Pavilion Terms of Service

1. Pavilion Services

Pavilion provides software tools for clubs, athletic facilities, racquet clubs, and related organizations. The Services may include member accounts, booking tools, event tools, messaging, group communication, announcements, administrative dashboards, support tools, and other club-related functionality.

Certain Services are provided to clubs and organizations under separate written agreements, such as master service agreements, statements of work, order forms, licenses, or similar documentation ("Service Agreements"). If there is a conflict between these Terms and a Service Agreement, the Service Agreement controls for the applicable customer relationship.

Certain clubs may also contract with Pavilion for camera systems, together with match recordings, automatically generated highlights, and related subscriptions. These are part of the Services and are described in Sections 5B, 5C, and 5D. Where a club and Pavilion have signed a Service Agreement covering cameras, that agreement controls as described in this Section.

2. Eligibility and Accounts

You may use the Services only if you are authorized to do so by Pavilion, a participating club, or another organization that provides you access.

You are responsible for maintaining the confidentiality of your account credentials and for all activity under your account. You agree to provide accurate information and to update your information when necessary.

You may not access another user's account, impersonate another person, or use the Services in a manner that violates these Terms, applicable law, or club policies.

3. Club-Provided Access

Access to some Services may depend on your relationship with a participating club or organization. Clubs may control membership status, permissions, booking eligibility, event eligibility, groups, administrative roles, and access to certain features.

Pavilion is not responsible for a club's membership decisions, facility rules, pricing, scheduling decisions, disciplinary decisions, or offline conduct.

4. Bookings, Events, and Club Activity

The Services may allow users to book courts, register for events, sign up for lessons or clinics, join waitlists, cancel reservations, or participate in club programming.

Club rules, cancellation policies, fees, refund policies, guest policies, and facility rules are determined by the applicable club unless otherwise stated. Pavilion is not responsible for a club's enforcement of those rules or for the availability, condition, or safety of club facilities.

5. Messaging and User Content

The Services may allow users, clubs, staff, or administrators to send messages, participate in group communications, create posts, submit comments, upload images, or otherwise provide content ("User Content").

You retain any rights you have in your User Content, but you grant Pavilion a non-exclusive, worldwide, royalty-free license to host, store, reproduce, display, transmit, modify for formatting, and otherwise use your User Content as necessary to operate, provide, secure, moderate, and improve the Services.

You are responsible for your User Content and for your interactions with other users.

Match recordings and highlights created through Pavilion Cameras are governed by Section 5B rather than by the license described in this Section.

5A. SMS Messaging Program

Pavilion operates an SMS concierge messaging program ("Pavilion Concierge," which may be presented under a participating club's name as "[Club Name] Concierge") on behalf of participating clubs, providing match invitations, booking confirmations, and related club service messages to club members.

You consent to receive recurring SMS messages by submitting your mobile number and checking the consent box on a Pavilion Concierge opt-in form provided by your club.

Reply STOP to any message to opt out at any time. Reply HELP for assistance, or contact us at it@pavilionclubs.com. Carriers are not liable for delayed or undelivered messages.

5B. Pavilion Cameras and Match Recordings

Participating clubs may offer camera systems provided or supported by Pavilion ("Pavilion Cameras") that allow players to record their matches and receive highlights or full-match recordings ("Recordings"). Recordings are video only. Pavilion Cameras do not record audio.

Starting a recording. Recording begins only when a player with an eligible account turns it on for a match through the Services. By starting a recording, you confirm that (a) you are authorized to record at that facility, (b) you will follow the club's posted notices and rules, and (c) you have informed the other players in the match and each has agreed to be filmed. Do not start a recording if any player in the match objects.

Being recorded. Recordings may capture other players, spectators, coaches, and staff. By using a court where Pavilion Cameras are in use, or by participating in a match in which a recording has been started, you acknowledge that you may be recorded and consent to being filmed and to use of the Recording as described in these Terms and the Privacy Policy. Clubs are responsible for posting notice that Pavilion Cameras are in use. If you do not want to be recorded, tell the player before they start a recording — they must not start one if anyone in the match objects — or ask the club, which can disable recording on specific courts or during specific time periods. Pavilion cannot prevent a recording from being started on a court where you are present, but you may ask us to remove any Recording in which you appear by emailing it@pavilionclubs.com.

Access by other players. The other players in a recorded match can view and download the Recording and its highlights through their accounts.

Minors. A parent or guardian must consent before a junior player is recorded, and clubs are responsible for obtaining that consent. Recordings that include minors may only be shared with the consent of a parent or guardian. A parent or guardian may request removal at any time.

Rights and license. You keep the rights you hold in Recordings in which you appear. You may use Recordings you receive for personal, non-commercial purposes. You grant Pavilion and the applicable club a non-exclusive, worldwide, royalty-free, sublicensable license to host, store, process, edit, clip, analyze, and deliver Recordings as necessary to provide, secure, and support the Services, and to develop, train, test, and improve Pavilion's automated analysis and machine learning models internally and to develop new features and products. We do not sell or license Recordings to any third party for that third party's own independent commercial use. We will not use Recordings or highlights in marketing or promotional materials unless we ask every player appearing in them and each one gives written permission. Permission covers only the specific materials and channels described in the request, and any player may withdraw it as to future use at any time by emailing us at it@pavilionclubs.com. This license survives termination of your account as to Recordings and highlights already created. Pavilion and its licensors retain all rights in the camera systems, software, analysis tools, generated highlight formats, and any models developed.

Automated analysis. Pavilion uses automated analysis to detect motion and moments of play, such as rallies and gestures, in order to create highlights. The analysis recognizes types of movement and does not build, store, or compare any profile of how a particular person moves. Pavilion does not perform facial recognition, does not compute face or hand geometry, and does not use any biological or behavioral characteristic to identify an individual. Recordings are matched to players using court booking information, not by analyzing how anyone looks or moves.

Sharing. You are responsible for anything you share or post. You may not share a Recording in a way that harasses, embarrasses, or endangers any person, or that violates another person's privacy, publicity, or other rights, or a club's rules.

Availability and accuracy. Pavilion does not guarantee that any match will be recorded, that Recordings will be complete or of any particular quality, or that highlights will capture every notable play. Recordings are not intended for officiating, line calling, safety monitoring, or as an official record of any match, incident, injury, or dispute.

Retention. Recordings and highlights are not retained for a fixed period. How long a Recording remains available depends on the type of content, any legal or safety obligations, and our storage and operational requirements, as described in the Privacy Policy. Pavilion may delete Recordings or move them to archival storage.

Removal. Anyone who appears in a Recording may request that Pavilion or the applicable club review or remove it by contacting it@pavilionclubs.com. Pavilion may remove a Recording at any time to operate the Services, address a complaint, comply with law, or protect safety. A removal request applies regardless of the subscription status of the player who created the Recording.

5C. Highlight Subscriptions

Some features of Pavilion Cameras, including additional highlights and extended access to Recordings, require a paid subscription ("Highlight Subscription"). The plans available, what each includes, and the applicable prices are shown in the Services at the time of purchase and may change over time.

Billing and renewal. Subscriptions renew automatically at the price and interval shown at the time of purchase, until cancelled. If you purchase through a mobile app store, that store's billing terms also apply.

Cancellation. You may cancel at any time in the app or, for app store purchases, through your app store account. Cancellation takes effect at the end of the current billing period, and you keep access until it ends.

Changes to plans. Pavilion may change plans, features, included amounts, and prices. Changes to the price of an existing subscription take effect at your next renewal after notice to you.

Fees. Fees are non-refundable except as required by law or as stated at the time of purchase.

5D. Camera Equipment at Clubs

This Section applies to clubs and organizations that contract with Pavilion for camera systems.

Ownership and installation. Ownership, installation, positioning, power, network connectivity, and maintenance of camera equipment are governed by the Service Agreement between Pavilion and the club. Unless that agreement states otherwise, camera equipment remains the property of Pavilion and is provided for use during the term of the agreement.

Club responsibilities. The club is responsible for posting notice that cameras are in use, for obtaining parent or guardian consent before junior members are recorded, for complying with applicable recording and privacy laws at its facility, and for its own policies on when recording is available. Clubs may disable recording on specific courts or during specific time periods.

Care of equipment. The club will provide a suitable installation environment, will not relocate, modify, obstruct, or disable equipment without authorization, and will notify Pavilion promptly of damage or malfunction.

Warranty and support. Equipment warranty terms, support response times, repair, and replacement are set out in the Service Agreement. Pavilion does not warrant uninterrupted operation of camera equipment.

End of term. On termination or expiration, the club will make equipment available for return or removal as set out in the Service Agreement. Handling of Recordings after termination is described in the Privacy Policy and the Service Agreement.

6. Acceptable Use

You may not use the Services to:

• Harass, threaten, abuse, defame, impersonate, or intimidate another person.
• Submit unlawful, obscene, hateful, discriminatory, sexually explicit, violent, or otherwise objectionable content.
• Upload malware, spam, phishing content, or malicious code.
• Violate another person's privacy, publicity, intellectual property, or other rights.
• Attempt to access accounts, systems, data, or areas of the Services without authorization.
• Interfere with the security, availability, or performance of the Services.
• Scrape, copy, reverse engineer, or misuse the Services except as permitted by law.
• Use the Services for commercial solicitation without authorization.
• Violate applicable law, these Terms, or club policies.
• Record, or cause to be recorded, any person in violation of a club's rules, posted notices, or applicable law.
• Start a recording when another player in the match has objected to being filmed.
• Tamper with, obstruct, reposition, or disable camera equipment.
• Share, post, or distribute a Recording in a way that harasses, embarrasses, or endangers any person.
• Scrape, bulk-download, resell, or redistribute Recordings, or use them commercially without authorization.

Pavilion and/or the relevant club may remove content, restrict features, suspend accounts, or terminate access for violations.

7. Reporting and Moderation

Users may report objectionable content or abusive users through available in-app tools or by contacting Pavilion support.

Pavilion and/or the relevant club may review, remove, restrict, or disable content or accounts to operate the Services, provide support, enforce policies, protect safety and security, comply with law, or address abuse.

Recordings may be reviewed, restricted, or removed under this Section. Any person who appears in a Recording, whether or not they hold a Pavilion account, may request its review or removal by contacting Pavilion support.

8. Club Content and Third-Party Content

The Services may display content provided by clubs, staff, administrators, members, users, or third parties, including logos, names, images, announcements, schedules, events, posts, and other materials.

Pavilion does not guarantee the accuracy, completeness, availability, or legality of club-provided or user-provided content.

Clubs and users are responsible for ensuring they have the rights necessary to submit content to the Services.

9. Intellectual Property

The Services, including software, designs, interfaces, graphics, branding, workflows, features, databases, documentation, and related technology, are owned by Pavilion or its licensors and are protected by intellectual property laws.

Except as expressly permitted, you may not copy, modify, distribute, sell, lease, reverse engineer, or create derivative works from the Services.

No rights are granted except the limited right to access and use the Services as permitted by these Terms and any applicable Service Agreement.

10. Feedback

If you provide suggestions, ideas, bug reports, comments, or other feedback, Pavilion may use that feedback without restriction or compensation to you.

11. Payments

If payments are enabled, payments may be processed by third-party payment providers. Fees, refunds, cancellations, taxes, and payment disputes may be governed by the applicable club's policies, Pavilion's policies, payment-provider terms, or a Service Agreement.

Pavilion may not store full payment card information directly.

Highlight Subscriptions and other recording-related fees are described in Section 5C.

12. Privacy

Pavilion's collection and use of personal information is described in the Pavilion Privacy Policy, available at: https://pavilionclubs.com/privacy-policy

By using the Services, you acknowledge the Privacy Policy.

13. Service Availability

Pavilion may modify, suspend, or discontinue any part of the Services at any time. The Services may be unavailable due to maintenance, technical issues, third-party outages, security incidents, or other causes.

Pavilion does not guarantee uninterrupted or error-free service.

14. Termination

Pavilion may suspend or terminate your access to the Services if you violate these Terms, violate applicable law, misuse the Services, create risk for Pavilion or others, or if your access is no longer authorized by a participating club.

You may stop using the Services at any time. Account deletion or deactivation may be handled as described in the Privacy Policy.

15. Disclaimers

The Services are provided on an "as is" and "as available" basis. To the maximum extent permitted by law, Pavilion disclaims all warranties, express or implied, including warranties of merchantability, fitness for a particular purpose, title, non-infringement, availability, accuracy, and reliability.

Pavilion does not control and is not responsible for club facilities, in-person activities, member conduct, coaching, events, physical injuries, or offline interactions.

Pavilion does not warrant that Pavilion Cameras will operate without interruption, that any particular match will be recorded, or that any Recording or highlight will be created, complete, accurate, or retained. Pavilion is not responsible for use of Recordings for officiating, safety, injury, or dispute purposes, or for how any user or club shares or distributes a Recording.

16. Limitation of Liability

To the maximum extent permitted by law, Pavilion will not be liable for indirect, incidental, special, consequential, exemplary, or punitive damages, or for lost profits, lost revenues, lost data, loss of goodwill, or business interruption arising out of or related to the Services.

To the maximum extent permitted by law, Pavilion's total liability for any claim arising out of or related to the Services will not exceed the greater of: (a) the amount paid by you to Pavilion for the Services giving rise to the claim in the three months before the claim arose, or (b) $100.

For the avoidance of doubt, the damages excluded above include lost, corrupted, missing, or deleted Recordings or highlights.

Some jurisdictions do not allow certain limitations of liability, so some limitations may not apply.

17. Indemnification

To the maximum extent permitted by law, you agree to defend, indemnify, and hold harmless Pavilion, its officers, directors, employees, contractors, agents, affiliates, and partners from claims, damages, liabilities, costs, and expenses arising from your use of the Services, your User Content, your violation of these Terms, or your violation of applicable law or third-party rights.

18. Governing Law

These Terms are governed by the laws of the State of Delaware, without regard to conflict-of-law principles.

19. Changes to These Terms

Pavilion may update these Terms from time to time. Changes will be effective when posted unless otherwise stated. Continued use of the Services after changes become effective means you accept the updated Terms.

For changes that materially affect your rights, we will provide notice by email or through the Services before the changes take effect.

20. Contact

If you have questions about these Terms, contact Pavilion at:

Pavilion Technologies Inc.
Email: it@pavilionclubs.com
Website: https://pavilionclubs.com