End User License Agreement
Tennis AI LLC
PLEASE READ THIS END USER LICENSE AGREEMENT('AGREEMENT') CAREFULLY BEFORE USING THE SOFTWAREAPPLICATION PRODUCTS AND SERVICES ("APP") OFFERED BYTENNIS AI LLC ('TENNIS AI'). BY DOWNLOADING THE TENNIS AISOFTWARE APPLICATION ("APP") OR USING THE TENNIS AI APPSOR SERVICES IN ANY MANNER, YOU AGREE THAT YOU HAVEREAD AND AGREE TO BE BOUND BY AND A PARTY TO THE TERMSAND CONDITIONS OF THIS AGREEMENT TO THE EXCLUSION OFALL OTHER TERMS. IF THE TERMS OF THIS AGREEMENT ARECONSIDERED AN OFFER, ACCEPTANCE IS EXPRESSLY LIMITED TOSUCH TERMS.
IF YOU DO NOT UNCONDITIONALLY AGREE TO ALL THE TERMSAND CONDITIONS OF THE AGREEMENT, YOU HAVE NO RIGHT TOUSE THE WEBSITE, APPS, OR SERVICES. TO REJECT THESE TERMS,YOU MUST DELETE THE APP FROM YOUR MOBILE DEVICEIMMEDIATELY.
1. ACCESS TO THE SERVICESThe App or application services offered from time to time by Tennis AILLC 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, asdescribed more fully on the App, that have been selected by you through theprocess provided on the App (together with the App, 'Services'). The term'Services' shall include, without limitation, use of the App, any service TennisAI LLC performs for you, and the content offered by Tennis AI LLC on theApp. Tennis AI LLC may change, suspend, or discontinue the Services at anytime, including the availability of any feature, database, or content. Tennis AILLC may also impose limits on certain features and services or restrict youraccess to parts or all of the Services without notice or liability. You may onlyuse the Services and the App for your own personal, non-commercial use, andnot for the use or benefit of any third party. You may only use the App inconnection with the Services, and for no other use. Any software componentembodied in the App is licensed to you, and not sold. Tennis AI LLC reservesthe right, in its sole discretion, to modify this Agreement at any time by postinga notice on the App, or by sending you a notice via email or postal mail. Youshall be responsible for reviewing and becoming familiar with any suchmodifications. Your use of the Services or the App following such notificationconstitutes your acceptance of the terms and conditions of this Agreement asmodified.
Tennis AI LLC does not knowingly collect or solicit personal information fromanyone under the age of 13 or knowingly allow such persons to register for theServices. If you are under 13, please do not attempt to register for the Servicesor send any information about yourself to us, including your name, address,telephone number, or email address. No one under age 13 may provide anypersonal information to Tennis AI LLC or on the Services. In the event that welearn that we have collected personal information from a child under age 13without verification of parental consent, we will delete that information asquickly as possible. If you believe that we might have any information from orabout 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 (i.e.,not a corporation) and you either are of legal age to form a binding contract orhave your parent's permission to do so, and you are at least 13 years or age orolder; (ii) all registration information you submit is accurate and truthful; and(iii) you will maintain the accuracy of such information. You understand andacknowledge that if you do not keep your account current and up-to-date, theApp may not function properly. You also certify that you are legally permittedto use and access the Services and the App and take full responsibility for theselection and use of and access to the Services and the App. This Agreement isvoid where prohibited by law, and the right to access the Services and the Appis revoked in such jurisdictions.
You shall be responsible for obtaining and maintaining any equipment orancillary services needed to connect to, access, or otherwise use the Servicesand the App, including, without limitation, modems, hardware, software, andlong distance or local telephone service. You shall be responsible for ensuringthat such equipment or ancillary services are compatible with the Services andApp.
2. APP CONTENT The App and its contents are intended solely for the personal, non-commercialuse of App users and may only be used in accordance with the terms of thisAgreement. All materials displayed or performed on the App (including, but notlimited to text, graphics, articles, photographs, images, illustrations (also knownas the 'Content')) are protected by copyright. You shall abide by all copyrightnotices, trademark rules, information, and restrictions contained in any Contentaccessed 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 orthird-party submissions or other proprietary rights not owned by you: (i)without the express prior written consent of the respective owners, and (ii) inany 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 copyrightlaws. You may not modify, publish, transmit, participate in the transfer or saleof, reproduce (except as expressly provided in this Section 2), create derivativeworks based on, distribute, perform, display, or in any way exploit, any of theContent, software, materials, or Services in whole or in part.
You may download or copy the Content (and other items displayed on the Appfor download) for personal non-commercial use only, provided that you maintain all copyright and other notices contained in such Content. You shallnot store any significant portion of any Content in any form. Copying or storingof any Content other than personal, noncommercial use is expressly prohibitedwithout prior written permission from Tennis AI LLC or from the copyrightholder identified in such Content's copyright notice. You shall not link to theApp without Tennis AI LLC's prior written consent.
In the course of using the Services, you and other users may provideinformation which is visible to other users which may be used by Tennis AILLC in connection with the Services. You understand that by postinginformation or content on the App or otherwise providing content, materials orinformation to Tennis AI LLC or in connection with the Services (collectively,'User Submissions'), Tennis AI LLC hereby is and shall be granted a nonexclusive, worldwide, royalty-free, perpetual, irrevocable, and transferable rightto fully exploit such User Submissions (including all related intellectualproperty rights) and to allow others to do so; however, Tennis AI LLC will onlyshare your personally identifiable information in accordance with Tennis AILLC's privacy policy in effect from time to time and locatedat https://tennisai.net/privacy-policy. You also hereby do and shall grant eachuser of the Services a non-exclusive license to access your User Submissionsthrough the Services, and to use, modify, reproduce, distribute, preparederivative works of, display and perform such User Submissions as permittedthrough 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 Submissionssubmitted by you. You understand that all information publicly posted orprivately transmitted through the Services is the sole responsibility of the personfrom which such content originated and that Tennis AI LLC will not be liablefor any errors or omissions in any content. You understand that Tennis AI LLCcannot guarantee the identity of any other users with whom you may interact inthe 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 anyContent, including, but not limited to, any errors or omissions in any Content, orany loss or damage of any kind incurred in connection with use of or exposureto any Content posted, emailed, accessed, transmitted, or otherwise madeavailable via the Services.
3. YOUR WARRANTYYou warrant, represent and agree that you will not contribute any Content orotherwise use the Services or the App in a manner that (i) infringes or violatesthe intellectual property rights or proprietary rights, rights of publicity orprivacy, 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 otherwiseobjectionable; (iv) involves commercial activities and/or sales without TennisAI 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 harmfulcomputer code, file, or program. Tennis AI LLC reserves the right to removeany Content from the Services at any time, for any reason (including, but notlimited to, upon receipt of claims or allegations from third parties or authoritiesrelating to such Content or if Tennis AI LLC is concerned that you may havebreached the immediately preceding sentence), or for no reason at all. You, notTennis AI LLC, remain solely responsible for all Content that you upload, post,email, transmit, or otherwise disseminate using, or in connection with, theServices, and you warrant that you possess all rights necessary to provide suchcontent to Tennis AI LLC and to grant Tennis AI LLC the rights to use suchinformation in connection with the Services and as otherwise provided herein.
4. RESTRICTIONSYou are responsible for all of your activity in connection with the Services andthe App. Any fraudulent, abusive, or otherwise illegal activity may be groundsfor termination of your right to access or use the Services or the App. You maynot post or transmit, or cause to be posted or transmitted, any communication orsolicitation designed or intended to obtain password, account, or privateinformation from any Tennis AI LLC user. Use of the Services or the App toviolate the security of any computer network, crack passwords or securityencryption codes, transfer or store illegal material (including material that maybe considered threatening or obscene), or engage in any kind of illegal activityis 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 theproper 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 codeof the Services or the App. You will be responsible for withholding, filing, andreporting all taxes, duties and other governmental assessments associated withyour activity in connection with the Services and the App.
5. WARRANTY DISCLAIMERTennis AI LLC has no special relationship with or fiduciary duty to you. Youacknowledge that Tennis AI LLC has no control over, and no duty to take anyaction regarding: which users gain access to the Services; what Content youaccess via the Services; what effects the Content may have on you; how youmay interpret or use the Content; or what actions you may take as a result ofhaving been exposed to the Content. You release Tennis AI LLC from allliability for you having acquired or not acquired Content through the Services.The Services may contain, or direct you to websites containing, information thatsome people may find offensive or inappropriate. Tennis AI LLC makes norepresentations concerning any content contained in or accessed through theServices, and Tennis AI LLC will not be responsible or liable for the accuracy,copyright compliance, legality or decency of material contained in or accessedthrough the Services.
THE SERVICES, APP, CONTENT, WEBSITE AND ANY SOFTWARE AREPROVIDED ON AN 'AS IS' BASIS, WITHOUT WARRANTIES OF ANYKIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUTLIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY,FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, ORTHAT USE OF THE SERVICES WILL BE UNINTERRUPTED OR ERRORFREE. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONGAN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAYNOT APPLY TO YOU.
6. PRIVACY POLICYFor information regarding Tennis AI LLC's treatment of personally identifiableinformation, please review Tennis AI LLC's current Privacy Policyat https://tennisai.net/privacy-policy, which is incorporated herein byreference; your acceptance of this Agreement constitutes your acceptance andagreement to be bound by Tennis AI LLC's Privacy Policy.
7. REGISTRATION AND SECURITYAs a condition to using the App or some aspects of the Services, you may berequired 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 constitutea breach of this Agreement, which may result in immediate termination of youraccount. You may not (i) select or use as a Tennis AI User ID a name of anotherperson with the intent to impersonate that person; or (ii) use as a Tennis AI UserID a name subject to any rights of a person other than you without appropriateauthorization. Tennis AI LLC reserves the right to refuse registration of orcancel a Tennis AI User ID in its discretion. You shall be responsible formaintaining the confidentiality of your password.
8. INDEMNITYYou will indemnify and hold Tennis AI LLC, its parents, subsidiaries, affiliates,officers, and employees harmless (including, without limitation, from alldamages, liabilities, settlements, costs and attorneys' fees) from any claim ordemand made by any third party due to or arising out of your access to or use ofthe Services or the App, your violation of this Agreement, or the infringementby you or any third party using your account of any intellectual property orother right of any person or entity.
9. LIMITATION OF LIABILITYIN NO EVENT SHALL TENNIS AI LLC OR ITS SUPPLIERS, OR THEIRRESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BELIABLE WITH RESPECT TO THE WEBSITE, THE APP, THE SERVICES,OR THE SUBJECT MATTER OF THIS AGREEMENT, UNDER ANYCONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY OR OTHERLEGAL OR EQUITABLE THEORY (I) FOR ANY AMOUNT IN THEAGGREGATE IN EXCESS OF THE GREATER OF THE FEES PAID BYYOU THEREFOR OR $200; (II) FOR ANY INDIRECT, INCIDENTAL,PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KINDWHATSOEVER; (III) FOR DATA LOSS OR COST OF PROCUREMENT OFSUBSTITUTE GOODS OR SERVICES; OR (IV) FOR ANY MATTERBEYOND TENNIS AI LLC'S REASONABLE CONTROL. SOME STATESDO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTALOR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS ANDEXCLUSIONS MAY NOT APPLY TO YOU.
10. THIRD PARTY WEBSITESThe Services may contain links to third party websites that are not owned orcontrolled by Tennis AI LLC. When you access third party websites, you do soat your own risk. You hereby represent and warrant that you have read andagreed to be bound by all applicable policies of any third party websites orservices relating to your use of the Services and that you will act in accordancewith those policies, in addition to your obligations under this Agreement.Tennis AI LLC has no control over, and assumes no responsibility for, thecontent, accuracy, privacy policies, or practices of or opinions expressed in anythird 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 LLCfrom any and all liability arising from your use of any third party website. Yourinteractions with organizations and/or individuals found on or through theServices, including payment and delivery of goods or services, and any otherterms, conditions, warranties or representations associated with such dealings,are solely between you and such organizations and/or individuals. You shouldmake whatever investigation you feel necessary or appropriate beforeproceeding with any online or offline transaction with any of these third parties.You agree that Tennis AI LLC shall not be responsible or liable for any loss ordamage of any sort incurred as the result of any such dealings. If there is adispute 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 becomeinvolved. In the event that you have a dispute with one or more other users, youhereby release Tennis AI LLC, its officers, employees, agents, and successors inrights from claims, demands, and damages (actual and consequential) of everykind or nature, known or unknown, suspected or unsuspected, disclosed orundisclosed, arising out of or in any way related to such disputes and/or ourservice. If you are a California resident, you shall and hereby do waiveCalifornia Civil Code Section 1542, which says: 'A general release does notextend to claims which the creditor does not know or suspect to exist in hisfavor at the time of executing the release, which, if known by him must havematerially affected his settlement with the debtor.'
11. TERMINATIONThis 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 byfollowing the instructions on the App. Tennis AI may terminate or suspend youraccess to the Services, your right to use the App, or your membership at anytime, for any reason, and without warning, which may result in the forfeitureand destruction of all information associated with your membership. Tennis AImay 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 youbreach any of the terms or conditions of this Agreement. Upon termination ofyour 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 natureshould survive termination—including without limitation, ownershipprovisions, warranty disclaimers, and limitations of liability—shall survivetermination.
12. MISCELLANEOUSThe failure of either party to exercise any right provided herein shall not bedeemed a waiver of any further rights hereunder. Tennis AI shall not be liablefor any failure to perform its obligations where such failure results from causesbeyond 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 beunenforceable or invalid, that provision shall be limited or eliminated to theminimum extent necessary so that this Agreement shall otherwise remain in fullforce and effect and enforceable. This Agreement is not assignable, transferable,or sublicensable by you except with Tennis AI’s prior written consent, whileTennis AI may transfer, assign, or delegate this Agreement and its rights andobligations without your consent. Both parties agree that this Agreement is thecomplete and exclusive statement of their mutual understanding and supersedesall previous written or oral agreements and understandings relating to thesubject matter hereof. Any modifications must be in writing and signed by bothparties, except as otherwise provided herein. No agency, partnership, jointventure, or employment relationship is created hereby, and you do not have anyauthority to bind Tennis AI in any respect whatsoever.
13. ARBITRATION; GOVERNING LAWThis Agreement shall be governed by and construed in accordance with the lawsof the State of California without regard to its conflict of laws provisions. Anydispute arising from or relating to this Agreement shall be finally settled byarbitration in Santa Clara County, California, using the English language and inaccordance with the Streamlined Arbitration Rules and Procedures of JudicialArbitration and Mediation Services, Inc. (“JAMS”), as then in effect, by a singlecommercial arbitrator experienced in resolving intellectual property andcommercial contract disputes. Judgment upon the award rendered by sucharbitrator may be entered in any court having jurisdiction thereof. Anyarbitration under this Agreement will proceed on an individual basis only; classarbitrations and class actions are not permitted.
YOU AND TENNIS AIAGREE TO WAIVE YOUR RIGHT TO A TRIAL BY JURY OR TOPARTICIPATE IN A CLASS ACTION. Notwithstanding the foregoing, eachparty retains the right to seek injunctive or other equitable relief in a court ofproper jurisdiction pending the final determination of any arbitration. For allpurposes, the parties consent to the exclusive jurisdiction and venue of theUnited States Federal Courts located in Delaware.
14. COPYRIGHT DISPUTE POLICYTennis AI has adopted the following general policy toward copyrightinfringement in accordance with the Digital Millennium Copyright Act(DMCA) (see: www.lcweb.loc.gov/copyright/legislation/dmca.pdf). Theaddress of Tennis AI’s Designated Agent to Receive Notification of ClaimedInfringement (“Designated Agent”) is provided at the end of this Section. It isTennis AI’s policy to (1) block access to or remove material that it in good faithbelieves to be copyrighted material that has been illegally copied anddistributed, 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 acopyright, please send a notice of copyright infringement containing thefollowing information to the Designated Agent:
• A physical or electronic signature of the person authorized to act onbehalf 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 sufficientdetail 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 useis not authorized by the copyright owner, its agent, or the law; and
• A statement made under penalty of perjury that the information providedis accurate and that the notifying party is authorized to act on behalf ofthe 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 materialhas 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 mustsend 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 wasremoved 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 thedistrict in which your address is located (or, if your address is outside theUnited States, for any judicial district in which Tennis AI is located) andagreeing to accept service of process from the notifying party.
If a counter-notice is received, Tennis AI may forward a copy to the originalcomplaining party and, at its discretion, restore the removed material or accessto it within 10 to 14 business days—unless the copyright owner initiates a courtaction for a temporary restraining order.
Designated Agent to Receive Notification of Claimed Infringement:Tennis AI LLC - 8The Green, Suite Ain the City of Dover. Zip code 19901.
SAMSUNG DEVICE AND APPLICATION TERMSYOU HEREBY ACKNOWLEDGE AND AGREE THAT THEAPPLICATION INCLUDED HEREIN, AND ANY SERVICE ANDCONTENT PROVIDED THROUGH THIS APPLICATION, ARE BEINGPROVIDED TO YOU BY TENNIS AI AND NOT BY SAMSUNGELECTRONICS CO., LTD. (“SAMSUNG”).YOU FURTHER ACKNOWLEDGE AND AGREE THAT YOURDOWNLOAD, INSTALLATION, AND USE OF THE APPLICATION,SERVICE, AND CONTENT ARE GOVERNED BY TENNIS AI’S TERMSOF USE, LICENSE AGREEMENT, PRIVACY POLICY, OR OTHERAPPLICABLE AGREEMENTS, AND THAT ANY INFORMATION ANDPERSONAL DATA YOU PROVIDE TO TENNIS AI WILL BE SUBJECT TOTENNIS AI’S PRIVACY POLICY.TO THE EXTENT PERMITTED UNDER APPLICABLE LAW, SAMSUNGIS NOT RESPONSIBLE FOR ANY PRIVACY OR OTHER PRACTICES OFTENNIS AI AND EXPRESSLY DISCLAIMS ANY LIABILITY INCONNECTION WITH THE APPLICATION, SERVICES, CONTENT, ORYOUR USE THEREOF.
APPLE DEVICE AND APPLICATION TERMSYOU HEREBY ACKNOWLEDGE AND AGREE THAT THEAPPLICATION INCLUDED HEREIN, AND ANY SERVICE ANDCONTENT PROVIDED THROUGH THIS APPLICATION, ARE BEINGPROVIDED TO YOU BY TENNIS AI AND NOT BY APPLE INC.(“APPLE”).YOU FURTHER ACKNOWLEDGE AND AGREE THAT YOURDOWNLOAD, INSTALLATION, AND USE OF THE APPLICATION,SERVICE, AND CONTENT ARE GOVERNED BY TENNIS AI’S TERMSOF USE, LICENSE AGREEMENT, PRIVACY POLICY, OR OTHERAPPLICABLE AGREEMENTS, AND THAT ANY INFORMATION ANDPERSONAL DATA YOU PROVIDE TO TENNIS AI WILL BE SUBJECT TOTENNIS AI’S PRIVACY POLICY.TO THE EXTENT PERMITTED UNDER APPLICABLE LAW, APPLE ISNOT RESPONSIBLE FOR ANY PRIVACY OR OTHER PRACTICES OFTENNIS AI AND EXPRESSLY DISCLAIMS ANY LIABILITY INCONNECTION WITH THE APPLICATION, SERVICES, CONTENT, ORYOUR USE THEREOF.
INTELLECTUAL PROPERTYTennis AI’s products and services may be protected by applicable intellectualproperty rights, including but not limited to copyrights, trademarks, and patents.Any specific patents or other intellectual property rights applicable to TennisAI’s technology will be listed separately or provided upon request.
CONTACTIf you have any questions, complaints, or claims regarding the Services, pleasecontact us at:Email: hello@tennisai.netTennis AI - 8The Green, Suite Ain the City of Dover. Zip code 19901.
