End User License Agreement
Tennis AI LLC
PLEASE READ THIS END USER LICENSE AGREEMENT ('AGREEMENT') CAREFULLY BEFORE USING THE SOFTWARE, APPLICATION, PRODUCTS, AND SERVICES ("APP") OFFERED BY TENNIS AI LLC ('TENNIS AI'). BY DOWNLOADING THE TENNIS AI SOFTWARE APPLICATION ("APP") OR USING THE TENNIS AI APP OR SERVICES IN ANY MANNER, YOU AGREE THAT YOU HAVE READ AND AGREE TO BE BOUND BY AND A PARTY TO THE TERMS AND CONDITIONS OF THIS AGREEMENT TO THE EXCLUSION OF ALL OTHER TERMS. IF THE TERMS OF THIS AGREEMENT ARE CONSIDERED AN OFFER, ACCEPTANCE IS EXPRESSLY LIMITED TO SUCH TERMS.
IF YOU DO NOT UNCONDITIONALLY AGREE TO ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT, YOU HAVE NO RIGHT TO USE THE WEBSITE, APPS, OR SERVICES. TO REJECT THESE TERMS, YOU MUST DELETE THE APP FROM YOUR MOBILE DEVICE IMMEDIATELY.
1. ACCESS TO THE SERVICES
The App or application services offered from time to time by Tennis AI LLC in connection therewith are owned and operated by Tennis AI LLC. Tennis AI LLC may offer to provide certain services to you through the App, as described more fully on the App, that have been selected by you through the process provided on the App (together with the App, 'Services'). The term 'Services' shall include, without limitation, use of the App, any service Tennis AI LLC performs for you, and the content offered by Tennis AI LLC on the App. Tennis AI LLC may change, suspend, or discontinue the Services at anytime, including the availability of any feature, database, or content. Tennis AI LLC may also impose limits on certain features and services or restrict your access to parts or all of the Services without notice or liability. You may only use the Services and the App for your own personal, non-commercial use, and not for the use or benefit of any third party. You may only use the App in connection with the Services, and for no other use. Any software component embodied in the App is licensed to you, and not sold. Tennis AI LLC reserves the right, in its sole discretion, to modify this Agreement at any time by posting a notice on the App, or by sending you a notice via email or postal mail. You shall be responsible for reviewing and becoming familiar with any such modifications. Your use of the Services or the App following such notification constitutes your acceptance of the terms and conditions of this Agreement as modified.
Tennis AI LLC does not knowingly collect or solicit personal information from anyone under the age of 13 or knowingly allow such persons to register for the Services. If you are under 13, please do not attempt to register for the Services or send any information about yourself to us, including your name, address, telephone number, or email address. No one under age 13 may provide any personal information to Tennis AI LLC or on the Services. In the event that we learn that we have collected personal information from a child under age 13 without verification of parental consent, we will delete that information as quickly as possible. If you believe that we might have any information from or about a child under 13, please contact us at hello@tennisai.net.
You represent and warrant to Tennis AI LLC that: (i) you are an individual and you either are of legal age to form a binding contract or have your parent's permission to do so, and you are at least 13 years of age or older; (ii) all registration information you submit is accurate and truthful; and (iii) you will maintain the accuracy of such information. You understand and acknowledge that if you do not keep your account current and up-to-date, the App may not function properly. You also certify that you are legally permitted to use and access the Services and the App and take full responsibility for the selection and use of and access to the Services and the App. This Agreement is void where prohibited by law, and the right to access the Services and the App is revoked in such jurisdictions.
You shall be responsible for obtaining and maintaining any equipment or ancillary services needed to connect to, access, or otherwise use the Services and the App, including, without limitation, modems, hardware, software, and long distance or local telephone service. You shall be responsible for ensuring that such equipment or ancillary services are compatible with the Services and App.
2. APP CONTENT
The App and its contents are intended solely for the personal, non-commercial use of App users and may only be used in accordance with the terms of this Agreement. All materials displayed or performed on the App (including, but not limited to text, graphics, articles, photographs, images, illustrations ('Content')) are protected by copyright. You shall abide by all copyright notices, trademark rules, information, and restrictions contained in any Content accessed through the Services, and shall not use, copy, reproduce, modify, translate, publish, broadcast, transmit, distribute, perform, upload, display, license, sell or otherwise exploit for any purposes whatsoever any Content or third-party submissions or other proprietary rights not owned by you: (i) without the express prior written consent of the respective owners, and (ii) in any way that violates any third-party right.
The App is protected by copyright as a collective work and/or compilation, pursuant to U.S. copyright laws, international conventions, and other copyright laws. You may not modify, publish, transmit, participate in the transfer or sale of, reproduce (except as expressly provided in this Section 2), create derivative works based on, distribute, perform, display, or in any way exploit, any of the Content, software, materials, or Services in whole or in part.
You may download or copy the Content (and other items displayed on the App for download) for personal non-commercial use only, provided that you maintain all copyright and other notices contained in such Content. You shall not store any significant portion of any Content in any form. Copying or storing of any Content other than personal, noncommercial use is expressly prohibited without prior written permission from Tennis AI LLC or from the copyright holder identified in such Content's copyright notice. You shall not link to the App without Tennis AI LLC's prior written consent.
In the course of using the Services, you and other users may provide information which is visible to other users which may be used by Tennis AI LLC in connection with the Services. You understand that by posting information or content on the App or otherwise providing content, materials or information to Tennis AI LLC or in connection with the Services ('User Submissions'), Tennis AI LLC hereby is and shall be granted a non-exclusive, worldwide, royalty-free, perpetual, irrevocable, and transferable right to fully exploit such User Submissions (including all related intellectual property rights) and to allow others to do so; however, Tennis AI LLC will only share your personally identifiable information in accordance with Tennis AI LLC's privacy policy in effect from time to time and located at https://tennisai.net/privacy-policy. You also hereby do and shall grant each user of the Services a non-exclusive license to access your User Submissions through the Services, and to use, modify, reproduce, distribute, prepare derivative works of, display and perform such User Submissions as permitted through the functionality of the Services and under this Agreement. Furthermore, you understand that Tennis AI LLC retains the right to reformat, modify, create derivative works of, excerpt, and translate any User Submissions submitted by you. You understand that all information publicly posted or privately transmitted through the Services is the sole responsibility of the person from which such content originated and that Tennis AI LLC will not be liable for any errors or omissions in any content. You understand that Tennis AI LLC cannot guarantee the identity of any other users with whom you may interact in the course of using the Services. Additionally, Tennis AI LLC cannot guarantee the authenticity of any data which users may provide about themselves. You acknowledge that all Content accessed by you using the Services is at your own risk and you will be solely responsible for any damage or loss to any party resulting therefrom.
Under no circumstances will Tennis AI LLC be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred in connection with use of or exposure to any Content posted, emailed, accessed, transmitted, or otherwise made available via the Services.
3. YOUR WARRANTY
You warrant, represent and agree that you will not contribute any Content or otherwise use the Services or the App in a manner that (i) infringes or violates the intellectual property rights or proprietary rights, rights of publicity or privacy, or other rights of any third party; (ii) violates any law, statute, ordinance or regulation; (iii) is harmful, fraudulent, deceptive, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, or otherwise objectionable; (iv) involves commercial activities and/or sales without Tennis AI LLC's prior written consent such as contests, sweepstakes, barter, advertising, or pyramid schemes; (v) impersonates any person or entity, including without limitation any employee or representative of Tennis AI LLC; or (vi) contains a virus, trojan horse, worm, time bomb, or other harmful computer code, file, or program. Tennis AI LLC reserves the right to remove any Content from the Services at any time, for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such Content or if Tennis AI LLC is concerned that you may have breached the immediately preceding sentence), or for no reason at all. You, not Tennis AI LLC, remain solely responsible for all Content that you upload, post, email, transmit, or otherwise disseminate using, or in connection with, the Services, and you warrant that you possess all rights necessary to provide such content to Tennis AI LLC and to grant Tennis AI LLC the rights to use such information in connection with the Services and as otherwise provided herein.
4. RESTRICTIONS
You are responsible for all of your activity in connection with the Services and the App. Any fraudulent, abusive, or otherwise illegal activity may be grounds for termination of your right to access or use the Services or the App. You may not post or transmit, or cause to be posted or transmitted, any communication or solicitation designed or intended to obtain password, account, or private information from any Tennis AI LLC user. Use of the Services or the App to violate the security of any computer network, crack passwords or security encryption codes, transfer or store illegal material (including material that may be considered threatening or obscene), or engage in any kind of illegal activity is expressly prohibited. You will not run Maillist, Listserv, any form of autoresponder, or 'spam' on the Services, or any processes that run or are activated while you are not logged on to the App, or that otherwise interfere with the proper working of or place an unreasonable load on the Services' infrastructure. Further, the use of manual or automated software, devices, or other processes to 'crawl,' 'scrape,' or 'spider' any page of the App is strictly prohibited. You will not decompile, reverse engineer, or otherwise attempt to obtain the source code of the Services or the App. You will be responsible for withholding, filing, and reporting all taxes, duties and other governmental assessments associated with your activity in connection with the Services and the App.
5. WARRANTY DISCLAIMER
Tennis AI LLC has no special relationship with or fiduciary duty to you. You acknowledge that Tennis AI LLC has no control over, and no duty to take any action regarding: which users gain access to the Services; what Content you access via the Services; what effects the Content may have on you; how you may interpret or use the Content; or what actions you may take as a result of having been exposed to the Content. You release Tennis AI LLC from all liability for you having acquired or not acquired Content through the Services. The Services may contain, or direct you to websites containing, information that some people may find offensive or inappropriate. Tennis AI LLC makes no representations concerning any content contained in or accessed through the Services, and Tennis AI LLC will not be responsible or liable for the accuracy, copyright compliance, legality or decency of material contained in or accessed through the Services.
THE SERVICES, APP, CONTENT, WEBSITE AND ANY SOFTWARE ARE PROVIDED ON AN 'AS IS' BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR THAT USE OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
6. PRIVACY POLICY
For information regarding Tennis AI LLC's treatment of personally identifiable information, please review Tennis AI LLC's current Privacy Policy at https://tennisai.net/privacy-policy, which is incorporated herein by reference; your acceptance of this Agreement constitutes your acceptance and agreement to be bound by Tennis AI LLC's Privacy Policy.
7. REGISTRATION AND SECURITY
As a condition to using the App or some aspects of the Services, you may be required to register with Tennis AI LLC and select a password and user name ('Tennis AI User ID'). You shall provide Tennis AI LLC with accurate, complete, and updated registration information. Failure to do so shall constitute a breach of this Agreement, which may result in immediate termination of your account. You may not (i) select or use as a Tennis AI User ID a name of another person with the intent to impersonate that person; or (ii) use as a Tennis AI User ID a name subject to any rights of a person other than you without appropriate authorization. Tennis AI LLC reserves the right to refuse registration of or cancel a Tennis AI User ID in its discretion. You shall be responsible for maintaining the confidentiality of your password.
8. INDEMNITY
You will indemnify and hold Tennis AI LLC, its parents, subsidiaries, affiliates, officers, and employees harmless (including, without limitation, from all damages, liabilities, settlements, costs and attorneys' fees) from any claim or demand made by any third party due to or arising out of your access to or use of the Services or the App, your violation of this Agreement, or the infringement by you or any third party using your account of any intellectual property or other right of any person or entity.
9. LIMITATION OF LIABILITY
IN NO EVENT SHALL TENNIS AI LLC OR ITS SUPPLIERS, OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE WITH RESPECT TO THE WEBSITE, THE APP, THE SERVICES, OR THE SUBJECT MATTER OF THIS AGREEMENT, UNDER ANY CONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY (I) FOR ANY AMOUNT IN THE AGGREGATE IN EXCESS OF THE GREATER OF THE FEES PAID BY YOU THEREFOR OR $200; (II) FOR ANY INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER; (III) FOR DATA LOSS OR COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; OR (IV) FOR ANY MATTER BEYOND TENNIS AI LLC'S REASONABLE CONTROL. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.
10. THIRD PARTY WEBSITES
The Services may contain links to third party websites that are not owned or controlled by Tennis AI LLC. When you access third party websites, you do so at your own risk. You hereby represent and warrant that you have read and agreed to be bound by all applicable policies of any third party websites or services relating to your use of the Services and that you will act in accordance with those policies, in addition to your obligations under this Agreement. Tennis AI LLC has no control over, and assumes no responsibility for, the content, accuracy, privacy policies, or practices of or opinions expressed in any third party websites. In addition, Tennis AI LLC will not and cannot monitor, verify, censor or edit the content of any third party site.
By using the Services, you expressly relieve and hold harmless Tennis AI LLC from any and all liability arising from your use of any third party website. Your interactions with organizations and/or individuals found on or through the Services, including payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such organizations and/or individuals. If there is a dispute between participants on this site, or between users and any third party, you understand and agree that Tennis AI LLC is under no obligation to become involved. In the event that you have a dispute with one or more other users, you hereby release Tennis AI LLC, its officers, employees, agents, and successors in rights from claims, demands, and damages (actual and consequential) of every kind or nature, known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way related to such disputes and/or our service. If you are a California resident, you shall and hereby do waive California Civil Code Section 1542.
11. TERMINATION
This Agreement shall remain in full force and effect while you use the Services. You may terminate your use of the Services or your membership at any time by following the instructions on the App. Tennis AI may terminate or suspend your access to the Services, your right to use the App, or your membership at any time, for any reason, and without warning, which may result in the forfeiture and destruction of all information associated with your membership. Tennis AI may also terminate or suspend any and all Services, your right to use the App, and your access to the App immediately, without prior notice or liability, if you breach any of the terms or conditions of this Agreement. Upon termination of your account, your right to use the Services and App, and to access any Content, will immediately cease. All provisions of this Agreement that by their nature should survive termination—including without limitation, ownership provisions, warranty disclaimers, and limitations of liability—shall survive termination.
12. MISCELLANEOUS
The failure of either party to exercise any right provided herein shall not be deemed a waiver of any further rights hereunder. Tennis AI shall not be liable for any failure to perform its obligations where such failure results from causes beyond Tennis AI’s reasonable control, including (without limitation) mechanical, electronic, or communications failure or degradation (including “line-noise” interference). If any provision of this Agreement is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that this Agreement shall otherwise remain in full force and effect and enforceable. This Agreement is not assignable, transferable, or sublicensable by you except with Tennis AI’s prior written consent, while Tennis AI may transfer, assign, or delegate this Agreement and its rights and obligations without your consent. Both parties agree that this Agreement is the complete and exclusive statement of their mutual understanding and supersedes all previous written or oral agreements and understandings relating to the subject matter hereof. Any modifications must be in writing and signed by both parties, except as otherwise provided herein. No agency, partnership, joint venture, or employment relationship is created hereby, and you do not have any authority to bind Tennis AI in any respect whatsoever.
13. ARBITRATION; GOVERNING LAW
This Agreement shall be governed by and construed in accordance with the lawsof the State of California without regard to its conflict of laws provisions. Any dispute arising from or relating to this Agreement shall be finally settled by arbitration in Santa Clara County, California, using the English language and in accordance with the Streamlined Arbitration Rules and Procedures of Judicial Arbitration and Mediation Services, Inc. (“JAMS”), as then in effect, by a single commercial arbitrator experienced in resolving intellectual property and commercial contract disputes. Judgment upon the award rendered by such arbitrator may be entered in any court having jurisdiction thereof. Any arbitration under this Agreement will proceed on an individual basis only; class arbitrations and class actions are not permitted. YOU AND TENNIS AI AGREE TO WAIVE YOUR RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION. Notwithstanding the foregoing, each party retains the right to seek injunctive or other equitable relief in a court of proper jurisdiction pending the final determination of any arbitration. For all purposes, the parties consent to the exclusive jurisdiction and venue of the United States Federal Courts located in Delaware.
14. COPYRIGHT DISPUTE POLICY (DMCA)
Tennis AI has adopted the following general policy toward copyright infringement in accordance with the Digital Millennium Copyright Act (DMCA). It is Tennis AI’s policy to (1) block access to or remove material that it in good faith believes to be copyrighted material that has been illegally copied and distributed, and (2) remove and discontinue service to repeat offenders.
Procedure for Reporting Copyright Infringements:
If you believe that material or content available through the Services infringes a copyright, please send a notice of copyright infringement containing the following information to the Designated Agent: a physical or electronic signature of the person authorized to act on behalf of the owner of the allegedly infringed copyright; identification of the works or materials claimed to be infringed; identification of the material claimed to be infringing, including sufficient detail regarding its location so that Tennis AI can locate and verify it; contact information for the notifier, including address, telephone number, and, if available, email address; a statement that the notifier has a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and a statement made under penalty of perjury that the information provided is accurate and that the notifying party is authorized to act on behalf of the copyright owner.
Once a proper bona fide infringement notification is received by the Designated Agent, Tennis AI’s policy is to: remove or disable access to the infringing material; notify the content provider, member, or user that access to the material has been removed or disabled; and terminate the access to the Services for repeat offenders.
Procedure to Supply a Counter-Notice:
If you believe that the material removed (or access to which has been disabled) is not infringing, or that you have the right to post or use the material, you must send a counter-notice containing the following: a physical or electronic signature; identification of the removed or disabled material and its prior location; a statement that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification; and your name, address, telephone number, and, if available, email address, plus a statement consenting to the jurisdiction of the Federal Court for the district in which your address is located (or, if your address is outside the United States, for any judicial district in which Tennis AI is located) and agreeing to accept service of process from the notifying party.
If a counter-notice is received, Tennis AI may forward a copy to the original complaining party and, at its discretion, restore the removed material or access to it within 10 to 14 business days—unless the copyright owner initiates a court action for a temporary restraining order.
Designated Agent to Receive Notification of Claimed Infringement:
Tennis AI LLC - 8 The Green, Suite A in the City of Dover, Zip code 19901.
Samsung & Apple Device Notices
SAMSUNG DEVICE AND APPLICATION TERMS
YOU HEREBY ACKNOWLEDGE AND AGREE THAT THE APPLICATION INCLUDED HEREIN, AND ANY SERVICE AND CONTENT PROVIDED THROUGH THIS APPLICATION, ARE BEING PROVIDED TO YOU BY TENNIS AI AND NOT BY SAMSUNG ELECTRONICS CO., LTD. (“SAMSUNG”). YOU FURTHER ACKNOWLEDGE AND AGREE THAT YOUR DOWNLOAD, INSTALLATION, AND USE OF THE APPLICATION, SERVICE, AND CONTENT ARE GOVERNED BY TENNIS AI’S TERMS OF USE, LICENSE AGREEMENT, PRIVACY POLICY, OR OTHER APPLICABLE AGREEMENTS, AND THAT ANY INFORMATION AND PERSONAL DATA YOU PROVIDE TO TENNIS AI WILL BE SUBJECT TO TENNIS AI’S PRIVACY POLICY. TO THE EXTENT PERMITTED UNDER APPLICABLE LAW, SAMSUNG IS NOT RESPONSIBLE FOR ANY PRIVACY OR OTHER PRACTICES OF TENNIS AI AND EXPRESSLY DISCLAIMS ANY LIABILITY IN CONNECTION WITH THE APPLICATION, SERVICES, CONTENT, OR YOUR USE THEREOF.
APPLE DEVICE AND APPLICATION TERMS
YOU HEREBY ACKNOWLEDGE AND AGREE THAT THE APPLICATION INCLUDED HEREIN, AND ANY SERVICE AND CONTENT PROVIDED THROUGH THIS APPLICATION, ARE BEING PROVIDED TO YOU BY TENNIS AI AND NOT BY APPLE INC. (“APPLE”). YOU FURTHER ACKNOWLEDGE AND AGREE THAT YOUR DOWNLOAD, INSTALLATION, AND USE OF THE APPLICATION, SERVICE, AND CONTENT ARE GOVERNED BY TENNIS AI’S TERMS OF USE, LICENSE AGREEMENT, PRIVACY POLICY, OR OTHER APPLICABLE AGREEMENTS, AND THAT ANY INFORMATION AND PERSONAL DATA YOU PROVIDE TO TENNIS AI WILL BE SUBJECT TO TENNIS AI’S PRIVACY POLICY. TO THE EXTENT PERMITTED UNDER APPLICABLE LAW, APPLE IS NOT RESPONSIBLE FOR ANY PRIVACY OR OTHER PRACTICES OF TENNIS AI AND EXPRESSLY DISCLAIMS ANY LIABILITY IN CONNECTION WITH THE APPLICATION, SERVICES, CONTENT, OR YOUR USE THEREOF.
Intellectual Property & Contact
Tennis AI’s products and services may be protected by applicable intellectual property rights, including but not limited to copyrights, trademarks, and patents. Any specific patents or other intellectual property rights applicable to Tennis AI’s technology will be listed separately or provided upon request.
Contact
If you have any questions, complaints, or claims regarding the Services, please contact us at:
Email: hello@tennisai.net
Tennis AI - 8 The Green, Suite A in the City of Dover, Zip code 19901.