Puntos Terms of Service

DRAFT — for lawyer review. Not yet in effect.

Version: 0.1 (draft) · Effective date: [EFFECTIVE DATE]

These Terms of Service ("Terms") are an agreement between you and the Puntos team ("Puntos", "we", "us") for your use of the Puntos website, apps, and related services (the "Service"). By creating an account or using the Service, you agree to these Terms. If you do not agree, do not use the Service.

You can contact us at [CONTACT EMAIL].

1. Summary (not a substitute for the full Terms)

• Puntos is a tool for organizing open runs and similar games. We do not run, host, or supervise games, and we are not the venue.
• Organizers are responsible for their events, their rules, the venue, and collecting their own fees.
• Puntos never holds your money. You pay organizers directly (GCash, Maya, bank, cash). We only record what organizers and players report.
• Sports carry a risk of injury. You play at your own risk.
• Balances, no-shows, and reliability records are records of what organizers reported, with a dispute process. They are not credit scores and are not public accusations.
• Be fair and respectful. Accounts that abuse the Service can be restricted or removed.

2. Definitions

• Player: anyone who joins, waitlists for, or attends an event through the Service.
• Organizer: a club owner, admin, or staff member who creates or manages clubs or events.
• Club: a group created on the Service by an organizer.
• Event: an open run, game, or session listed on the Service.
• Policy: the rules an organizer sets for an event (payment deadline, waitlist, cancellation, transfers ("pasalo"), minimum players, no-show fees).
• Content: anything you submit, including your profile, messages, payment references, and payment proof images.

3. What Puntos is (and is not)

3.1 Puntos provides software that helps organizers publish events, keep rosters and waitlists, record payments and attendance, and share updates.

3.2 Puntos is not a party to any agreement between organizers and players. We are not the organizer, venue owner, coach, referee, insurer, payment provider, escrow agent, or collection agency.

3.3 We do not verify the identity, skill, health, conduct, or reliability of organizers or players, the safety of venues, or the accuracy of event details, except as expressly stated in the Service.

4. Eligibility and accounts

4.1 You must be at least 18 years old, or have the consent of a parent or legal guardian who agrees to these Terms on your behalf and supervises your use. Organizers must be at least 18.

4.2 Provide accurate information and keep it up to date. One person, one account. Do not impersonate anyone.

4.3 You are responsible for activity on your account and for keeping your login secure. Tell us immediately at [CONTACT EMAIL] if you suspect unauthorized use.

4.4 We may require phone verification. A verified phone number may be linked to only one account.

5. Players

5.1 Joining. When you join an event, you agree to that event's Policy as shown before you join. The Service records the Policy version you joined under; later changes by the organizer do not change your obligations retroactively.

5.2 Slots and waitlists. Slots are first-come, first-served as recorded by our servers. Waitlist promotions follow the event's Policy. A slot is not guaranteed until the Service shows it as confirmed.

5.3 Payment obligations. If an event has a fee, your obligation to pay is to the organizer, under the event's Policy. This may include fees for late cancellation or for not showing up if the Policy says so and you agreed to it.

5.4 Cancellations and pasalo. Cancel or transfer your slot only through the Service so the roster stays accurate. Consequences (refunds, liability) follow the event's Policy and are shown before you confirm.

6. Organizers

By creating a club or event, you also agree to this section.

6.1 Your events. You are solely responsible for your events, including: the accuracy of event details; securing the venue and any permits; the conduct and safety of the game; enforcing fair play; and any taxes, receipts, or registrations that apply to fees you collect.

6.2 Your policies. You choose each event's Policy. Policies must be fair, clearly stated, and lawful. You must honor the Policy shown to players when they joined.

6.3 Fees and refunds. You collect fees directly from players through your own accounts. You are responsible for issuing refunds that you owe under your Policy or under law (for example, when you cancel an event or it is cancelled for not reaching minimum players). Marking a refund as sent in the Service is your statement that you sent it.

6.4 Accurate records. Mark payments, attendance, and no-shows truthfully and promptly. Do not use no-show marks, balances, or bans to harass, punish, or retaliate. Respond in good faith to player disputes.

6.5 Payment details. Payment account details you add are shown only to players registered in your events. Only add accounts you are authorized to use.

6.6 Player data. You may use player information you see in the Service only to run your club and events. Do not export it for unrelated purposes, sell it, or share it publicly. You are responsible for your own compliance with the Data Privacy Act for any data you take outside the Service.

6.7 Indemnity. You will defend and hold Puntos harmless from claims arising from your events, venues, fees, refunds, or your breach of these Terms, to the extent permitted by law.

7. Payments: Puntos never holds funds

7.1 During this version of the Service, all payments are made directly between players and organizers using methods outside Puntos (such as GCash, Maya, bank transfer, QR Ph, or cash). Puntos does not receive, hold, transfer, or disburse funds, and is not a bank, e-money issuer, remittance agent, or payment processor.

7.2 Payment references and proof images you submit are records for the organizer to review. Approval by an organizer means the organizer confirms receipt; it is not confirmation by Puntos.

7.3 Puntos is not responsible for failed, duplicated, reversed, or fraudulent payments between players and organizers, or for any fees charged by your wallet or bank.

7.4 Balances. A balance shown in the Service is a ledger of charges, payments, refunds, and waivers as recorded by organizers and players under event Policies. It is a record to help both sides settle up, not a determination by Puntos that money is legally owed. Puntos does not collect debts and does not report balances to credit bureaus.

7.5 If we later offer integrated payments, they will be provided by a licensed payment partner under separate terms.

8. Assumption of risk

8.1 Basketball, pickleball, and other sports involve inherent risks of injury, including serious injury, illness, or death, and risks from other participants, equipment, and venue conditions.

8.2 You participate in any event voluntarily and at your own risk. You are responsible for judging whether you are fit to play, for your own equipment, and for having any insurance you need.

8.3 Puntos does not supervise events, inspect venues, or vet participants. Organizers and venues may have their own waivers and rules; follow them.

9. Attendance, reliability records, and disputes

9.1 The Service may show a reliability record (for example: events attended, no-shows, late cancellations, settled balances). It is a factual summary of records made by organizers, not an opinion or score by Puntos.

9.2 You control who sees your reliability record through your privacy settings, except that organizers of clubs you join may see records related to their own club.

9.3 You can dispute a no-show, payment, or refund record in the Service. Disputed records are excluded from your reliability record until resolved. Organizers resolve disputes about their own events; Puntos may review disputes that involve abuse of the Service, but does not adjudicate private payment disagreements.

10. Acceptable use

You agree not to:

• break the law, or use the Service to defraud, harass, threaten, discriminate against, or defame anyone;
• create fake or duplicate accounts, including to avoid balances, bans, or restrictions;
• submit fake payment references or altered proof images;
• scrape, copy, or resell the Service or its data, or access it by automated means except through features we provide;
• interfere with the Service's security or operation, probe for vulnerabilities outside our security policy, or overload it;
• upload malware or content you do not have the right to share;
• follow the Community Guidelines.

11. Suspension and termination

11.1 You may stop using the Service and delete your account at any time from your settings. Some records may be kept as described in the Privacy Notice (for example, anonymized ledger entries needed for other users' accurate balances).

11.2 We may restrict, suspend, or terminate accounts or clubs that breach these Terms, create risk for others, or where required by law. Where reasonable, we will tell you why and give you a chance to respond.

11.3 Deleting your account does not cancel amounts you owe organizers or organizers owe you.

12. Disclaimers and limitation of liability

12.1 The Service is provided "as is" and "as available". To the extent permitted by law, we do not warrant that it will be uninterrupted, error-free, or that rosters, notifications, or records will always be accurate or delivered on time.

12.2 To the extent permitted by law, Puntos is not liable for: injuries, losses, or damages arising from events, venues, or interactions between users; payments, refunds, or balances between players and organizers; or indirect, incidental, special, or consequential damages, or lost profits.

12.3 To the extent permitted by law, our total liability for any claim relating to the Service is limited to the greater of (a) the amount you paid Puntos for the Service in the 12 months before the claim, or (b) ₱1,000.

12.4 Nothing in these Terms excludes liability that cannot be excluded under Philippine law, including liability for fraud, bad faith, or gross negligence.

13. Content and intellectual property

13.1 You keep ownership of your Content. You give Puntos a non-exclusive, royalty-free license to host, store, display, and process it only to operate and improve the Service and as described in the Privacy Notice.

13.2 You are responsible for your Content and confirm you have the right to share it.

13.3 The Service, its software, and the Puntos name, logos, and brand are owned by the Puntos team and protected by law. You may not use them without permission, except to share links to events.

13.4 If you send us feedback, we may use it without obligation to you.

14. Third-party services

The Service relies on third parties (for example, sign-in providers, hosting, email, and messaging apps such as Facebook Messenger for sharing). Their services are governed by their own terms. We are not responsible for them.

15. Changes to the Service and these Terms

We may change the Service. We may update these Terms; if a change is material, we will notify you in the Service or by email and ask you to accept the new version before continuing. The version and effective date are shown at the top.

16. Governing law and disputes

16.1 These Terms are governed by the laws of the Republic of the Philippines.

16.2 Before filing a case, please contact us at [CONTACT EMAIL] so we can try to resolve the issue informally within 30 days.

16.3 Disputes will be brought exclusively before the proper courts of [VENUE CITY], Philippines, without prejudice to remedies available under small claims procedure or consumer protection laws.

17. General

These Terms, the Privacy Notice, the Community Guidelines, and any event Policy you accept are the entire agreement between you and Puntos about the Service. If any part is unenforceable, the rest remains in effect. Our failure to enforce a term is not a waiver. You may not transfer your rights under these Terms; we may transfer ours in a reorganization or sale of the business, with notice to you.

Electronic acceptance of these Terms has the same effect as a signed writing under the Electronic Commerce Act (RA 8792).