PIKL PASSPORT

Terms and Conditions

1. About these Terms

These Terms and Conditions (the “Terms”) form a binding agreement between you and DinkSmart, Inc., a Delaware corporation with its principal place of business in California (“DinkSmart,” “we,” “us,” or “our”), regarding your use of the PIKL Passport service (the “Service”). By creating an account, adding a PIKL Passport to your digital wallet, or otherwise using the Service, you agree to these Terms. If you do not agree, please do not use the Service.

2. Definitions

  • “Service” means the PIKL Passport program operated by DinkSmart, including the digital wallet pass, the website at piklpassport.com, the points system, and any associated communications and features.

  • “Passport” means the digital pass issued to you that lives in Apple Wallet, Google Wallet, or another supported wallet platform.

  • “Club Partner” means a participating pickleball club, facility, or venue that has joined the PIKL Passport network.

  • “Benefits” means the offers, discounts, upgrades, or other incentives that Club Partners make available to Passport holders.

  • “Founding Member” means a user who joined PIKL Passport during the founding launch window as defined in Section 5.

  • “Points” means the digital points credited to your Passport account in connection with eligible activity.

  • “You” or “Your” means the individual using the Service.

3. Eligibility and Account

You must be at least 18 years old and a resident of the United States to use the Service. By using the Service, you represent and warrant that you meet these requirements.

The Service is initially available to users in Southern California. Users outside this region may register and hold a Passport, but Benefits and Club Partners may be limited or unavailable in your area until network coverage expands.

To access most features of the Service, including the redemption of Benefits, you must create an account at piklpassport.com. You agree to provide accurate, current, and complete information at registration and to keep that information up to date. You are responsible for maintaining the confidentiality of your account credentials and for all activity that occurs under your account, and you agree to notify us promptly of any unauthorized use.

4. The PIKL Passport Service

The Service provides a digital Passport issued to you and stored in your wallet platform; access to a network of Club Partners and their Benefits; a points-tracking system for eligible activity; and communications about Club Partners, Benefits, network updates, and your account.

The Service is provided “as is” and may be modified, expanded, or limited at any time as the Service evolves. DinkSmart does not guarantee that any specific Club Partner, Benefit, or feature will be available at any particular time.

5. Founding Member Status

Users who register and add a Passport to their wallet during the Founding Member window are designated “Founding Members.” The Founding Member window opens on the public launch date of the Service and closes when DinkSmart determines, in its sole discretion, that the Founding Member program has reached its planned size. DinkSmart may extend or close the window at any time.

Founding Member status is:

  • Permanent. Once granted, your Founding Member status remains with your account for as long as your account is active and in good standing.

  • Non-transferable. Founding Member status is tied to your account and cannot be sold, gifted, or transferred to another person.

  • Subject to ongoing program design. The specific recognition, perks, or treatment associated with Founding Member status may evolve as the Service grows, but the status itself cannot be revoked except for breach of these Terms.

6. Points

6.1 What Points are Points are a non-monetary digital credit awarded to you for eligible activity within the Service, such as visiting a Club Partner with your Passport. Points exist solely as an internal record within the Service.

6.2 No cash value Points have no cash value, are not currency, are not redeemable for cash, and cannot be sold, transferred, exchanged, or otherwise monetized outside the Service. Points are not a substitute for any rewards program, gift card, or stored-value product.

6.3 Earning Points You may earn Points by completing eligible activities as defined by DinkSmart from time to time. We determine in our sole discretion which activities are eligible to earn Points, the number of Points awarded for each activity, and any limits or caps that may apply.

6.4 Redemption Redemption of Points for goods, services, or other rewards is not available at launch. We intend to make redemption available in a future phase of the Service, including (without commitment to specific items, dates, prices, or quantities) the ability to redeem Points within a planned PIKL Passport shop. Until redemption is enabled, accumulated Points are tracked and visible in your account but cannot be exchanged.

6.5 Reservation of rights We reserve the right, at any time and in our sole discretion, to:

  • Set, change, or remove the number of Points awarded for any activity

  • Change the rate at which Points may be redeemed if and when redemption is enabled

  • Set or change limits, caps, or expiration dates applicable to Points

  • Modify, suspend, or discontinue the Points program in whole or in part, with or without notice

If we discontinue the Points program in whole, we will provide reasonable advance notice and (if redemption has been enabled) a reasonable period during which accumulated Points may be redeemed.

6.6 Expiration Points may expire if your account is inactive for an extended period or if otherwise specified in the Service. Where required by law, we will give notice before expiring Points.

6.7 Fraud and abuse Points earned through fraud, manipulation, false check-ins, or any activity that violates these Terms may be reversed, withheld, or forfeited at our sole discretion. We may also suspend or terminate accounts engaged in such activity.

7. Club Partners and Benefits

Benefits are offered by Club Partners, not by DinkSmart Inc. Each Club Partner sets the terms, availability, and limitations of its own Benefits. DinkSmart Inc. facilitates the network and the Passport but is not responsible for the operation, pricing, scheduling, quality, or honoring of any individual Club Partner's Benefits.

We make reasonable efforts to keep listings of Benefits accurate, but specific Benefits may change, be modified, or be discontinued by Club Partners at any time without notice. If a Club Partner declines to honor a Benefit, please contact us so we can investigate; however, your remedy is against the Club Partner unless we determine otherwise.

8. Booking and Redemption at Clubs

Each Club Partner runs its own booking and reservation system. To use a Benefit at a Club Partner, you may need to register separately with that Club Partner's booking platform, follow that Club Partner's booking rules, and present your Passport at check-in. DinkSmart does not control these third-party systems, their availability, or their fees, and is not responsible for booking issues that arise outside our Service.

9. Subscription, Fees, and Future Charges

The Service is free at launch. We reserve the right to introduce paid subscription tiers, fees, or premium features in the future. If we introduce charges, we will give you reasonable advance notice and, where required, the opportunity to opt in or to cancel without penalty before any charge is incurred.

10. Communications

By creating an account, you agree to receive communications from us related to your account, the Service, and Club Partners, by email and (if you have opted in) by text message.

Email. You consent to receive transactional and informational emails from us, including welcome messages, account updates, network news, and Benefit announcements.

SMS. If you have ticked the SMS opt-in checkbox at registration, you consent to receive text messages from PIKL Passport about your account, Benefits, and Service updates. Message frequency varies. Standard message and data rates may apply. You can opt out at any time by replying STOP to any message; reply HELP for help. SMS consent is not a condition of using the Service.

11. Privacy

Your use of the Service is also governed by our Privacy Policy, which describes how we collect, use, and protect your personal information. By using the Service, you agree to the practices described in the Privacy Policy.

12. User Conduct

You agree not to:

  • Use the Service for any unlawful purpose

  • Misrepresent your identity or affiliation

  • Use another person's Passport, or allow another person to use yours

  • Attempt to gain unauthorized access to any part of the Service or its systems

  • Engage in fraud, abuse, or manipulation of the Points system or the Benefits program

  • Interfere with or disrupt the Service, including by introducing viruses or malicious code

  • Reverse engineer, scrape, or harvest data from the Service

  • Resell, sublicense, or commercially exploit the Service or any Benefits without our prior written consent

13. Intellectual Property

The Service, including its content, design, software, trademarks, logos, and underlying technology, is owned by DinkSmart Inc. or its licensors and is protected by intellectual property laws. We grant you a limited, non-exclusive, non-transferable, revocable license to use the Service for personal, non-commercial purposes in accordance with these Terms. All other rights are reserved.

You may not use our names, logos, or trademarks without our prior written consent.

14. Disclaimers

The Service is provided “AS IS” and “AS AVAILABLE.” To the fullest extent permitted by law, DinkSmart Inc. disclaims all warranties of any kind, whether express or implied, including warranties of merchantability, fitness for a particular purpose, non-infringement, accuracy, and uninterrupted use. DinkSmart Inc makes no representations about the conduct, products, or services of any Club Partner or other third party. Your interactions with Club Partners are solely between you and the Club Partner.

15. Limitation of Liability

To the fullest extent permitted by law, in no event shall DinkSmart Inc, its officers, directors, employees, agents, or affiliates be liable for any indirect, incidental, special, consequential, or punitive damages, or for any loss of profits, revenue, data, or use, arising out of or in connection with the Service, even if advised of the possibility of such damages.

DinkSmart's total aggregate liability arising out of or related to these Terms or the Service shall not exceed the greater of (a) the amount you have paid to DinkSmart in the twelve months immediately preceding the event giving rise to the claim, or (b) US$100.

Some jurisdictions do not allow the exclusion or limitation of certain damages, so the above may not apply to you in full.

16. Indemnification

You agree to indemnify and hold harmless DinkSmart and its officers, directors, employees, agents, and affiliates from any claims, losses, damages, liabilities, and expenses (including reasonable legal fees) arising out of or related to your use of the Service, your breach of these Terms, or your violation of any law or third-party right.

17. Modifications

We may modify these Terms from time to time. If we make material changes, we will provide notice — for example, by email, by a notice in the Service, or by updating the “Last updated” date at the top of these Terms. Your continued use of the Service after the effective date of any change means you accept the modified Terms.

18. Suspension and Termination

We may suspend or terminate your account at any time, with or without notice, if we reasonably believe you have breached these Terms or engaged in fraud, abuse, or harmful conduct. You may close your account at any time by contacting us at the address below.

Upon termination, your right to use the Service ends. Sections that by their nature should survive termination — including Sections 6 (Points), 13 (Intellectual Property), 14 (Disclaimers), 15 (Limitation of Liability), 16 (Indemnification), and 19 (Governing Law and Dispute Resolution) — shall survive.

19. Governing Law and Dispute Resolution

These Terms are governed by the laws of the State of California, without regard to its conflict of laws principles.

Arbitration and class waiver. Any dispute arising out of or related to these Terms or the Service shall be resolved by binding individual arbitration administered by JAMS in Los Angeles, California, under the JAMS Streamlined Arbitration Rules then in effect. The arbitrator's decision shall be final and may be entered in any court of competent jurisdiction. You and DinkSmart agree that disputes will be resolved on an individual basis only and not as part of any class, consolidated, or representative action. This arbitration agreement does not preclude either party from seeking injunctive or equitable relief in court for misuse of intellectual property.

20. General

  • Entire agreement. These Terms, together with the Privacy Policy and any other policies referenced here, constitute the entire agreement between you and DinkSmart concerning the Service.

  • Severability. If any provision is held unenforceable, the remaining provisions will remain in full effect.

  • No waiver. Our failure to enforce any right is not a waiver of that right.

  • Assignment. You may not assign these Terms without our consent. We may assign these Terms in connection with a merger, acquisition, or sale of assets.

  • Notices. We may give you notices by email, by posting in the Service, or by other reasonable means.

21. Contact

DinkSmart, Inc.

11845 W. Olympic Blvd, Suite 1100W, Los Angeles, CA, 90064

Email: info@piklpassport.com

piklpassport.com

PIKL PASSPORT

Privacy Policy

1. About this Policy

This Privacy Policy describes how DinkSmart, Inc., a Delaware corporation with its principal place of business in California ("DinkSmart," "we," "us," or "our"), collects, uses, shares, and protects personal information in connection with the PIKL Passport service (the "Service"), including the website at piklpassport.com, the digital wallet pass, the points system, and any related communications.

This Policy applies to anyone who uses the Service. By using the Service, you agree to the collection, use, and disclosure of your information as described in this Policy. If you do not agree, please do not use the Service.

This Policy works alongside our Terms and Conditions. Capitalized terms used here have the meanings given in those documents.

2. Information We Collect

2.1 Information you provide directly When you create an account, activate a Passport, or otherwise interact with the Service, we may collect:

  • Account information — name, email address, mobile phone number, password (stored in encrypted form), and your communication preferences.

  • Passport activity — the digital pass installed in your wallet, your check-ins or visits to Club Partners, the Benefits you redeem, and your points balance and history.

  • Phone communications information — information related to calls placed through our phone routing system (see Section 7), including the parties to the call, the time and duration, and (where applicable) the audio content of the call.

  • Customer support information — if you contact us for support or feedback, we collect the contents of your message and any contact details you provide.

  • Optional information — any additional information you choose to share with us, such as profile preferences or survey responses.

2.2 Information we collect automatically When you use the Service, we and our service providers may automatically collect:

  • Device and connection information — IP address, device type, operating system, browser type, mobile carrier, language, and similar technical data.

  • Usage information — pages or screens viewed, links clicked, features used, time spent, referring/exit pages, and other interaction data.

  • Approximate location — derived from your IP address. We do not collect precise GPS location ourselves. If you have added the Passport to a wallet platform, your wallet platform may use your precise location to determine proximity to Club Partners and display your Passport accordingly; this location matching is performed by your device and the wallet platform, and we do not receive your ongoing location data through this mechanism. See Section 6 for more detail.

  • Cookies and similar technologies — see Section 5 (Cookies and Tracking).

2.3 Information from third parties We may receive information about you from:

  • Wallet providers — Apple Wallet, Google Wallet, or other supported wallet platforms, when you add or interact with your Passport.

  • Club Partners — information about your check-ins, Benefit redemptions, or attendance at participating venues.

  • Service providers — our messaging, email, telephony, analytics, and other vendors, who provide us with information related to the Service's operation.

  • Other sources — publicly available information or information you authorize other services to share with us.

3. How We Use Your Information

We use your information to:

  • Operate, maintain, and improve the Service, including the Passport, the points system, and the Club Partner network.

  • Create and manage your account, authenticate you, and provide customer support.

  • Process Passport activations, check-ins, and Benefit redemptions.

  • Track and credit Points to your account.

  • Route, monitor, and (where applicable) record calls placed through our phone routing system, for quality and operational follow-up.

  • Deliver wallet pass notifications and updates relating to your Passport.

  • Send you operational and account-related communications, including welcome messages, account updates, and notices about changes to the Service.

  • Send you marketing communications about Club Partners, Benefits, local deals, and other PIKL Passport news, where you have given the appropriate consent.

  • Personalize the Service — for example, surfacing Club Partners and Benefits and rewards relevant to your area.

  • Measure and understand how the Service is used, and improve its design, content, and features.

  • Measure the effectiveness of our advertising and marketing on third-party platforms (see Section 5).

  • Detect, prevent, and respond to fraud, abuse, security issues, and violations of our Terms and Conditions.

  • Comply with legal and regulatory obligations and enforce our rights.

4. How We Share Your Information

We do not sell your personal information in exchange for monetary consideration. However, we do use third-party advertising technologies — including the Meta Pixel — that involve sharing limited information about your interactions with the Service with platforms such as Meta (Facebook and Instagram), so that we can measure the effectiveness of our marketing and serve relevant ads on those platforms. Under California law, this activity may be considered a “share” of personal information for cross-context behavioral advertising. You have the right to opt out — see Section 9.

We may share your information in the following circumstances:

4.1 With service providers We share information with vendors and service providers who help us operate the Service. These include cloud hosting providers, email service providers, SMS messaging providers, telephony and call-recording providers, analytics providers, customer support tools, fraud-prevention services, and (when applicable) payment processors. These providers are contractually limited to using the information only to provide services to us and are required to maintain appropriate safeguards.

4.2 With Club Partners When you check in, redeem a Benefit, or otherwise interact with a Club Partner using your Passport, that Club Partner receives limited information necessary to recognize you as a Passport holder and honor the Benefit. This typically includes:

  • Your name and Passport identifier

  • Your Founding Member status, if applicable

  • The date, time, and details of your visits to that Club Partner

  • The specific Benefits you redeemed at that Club Partner

  • Points you earned at that Club Partner

Each Club Partner only sees information about your activity at their own location. A Club Partner does not see your visits, redemptions, points, or any other activity at any other Club Partner in the network.

4.3 With advertising and analytics partners As described in Section 5, we use the Meta Pixel and similar tools to measure the effectiveness of our marketing and to serve relevant advertising on third-party platforms. Through these tools, certain data about your interactions with the Service is shared with the relevant platform — most notably Meta Platforms, Inc. (Facebook and Instagram). Under California law, this may constitute a “share” of personal information for cross-context behavioral advertising. You have the right to opt out (see Section 9.4).

4.4 For legal reasons We may share your information when we reasonably believe disclosure is necessary to: comply with a law, regulation, court order, subpoena, or other legal process; respond to lawful requests from public authorities; protect the rights, property, or safety of DinkSmart, our users, or others; or investigate, prevent, or take action regarding suspected or actual unlawful activity, fraud, or violations of our Terms.

4.5 In a business transfer If DinkSmart is involved in a merger, acquisition, financing, sale of assets, reorganization, bankruptcy, or similar transaction, your information may be transferred to the successor or acquiring entity.

4.6 With your consent or at your direction We may share your information for purposes you specifically consent to or direct, including when you ask us to share information with a third party.

4.7 Aggregated or de-identified information We may share aggregated, anonymized, or de-identified information with Club Partners, prospective partners, investors, or the public. This information cannot reasonably be used to identify you.

5. Cookies and Tracking Technologies

We and our service providers use cookies, pixels, SDKs, and similar technologies to operate the Service, remember your preferences, understand usage, and (where you consent) support our marketing. The categories include:

  • Strictly necessary — required for the Service to function (for example, keeping you logged in).

  • Analytics and performance — help us understand how users interact with the Service so we can improve it.

  • Functional — remember your preferences and personalise your experience.

  • Marketing — used to measure the effectiveness of our marketing and to support advertising on third-party platforms.

Marketing pixels and advertising tools We use the Meta Pixel (also known as the Facebook Pixel), provided by Meta Platforms, Inc., to measure the effectiveness of our marketing and to serve relevant advertising on Meta-owned platforms (Facebook, Instagram, and others). Meta's use of your information is governed by Meta's own privacy policy, available at facebook.com/privacy/policy.

6. Wallet Pass Notifications

When you add the PIKL Passport to Apple Wallet, Google Wallet, or another supported wallet platform, your wallet platform may display notifications related to your Passport. There are two types:

  • Issuer-initiated updates. We (and, in limited cases, Club Partners) may send updates that appear on your Passport — for example, changes to Club Partner offers, your points balance, or program news.

  • Location-based notifications. Your wallet platform may display your Passport on your device's lock screen when it detects you are in proximity to a Club Partner. This matching is performed by your device, not by DinkSmart.

7. Phone Routing and Call Recording

To make it easy for you to contact a Club Partner about your Passport benefits, we provide a phone routing service through which calls placed via the Service are connected through a DinkSmart phone number.

  • Notice and consent: At the start of any recorded call, both you and the Club Partner will be informed by an automated message that the call may be recorded. By continuing the call, you consent to the recording.

  • Use of recordings: Recordings are used internally to support service quality and resolve operational issues. We retain recordings for a limited period and then delete them in the ordinary course.

8. Your Choices and Communication Preferences

  • 8.1 Email: You can opt out of marketing emails by clicking the “unsubscribe” link in any marketing email we send.

  • 8.2 SMS / Text messages: You can opt out at any time by replying STOP to any message. Reply HELP for help. SMS consent is not a condition of using the Service.

  • 8.3 Cookies and tracking: See Section 5 above for information on managing cookies.

  • 8.4 Wallet pass notifications: You can manage notifications through your device's notification settings.

  • 8.5 Account closure: You can request that we close your account at any time by contacting us at the address in Section 15.

9. California Privacy Rights

If you are a California resident, the California Consumer Privacy Act (as amended by the California Privacy Rights Act) gives you specific rights regarding your personal information.

9.4 Your California rights Subject to certain exceptions, California residents have the right to:

  • Know — request information about the personal information we collect, use, and share.

  • Access — request a copy of the personal information we hold.

  • Delete — request deletion of personal information.

  • Correct — request correction of inaccurate personal information.

  • Opt out of sale or sharing — opt out of the sale or sharing of your personal information for cross-context behavioral advertising.

To exercise these rights, contact us at privacy@piklpassport.com.

10. Data Security

We use reasonable administrative, technical, and physical safeguards designed to protect personal information against unauthorised access, use, disclosure, alteration, or destruction.

11. Data Retention

We retain personal information for as long as your account is active and as long as needed to provide the Service, comply with our legal obligations, resolve disputes, and enforce our agreements.

12. Children's Privacy

The Service is intended for users aged 18 and over. We do not knowingly collect personal information from anyone under 18.

13. International Users

The Service is operated in the United States and is intended for users in the United States. If you access the Service from outside the U.S., your information will be transferred to, stored, and processed in the United States.

14. Changes to this Policy

We may update this Policy from time to time. If we make material changes, we will notify you by email, through a notice in the Service, or by updating the “Last updated” date at the top of this Policy.

15. How to Contact Us

If you have questions, comments, or requests regarding this Policy or our privacy practices, please contact us at:

DinkSmart, Inc.

11845 W. Olympic Blvd, Suite 1100W, Los Angeles, CA 90064

Email: info@piklpassport.com

piklpassport.com