End-User License Agreement

This End-User License Agreement ("EULA") is between you and iCatch Labs LLC ("iCatch Labs," "Licensor," "we," "us," or "our"), 418 Broadway, STE 7369, Albany, NY 12207, United States.

It covers the Hoopers Ranked Play software (the "Licensed Application"): any Hoopers mobile app we make available for iOS or Android, and the Hoopers web app at https://www.hoopersapp.com.

This EULA is part of the Hoopers Terms of Service. You agree to it when you create a Hoopers account, and, for a mobile app, when you download, install or use it. Words defined in the Terms have the same meaning here. If you are 13 through 17, section 6 of the Terms explains how your parent or legal guardian is involved. If this EULA conflicts with the Terms, the Terms control, except for the app store terms in section 10, which control where an app store requires them.

1. The Licensed Application

The Licensed Application lets players find and challenge other players, record real-world one-on-one basketball games and their results, and follow Skill Rating (SR), rank, Standing, game history and related competitive records. It also lets players view profiles and boards, manage friends and connections, block and report players, receive in-app notices, and share location readings for games to support the integrity of recorded results.

2. License

Grant. Subject to this EULA and the Terms, we grant you a limited, revocable, non-exclusive, non-transferable, non-sublicensable license to:

• install and use a Hoopers mobile app on devices you own or control, as permitted by the rules of the app store you got it from; and
• use the Hoopers web app in a supported browser,

for your own personal, non-commercial use of Hoopers.

Restrictions. Except where the law expressly allows it, you may not:

• copy, modify, translate or create derivative works of the Licensed Application;
• reverse engineer, decompile, disassemble or try to derive its source code;
• sell, rent, lend, lease, sublicense, redistribute or otherwise make it available to others;
• remove or alter any copyright, trademark or other notice in it;
• use it to build a competing product; or
• use it in any way that breaks the Terms or the Acceptable Use and Safety Policy.

Ownership. The Licensed Application is licensed, not sold. iCatch Labs and its licensors keep all rights not expressly granted to you.

Your account. Your account, and the competitive records attached to it, are not property and are not transferable, as described in the Terms and the Competitive Rules.

3. Updates and supported versions

This EULA covers updates we provide unless an update comes with its own license terms.

We may require you to install an update to a mobile app, or to use at least a minimum supported version, before you can keep using Hoopers. We may do this when a security need, a legal requirement, a change to how the app and our servers work together, or a change to a supported feature requires it. A version that is no longer supported may stop working. We are not required to keep supporting any particular version, device or operating system.

It is your responsibility to use a device, operating system and browser that the Licensed Application supports.

4. Maintenance and support

iCatch Labs, not any app store, is responsible for maintenance and support of the Licensed Application, to the extent described in this EULA or required by law. Contact support@hoopersapp.com. App stores have no obligation to provide maintenance or support for the Licensed Application.

5. Your information

How we collect and use personal information through the Licensed Application, including location readings, is described in the Hoopers Privacy Policy.

6. Real-world activity and competitive information

The Licensed Application is a tool for recording basketball games that you choose to play in person. To the fullest extent the law allows, and as the Terms describe in more detail, iCatch Labs is not responsible for:

• injury, illness, death, accidents, or property loss or damage arising from basketball games or other real-world activity you take part in through or in connection with the Licensed Application;
• the acts, omissions, conduct, statements or disputes of other players, before, during or after a game or other in-person interaction;
• the condition, safety, availability, accessibility, ownership, supervision or suitability of any court, gym, park or other venue, including courts listed in the Licensed Application;
• reliance on SR, rank, Standing, statistics or other competitive records as a scouting evaluation, a guarantee or prediction of athletic ability, or a representation of a player's overall basketball ability;
• inaccurate, incomplete, manipulated, false or unavailable information supplied by players or guardians, including game results, identity, age, guardianship and location information; or
• any assumption that a location reading, result confirmation or other integrity signal guarantees that a game happened, that a player is who they say they are, or that an in-person interaction is safe.

Nothing in this section limits liability that cannot be limited under applicable law.

7. No warranty

TO THE FULLEST EXTENT PERMITTED BY LAW, THE LICENSED APPLICATION IS PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTIES OF ANY KIND, AS DESCRIBED IN THE DISCLAIMERS AND LIMITATION OF LIABILITY SECTIONS OF THE TERMS, WHICH APPLY TO THE LICENSED APPLICATION. WE DO NOT WARRANT THAT IT WILL BE UNINTERRUPTED, ERROR-FREE, COMPATIBLE WITH YOUR DEVICE, OR FREE OF HARMFUL COMPONENTS.

If a mobile app fails to conform to any warranty that applies despite this section, you may notify the app store you got it from, and that store may refund the purchase price, if any. To the maximum extent permitted by law, the app store has no other warranty obligation for the Licensed Application.

8. Product claims and intellectual property claims

iCatch Labs, not any app store, is responsible for addressing any claims by you or a third party relating to the Licensed Application or your possession or use of it, including product liability claims, claims that it fails to meet a legal or regulatory requirement, and claims under consumer protection, privacy or similar laws.

If a third party claims that the Licensed Application, or your possession and use of it, infringes that party's intellectual property rights, iCatch Labs, not any app store, is responsible for investigating, defending, settling and discharging the claim, as between iCatch Labs and the app store.

9. Legal compliance

You represent that you are not located in a country subject to a U.S. government embargo or designated by the U.S. government as a "terrorist supporting" country, and that you are not on any U.S. government list of prohibited or restricted parties. Hoopers is offered only in the United States.

10. App store terms

If you got a Hoopers mobile app from the Apple App Store or Google Play (each an "app store"):

• this EULA is between you and iCatch Labs only, not the app store, and iCatch Labs, not the app store, is responsible for the Licensed Application and its content;
• your use of the app must also follow the app store's usage rules, and this EULA does not permit use those rules forbid;
• you must comply with any third-party terms that apply to your use of the app, such as your wireless carrier's terms; and
• the app store operator, Apple Inc. or Google LLC as applicable, and its subsidiaries are third-party beneficiaries of this EULA and may enforce it against you.

11. Termination

This license lasts until you or we end it. It ends automatically if you break this EULA or the Terms, or when your Hoopers account is terminated or deleted. When it ends, stop using the Licensed Application and delete any copies of a mobile app from your devices.

12. Governing law

This EULA is governed by the same law, and disputes are handled in the same way, as the Terms.

13. Changes

We may update this EULA as described in section 17 of the Terms.

14. Contact

Questions, complaints or claims about the Licensed Application:

iCatch Labs LLC
418 Broadway, STE 7369
Albany, NY 12207
United States

support@hoopersapp.com