TERMS OF USE

Effective Date: May 13, 2024

These Terms of Use (“Terms”) apply to all users (“User” or “You”) who access and use the services (“Services”) provided by Tennis ComStat (“we,” “us,” or “our”). By accessing or using the Services, you agree to these Terms. Please read them carefully before using the Services.

1. INTRODUCTION

Tennis ComStat provides a comprehensive data and video analysis solution designed for tennis players, coaches, and organizations. Our platform allows users to upload match videos, generate detailed statistics, and access performance insights. These Terms govern your use of our platform, services, software applications, and websites.

2. ACCEPTANCE OF TERMS

By using our Services, including registering for an account or uploading match videos, you accept and agree to be bound by these Terms and our Privacy Policy, which can be found here. If you do not agree, you must stop using the Services.

We reserve the right to modify these Terms at any time. Any changes will become effective when posted. Continued use of the Services after the posting of any changes indicates acceptance of the revised Terms.

3. AGE RESTRICTIONS

The Services are intended for users who are thirteen (13) years of age or older. Under the Children’s Online Privacy Protection Act (COPPA), Tennis ComStat may provide Services to users who identify themselves as under the age of 13 only where we receive verifiable parental consent. Any user under the age of 18 must review these Terms with their parent(s) or legal guardian(s) to ensure that both the user and the parent(s) or legal guardian(s) understand and accept these Terms and the Privacy Policy.

A parent or legal guardian accepting the Terms on behalf of a child agrees and accepts full responsibility for the child’s use of the Services, including all financial charges and legal liability that such child may incur.

4. USING THE SERVICES & SUPPORT

4.1 Account Provision

When you upload your first match for analysis, an account is automatically created for you by Tennis ComStat. You will receive login details via email, and from that point, you will have access to your personal account on the platform.

4.2 Account Security

To protect your account, keep your login details and password confidential. You are responsible for all activities that occur under your account. If you suspect unauthorized access or any security breach, you must notify us immediately. Tennis ComStat is not liable for any losses resulting from unauthorized use of your account.

4.3 Client Responsibility

You are responsible for providing the correct video footage and match information. Any incorrect or incomplete information may result in data inconsistencies (e.g., wrong scoring or missing data points) or delays in service provision.

4.4 Video Quality

Tennis ComStat reserves the right to reject a video from processing if the video quality is deemed unacceptable for analysis. We will notify you if this occurs, and you may be required to provide a new video to proceed with the service.

4.5 Support and Technical Issues

If you experience any problems with access, content availability, or other technical issues, please submit a support request through the Tennis ComStat platform or contact us via email at info@tenniscomstat.com. We strive to address support requests as quickly as possible.

5. PAYMENTS AND REFUNDS

5.1 Payment Methods

Payments for Services must be made by a valid credit card or any other customary method determined by Tennis ComStat. Payments will be processed through third-party payment services. We may appoint third parties to handle payment processing on our behalf.

5.2 Payment Terms

Payments for the Services are typically done in advance or according to the specific terms defined in a Master Service Agreement (MSA) for each client. The MSA may outline different payment schedules or terms based on the agreed conditions with the client. All payments made are non-refundable unless otherwise specified in the MSA.

6. USER CONTENT AND RESPONSIBILITY

6.1 Video Uploads

Users are responsible for ensuring that any match videos they upload do not violate any third-party rights, including privacy and copyright. We assume no responsibility for any person(s) recorded without their consent or without being informed by the User. By uploading videos, you confirm that you have obtained all necessary permissions from individuals appearing in the videos.

6.2 Content Usage

By using our Services, you consent to Tennis ComStat reusing analytics and data generated from your match videos for purposes such as creating leaderboards, aggregated reports, datasets, and for machine learning (ML) purposes, unless it is specifically requested by the user that such information not be used.

6.3 Content Monitoring and Removal

We reserve the right to monitor and remove any content uploaded to our platform if it violates these Terms or any applicable laws, including copyright violations or inappropriate material. We assume no responsibility or liability for user content but reserve the right to remove or refuse to post any user content at our sole discretion.

7. THIRD-PARTY SERVICES

Tennis ComStat relies on third-party services for video hosting, payment processing, and other functionalities. We are not responsible for any issues related to the unavailability, inaccessibility, or failure of these third-party services.

8. SERVICE AVAILABILITY

At Tennis ComStat, we work diligently to provide reliable and consistent access to our platform. However, there may be occasions when access to the Services is interrupted due to scheduled maintenance, updates, or unforeseen technical difficulties. While we strive to minimize any disruptions, some interruptions may be unavoidable.

We appreciate your understanding in these instances and recommend taking necessary precautions, such as backing up important data. If any significant issues arise, our support team is available to assist and work towards a resolution as quickly as possible.

9. PRIVACY

Your use of our Services is governed by our Privacy Policy, which explains how we collect, use, and disclose your personal information. By using the Services, you consent to our collection and use of your data as outlined here: Tennis ComStat Privacy Policy.

10. LIMITATION OF LIABILITY

To the fullest extent permitted by law, Tennis ComStat, along with its subsidiaries, affiliates, officers, agents, employees, and partners, will not be liable for any direct, indirect, special, incidental, or consequential damages. This includes, but is not limited to, lost profits, business interruptions, or lost data resulting from the use or inability to use the Services, including any user content, even if we have been advised of the possibility of such damages. You agree not to hold Tennis ComStat or its representatives liable for any claims, damages, or losses related to your use of the Services.

11. TERMINATION

We reserve the right to suspend or terminate your access to the Services at any time if you violate these Terms or engage in conduct that we deem harmful to our business or other users. Upon termination, you will lose access to your account and any data stored within the platform.

12. GOVERNING LAW AND DISPUTE RESOLUTION

These Terms shall be governed by the laws of Poland without regard to its conflict of law principles. Any disputes arising out of or related to these Terms or your use of the Services shall be resolved in the courts of Poland.

13. CONTRACTOR DETAILS AND CONTACT INFORMATION

If you have any questions about these Terms, please contact us at  info@tenniscomstat.com

Mikhail Haurylchyk IE

02-972, Poland, Warsaw

Identification Number (NIP): 9512596058