Terms of Service

1. Agreement to Terms

Welcome to Brakto, operated by Filantus LLC ("Company," "we," "our," or "us"). By accessing or using our tournament management platform at www.brakto.com (the "Service"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, please do not use our Service.

We reserve the right to modify these Terms at any time. We will notify you of material changes by posting the new Terms on this page and updating the "Last Updated" date. Your continued use of the Service after such modifications constitutes your acceptance of the updated Terms.

2. Description of Service

Brakto provides an online platform for creating, managing, and organizing sports tournaments. Our Service includes:

• Automated tournament bracket generation
• Player and team management tools
• Club profiles, memberships, and member management
• Automated scheduling and court/venue assignments
• Real-time score tracking and live bracket updates
• Communication tools (email and SMS notifications)
• Waitlist management for tournaments
• King of the Court tournament format support
• Payment processing for tournament registration fees
• Analytics and reporting for tournament organizers

3. User Accounts

3.1 Account Creation

To use certain features of our Service, you must create an account. You may register using your Google account through our OAuth integration. You agree to:

• Provide accurate, current, and complete information
• Maintain and promptly update your account information
• Maintain the security of your account credentials
• Accept responsibility for all activities under your account
• Notify us immediately of any unauthorized use of your account

3.2 Account Eligibility

You must be at least 13 years old to create an account. If you are under 18, you represent that you have your parent's or legal guardian's permission to use the Service. We reserve the right to request proof of age at any time.

3.3 Account Termination

We reserve the right to suspend or terminate your account at any time for violation of these Terms, fraudulent activity, or any other reason we deem necessary to protect our Service or other users.

4. Payment Terms

4.1 Pricing Plans

Brakto offers the following pricing structure:

Pricing is subject to change with 30 days' notice. New pricing will apply to new tournament purchases immediately. Existing tournament purchases are not affected by price changes.

4.2 Payment Processing

• All payments are processed securely through Stripe
• Event and Club fees are charged at checkout (or subscription renewal for Club)
• Standard payment processing fees may apply when players pay organizers online. Event registration carries a $2/player Brakto service fee, paid by the player; Club events carry no per-player Brakto service fee
• Event purchases are one-time per tournament entitlement, not a recurring subscription (Club from $99/mo or $999/yr)
• You authorize us to charge your payment method for tournament purchases
• You are responsible for providing valid payment information
• Failed payments may prevent tournament creation or result in tournament deactivation

4.3 Refund Policy

We offer a 7-day money-back guarantee for tournament purchases. If you are not satisfied with our Service within the first 7 days of your tournament purchase, contact us at support@brakto.com for a full refund. Refunds are not available for:

• Tournaments where registration has already been opened to participants
• Tournaments with active matches or completed games
• Requests made after 7 days from tournament purchase
• Accounts terminated for Terms violations
• Free tier usage (no payment required)

4.4 Tournament Registration Fees

On Event and Club plans with online registration enabled, tournament organizers may collect registration fees from participants through Brakto. The following terms apply:

• Brakto processes payments using Stripe Connect
• Tournament organizers receive payouts directly to their connected Stripe account
• A processing fee is deducted from each transaction (standard credit card fees apply; about 2.9% + $0.30 per successful charge unless you pass fees to players)
• Tournament organizers are responsible for setting appropriate registration fees
• Tournament organizers must handle participant refunds according to their published refund policy
• Tournament organizers must comply with all local laws regarding tournament entry fees and gaming regulations
• Brakto is not responsible for disputes between organizers and participants regarding registration fees

4.5 Player Registration Method

Players may be added to tournaments by organizers or, on Event and Club plans, through online self-registration. Supported methods include:

• Excel/CSV file upload (bulk import) — available on Free, Event, and Club
• Manual player addition by tournament organizers
• Online self-registration with optional payment collection (Event and Club)

4.6 Taxes

All prices are exclusive of applicable taxes, levies, or duties imposed by taxing authorities. You are responsible for payment of all such taxes, levies, or duties. We will collect applicable sales tax where we are legally required to do so.

5. Clubs, Locations, and Membership

5.1 Club Location License

A Club subscription is sold per location. One active Club subscription (Club $999/year) licenses a single club profile at a single location. You may create more than one club profile, but only one may be licensed to an active subscription at a time, and two subscribers may not license the same club. Operating additional locations requires a separate Club subscription for each.

5.2 Brakto Is Not the Merchant of Record

Brakto is a software platform, not a payment processor or merchant of record for money that clubs and organizers collect. Where online registration or payments are enabled, they are processed through Stripe Connect and settle directly to the organizer's or club's connected Stripe account. Brakto does not receive, hold, or control those funds and is not a party to the transaction between a club or organizer and its members or participants.

• Membership fees set on a club profile are collected by the club outside Brakto; Brakto only records whether a membership is marked paid
• Clubs and organizers are solely responsible for setting fees, collecting them, issuing refunds, and complying with applicable law
• Brakto is not responsible for disputes between a club and its members, or between an organizer and participants

5.3 Member Data and Consent

When you add members to a club — manually, by invitation, or by Excel/CSV bulk import — you represent and warrant that you have a lawful basis and any necessary consents to upload and process those individuals' personal data through the Service, and that you will message only members who have agreed to receive those communications. The club is the controller of its member data, and Brakto processes it on the club's instructions. You must not import member data you are not entitled to hold.

5.4 Member-Created Tournaments

A club may grant members permission to create or manage tournaments on its behalf (for example, through the "can create tournaments" member setting). Tournaments created by those members are the club's responsibility, and the club is responsible for those members' use of the Service.

5.5 Club Conduct

Clubs and their members must comply with this Agreement, including the acceptable-use and content standards in Section 6. We may suspend or remove a club profile, or revoke a location license, for a violation.

5.6 Directory Listings

Some club profiles appear in our public directory. We may list publicly available information — such as a club's name, city, and logo — to help players find local clubs. A club may ask us to correct or remove its directory listing at any time by contacting support@brakto.com.

6. User Responsibilities and Prohibited Conduct

6.1 Acceptable Use

You agree to use the Service only for lawful purposes and in accordance with these Terms. You agree NOT to:

• Violate any local, state, national, or international law
• Infringe on the intellectual property rights of others
• Upload or transmit viruses, malware, or malicious code
• Attempt to gain unauthorized access to any part of the Service
• Interfere with or disrupt the Service or servers
• Use automated systems (bots, scrapers) without permission
• Impersonate any person or entity
• Harass, abuse, or harm other users
• Collect or store personal data about other users without consent
• Use the Service for commercial purposes without our written permission

6.2 Content Standards

You are responsible for all content you upload, post, or transmit through the Service. Your content must not:

• Contain hate speech, threats, or incitements to violence
• Be defamatory, obscene, or sexually explicit
• Promote illegal activities or substances
• Violate the privacy rights of others
• Contain false or misleading information
• Infringe upon any copyright, trademark, or other intellectual property right of any third party

7. Intellectual Property Rights

7.1 Our Intellectual Property

The Service and its original content, features, and functionality are owned by Brakto and are protected by international copyright, trademark, patent, trade secret, and other intellectual property laws. Our trademarks and trade dress may not be used without our prior written permission.

7.2 Your Content License

You retain ownership of any content you submit to the Service. By submitting content, you grant us a worldwide, non-exclusive, royalty-free license to use, reproduce, modify, display, and distribute your content solely for the purpose of operating and improving the Service.

7.3 Feedback

Any feedback, comments, or suggestions you provide regarding the Service may be used by us without any obligation to you.

7.4 DMCA Copyright Policy

We respect the intellectual property rights of others and comply with the Digital Millennium Copyright Act (DMCA). If you believe that content on our Service infringes your copyright, please review our DMCA Copyright Policy for instructions on how to submit a takedown notice to our Designated Copyright Agent.

7.5 Repeat Infringer Policy

In accordance with 17 U.S.C. § 512(i), we have adopted and reasonably implemented a policy for the termination, in appropriate circumstances, of users who are repeat infringers of copyrighted materials. Users who repeatedly upload infringing content will receive warnings and may have their accounts terminated. See our DMCA Copyright Policy for details.

7.6 User-Uploaded Content and Safe Harbor

Brakto allows users to upload content such as tournament logos, flyers, competitor photos, and team photos. We act as an online service provider under 17 U.S.C. § 512 and do not pre-screen user-uploaded content for copyright compliance. We are not liable for copyright infringement by our users, provided that we follow the DMCA notice-and-takedown procedures described in our DMCA Copyright Policy. By uploading content, you represent and warrant that you own the content or have the necessary rights and licenses to use and share it on our platform.

8. Data and Privacy

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

We use industry-standard security measures to protect your data, but no method of transmission over the Internet is 100% secure. You use the Service at your own risk.

9. Disclaimers and Limitations of Liability

9.1 Service "As Is"

We do not guarantee that the Service will be uninterrupted, secure, or error-free. We do not warrant the accuracy, completeness, or reliability of any content or information available through the Service.

9.2 Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, BRAKTO SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO:

• Loss of profits, revenue, or business opportunities
• Loss of data or information
• Tournament cancellations or scheduling errors
• Disputes between tournament organizers and participants
• Any other damages arising from your use of the Service

OUR TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING FROM YOUR USE OF THE SERVICE SHALL NOT EXCEED THE AMOUNT YOU PAID US IN THE 12 MONTHS PRECEDING THE CLAIM, OR $100, WHICHEVER IS GREATER.

9.3 Tournament and Club Responsibility

Tournament organizers and clubs are solely responsible for:

• Complying with local laws and regulations
• Obtaining necessary permits and insurance
• Ensuring participant safety
• Handling disputes and refunds
• Accurate tournament information and scheduling
• Member data imported into the Service, as set out in Section 5.3

Brakto is not responsible for the conduct of tournament organizers, clubs, or participants, or for any incidents occurring at tournaments.

10. Indemnification

You agree to indemnify, defend, and hold harmless Brakto, its officers, directors, employees, agents, and affiliates from and against any claims, liabilities, damages, losses, costs, or expenses (including reasonable attorneys' fees) arising out of or in connection with:

• Your use of the Service
• Your violation of these Terms
• Your violation of any rights of another party, including member data you import
• Your content or conduct on the Service
• Tournaments you organize or clubs you operate using the Service

11. Dispute Resolution and Governing Law

11.1 Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of Texas, United States, without regard to its conflict of law provisions.

11.2 Informal Resolution

Before filing any legal claim, you agree to contact us at support@brakto.com to attempt to resolve the dispute informally. We will work in good faith to resolve any disputes within 30 days.

11.3 Arbitration

If we cannot resolve the dispute informally, any dispute arising from these Terms or your use of the Service will be resolved through binding arbitration, except that either party may bring an action in small claims court if the claim qualifies.

11.4 Class Action Waiver

You agree to bring claims against us only in your individual capacity and not as part of any class or representative action. You waive the right to participate in a class action lawsuit or class-wide arbitration.

12. Miscellaneous

12.1 Entire Agreement

These Terms, together with our Privacy Policy and DMCA Copyright Policy, constitute the entire agreement between you and Brakto regarding the Service and supersede all prior agreements.

12.2 Severability

If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions will remain in full force and effect.

12.3 Waiver

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights.

12.4 Assignment

You may not assign or transfer these Terms without our written consent. We may assign these Terms without restriction.

12.5 Force Majeure

We will not be liable for any delay or failure to perform resulting from causes beyond our reasonable control, including natural disasters, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, network infrastructure failures, strikes, or shortages of transportation facilities, fuel, energy, labor, or materials.

13. Contact Information

If you have any questions about these Terms, please contact us: