Operated by: Spared Inc., a Manitoba corporation operating as "spared" ("spared," "we," "us," or "our"), located in Winnipeg, Manitoba, Canada.
Contact: support@sparedapp.com
By creating an account or using the spared app or website (the "Service"), you agree to these Terms of Use and Participant Waiver (the "Terms"). If you do not agree, do not use the Service.
Please read Sections 8 and 9 carefully. They include an assumption of risk and a release of liability, which means you are giving up legal rights, including the right to sue us for negligence. You will be asked to accept them separately when you sign up.
1. This is a beta
The Service is currently in beta. It is provided on an "as is" and "as available" basis. It may contain bugs, may be unavailable at times, may change or be discontinued without notice, and may not work as intended. You use the beta at your own risk and understand it is not a finished, warranted product.
2. Who can use spared
To use the Service, you must:
- be 18 years of age or older (we will ask for your date of birth when you sign up);
- be legally able to enter into a binding contract;
- not have been convicted of, or pled guilty to, any crime involving violence, threats, or sexual misconduct;
- not have been previously removed from the Service by us, unless we have given you permission to return.
The Service is for adult recreational sports only. It is not directed to minors, and we do not knowingly allow anyone under 18 to register. If we learn that a user is under 18, we will close their account.
3. Your account
- Provide accurate, current information about yourself, including your name, photo, and skill level, and keep it up to date.
- You may have one account only. Do not create an account for anyone else or share your login.
- You are responsible for keeping your login secure and for everything that happens under your account. Tell us right away at support@sparedapp.com if you think your account has been accessed without your permission.
- You can delete your account at any time from within the app, or by emailing support@sparedapp.com. Deleting your account removes your profile from the Service. Some information may be kept for a limited time where the law requires it or for safety and fraud prevention, as explained in our Privacy Policy.
4. What spared is, and what it is not
spared is a matching platform only. We help players who want to fill in ("spares") connect with recreational sports teams and captains that are short a player. That is the entire service we provide.
spared does not:
- organize, host, run, schedule, referee, supervise, or control any game, league, practice, or event;
- own, operate, inspect, or control any court, gym, field, arena, or facility;
- provide coaching, officiating, safety supervision, first aid, medical services, or equipment;
- employ, contract, or control any player, team, captain, league, organizer, or facility;
- assess or guarantee any person's skill, fitness, health, identity, or conduct;
- guarantee that any game will happen, that any player will show up, or that anyone is who they say they are.
Leagues, teams, captains, and facilities are independent third parties, not spared's employees, agents, or partners. Any game you take part in is arranged, run, and controlled by them, not by spared. Their own rules, waivers, and insurance govern the game itself, and you should contact them directly with questions about a game, league, or venue. spared is not a party to any arrangement you make with another user, team, league, or facility.
5. No identity verification or background checks
You understand and agree that spared does not verify the identity of any user, and does not conduct criminal record checks, background checks, or safety screening of any user. Profiles, photos, and other information are provided by users themselves, and we do not confirm that they are accurate.
spared makes no promise about any user's identity, character, intentions, health, physical condition, skill, or honesty. A profile or rating on the Service is not a guarantee or endorsement of any of these things.
You are solely responsible for deciding who you meet and play with, and for your own safety when doing so. Use the same caution you would use meeting anyone new. We recommend meeting at the scheduled venue, keeping communication in the app until you are comfortable, and telling someone you trust where you are going.
6. Reliability ratings
spared lets users rate each other on things like showing up and reliability. Ratings are the opinions of the users who leave them, not statements or opinions of spared. We do not check whether ratings are accurate.
When you leave a rating, you agree to:
- rate only people you actually played with or arranged to play with;
- be honest and fair, and base your rating on your own experience;
- not leave fake, retaliatory, discriminatory, or threatening ratings, or ratings meant to manipulate someone's score;
- not offer or accept anything in exchange for a rating.
We may remove, adjust, or decline to display any rating at our discretion, for example if it breaks these Terms. If you believe a rating about you is false or unfair, you can ask us to review it at support@sparedapp.com. We will review requests in good faith, but the final decision is ours.
7. Showing up
The Service works because people show up. If you commit to a game, please show up on time or cancel in the app as early as possible. Repeated no-shows or last-minute cancellations may lower your reliability rating, limit your ability to join games, or lead to suspension of your account.
8. Assumption of risk
You understand that recreational sports and physical activity involve inherent and unavoidable risks, including but not limited to: sprains, strains, fractures, concussions and other head injuries, cuts, collisions with people or objects, overexertion, heart or other medical events, permanent disability, and in rare cases death. Risks also come from the condition of facilities and equipment, weather, the conduct and skill level of other participants, decisions of organizers or officials, travel to and from games, and meeting people you do not know.
You voluntarily and knowingly assume all of these risks, whether or not they are foreseeable, and whether they arise from the activity itself, from other participants, from facilities, or from the ordinary negligence of any person, including spared.
You confirm that you are physically fit to take part in the activities you join, that no medical professional has advised you not to, and that you will get your own medical advice if you are unsure. You may stop playing at any time if you feel unsafe.
9. Release and waiver of liability
To the fullest extent permitted by law, you release, waive, and agree not to sue Spared Inc. and its directors, officers, shareholders, employees, contractors, and agents (the "Released Parties") for any and all claims, demands, damages, losses, costs, and liabilities of any kind arising out of or connected with your use of the Service or your participation in any game, activity, or meeting arranged through the Service, including claims based on the negligence of the Released Parties.
You understand that this means you are giving up important legal rights, including the right to sue the Released Parties for injuries, losses, or damages you may suffer. This release does not apply to liability that cannot be waived by law, such as gross negligence or intentional or reckless misconduct where the law does not allow a waiver.
10. Insurance
spared does not provide insurance of any kind for users, games, or venues. You are responsible for your own health, accident, and liability coverage. A league's or facility's insurance may not cover you, especially if you are not on that team's official roster, so check with the league before you play if this matters to you.
11. Your conduct
You agree that you will not:
- harass, threaten, bully, stalk, intimidate, or endanger anyone, on or off the Service;
- discriminate against anyone based on race, ethnicity, religion, sex, gender identity, sexual orientation, disability, age, or any other protected ground;
- post or send anything sexual, hateful, violent, misleading, or illegal;
- misrepresent your identity, age, skill level, or affiliation, or impersonate anyone;
- use the Service to sell, advertise, or solicit anything without our permission;
- scrape, copy, reverse engineer, or interfere with the Service, or access it by automated means;
- use the Service for any unlawful purpose or to arrange anything unsafe or illegal.
You also agree to follow the rules of any facility, league, or team you play with, and any community guidelines we post in the app. Community guidelines form part of these Terms.
These rules exist to set expectations. They do not create a duty for spared to supervise games, monitor users, or enforce any rule, and spared is not responsible for the conduct of any user.
12. Your content
You own the content you add to the Service, such as your profile, photos, messages, and ratings ("Your Content"), and you are responsible for it. You confirm you have the right to share it.
You give spared a non-exclusive, royalty-free, worldwide licence to host, store, display, and share Your Content within the Service, only as needed to operate, improve, and promote the Service in the app. This licence ends when you delete Your Content or your account, except for content others have already received (such as messages you sent) or that we must keep by law.
We will not use your name, photo, or likeness in advertising or marketing outside the app without asking for your separate consent first. You can withdraw that consent at any time by emailing support@sparedapp.com.
13. Reporting, blocking, and moderation
You can report a user or content and block other users directly in the app. You can also report concerns to support@sparedapp.com. If you are ever in immediate danger, contact local emergency services first.
We review reports and may, at our discretion and without notice:
- remove or refuse to display any content;
- issue a warning, limit features, or suspend or permanently remove an account;
- share information with law enforcement where we believe it is required by law or needed to protect someone's safety.
We may not explain why we took action against an account if doing so could put another user's safety or privacy at risk. Taking action is a right, not a duty, and does not make us responsible for any user's conduct.
14. Indemnity
You agree to indemnify and hold harmless the Released Parties from any claim, loss, damage, cost, or expense (including reasonable legal fees) brought by anyone, arising out of your use of the Service, Your Content, your conduct, your participation in any activity arranged through the Service, or your breach of these Terms.
15. Limitation of liability
To the fullest extent permitted by law, the Released Parties will not be liable to you for any indirect, incidental, special, consequential, or punitive damages, or for any loss of profits, data, or goodwill, arising out of or related to the Service, even if we have been told such damages are possible.
To the fullest extent permitted by law, the total liability of the Released Parties to you for all claims arising out of or related to the Service will not exceed the greater of the amount you paid us in the twelve months before the claim, or CAD $100.
16. No warranties
To the fullest extent permitted by law, the Service is provided without warranties of any kind, whether express or implied, including implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that the Service will be uninterrupted, error-free, or secure, or that any match, game, or player will meet your expectations.
17. Privacy
We collect and use personal information (such as your name, date of birth, photo, contact details, location, sports preferences, and ratings) to operate the Service, match you with teams and players, keep the community safe, and improve the Service. We do not sell your personal information. Our Privacy Policy explains what we collect, how we use and share it, and your choices, and forms part of these Terms.
We handle personal information in accordance with applicable Canadian privacy law. You may request access to, correction of, or deletion of your information by contacting support@sparedapp.com.
18. Text messages and email
If you give us your mobile number and agree to receive texts, spared will send you SMS messages related to your account, including one-time verification codes and alerts about your games, such as team invites, spare request updates, and game reminders. We do not send marketing or promotional text messages.
Message frequency varies based on your activity. Message and data rates may apply. Reply STOP to stop receiving texts, or HELP for help. You can also contact support@sparedapp.com. Consent to receive texts is not a condition of using the Service, although some features, such as login verification, may require it. Carriers are not liable for delayed or undelivered messages.
We do not sell, rent, or share your mobile number or SMS consent with third parties for their marketing purposes.
We may also send you emails about your account and the Service. You can unsubscribe from non-essential emails using the link in any email.
19. Apple and Google
If you downloaded the app from the Apple App Store or Google Play:
- These Terms are between you and Spared Inc. only, not Apple or Google. spared, not Apple or Google, is responsible for the app and its content.
- Apple and Google have no obligation to provide maintenance or support for the app. Contact us at support@sparedapp.com for support.
- If the app fails to meet any applicable warranty, you may notify Apple, and Apple may refund the purchase price (if any). To the extent permitted by law, Apple has no other warranty obligation for the app.
- spared, not Apple, is responsible for addressing any claims relating to the app, including product liability claims, claims that the app fails to meet legal or regulatory requirements, consumer protection or privacy claims, and claims that the app infringes someone else's intellectual property.
- You confirm that you are not located in a country subject to a Canadian or U.S. government embargo, and that you are not on any government list of prohibited or restricted parties.
- You must also follow the app store's own terms of service when using the app.
- Apple and its subsidiaries are third-party beneficiaries of these Terms, and once you accept these Terms, Apple may enforce them against you.
20. Changes to these Terms
We may update these Terms from time to time. We will post the new version in the app with a new effective date. If we make a material change, we will notify you in the app or by email before it takes effect and ask you to accept the updated Terms. If you do not accept them, you can stop using the Service and delete your account.
21. Ending your use
You can stop using the Service and delete your account at any time. We may suspend or end your access at any time, including if you break these Terms or if we discontinue the Service. Sections 5, 6, 8, 9, 10, 12, 14, 15, 16, 22, and 23 continue to apply after your account ends.
22. Governing law and disputes
These Terms are governed by the laws of the Province of Manitoba and the federal laws of Canada that apply there. Any dispute will be dealt with by the courts of Manitoba, and you agree to their jurisdiction. If you live in another province, nothing in these Terms takes away rights you have under the consumer protection laws of that province that cannot be waived by contract.
Before starting any legal claim, please contact us at support@sparedapp.com so we can try to resolve the issue informally.
23. General
- If any part of these Terms is found to be unenforceable, the rest stays in effect, and the unenforceable part will be applied to the greatest extent the law allows.
- These Terms, together with our Privacy Policy and any community guidelines, are the entire agreement between you and spared about the Service.
- If we do not enforce a part of these Terms right away, that does not mean we give up the right to enforce it later.
- You may not transfer your rights under these Terms. We may transfer ours, for example if spared is sold or reorganized.
24. Contact us
Spared Inc., Winnipeg, Manitoba, Canada
support@sparedapp.com
25. Your acceptance
When you sign up, you will be asked to check two separate boxes: one to accept these Terms, and one to confirm you have read and accept the Assumption of Risk and Release of Liability in Sections 8 and 9.
By checking those boxes or using the Service, you confirm that you have read and understood these Terms and this Waiver, that you are at least 18, that you are agreeing voluntarily, and that you understand you are giving up legal rights, including the right to sue for negligence.