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.

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.

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.

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.

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.

12. Privacy

Pavilion's collection and use of personal information is described in the Pavilion Privacy Policy, available at: https://www.pavilion.cc/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.

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.

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.

20. Contact

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

Pavilion Technologies Inc.
Email: it@pavilion.cc
Website: https://pavilion.cc