conflict-of-laws principles. You agree that any dispute arising out of or relating to these Terms or the Service shall be subject to the exclusive jurisdiction of the state and federal courts located in Texas, and you consent to personal jurisdiction and venue therein.
13.7 Independent Contractors. Nothing in these Terms creates a partnership, joint venture, agency, or employment relationship between you and 100arena.com.
13.8 Contact. Questions regarding these Terms may be directed to info@100arena.com.