Terms of use

Effective January 1, 2019

All sections of these terms of use (“Terms“), including the terms set forth in the privacy policy (“Privacy Policy“), apply for the use of all the services (“Services“) rendered by track.tennis Inc. (“track.tennis“) and its subsidiaries via all software applications (“Software“) and the website track.tennis(“Website“) and the mobile application with respect to the Services provided (whether on court and online) to the Users (“User” or “You“). These Terms may be revised from time to time by track.tennis and the revised Terms will be effective upon posting on the Website.

1. Introduction

The Services are provided by track.tennis to the Users as follows:

Track Courts – on court application including cameras
Website – all data generated from the User account settings and Track Courts, uploaded to the Website and stored through the cloud.
Software – all software applications applicable to the Track Courts, Website, mobile applications and cloud storage.
Mobile Application.

2. Accepting the Terms of Use

By using the Track Courts or by joining track.tennis and registering at the Website, or on the mobile application, premium services, payment for premium packages, or any other information or tools provided as part of the Services, you are accepting the Terms and the Privacy Policy of track.tennis. By accessing and using the Services, you acknowledge that you have read, understood, and agreed to be bound by these Terms and the Privacy Policy. If you do not accept these Terms and/or the Privacy Policy, you are not authorized to use the Services, and you must cease using the Services and cancel your subscription in accordance with our Cancellation Policy as described below. We may amend these Terms or Privacy Policy at any time by posting a revised version on our website. The revised version will be effective at the time we post it. By continuing to access and use the Services after the Terms or the Privacy Policy have been modified, you will be considered as having expressly accepted to all amendments to the Terms and Privacy Policy.

3. Age Restrictions

The Services are intended for Users, who are eighteen (18) years of age or older.

4. Physical Activity Notice

You understand and agree that by using the Services, your athletic activities may have inherent, implicit and expressed risks of bodily injury. You understand and agree that track.tennis will not carry out and is not responsible for any physical inspection, supervision, preparation, execution or conduct of any activities related to the Services. Please consider the risks involved and consult with your medical professional before engaging in any physical activity. track.tennis shall not be responsible or liable for any injuries, damages or any performance reduction you may sustain as a result from your use of, or inability to use, the Track Courts and/or any of the Services.

5. User Content

To use all the Services, you must create a track.tennis account either by sign via the Website or by downloading and registering on the mobile applications or by usage of another sign up feature made available by track.tennis via the Services. Any signup is subject to you providing the true, accurate and complete personal information (“User Data”) as prompted by the relevant sign up features. You undertake to keep your User Data accurate and current and update your User Data when relevant. The Services allow for the delivery and share of software, text, graphics, images, video, audio, data, statistics, actual performance and any other content (collectively “Content”), all subject to the User privacy account settings. While playing on a Track Court, website, or mobile App, you are aware that the Content of the players (including groups) playing on this Track Court is automatically uploaded to the personal User account of each player (or each member of the group) at the Website according to his/her log in data, or to the assigned personal coach listed in the account settings.

You may use your personal Content only for your own non-commercial use. While using your track.tennis account you are responsible for any actions that take place while using your track.tennis account. Keep your username and password secured and do not allow anyone else to use them to access the Website or Track Courts. track.tennis is not responsible for any loss of Content that results from unauthorized use of your username and password, with or without your knowledge, or due to lack of storage in your account (and in this case track.tennis may delete any additional Content beyond the relevant storage capacity). track.tennis do not monitor User Content prior to posting on the Website. track.tennis do not undertake any obligation or liability relating to any User Content or other activities of Users using the Services, including any sharing of User Content by the Users. track.tennis reserves all rights to edit, remove, or refuse to post any User Content under track.tennis’s sole discretion. track.tennis reserves the right to delete accounts that are inactive, including deleting all of the content within such accounts.

6. Warranty Disclaimer

The Services are provided “AS IS” without any express or implied warranties of any kind. track.tennis disclaims all warranties to the fullest extent permitted by law, whether expressed or implied, including, but not limited to, warranties of title, merchantability, fitness for a particular purpose and non-infringement. track.tennis cannot guarantee that the use of the Services will be timely, uninterrupted, secure or error-free, that any defects, errors or malfunctions will be corrected and that the Services, the Track Courts, the Website or the servers that make the Services available are free of viruses or anything else harmful. To the fullest extent permitted by law, track.tennis undertakes no warranties or representations as to the use of the Services in terms of correctness, accuracy, adequacy, usefulness, reliability, availability or otherwise.

7. Limitation of Liability

To the fullest extent permitted by law, track.tennis, its subsidiaries, affiliates, officers, agents, representatives, employees, partners and licensors (“Released Parties”) shall not be liable for any direct, special, incidental, indirect or consequential damages, including but not limited to any lost profits, business interruptions or lost data, that result from the use of, or the inability to use, the Services, including any User Content, even if track.tennis has been advised of the possibility of such said damages. In the event that track.tennis is found to be liable for any damage or loss which is in any way connected with your use of the Services or any Content, track.tennis’s liability shall not exceed the subscription fees paid by the User for the Use of the Services. You expressly agree and promise not to sue the Released Parties for any claims, actions, injuries, damages, or losses associated with your use of the Services.

8. User Interaction, Streaming

By operating the Track Court the User acknowledges that track.tennis in any event shall not be responsible for any persons being recorded without their consent on a Track Court or otherwise.

Users acknowledge that all the clubs selected by the Users in their profile can decide at any time to add Users to different groups and define Users and coaches.

Each club shall be responsible to inform its players, members (or any other persons), to obtain their consent to be recorded and to stream the live video on the internet. track.tennis shall assume no responsibility whatsoever for any persons who were recorded by the Track Court or by any other device and their video was stored and/or streamed without their consent and/or without being informed by the club. track.tennis may present top personal records on track.tennis’s leader boards at clubs and on-line, unless the User chooses in his/her profile that track.tennis shall not disclose such information.

You are solely responsible for your interactions with other Users, whether online or in person. You shall not use track.tennis’s Services for any abuse, harass or violation of others’ privacy or any other unlawful or illegal activities. track.tennis assumes no responsibility or liability for any loss or damage resulting from any interaction with other Users of the Services, persons you meet through the Services, or persons who find you after Content was posted on the Website. You agree to take reasonable precautions in all interactions with other Users and conduct any necessary investigation before meeting another person.

9. Privacy Policy

track.tennis’s Privacy Policy (https://track.tennis/privacy-policy/) is by reference an integral part of these Terms.

10. Intellectual Property Rights

All intellectual property rights of track.tennis featured or displayed via the Services, on the Website and the mobile app, are the sole property of track.tennis, its subsidiaries or its licensors and are protected under all applicable copyright, trademark, or any other patent laws. Such intellectual property rights include but are not limited to: logos, trademarks, service marks, trade names, design, structure, code, algorithms, scripts, text, graphics, photos, images, videos, audio, sound, illustrations, interfaces, applications, interactive features and all other Software data (“Intellectual Property”). The license to use the Track Court, Software or any of the Services is limited to personal use, non-exclusive, non-transferrable and for non-commercial use only. track.tennis does not transfer any title to the Intellectual Property to any User. You may not decompile, reverse engineer, disassemble or otherwise attempt to discover any source code, remove, redistribute, sell, assign, transfer any right in, lease, grant any security interest in or any right to the Track Courts, Website, Services, Software, Content, mobile app or any parts thereof.

11. General

The use of the Services shall not construe any joint venture, partnership, employment or agency relationship exists between you and track.tennis.

Failure by track.tennis to act on or enforce any provision of the Terms shall not be construed as a waiver of that provision or any other provision in these Terms. No waiver shall be effective against track.tennis unless made in writing, and no such waiver shall be construed as a waiver in any other or subsequent instance.

Neither the course of conduct between the parties nor trade practice shall modify any of these Terms.

These Terms constitute the entire agreement between you and track.tennis with respect to the Terms and Privacy Policy and supersede all previous or contemporaneous agreements. track.tennis may assign its rights and obligations under these Terms to any party at any time without any notice.

track.tennis provides advanced systems for training, debriefing, officiating and performance analysis for different fields of sports and such systems are installed as track.tennis Track Courts in sports centers, academies and clubs (“Track Courts”).