GENERAL TERMS AND CONDITIONS OF USE
PREAMBLE
This contractual instrument, hereinafter referred to as the "Terms of Use," establishes the binding and irrevocable conditions governing the use of the Balanced Pickup Games Application (the "Application"), a digital platform designed to facilitate interaction among amateur volleyball players and promote the organization of sporting events. By accessing, using, or interacting with any feature of the Application, the user, hereinafter referred to as the "User," fully and unconditionally agrees to the provisions set forth herein, as well as to the related Privacy Policy, which must also be read. Failure to accept these Terms in their entirety prohibits the use of the Application.
1. PURPOSE AND NATURE OF THE SERVICE
1.1. The Application is a technological tool intended to facilitate contact among Users for the organization of volleyball matches, operating exclusively as a digital intermediary without any control over or responsibility for the sporting events themselves.
1.2. The features of the Application include, without limitation, automated team selection, User performance evaluations, facilitation of paid events, and the future implementation of an incentive system called "Volei Points" (VP).
1.3. Interactions within the Application are governed by proprietary algorithms and NoSQL databases.
2. USER ELIGIBILITY AND OBLIGATIONS
2.1. The User represents that they have full legal capacity, are at least 18 years old or legally emancipated under applicable law, and agree to provide truthful and up-to-date information when registering.
2.2. The User is solely responsible for safeguarding their login credentials and is fully liable for any actions taken through their account, including actions taken by third parties.
2.3. The User is expressly prohibited from: (i) using the Application for unlawful, immoral, or public-policy-violating purposes; (ii) publishing defamatory, offensive, or rights-infringing content; or (iii) attempting to decompile, reverse engineer, or compromise the security of the Application.
3. DATA COLLECTION, PROCESSING, AND COMMERCIALIZATION
3.1. The User irrevocably and without restriction authorizes the Application to collect, process, store, transmit, share, transfer, and/or commercialize their personal and sensitive data, including, without limitation, name, age, playing position, performance evaluations, match history, and contact information, as provided in the Privacy Policy.
3.2. At the Application's sole discretion, data may be commercialized with domestic or international third parties for any purpose, including commercial, analytical, or promotional purposes, without prior notice to or financial compensation for the User.
3.3. Data will be stored on NoSQL servers that may be located in different jurisdictions and subject to applicable laws, with no guarantee of complete anonymization.
4. DISCLAIMER OF LIABILITY FOR SPORTING EVENTS
4.1. The Application acts strictly as a facilitator of connections among Users and is not the organizer, sponsor, or party responsible for any sporting event arranged through the platform.
4.2. The Application disclaims all liability for incidents, damages, injuries, property loss, cancellations, or disputes arising from matches. The User assumes all risks inherent in their participation.
4.3. The Application is not responsible for ensuring the suitability, safety, or compliance of the venues where matches take place. These matters are the sole responsibility of the Users involved.
4.4. Responsibility of the Organizer and Venue Owner: The User who organizes a match (the "Organizer") and the owner or administrator of the venue where it takes place are solely responsible for any incidents, damages, injuries, losses, or disputes arising from the event, including, without limitation, matters involving safety, organization, or participant conduct. Any issue or dispute arising from a match is the exclusive responsibility of the Organizer and the venue owner, and the Application is released from any liability or obligation.
5. VOLEI POINTS (VP)
5.1. The Application plans to implement, at a future date and at its sole discretion, an incentive system called "Volei Points" (VP), through which Users may earn points by completing specific achievements, such as participating in matches, submitting evaluations, or performing other activities defined by the Application.
5.2. At the Application's sole discretion, Volei Points (VP) may be exchanged for physical or virtual rewards. The value, number of points required, and availability of such rewards will be determined unilaterally by the Application, with no obligation to offer or maintain the system.
5.3. The Application reserves the right to modify, suspend, or terminate the Volei Points (VP) system at any time without prior notice or compensation to Users.
5.4. Volei Points (VP) have no monetary value, are non-transferable, and do not grant Users any vested rights.
6. MONETIZATION AND FINANCIAL TRANSACTIONS
6.1. The Application may charge fees for the use of specific features, including, without limitation, the organization of paid matches, venue reservations, or premium subscriptions. The applicable amounts will be determined unilaterally and communicated at the time of the transaction.
6.2. Transactions conducted through the Application are final and non-refundable, except where otherwise required by law.
6.3. The Application reserves the right to retain profit margins resulting from the difference between amounts charged to Users and operating costs, without any obligation to provide an accounting.
7. INTELLECTUAL PROPERTY AND LICENSE TO USE
7.1. All content within the Application, including, without limitation, source code, algorithms, designs, interfaces, trademarks, and logos, is the exclusive property of the Application or its licensors and is protected by domestic and international intellectual property laws.
7.2. The User is granted a non-exclusive, non-transferable, and revocable license to use the Application. Any reproduction, modification, distribution, or commercial exploitation without express authorization is prohibited.
8. LIMITATION OF LIABILITY
8.1. The Application is provided "as is," without any express or implied warranties of uninterrupted operation, absence of errors, or fitness for a particular purpose.
8.2. Under no circumstances will the Application be liable for any direct, indirect, incidental, special, consequential, or punitive damages, including, without limitation, loss of profits, data, or opportunities arising from the use of or inability to use the Application.
8.3. The Application is not responsible for technical failures, service interruptions, or the unavailability of features, regardless of the cause.
9. TERMINATION
9.1. The Application reserves the right to suspend, restrict, or terminate the User's account, at its sole discretion and with or without prior notice, for any reason, including, without limitation, a violation of these Terms or prolonged inactivity.
9.2. The User may close their account at any time, subject to the data retention provisions of the Privacy Policy.
10. CHANGES TO THE TERMS
10.1. The Application may, at its discretion, modify, amend, or update these Terms at any time without prior notice. The updated version will be published in the Application, and continued use of the platform constitutes acceptance of the changes.
10.2. The User is solely responsible for periodically checking these Terms for updates.
11. GOVERNING LAW AND JURISDICTION
11.1. These Terms are governed by the laws of the Federative Republic of Brazil. The courts of the District of Belo Horizonte, State of Minas Gerais, have exclusive jurisdiction over any dispute arising from this instrument, and the parties waive any other venue, however privileged it may be.
11.2. Any disputes will be resolved exclusively in accordance with the laws applicable at the time the dispute arises.
12. GENERAL PROVISIONS
12.1. The invalidity or unenforceability of any provision of these Terms will not affect the validity of the remaining provisions, which will remain in full force and effect.
12.2. The Application's tolerance of any violation does not constitute a novation or waiver of rights.
12.3. For questions or support, the User must contact the Application at nexoradigital@outlook.com, with no guarantee of a response within any specific period.
13. FINAL ACKNOWLEDGMENT
By accessing or using the Application, the User unequivocally and irrevocably acknowledges that they have read, understood, and agreed to all provisions of these Terms of Use and the Privacy Policy, and agrees to comply fully with them, subject to liability under applicable law.