MatchPlay’s Standard Terms of Use

Please read these Standard Terms of Use (“Terms”) carefully. This Terms of Use Agreement ("Agreement") is entered into between you ("User") and MatchPlay Group ("Company," "we," "us," or "our"). By accessing or using our website, www.matchplaygroup.com ("Website"), you agree to comply with and be bound by the terms and conditions set forth in this Agreement. If you do not agree to these terms, please do not use our Website.

We’ll start with the basics, including a few definitions that should help you understand these Terms. MatchPlay Open is a DIY (Do-It-Yourself) program ( the “Program”) that focuses on providing clear, structured learnings for entrepreneurs of all levels (collectively “Learnings”). Our goal is to enhance your understanding and skills in managing a business without overwhelming you with information you already know. The Program is part of the platform operated by the MatchPlay Group (the “MatchPlay Platform”) and is offered through our websites, including https://www.matchplaygroup.com, https://app.matchplaygroup.com, and any other website or mobile application owned, operated or controlled by us (we’ll collectively refer to these as the “MatchPlay Site,” and together with the Program and insights, analytics, and other resources we make available through our products and services, the “Service”). MatchPlay has employees, officers, directors, independent contractors, and representatives (“our Team”). As a customer of the Service or a representative of an entity that’s a customer of the Service, you’re a “Member” according to this Agreement (or “you”).

These Terms, including our Acceptable Use Policy, Copyright and Trademark Policy, and Brand Guidelines (collectively, the “Agreement”) define the terms and conditions under which you’re allowed to use the Service in accordance with the Agreement, which in addition to our Global Privacy Statement and Cookie Statement, describe how we’ll treat your account and the data we collect and process about you while you’re a Member. If you don’t agree to these Terms, you must immediately discontinue your use of the Service.

I. Account

1. Acceptance of Terms

By accessing or using any Uses provided by MatchPlay, you agree to be bound by these Terms of Use ("Agreement"). If you do not agree to these terms, please do not use the Uses.

2. Description of Uses

MatchPlay provides startup-related Uses, including MatchPlay Open, MatchPlay Challenge, and MatchPlay Masters. These Uses are designed to assist startup founders in discovering resources, participating in accelerators, and accessing fractional C-Suite Uses.

3. Eligibility

In order to use the Service, you must:

• be at least eighteen (18) years old and able to enter into contracts;
• complete the account registration process;
• agree to these Terms and the other terms and conditions linked in these Terms that form part of the Agreement;
• provide true, complete, and up-to-date contact and billing information;
• not be based in Cuba, Iran, North Korea, Syria, Russia, the Crimea, Donetsk ("DNR"), and Luhansk ("LNR") regions of Ukraine or any other territory that is subject to a government embargo;

By using the Service, you represent and warrant that you meet all the requirements listed above, and that you won’t use the Service in a way that violates any laws or regulations. Note that by representing and warranting, you are making a legally enforceable promise.

4. User Account

To access certain features of the Uses, you may be required to create an account. You agree to provide accurate and complete information during the registration process and to update such information to keep it accurate and current.

5. Closing Your Account

MatchPlay reserves the right to refuse use, close accounts, and change eligibility requirements at any time. The agreement can be terminated by either the user or MatchPlay, either by terminating their account or providing notice. The service can be suspended without refund or reimbursement. Inactive accounts for 24 or more months may result in account termination, and prepaid amounts are not refundable. Once terminated, the user agrees to permanently delete their account and all associated data, including their MyMatchPlay Profile. Usernames are unique and can only be used once, and once terminated, they are no longer available for future use and cannot be reclaimed.

6. Account and Password

You are responsible for maintaining your account name and password, and for any activity in your account, including authorized activities. If you notice any unauthorized access or use, you must immediately inform MatchPlay. We cannot be held responsible for any losses due to stolen or hacked passwords. We do not have access to your current password and can only provide instructions on password reset. We may update your contact information for billing purposes. You must ensure that all information you provide to MatchPlay is complete and accurate when establishing an account and using the Service. We may contact you or any authorized user based on your account information.

II. Payment

7. Debit and Credit Cards

As a member of a Paid Monthly Plan (each, a “Monthly Plan”), you must provide valid debit or credit card information to authorize us to deduct your charges against that card (“card”). If your card is automatically replaced by a new one, you agree that we are authorized to deduct any charges on your account against the new card. Anyone using a card represents and warrants that they are authorized to use that card and that all charges may be billed to that card. If we cannot process your card order, we will contact you via email and may suspend your account until payment can be processed.

8. Refunds

You won’t be entitled to a refund or credit from us under any circumstance. However, we may, at our sole discretion, offer a refund, discount or credit.

9. Charges for Add-Ons

If you use a charge-based Add-on, you will be billed for the additional amount each billing cycle, which may differ from your Monthly Plan or other Service features. Some Add-ons may require upfront payment for their entire cycle.

10. Billing Changes and Taxes

MatchPlay reserves the right to change its fees, including monthly plans at any time by posting a new pricing structure on the MatchPlay Site or in your account. Quoted fees do not include sales or transaction-based taxes. Taxes refer to all applicable taxes, including indirect taxes such as GST, VAT, sales tax, fees, duties, levies, and similar taxes. Unless otherwise stated, consideration, amount payable, prices, fees, payment terms, and other amounts are exclusive of taxes. If any amount payable by you to MatchPlay is subject to taxes, MatchPlay will collect the full amount from you, without reducing the amount to which MatchPlay is entitled. You must pay any applicable taxes and are responsible for any withholding or similar tax, taxes not collected by MatchPlay, or other taxes or government levy. You must indemnify and hold MatchPlay harmless against any claims by any competent tax authority related to these taxes and any penalties and interest thereon.

III. Rights

11. Feedback and Proprietary Rights

MatchPlay owns all proprietary rights in the Service and MatchPlay Site, including patents, trademarks, service marks, trade secrets, copyrights, and other intellectual property rights. Users must respect these rights and use brand assets according to our Brand Guidelines. You retain all rights, title, and interest in the material, content, data, and information submitted to MatchPlay during use or retrieved at your direction. You grant MatchPlay permission to use or disclose your Content only as necessary to provide the Service and as permitted by these Terms. You represent and warrant that you own or have obtained all necessary rights, releases, and permissions to submit your Content to the Service and grant the rights granted to us in these Terms. Your Content and its use as authorized will not violate any applicable law, third-party intellectual property, privacy, publicity, or other rights, or any policies or terms governing your Content.

Feedback is a valuable tool for improving the Service and developing new features and services. It can be provided voluntarily or asked for, and if provided, it grants a perpetual, irrevocable, royalty-free, non-exclusive, worldwide, sublicensable, and transferable license to use, reproduce, display, distribute, modify, and perform the Feedback. However, you will not receive any compensation for your feedback.

12. Privacy

Our commitment to your privacy is evident in our Global Privacy Statement and Cookie Statement. We process most of your personal information as a processor or service provider, following our Data Processing Addendum. However, we process personal information, including Content and other data from Member accounts, as a controller for the Service's development and other important business purposes. This includes sharing this information with MatchPlay Inc. and its group companies to improve other MatchPlay products and services, provide insights about your business, and personalize your user experience within the MatchPlay Platform. This is in accordance with the applicable MatchPlay terms of service.

As a controller, we process data from the European Economic Area, UK, or Switzerland in countries with inadequate data protection laws. We must comply with standard contractual clauses from the European Commission's Implementing Decision 2021/914 or equivalent clauses adopted by the UK Government. These clauses are incorporated in the Agreement between you and MatchPlay and form an integral part of the data processing process.

We cannot guarantee the security of every data transmission over the internet.

MatchPlay uses various communication methods to support and serve its users, including text messages, emails, and messaging. Users can opt-in or opt-out of certain types of communications or sign up for specific messages. They must notify MatchPlay of any changes to their contact details to update their preferences. MatchPlay may use your telephone number for "multi-factor authentication" (MFA) to confirm your identity and protect your account security. MatchPlay may send text messages containing security codes to your number as part of the MFA process. Additionally, MatchPlay may send automated text messages and pre-recorded voice messages to your telephone number for other limited purposes, such as providing critical notices or fulfilling requests made through the Service. By providing your telephone number, MatchPlay ensures that your preferences are updated and supported.

MatchPlay may use your telephone number to contact you about special offers or other products or services, unless you opt out of such marketing. By providing a telephone number, you confirm that you are the current subscriber or owner of that number. MatchPlay and its affiliates may contact you by telephone or text message for various purposes, including verifying your identity, providing important notices about your account or use of the Service, fulfilling your requests, or letting you know about promotions or other MatchPlay services. Your consent to receive automated calls and texts is voluntary, and you can opt out at any time. If you do not opt out, we may contact you even if your number is listed on a do-not-call list or if you cancel your account or terminate your relationship with us. You do not have to agree to receive promotional calls or texts as a condition of purchasing any goods or services.

MatchPlay uses information from your mobile phone service provider to verify your identity and compare your information with MatchPlay. This may include your name, address, email, customer type, billing type, mobile device identifiers, and other subscriber details. Text messages sent to you may vary in frequency and data rates, and MatchPlay is not responsible for these charges. You can ask for help or opt out at any time by replying HELP or STOP. MatchPlay and mobile carriers involved in text messaging are not liable for delayed or undelivered messages. To opt out of automated voice calls, you must provide written notice revoking your consent by contacting MatchPlay, including your full name, mailing address, account number, and specific phone number(s) you wish to opt out of.

13. Right to Review Content, Profiles and Sites

We may use your MyMatchPlay Profile, Sites, Third-Party Integrations, and account content to create algorithms and programs to identify problem accounts and improve the Service. These tools are used to identify members who violate our Terms or laws, and to study data internally to enhance the Service and improve Member experiences. We may also aggregate and anonymize data from your Profiles, Sites, and Third-Party Integrations to create statistical information. This data is our property and can be used for operating, analyzing, improving, or marketing our products and services, as well as sharing it externally for research and marketing purposes.

IV. Rules and abuse

14. Code of Conduct

As a user of MatchPlay Uses, you agree not to engage in any conduct that:

• Violates any applicable laws or regulations.
• Infringes on the intellectual property rights of others.
• Harasses, abuses, or threatens others.
• Impersonates any person or entity.
• Introduces viruses, worms, or any other harmful code.

We reserve the right to suspend or terminate your account if we determine that you are an organization that has publicly acknowledged its goals, objectives, positions, or founding tenets to include statements or principles that could be perceived as advocating, encouraging, or sponsoring Hateful Content or A Threat of Physical Harm, a person who has publicly made a comment or statement that could be perceived as Hateful Content or A Threat of Physical Harm, or a person or organization that has acted in a way that could be reasonably perceived as supporting or condoning Hateful Content or A Threat of Physical Harm.

MatchPlay also does not allow the distribution of Content that is, in our sole discretion, materially false, inaccurate, or misleading in a way that could deceive or confuse other parties, including mentors and investors, about important financial status, milestones, or circumstances.

If you violate any of these rules, then we may issue a warning to, suspend, or terminate your account.

15. Compliance with Laws and Regulations

The user agrees to use the Service in compliance with all applicable laws and regulations, including HIPAA, GLBA, Data Protection Laws, anti-corruption and anti-bribery laws, United States economic sanctions, and export control laws. They are responsible for determining if the Service is suitable for their obligations under these regulations. If the Service does not meet these requirements, the user is not liable. The user is also not liable for the use of AI models or their outputs, including any carrier requirements. The user is prohibited from using the Service for unlawful or discriminatory activities, including acts prohibited by the Federal Trade Commission Act, Fair Credit Reporting Act, Equal Credit Opportunity Act, Children's Online Privacy Protection Act, and Telephone Consumer Protection Act.

If you are subject to EU Data Protection Law, you agree that we have your written authorization to respond to any data subject access requests made by your contacts, or we may direct them to you for you to respond accordingly.

Section 15 does not provide a comprehensive overview of Global Trade Laws and Regulations governing MatchPlay, the Service, Platform, App, or Software. Users use the Software at their own risk, and it is their responsibility to consult with a legal advisor to ensure compliance with applicable laws.

V. Liability

16. Limitation of Liability

The text outlines the terms and conditions for using the MatchPlay Service. Users are responsible for any loss resulting from their use, including downloads from the MatchPlay Site. MatchPlay and its team are not liable for indirect, punitive, special, or consequential damages, including loss of data, profits, revenues, business opportunities, goodwill, or anticipated savings. The total liability of MatchPlay and its third-party providers, licensors, distributors, or suppliers to users in a calendar month will be no more than the amount paid for the Service the previous month. Users are also responsible for any content sent through the Service, and it is their responsibility to review all content before sending any campaigns. MatchPlay is not liable for any losses or damages suffered if users use the Service in violation of these Terms. Users are not liable for their relationship with their contacts and how they interact with them, including the collection of personal information or consent to communicate via Text Messaging. If applicable law requires, users must obtain consent directly from their contacts and consult with a licensed attorney to ensure compliance with all applicable laws.

17. No Warranties

The Service is provided as-is and does not offer any warranties, conditions, or undertakings, either express or implied. This includes warranties of merchantability, fitness for a particular purpose, data loss, merchantability, or non-infringement. The accuracy, reliability, or availability of content or information made available through the Service are excluded from the Agreement. Members use the Service for various reasons, so we cannot guarantee it will meet their specific needs. These terms are to the fullest extent permitted by law.

18. Indemnity

In this agreement, you agree to indemnify us and our team from any losses, damages, judgments, fines, and costs arising from claims made under the terms of the agreement. This indemnification is a contractual agreement to compensate someone for a loss. The agreement also covers claims related to your Content, Campaigns, Sites, Service use, violation of laws or regulations, third-party claims, misrepresentations, breaches of these Terms, and reliance on an AI Model. The indemnification covers legal fees and expenses, including legal fees and expenses, in connection with any claims related to these terms.

19. Equitable Relief

Violation of these Terms could cause irreparable harm to us and our Team, so we may seek injunctive or equitable relief, potentially requesting a court order.

20. Subpoena Fees

We may charge you for costs related to your account, such as retrieving records, preparing documents, and participating in depositions, if we need to provide information in response to a subpoena, court order, or other inquiry.

21. Disclaimers

The company is not liable for the actions of third parties, agencies, or other Members, including applications, products, or services used in connection with the Service. The use of such integrations is solely between the user and the applicable third party. The company makes no warranties or assumes no liability for the use of such integrations. Third-Party integration is governed by MatchPlay Terms of Service.

VI. Other important information

22. Assignments

The Agreement cannot be assigned to anyone else, but we can assign our rights and obligations at our discretion.

23. Modifications to Terms

MatchPlay may revise these terms at any time without notice. By continuing to use the Uses after any revisions, you agree to be bound by the revised terms.

24. Governing Law

This Agreement is governed by and construed in accordance with the laws of Maryland, without regard to its conflict of law principles.

25. Dispute Resolution

U.S. customers agree that any disputes arising from the Service or this Agreement will be resolved through binding arbitration or small claims court, rather than in general jurisdiction courts. Both parties can seek resolution in small claims court if all requirements are met. Arbitration is more informal than a lawsuit, using a neutral arbitrator and allowing limited discovery. It is subject to limited review by courts and can award the same damages and relief as a court. The U.S. Federal Arbitration Act governs this arbitration provision, and both parties waive the right to a trial by jury or class action. This arbitration provision will survive termination of the Agreement or service.

26. Force Majeure

We cannot be held liable for delays or failures in service performance due to factors beyond our control, such as acts of god, changes in laws, war, terrorist acts, riots, earthquakes, nuclear accidents, floods, strikes, volcanic action, weather conditions, and hacking.

27. Survivability

The Agreement will continue to apply even if terminated, covering areas such as feedback, proprietary rights, legal compliance, liability limitations, warranties, indemnity, dispute resolution, legal choice, severability, and entire agreement.

28. Severability

If it turns out that a section of these Terms isn’t enforceable, then that section will be removed or edited as little as required, and the rest of the Agreement will still be valid.

29. Interpretation

The headers and sidebar text are provided only to make these Terms easier to read and understand. The fact that we wrote these Terms won’t affect the way the Agreement is interpreted.

30. Waiver

If we don’t immediately take action on a violation of these Terms, we’re not giving up any rights under the Terms, and we may still take action at some point.

31. No Changes in Terms at Request of Member

Because we have so many Members, we can’t change these Terms for any one Member or group.

32. Further Actions

You’ll provide all documents and take any actions necessary to meet your obligations under these Terms.

33. Notification of Security Incident

MatchPlay will notify you of a security incident involving personal information in its systems or databases, if required by law. They will provide you with information to evaluate the incident's consequences and any legal or regulatory requirements, unless legally or confidentially prohibited. Notifying or cooperating with you does not constitute an acknowledgement of MatchPlay's liability or fault.

34. Beta Services

We may occasionally invite users to try products or features not widely available to the public or release beta, preview, pilot, limited release, or similar services. These beta services are provided for evaluation or testing purposes and may contain bugs or errors. They are provided as-is and may include additional rules or restrictions. We may discontinue Beta Services at any time and may not make them generally available. Beta Services are a part of the Service and are subject to the terms of the Agreement.

35. Notices

Notices to users will be sent to their last email or physical address or posted on the MatchPlay Site. They may use any email or physical address within an account, including contact information. Legal notices will be effective when delivered to MatchPlay's legal counsel at Attn. Norman Law Firm, 8720 Georgia Avenue, Suite 1000, Silver Spring, MD 20910, or any addresses posted on the MatchPlay Site.

36. Entire Agreement

The Agreement, including the Terms and any Additional Terms enabled by Add-ons, is the entire agreement between us and supersedes all prior agreements. Additional Terms are incorporated when using the Service, and conflicting terms will be resolved.

Congratulations! You’ve reached the end.

Please read these terms carefully. Your use of MatchPlay Uses signifies your acceptance of these terms.

Updated November 29, 2023 and effective as of December 1st, 2023.