Terms of Service for The Water Polo App
Effective Date: April 4th, 2026
1. Acceptance of Terms
By creating an account, downloading, or using The Water Polo App (“App”), you agree to comply with and be bound by these Terms of Service (“Terms”). These Terms constitute a legally binding agreement between you and Activebeans (“we,” “us,” “our”). If you do not agree to these Terms, you must not use the App.
If you are accepting these Terms on behalf of an organization, you represent and warrant that you have the authority to bind that organization to these Terms, and references to “you” shall include that organization.
2. Eligibility
Users aged 18 or older may create an independent account. Users aged 13 to 17 may create an account but certain features may be restricted. Users under 13 (“Minor Athletes”) may use the App only after a parent or legal guardian has created their own account, linked the child's account, and provided verifiable parental consent as described in our Privacy Policy. By allowing a minor to use the App, the parent or guardian assumes full responsibility for that minor's use of the App and agrees to these Terms on the minor's behalf.
3. Children's Accounts and Parental Consent
Accounts for users under 13 are subject to the Children's Online Privacy Protection Act (COPPA). Parents must provide verifiable parental consent before a child's account is activated. The collection, use, and disclosure of children's personal information is governed by our Privacy Policy. Parents may revoke consent and request deletion of their child's data at any time as described in the Privacy Policy.
4. Description of Service
The Water Polo App, provided by Activebeans, allows users to create personal and organizational profiles, score water polo games with live play-by-play updates, view game results and statistics, and connect with the water polo community. Profiles and game data are visible to all users through search or linked to water polo games and tournaments.
5. License Grant and Restrictions
5.1 License Grant
Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to download, install, and use the App on authorized devices solely for your personal or internal organizational purposes.
5.2 Restrictions
You agree not to:
- Copy, modify, adapt, or create derivative works of the App or its content
- Reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code of the App
- Remove, alter, or obscure any proprietary notices, labels, or marks on the App
- Use the App for any unlawful purpose or in violation of any applicable laws or regulations
- Distribute, sublicense, lease, rent, or otherwise transfer the App or any rights therein to any third party
- Use any automated means, including bots, scrapers, or spiders, to access or collect data from the App
- Interfere with or disrupt the integrity or performance of the App or its related systems
- Attempt to gain unauthorized access to any part of the App, other accounts, or systems connected to the App
- Frame, mirror, or otherwise incorporate any part of the App into any other application or website
- Impersonate any person or entity, or falsely state or misrepresent your affiliation with a person or entity
6. User Responsibilities
6.1 Account Registration
You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree to notify us immediately of any unauthorized use of your account.
6.2 Personal Profile Creation
- Accuracy: Users must provide accurate and truthful information when creating their personal profiles.
- Prohibited Activities: Users must not impersonate others or create profiles for other individuals without their explicit permission.
6.3 Organizational Profile Creation
- Authority: Users must have proper authority to create organizational profiles. This includes being an official representative of the organization.
- Accuracy: Users must provide accurate and truthful information regarding the organization they create.
- Prohibited Activities: Users must not create profiles for organizations without proper authorization or misrepresent their affiliation with an organization.
7. User-Generated Content
Users are responsible for ensuring that any content they upload, including profile images, does not infringe on the intellectual property rights of any third parties. By uploading content, you warrant that you have the necessary rights and permissions to use the content and grant us a worldwide, royalty-free, non-exclusive license to use, display, reproduce, and distribute such content solely in connection with operating and providing the App.
If you upload a profile image that includes a brand logo or trademark, you must have the explicit permission of the trademark owner to use it. Activebeans does not endorse or have any affiliation with these brands unless explicitly stated. Any unauthorized use of third-party trademarks or logos is prohibited and may result in the removal of the content or suspension of your account.
If you believe that your intellectual property rights have been infringed by a user on our platform, please contact us at support@activebeans.com to report the issue.
8. User Data and Privacy
Your use of the App is also governed by our Privacy Policy, which is incorporated into these Terms by reference. By using the App, you consent to the collection and use of your information as described in the Privacy Policy.
You retain ownership of the data you submit to the App. However, you grant us a worldwide, royalty-free license to use, process, and display your data solely for the purpose of operating and improving the App. We may use aggregated, non-personally identifiable data for analytics, research, and service improvement purposes.
You represent and warrant that you have all necessary rights to transmit data through the App and that doing so does not violate any applicable laws, including data protection and privacy laws.
9. User Safety
We are committed to the safety of our users. You agree to use the App in a manner that ensures the safety and well-being of all users. Prohibited behaviors include:
- Harassment, threats, or abuse
- Posting harmful or inappropriate content
- Engaging in or promoting illegal activities
- Any conduct that endangers minors
10. Account Suspension and Termination
We reserve the right to suspend or terminate any account or organizational profile that:
- Violates these Terms
- Is found to be engaging in fraudulent, misleading, or unauthorized activities
- Poses a risk to the safety of other users
You may terminate your account at any time by contacting us at support@activebeans.com. Upon termination, your right to use the App will immediately cease, and you must delete all copies of the App from your devices. Sections 11 through 17 of these Terms shall survive any termination.
For Minor Athlete accounts, a parent or legal guardian may request deletion of the child's account at any time by contacting privacy@activebeans.com. See our Privacy Policy for details on data deletion for children's accounts.
11. Disclaimer of Warranties
THE APP IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ACTIVEBEANS DISCLAIMS ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
ACTIVEBEANS DOES NOT WARRANT THAT THE APP WILL MEET YOUR REQUIREMENTS, THAT THE APP WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, THAT THE RESULTS OBTAINED FROM THE USE OF THE APP WILL BE ACCURATE OR RELIABLE, OR THAT ANY ERRORS IN THE APP WILL BE CORRECTED.
You understand and agree that your use of the App is at your sole risk. No advice or information, whether oral or written, obtained by you from Activebeans or through the App shall create any warranty not expressly stated in these Terms.
12. Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL ACTIVEBEANS, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR AFFILIATES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR IN CONNECTION WITH YOUR ACCESS TO, USE OF, OR INABILITY TO USE THE APP.
IN NO EVENT SHALL ACTIVEBEANS' TOTAL AGGREGATE LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR THE APP EXCEED THE GREATER OF (A) THE AMOUNTS YOU HAVE PAID TO ACTIVEBEANS IN THE THREE (3) MONTHS PRECEDING THE CLAIM, OR (B) ONE HUNDRED U.S. DOLLARS ($100.00).
The limitations in this section apply regardless of the theory of liability, whether based on warranty, contract, tort (including negligence), strict liability, or any other legal theory, and even if Activebeans has been advised of the possibility of such damages. The foregoing limitations are fundamental elements of the basis of the bargain between Activebeans and you.
13. Indemnification
You agree to indemnify, defend, and hold harmless Activebeans, its officers, directors, employees, agents, and affiliates from and against any and all claims, damages, obligations, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising from:
- Your use of or access to the App
- Your violation of these Terms
- Your violation of any third-party rights, including intellectual property or privacy rights
- Any content you submit, post, or transmit through the App
- Your violation of any applicable law or regulation
Activebeans reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you. You agree not to settle any such matter without the prior written consent of Activebeans.
14. Reporting Misconduct
Users are encouraged to report any misconduct or suspicious activity to us at support@activebeans.com. We will investigate all reports and take appropriate action, which may include suspending or terminating accounts.
15. Governing Law and Dispute Resolution
15.1 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.
15.2 Informal Resolution
Before filing any formal dispute, you agree to first contact us at support@activebeans.com and attempt to resolve the dispute informally within thirty (30) days.
15.3 Binding Arbitration
If we cannot resolve a dispute informally, any dispute, controversy, or claim arising out of or relating to these Terms, or the breach, termination, or validity thereof, shall be settled by final, binding, and confidential arbitration administered by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules. The arbitration shall be conducted by a single arbitrator in the State of Texas. The arbitration may be conducted by telephone, online, or based on written submissions, as determined by the arbitrator. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction.
15.4 Class Action Waiver
YOU AND ACTIVEBEANS AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING. CLASS ARBITRATIONS, CLASS ACTIONS, PRIVATE ATTORNEY GENERAL ACTIONS, AND CONSOLIDATION WITH OTHER ARBITRATIONS ARE NOT PERMITTED.
15.5 Opt-Out
If you are an individual (not a corporation or other entity), you may opt out of the arbitration agreement by sending an email to support@activebeans.com within thirty (30) days of first accepting these Terms. Your opt-out notice must include your full name, email address, and a clear statement that you wish to opt out of the arbitration provision.
15.6 Time Limitation
Any claim or cause of action arising out of or related to your use of the App or these Terms must be filed within one (1) year after such claim or cause of action arose, or it shall be forever barred.
15.7 Venue
If for any reason a claim proceeds in court rather than in arbitration, both parties consent to the exclusive jurisdiction of the state and federal courts located in the State of Texas, and waive any objection to venue in such courts.
16. Third-Party App Store Terms
16.1 Apple App Store
If you download the App from the Apple App Store, you acknowledge and agree that: (a) these Terms are between you and Activebeans only, and not with Apple Inc. (“Apple”); (b) Apple has no obligation to provide maintenance or support for the App; (c) in the event of any failure of the App to conform to any applicable warranty, you may notify Apple for a refund of the purchase price (if any), and Apple shall have no other warranty obligation with respect to the App; (d) Apple is not responsible for addressing any claims relating to the App, including product liability, legal compliance, or intellectual property infringement claims; (e) Apple is a third-party beneficiary of these Terms and may enforce these Terms against you; and (f) you must comply with all applicable third-party terms of agreement when using the App (e.g., your wireless data service agreement).
16.2 Google Play Store
If you download the App from the Google Play Store, you acknowledge and agree that: (a) these Terms are between you and Activebeans only, and not with Google LLC (“Google”); (b) you must comply with the Google Play Store Terms of Service; and (c) Google is a third-party beneficiary of these Terms and may enforce these Terms against you.
17. Publicity
If you create an organizational profile on the App, you agree that Activebeans may identify your organization as a user of the App in marketing materials, press releases, and on our website, unless you notify us in writing that you do not wish to be identified.
18. Electronic Communications
By using the App, you consent to receiving electronic communications from us, including emails, push notifications, and in-app messages. You agree that all agreements, notices, and other communications provided electronically satisfy any legal requirement that such communications be in writing.
19. Changes to Terms
We may update these Terms from time to time. If we make material changes, we will notify you by email or through a notice within the App at least ten (10) days before the changes take effect. Your continued use of the App after the effective date of any changes constitutes your acceptance of the updated Terms.
20. General Provisions
- Entire Agreement: These Terms, together with our Privacy Policy, constitute the entire agreement between you and Activebeans regarding the App and supersede all prior agreements and understandings.
- Severability: If any provision of these Terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary, and the remaining provisions shall remain in full force and effect.
- No Waiver: The failure of Activebeans to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.
- Assignment: You may not assign or transfer these Terms or your rights under these Terms without our prior written consent. Activebeans may assign these Terms without restriction.
- Independent Contractors: Nothing in these Terms shall be construed to create a joint venture, partnership, employment, or agency relationship between you and Activebeans.
21. Contact Information
If you have any questions or concerns about these Terms, please contact us at support@activebeans.com.
By using The Water Polo App, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service.
Last Updated: April 8th, 2026