LEGAL
Terms of Use and Booking Terms
Version 2.0 | Effective July 13, 2026 | Last updated July 13, 2026
These Terms govern access to and use of Kachiball’s website, mobile applications, venue dashboard, booking and payment features, and related services in the United States.
Important legal notices
These Terms contain (1) an agreement to arbitrate most disputes on an individual basis, (2) a class-action and jury-trial waiver, and (3) provisions addressing risks inherent in sports and recreational activities. Please read Sections 10, 20, 21, and 22 carefully. You may opt out of arbitration within 30 days as explained in Section 22.8.
These Terms of Use and Booking Terms (“Terms”) are a binding agreement between you and Kachiball, Inc., a Delaware corporation (“Kachiball,” “we,” “us,” or “our”). By creating an account, checking a box that references these Terms, making a booking, accessing the Venue dashboard, or otherwise using the Service, you agree to these Terms. If you do not agree, do not use the Service.
If you use the Service for a company, Venue, or other organization, you represent that you have authority to bind that entity, and “you” includes the entity. Venue operators are also subject to a separate Venue Services Agreement. If that agreement conflicts with these Terms on a Venue-business matter, the Venue Services Agreement controls.
1. Definitions and Scope
Service. Kachiball’s website, mobile applications, Venue dashboard, search, booking, payment, communication, review, and related features.
Player or User. An individual who browses, creates an account, books a Venue, participates in a booking, submits content, or otherwise uses the Service.
Venue. An independent sports-facility owner or operator that lists courts, fields, or other bookable spaces through the Service.
Booking. A confirmed reservation for a specified Venue space, date, time, and duration.
Total Price. The full amount presented for confirmation at checkout, including all mandatory Kachiball and Venue fees and taxes as required by law.
User Content. Reviews, ratings, photos, profile information, feedback, reports, communications, and other content submitted by a User.
These Terms apply to consumer use of the Service. Separate terms may apply to promotions, Venue services, paid gift cards, beta features, or other offerings. If additional terms conflict with these Terms, the additional terms control only for the specific offering.
2. Eligibility, Authority, and Geographic Availability
Age. You must be at least 18 years old and legally capable of entering a contract to create an account or make a Booking. By using the Service, you represent that you meet these requirements.
Minors as participants. A Venue may allow a minor to participate only under its rules and applicable law. A parent or legal guardian must provide any required consent or waiver. Do not create an account for a minor or submit a minor’s Personal Information unless Kachiball expressly supports that flow and provides the required notice.
Authority. If you accept these Terms for a business or organization, you represent that you have authority to do so.
United States. The Service is intended for use in the United States. You may not use it if you are prohibited from receiving the Service under applicable sanctions, export-control, or other law.
3. Accounts and Account Security
Provide accurate, current, and complete information and keep it updated.
Maintain the confidentiality of login credentials and do not share or transfer your account.
Use only accounts and payment methods you are authorized to use.
Promptly notify Kachiball at legal@kachiball.com of suspected unauthorized access, fraud, or account compromise.
You are responsible for activity under your account to the extent permitted by law, except activity caused by Kachiball’s failure to use reasonable security or occurring after timely notice and a reasonable opportunity to secure the account.
We may require identity, payment, age, or business verification and may reject, limit, or suspend an account when reasonably necessary for security, fraud prevention, legal compliance, or enforcement of these Terms.
4. The Kachiball Marketplace and Our Role
Kachiball provides a marketplace and technology platform that helps Users discover Venues, view availability, request or confirm Bookings, pay, receive communications, and submit reviews. Unless expressly stated otherwise, Kachiball does not own, lease, manage, maintain, staff, or operate the Venue or provide the underlying sports or recreational activity.
Independent Venues. Venues are independent businesses, not Kachiball employees, agents, joint venturers, or franchisees. They are responsible for their facilities, equipment, staff, rules, licenses, permits, taxes, safety procedures, accessibility, insurance, listing accuracy, and performance of the Booking.
Listing information. Venue descriptions, photos, amenities, availability, ratings, and policies may be supplied by Venues or Users. Kachiball may review or verify information but does not guarantee that every listing is complete, current, or error-free.
No medical or emergency service. Kachiball does not provide medical advice, emergency response, supervision, refereeing, coaching, or safety inspections. In an emergency, contact 911 or local emergency services and Venue staff.
No guarantee of participants or opponents. Kachiball does not guarantee that other participants will attend, be suitable opponents, comply with rules, or possess any particular skill level.
5. Limited License and Ownership
Subject to these Terms, Kachiball grants you a limited, personal, revocable, nonexclusive, nontransferable, and nonsublicensable license to access and use the Service for its intended purpose. All rights not expressly granted are reserved.
The Service, including software, design, text, graphics, logos, trademarks, databases, compilation, and other content supplied by Kachiball, is owned by Kachiball or its licensors and protected by intellectual-property and other laws. “Kachiball” and related marks may not be used without prior written permission.
6. Bookings
6.1 Booking formation
Search results and availability are invitations to make a Booking, not guaranteed offers. A Booking is formed only when the Service displays or sends a confirmation identifying the Venue, space, date, time, duration, Total Price, and applicable cancellation policy. Inventory may change before confirmation.
6.2 Price and required disclosures
Before you confirm, checkout will display the Total Price. The Total Price includes all mandatory Kachiball and Venue fees. Taxes are included where required and otherwise separately itemized before confirmation. Optional products or services are not included unless you select them. Your bank, card issuer, or mobile carrier may impose separate charges outside Kachiball’s control.
6.3 Booking holder responsibilities
Review the Booking details, Total Price, cancellation policy, Venue rules, and any waiver before confirming.
Arrive on time, use only the reserved space and period, and comply with Venue staff instructions and applicable law.
Ensure that guests know and comply with Venue rules. You may not accept a personal waiver for another adult unless legally authorized.
Do not resell, transfer, sublicense, or commercially exploit a Booking unless the Venue and Kachiball expressly allow it.
Pay for damage, overtime, equipment, or other charges that you expressly authorize or that are validly imposed under a disclosed Venue policy and applicable law. Material post-booking charges will not be added without notice and a lawful basis.
7. Payments, Merchant of Record, and Taxes
7.1 Merchant of record and payment collection
The party acting as merchant of record for a Booking will be identified at or before checkout and on the receipt. Unless checkout expressly identifies the Venue or another party as the merchant of record, Kachiball acts as merchant of record for the Booking transaction, charges the Total Price, issues the receipt, handles customer-facing refunds under these Terms, and remits the Venue’s portion after applicable fees, adjustments, and obligations. If a Venue is identified as merchant of record, Kachiball acts as its authorized payment-collection agent to the extent stated at checkout.
7.2 Payment processor
Payments and Venue payouts are processed through Stripe or another provider identified in the Service. You authorize Kachiball, the identified merchant of record, and the payment provider to charge your selected payment method for the Total Price and any separately authorized adjustment. Your use of payment services is also subject to the provider’s applicable terms and privacy notice. Kachiball generally does not store full card numbers or card security codes.
7.3 Payment authorization and failed payments
You represent that you are authorized to use the payment method and that billing information is accurate.
We may obtain an authorization hold, retry a failed charge, or request another payment method.
If payment is declined or reversed, the Booking may be cancelled or access may be suspended, subject to applicable law and any completed service.
All prices are in U.S. dollars unless the Service states otherwise.
The Service is not a bank account, stored-value account, money-transmission service, or general-purpose wallet. Promotional credits are usable only as stated and are not redeemable for cash except where law requires.
7.4 Taxes
Kachiball or the Venue may calculate, collect, report, and remit sales, use, occupancy, amusement, or other transaction taxes where required. Venue operators remain responsible for taxes, licenses, and filings assigned to them by law or the Venue Services Agreement.
7.5 Payment disputes
Contact legal@kachiball.com promptly if you believe a charge is incorrect so we can investigate. Nothing in these Terms limits your nonwaivable rights with your card issuer or under applicable payment law. Knowingly initiating a false or abusive chargeback is prohibited.
8. Cancellations, Refunds, Venue Changes, and Force Majeure
8.1 Venue cancellation policy
Each Booking displays the applicable cancellation and refund policy before confirmation. That policy becomes part of the Booking. Policies may vary by Venue, time, activity, or rate. You may cancel through the Service when the Booking is eligible.
8.2 User cancellation, lateness, and no-show
Refund eligibility for a User cancellation, late arrival, early departure, or no-show is determined by the policy displayed at confirmation and applicable law. A late arrival generally does not extend the Booking. If a cancellation fee applies, it will be disclosed before you confirm the cancellation when practicable.
8.3 Venue cancellation or inability to honor a Booking
If a Venue cancels, materially changes, double-books, closes, or cannot provide the reserved space, Kachiball will use commercially reasonable efforts to offer a comparable rebooking or a refund of the affected Booking amount. Unless you affirmatively choose a credit or rebooking, a cash-equivalent payment will be returned to the original payment method when required by law.
8.4 Weather, emergencies, and events beyond control
Weather, unsafe conditions, utility outages, government orders, natural disasters, labor disruptions, public-health events, or other circumstances beyond reasonable control may affect a Booking. The disclosed Venue policy will apply unless applicable law or Kachiball’s written notice provides a more favorable remedy. Kachiball is not responsible for delay or failure caused by such events, but this does not eliminate any refund required by law or expressly promised.
8.5 Refund timing
Approved refunds are issued to the original payment method unless law or your agreement permits another method. Kachiball generally initiates an approved refund promptly. Banks and card networks commonly take additional business days to post it; timing is outside Kachiball’s control.
9. Promotions, Credits, and Gift Cards
Promotional codes and credits may be subject to eligibility, expiration, booking, and use restrictions stated in the offer. They may not be sold, copied, or combined except as allowed. Promotional value may expire where permitted by law and is not cash or a gift card. Paid gift cards, if offered, will be governed by separate terms and applicable federal and state gift-card laws. We may cancel or reverse promotional value obtained by fraud or error, but will not revoke value that you purchased except as permitted by law.
10. Sports and Recreational Risks; Safety; Assumption of Risk
READ THIS SECTION CAREFULLY
Sports and recreational activities involve inherent risks of injury, illness, property damage, disability, and, in rare cases, death. This Section allocates risk between you and Kachiball to the maximum extent permitted by law, but it does not waive liability that cannot legally be waived.
You understand that participation may involve physical exertion, contact or collision with people or objects, falls, slips, uneven surfaces, weather, heat, cold, equipment failure or misuse, acts of other participants, communicable illness, facility conditions, and other known or unknown risks. You voluntarily choose whether to participate and assume the risks inherent in the activity and the ordinary risks of using a Venue.
Assess your own health, ability, experience, and equipment and consult a qualified medical professional if you have concerns.
Inspect the immediate area and equipment before use, stop participating if conditions appear unsafe, and notify Venue staff.
Follow applicable laws, posted rules, instructions, capacity limits, and safety requirements.
Do not participate while impaired or when doing so would create an unreasonable risk to yourself or others.
In an emergency, call 911 or local emergency services; do not rely on the Service for emergency assistance.
To the fullest extent permitted by law, you release the Kachiball Parties (defined in Section 20) from claims arising solely from inherent risks of the activity, conditions or conduct controlled by an independent Venue, or acts of other participants. This release does not apply to Kachiball’s gross negligence, reckless or willful misconduct, violation of a nonwaivable law, or any other liability that cannot lawfully be released. Any release of a Venue is governed by that Venue’s separate waiver.
11. Venue Rules, Waivers, and Participant Authority
A Venue may require you and each participant to accept facility rules, a participant waiver, an assumption-of-risk agreement, or other terms before entry or participation. Kachiball may present and record acceptance of a Venue document as a technology service, but the Venue is responsible for its content, legal sufficiency, and enforcement.
A Venue waiver must be presented before the Booking or participation when required and should be accepted separately from these Terms.
You may accept a Venue waiver only for yourself unless you have legal authority to act for another person.
A parent or legal guardian must complete any required minor consent or waiver.
If a Venue document conflicts with these Terms, the Venue document governs participation and facility rules, while these Terms govern the Kachiball platform, payments, and Kachiball’s relationship with you, subject to nonwaivable law.
12. Reviews, Ratings, Photos, and Other User Content
12.1 Honest reviews are permitted
Kachiball does not prohibit or penalize an honest review or lawful consumer report. You may express a positive or negative opinion based on your genuine experience. Nothing in these Terms requires you to transfer ownership of a review or prevents you from contacting a regulator, law enforcement, a court, or another person about a lawful concern.
12.2 Standards for User Content
Reviews must reflect a genuine experience and must not be fake, purchased, generated for a person who did not use the Venue, or conditioned on a particular sentiment.
Disclose any material connection, incentive, employment, ownership, or other relationship that could affect credibility.
Do not post content that is unlawful, knowingly false, defamatory, harassing, threatening, discriminatory, obscene, exploitative, invasive of privacy, infringing, deceptive, or dangerous.
Do not reveal another person’s sensitive information, image, or private communication without a lawful basis and any required permission.
Do not manipulate ratings, coordinate review suppression, offer compensation for a positive review, or threaten a person because of a negative review.
12.3 Ownership and license
You retain ownership of User Content. You grant Kachiball a nonexclusive, worldwide, royalty-free, transferable, and sublicensable license to host, reproduce, format, translate, display, distribute, and use User Content as reasonably necessary to operate, secure, improve, and promote the Service. This is a license, not a transfer of ownership. It ends when the content is deleted from active systems, except for reasonable backup, legal, safety, fraud, and archival copies and materials already lawfully created for marketing.
You represent that you have the rights needed to submit User Content and grant this license. You are responsible for User Content and its consequences.
12.4 Moderation, reporting, and blocking
Kachiball may review, label, restrict, remove, preserve, or disclose User Content and may suspend Users when reasonably necessary to enforce these Terms, protect safety, comply with law, or address fraud or infringement. We are not obligated to pre-screen all content. The Service will provide a reasonable method to report objectionable content and, where applicable, block abusive users. A User may request review of a moderation decision through support.
12.5 Feedback
If you voluntarily provide ideas or suggestions about Kachiball, you grant us a perpetual, irrevocable, worldwide, royalty-free license to use them without restriction or compensation, without identifying you unless you agree.
13. Communications and Electronic Records
13.1 Electronic communications
You consent to receive agreements, notices, disclosures, receipts, and records electronically through the Service, email, or other electronic means. You may retain copies by printing or saving them. You may withdraw consent to electronic records by contacting us, but withdrawal may require account closure if electronic delivery is necessary to provide the Service.
13.2 Transactional messages
We may send booking confirmations, reminders, changes, receipts, security alerts, and account or support communications. You agree to keep contact information current. Some essential messages cannot be disabled while you maintain an active account or Booking.
13.3 Marketing messages
Marketing email may be unsubscribed through the message. If we offer marketing texts or calls, we will request any consent required by law separately; consent is not a condition of purchase. Message and data rates may apply. Reply STOP to stop marketing texts and HELP for help. Revoking marketing consent does not stop necessary transactional communications.
14. Privacy
Our U.S. Privacy Policy explains how we collect, use, disclose, and retain Personal Information and how to exercise privacy rights. It is available at kachiball.com/privacy. The Privacy Policy is a notice of data practices and is not incorporated as a contractual warranty except to the extent applicable law provides otherwise.
15. Prohibited Conduct
You may not, and may not help another person to:
Use the Service for unlawful, fraudulent, deceptive, harassing, abusive, discriminatory, or unsafe conduct.
Impersonate another person or entity, create a false account, misrepresent authority, or use stolen credentials or payment methods.
Circumvent fees, cancellation policies, payment controls, security, access restrictions, or limits on Bookings.
Scrape, crawl, harvest, index, copy, or use automated means to access the Service except as expressly permitted in writing or by standard public search-engine indexing rules.
Reverse engineer, decompile, disassemble, modify, or create derivative works of the Service except where law expressly permits and cannot be waived.
Introduce malware, overload systems, probe vulnerabilities, intercept communications, or gain unauthorized access.
Resell Bookings, operate an unauthorized commercial event, or use a Booking for a prohibited or materially different purpose.
Spam, solicit, advertise, or market to Users or Venues through the Service without authorization and required consent.
Collect or disclose another person’s Personal Information without a lawful basis.
Interfere with a Venue, another User, or the operation, integrity, or security of the Service.
16. Copyright Complaints and Repeat Infringers
Kachiball respects intellectual-property rights and responds to notices under the Digital Millennium Copyright Act (“DMCA”). A copyright owner or authorized agent may send a notice of claimed infringement to the designated agent identified below. The notice should include:
A physical or electronic signature of the owner or authorized agent.
Identification of the copyrighted work claimed to be infringed, or a representative list for multiple works.
Identification and location of the allegedly infringing material sufficient for Kachiball to find it.
Contact information for the complaining party.
A statement of good-faith belief that the challenged use is not authorized by the owner, agent, or law.
A statement, under penalty of perjury, that the notice is accurate and the sender is authorized to act for the owner.
A User who believes content was removed by mistake may submit a counter-notice containing the information required by 17 U.S.C. § 512(g). Kachiball may terminate accounts of repeat infringers in appropriate circumstances. False notices may create liability.
Kachiball, Inc. DMCA Designated Agent 131 Continental Drive, Suite 305, Newark, Delaware 19713, United States Email: legal@kachiball.com
17. Third-Party Services and Mobile App Stores
The Service may depend on or link to Venues, Stripe, maps, identity providers, app stores, and other third parties. Their services are governed by their own terms. Kachiball is not responsible for independent third-party services, but this does not limit Kachiball’s obligations for representations or conduct attributable to Kachiball.
17.1 Apple App Store terms
These Terms are between you and Kachiball, not Apple. Kachiball, not Apple, is solely responsible for the iOS app and its content, maintenance, support, warranties, product claims, and intellectual-property claims, subject to these Terms and applicable law.
Apple has no obligation to provide maintenance or support. If the app fails to conform to an applicable warranty, you may notify Apple for any refund of the app purchase price, if any; to the maximum extent permitted by law, Apple has no other warranty obligation.
You must comply with applicable third-party terms and represent that you are not located in a country subject to a U.S. government embargo or designated as supporting terrorism and are not on a U.S. government prohibited-party list.
Apple and its subsidiaries are third-party beneficiaries of this Section and may enforce it after your acceptance of these Terms.
17.2 Google Play
If you obtain the app through Google Play, these Terms are between you and Kachiball, not Google. Google is not responsible for the app or its support, and your use is subject to applicable Google Play terms.
18. Suspension, Termination, and Account Deletion
By you. You may stop using the Service and may initiate account deletion through in-app settings, kachiball.com/delete-account, or by contacting us. Account deletion does not automatically cancel an active Booking; cancel it separately and review the applicable policy.
By Kachiball. We may suspend or terminate access, remove content, hold a transaction for review, or cancel a Booking when reasonably necessary for a material breach, nonpayment, fraud, security, safety, legal compliance, repeated complaints, or risk to Users, Venues, or Kachiball. Where practicable and lawful, we will provide notice and an opportunity to address the issue.
Effects. Upon termination, the license in Section 5 ends. Accrued payment obligations and provisions that by their nature should survive—including ownership, User Content licenses for retained copies, risk allocation, disclaimers, limitations, indemnity, dispute resolution, and miscellaneous terms—continue.
19. Disclaimers
TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE.” KACHIBALL DISCLAIMS EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, QUIET ENJOYMENT, AND WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE.
KACHIBALL DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE; THAT LISTINGS, AVAILABILITY, RATINGS, OR VENUE INFORMATION ARE ACCURATE; THAT A VENUE OR PARTICIPANT WILL PERFORM; OR THAT A FACILITY, ACTIVITY, OR EQUIPMENT IS SAFE OR SUITABLE. VENUES, NOT KACHIBALL, CONTROL THE PHYSICAL FACILITY AND ACTIVITY.
Some jurisdictions do not allow certain disclaimers. In those jurisdictions, the disclaimers apply only to the extent allowed, and nothing in these Terms excludes a warranty or remedy that cannot lawfully be excluded.
20. Limitation of Liability
“Kachiball Parties” means Kachiball, its affiliates, and their respective directors, officers, employees, agents, licensors, and service providers.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE KACHIBALL PARTIES WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES; LOST PROFITS, REVENUE, DATA, GOODWILL, OR OPPORTUNITY; OR THE COST OF SUBSTITUTE SERVICES, ARISING OUT OF OR RELATED TO THE SERVICE OR THESE TERMS, EVEN IF ADVISED OF THE POSSIBILITY.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE AGGREGATE LIABILITY OF THE KACHIBALL PARTIES FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THE SERVICE OR THESE TERMS WILL NOT EXCEED THE GREATER OF (A) $100 OR (B) THE AMOUNTS YOU PAID TO KACHIBALL THROUGH THE SERVICE DURING THE 12 MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM.
These exclusions and cap do not apply to Kachiball’s gross negligence, reckless or willful misconduct, fraud, liability for personal injury caused by Kachiball where it cannot be limited, Kachiball’s obligation to pay an approved refund, or any liability or remedy that applicable law does not permit the parties to exclude or limit. A jurisdiction that does not allow a limitation will receive the minimum limitation permitted by law.
21. Indemnification
To the extent permitted by law, you will defend, indemnify, and hold harmless the Kachiball Parties from third-party claims, damages, losses, liabilities, judgments, penalties, and reasonable legal fees arising from (a) your unlawful or materially improper use of the Service, (b) your User Content, (c) your material violation of these Terms or another person’s rights, or (d) harm caused by your guests or an event you organize, except to the extent caused by a Kachiball Party’s negligence, willful misconduct, or breach. Kachiball will provide reasonable notice, may control the defense, and will not settle a claim imposing a nonmonetary obligation on you without your consent, not to be unreasonably withheld. Venue indemnity obligations are governed by the Venue Services Agreement.
22. Dispute Resolution, Arbitration, and Class-Action Waiver
PLEASE READ THIS SECTION
Except for the limited exceptions below, you and Kachiball agree to resolve disputes through binding individual arbitration rather than in court. Arbitration has no judge or jury and court review is limited. You may opt out within 30 days under Section 22.8.
22.1 Informal resolution first
Before filing arbitration or a lawsuit, the claimant must send a written Notice of Dispute to legal@kachiball.com and by mail to 131 Continental Drive, Suite 305, Newark, Delaware 19713, United States, Attention: Legal. The notice must include the claimant’s name and contact information, account email, a description of the dispute, supporting facts, the specific relief requested, and a personally signed statement that the information is accurate. The parties will attempt in good faith to resolve the dispute for 60 days after receipt. Any limitations period is tolled during that period to the extent permitted by law.
22.2 Agreement to arbitrate
If unresolved, any dispute, claim, or controversy arising out of or relating to the Service, a Booking, these Terms, communications, or the relationship between you and Kachiball—including questions of contract formation, scope, enforceability, and arbitrability—will be resolved by binding individual arbitration under the Federal Arbitration Act. The arbitrator, not a court, will decide issues of arbitrability, except that a court will decide the validity of the class-action waiver and requests for public injunctive relief to the extent applicable law requires.
22.3 Exceptions
Either party may bring an individual claim in small claims court if it qualifies and remains there.
Either party may seek temporary or preliminary injunctive relief in court to prevent actual or threatened infringement, misuse of intellectual property, unauthorized access, or a serious security or safety threat, pending arbitration of the merits.
A claim that applicable law expressly prohibits from being arbitrated may proceed in court.
A California consumer may seek public injunctive relief in court to the extent that right cannot lawfully be waived or arbitrated.
22.4 Arbitration administrator and rules
The arbitration will be administered by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules and, where applicable, its Mass Arbitration Supplementary Rules then in effect, as modified by this Section. If AAA is unavailable or declines to administer, the parties will select a comparable provider, or a court may appoint one. The arbitrator may award the same individual remedies available in court, including attorneys’ fees where authorized by law.
22.5 Procedure and location
The arbitration may be conducted by documents, telephone, video, or an in-person hearing. A consumer may choose an in-person hearing in the county of residence or another reasonably convenient location. The arbitrator will issue a reasoned written decision. The award may be entered in any court with jurisdiction.
22.6 Fees
AAA’s consumer fee schedule will govern. Kachiball will pay administrative and arbitrator fees that the applicable rules or law require the business to pay. Kachiball will not seek its attorneys’ fees from a consumer unless the arbitrator finds that a claim was frivolous or brought for an improper purpose under the standard applicable in court. A consumer may seek a fee waiver from AAA where available.
22.7 Class, collective, and jury-trial waiver
YOU AND KACHIBALL AGREE THAT EACH MAY BRING CLAIMS ONLY IN AN INDIVIDUAL CAPACITY, NOT AS A PLAINTIFF OR CLASS MEMBER IN A CLASS, COLLECTIVE, CONSOLIDATED, COORDINATED, OR REPRESENTATIVE ACTION. THE ARBITRATOR MAY NOT CONSOLIDATE DIFFERENT PERSONS’ CLAIMS OR PRESIDE OVER A REPRESENTATIVE PROCEEDING EXCEPT AS THE AAA MASS ARBITRATION RULES MAY ADMINISTRATIVELY COORDINATE INDIVIDUAL CASES WITHOUT MERGING THEM. TO THE EXTENT A DISPUTE PROCEEDS IN COURT, EACH PARTY WAIVES A JURY TRIAL TO THE FULLEST EXTENT PERMITTED BY LAW.
22.8 Thirty-day right to opt out
You may opt out of Sections 22.2 through 22.7 by sending a notice within 30 days after first accepting these Terms. Email legal@kachiball.com with the subject “Arbitration Opt-Out” or mail the notice to the Legal address above. Include your full name, account email, postal address, the date you accepted these Terms, and a clear statement that you opt out of arbitration. The notice must be personally submitted; an agent may submit it only with legally sufficient authorization. Opting out does not affect any other Terms, and Kachiball will not retaliate.
22.9 Severability and future changes
If part of this Section is unenforceable, it will be severed and the remainder enforced, except that if the class-action waiver is held unenforceable for a particular claim and the decision becomes final, that claim will proceed in court and the remaining claims will be arbitrated. A material change to this arbitration Section will not apply to a dispute for which Kachiball had actual notice before the change unless you agree.
23. Governing Law and Court Venue
The Federal Arbitration Act governs Section 22. Except for conflicts rules and subject to mandatory consumer protections of your state of residence, these Terms and any non-arbitrable dispute are governed by Delaware law. A non-arbitrable claim must be brought in the state or federal courts located in New Castle County, Delaware, and the parties consent to personal jurisdiction, unless applicable law permits or requires you to bring the claim in your home jurisdiction. Small claims may be brought as stated in Section 22.3.
24. Changes to the Service or These Terms
We may change, suspend, or discontinue features, subject to completed Bookings and applicable law. We may update these Terms. We will post the revised Terms and effective date and provide additional notice of material changes. Material changes apply prospectively. We may require renewed click-through acceptance for changes involving payments, arbitration, risk allocation, or other material rights. Continuing to use the Service after a properly noticed effective date constitutes acceptance only to the extent permitted by law.
25. Miscellaneous
Entire agreement. These Terms, the confirmed Booking details and policy, and any applicable additional terms are the entire agreement between you and Kachiball regarding the Service. A Venue waiver or policy is a separate agreement with the Venue unless it expressly states otherwise.
Order of precedence. For a Booking-specific conflict, the confirmed Booking details and cancellation policy control. For a Venue-business conflict, the Venue Services Agreement controls. These Terms otherwise control the Kachiball relationship.
Assignment. You may not assign these Terms without written consent. Kachiball may assign them in connection with a merger, acquisition, reorganization, financing, or sale of assets, provided the assignee assumes applicable obligations.
Severability. Except as stated in Section 22, an unenforceable provision will be modified to the minimum extent necessary or severed, and the remainder will remain effective.
No waiver. Failure to enforce a provision is not a waiver. A waiver must be in writing and applies only to the specific instance.
Force majeure. Neither party is liable for delay or failure caused by events beyond reasonable control, except payment obligations for completed services and refund obligations that cannot lawfully be excused.
No third-party beneficiaries. There are no third-party beneficiaries except Apple and its subsidiaries as stated in Section 17.1 and any other party expressly identified.
Headings. Headings are for convenience and do not affect interpretation.
Language. Translations are provided for convenience. The English version controls to the extent permitted by law, but nothing in this provision limits rights arising from a legally required translated disclosure.
26. California Consumer Notice
Under California Civil Code section 1789.3, California Users are entitled to the following consumer-rights notice: Kachiball is located at the address in Section 27. Fees and charges are disclosed before Booking confirmation. For a complaint regarding the Service or more information about use of the Service, contact Kachiball as stated below. The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Boulevard, Suite N 112, Sacramento, California 95834, or by telephone at (800) 952-5210.
27. Contact and Legal Notices
Questions about the Service or these Terms may be sent to legal@kachiball.com. Privacy questions should be sent to privacy@kachiball.com. Formal legal notices to Kachiball must be sent to:
Kachiball, Inc. Attention: Legal 131 Continental Drive, Suite 305, Newark, Delaware 19713, United States Email: legal@kachiball.com
This address is Kachiball’s Delaware registered office and is intended for legal correspondence. Notices from Kachiball may be delivered to the email or postal address associated with your account, through the Service, or by another method permitted by law.