GENERAL TERMS AND CONDITIONS OF THE TENNIS STATS APP

The present general terms and conditions (hereinafter referred to as the ‘General Terms and Conditions’) regulate the terms and conditions of the use of the Tennis Stats Pro product (hereinafter referred to as the ‘software product’) to the customer or user (‘Customer or User’) by IMS Informatica Srl, (hereinafter also referred to as the ‘Producer’), as well as the provision of update services to the Customer.

1) PROPERTIES

The Customer is the owner only of the physical support(s) on which the software product is installed, and therefore, in application of this agreement, IMS Informatica Srl, with registered office in Via Giovanni Battista Tiepolo, 11 - 00196 Rome (RM), retains ownership and any other rights otherwise qualified on the software product installed and stored on the device(s) and any subsequent versions thereof.

2) COPYRIGHT

This software is protected by applicable laws, decrees, regulations and any other applicable national provisions, in particular by copyright and intellectual property law, as well as by EU regulations and international treaties on the subject as applicable.

The software product, any part or element thereof (including, by way of non-exhaustive listing: any image, icon, photograph, animation, video, music, data and text), the electronic and on-line documentation relating to the software product, are the exclusive property of IMS Informatica Srl and may not be reproduced by the User in any form or manner whatsoever. All rights on trademarks, product names and any other distinctive sign are reserved by IMS Informatica Srl.

3) OBJECT OF THE CONTRACT

The subject matter of the contract is the granting by IMS Informatica Srl, of the use of its software product in accordance with the contractual terms set out below, which differ according to the user:

ATHLETE USER

Starter

The Producer grants a free trial period with access to the full functionality of the app. At the end of this period, the app may be used in Free mode or converted by the User to one of the proposed subscriptions. The use of the app and the site includes advertising.

Free

The Free contract provides access to the basic functionality with the possibility of acquiring all the features of the app, but the statistics available to the user are in basic mode and the two-month limitation on the availability of statistics remains. Use of the app and site includes advertising.

Basic

The Basic contract includes a monthly fee that will allow access to all app features and limited access to standard statistics only. The use of the app and the site does not include advertising. In the event of non-payment or non-renewal of the subscription by the User, the contract will be converted to Free. In the event of reactivation, the statistics available will start from the two months preceding the date of reactivation.

Advanced

The Advanced contract includes a monthly fee with full access to the app's features and access to standard and advanced statistics with no limit on data access. There is no advertising for the use of the site and app. In the event of non-payment of the amount due, or non-renewal of the subscription by the User, the contract will be converted to Free. In the event of reactivation, the statistics available will start from the two months preceding the date of reactivation.

Professional

The Professional contract includes an annual fee with full access to functionality and access to full statistics with no limit on data access. There is no advertising for the use of the site and app. In the event of non-payment or non-renewal of the subscription by the User, the contract will be converted to Free. In the event of reactivation, the statistics available will start from the two months preceding the date of reactivation.

USER COACH

Starter

The Producer grants a free trial period with access to the full functionality of the app, with the limitation that only two affiliates can be managed. At the end of this period, the app may be used in Basic mode or converted by the User to one of the proposed subscriptions. In the event of conversion to Basic, at the end of the free trial period, the affiliate with the lowest affiliation date will be retained. In the event of reactivation, the available statistics will start from the two months preceding the date of reactivation. The use of the app and site includes advertising.

Basic

The Basic contract provides access to the basic functionality with the possibility of acquiring the full functionality of the app, with the limitation of being able to manage only one affiliate, the statistics available to the user are in basic mode. The use of the app and site includes advertising.

Advanced

The Advanced contract foresees an annual fee that will allow access to the full functionality of the app with the limitation of being able to manage a maximum of 5 affiliates and access to standard statistics only. The use of the app and site does not include advertising. In the event of non-payment or non-renewal of the subscription by the User, the contract will be converted to Basic and the affiliate with the shortest affiliation date will be retained. In the event of reactivation, the available statistics will start from the two months preceding the date of reactivation.

Professional

The Professional contract provides for an annual fee with full access to the app's features, with the limitation of being able to manage a maximum of 20 affiliates and access to standard and advanced statistics with no data access limits. There is no advertising for the use of the site and app. In the event of non-payment or non-renewal of the subscription by the User, the contract will be converted to Basic and the affiliate with the shortest affiliation date will be retained. In the event of reactivation, the available statistics will start from the two months preceding the date of reactivation.

Additional affiliates

If there are more than 20 affiliates, you may request a quotation according to the needs of your school or association.

 

4) CONCLUSION OF THE CONTRACT

The contract is finalised when the User, by connecting to the IMS Informatica Srl website or from the Android and Apple stores, downloads the TENNIS STATS PRO app, providing his/her personal data and accepting, by way of acknowledgement and adherence, the general terms and conditions of contract and the Information on the processing of personal data pursuant to Articles 13 and 14 of the GDPR 679/2016.

5) RIGHT OF WITHDRAWAL

With regard to Apps obtained through the Producer or a Reseller, the User agrees that the execution of the obtained Apps shall commence immediately - or at least as soon as possible - after the User has downloaded the App; at the time of execution the User shall also waive his/her right to withdrawal within 14 days.

6) PAYMENT

The User's obligation to pay only arises when, at the end of the free trial period (Starter formula), the User chooses one of the forms of paid subscription (monthly or annual) provided for in the subject matter of the contract. The User may continue to use the app free of charge through the Free formula in the case of an athlete user, and Basic in the case of a trainer user.

The terms and methods of payment for each type of contract chosen by the User are indicated on the app's website.

Under no circumstances may the User decide independently to pay part of the price due, not even in the event of a dispute over the service provided.

The User is responsible for any local sales tax, other taxes and governmental charges associated with the order. Prices may be subject to change at any time, but such changes do not affect fixed-term service orders placed prior to the date of the change. In the case of month-to-month subscriptions, price changes are applied at the beginning of the subscription period following the date of the price change upon notice to the User (via email, website and app). The User hereby accepts the new price by continuing to use the Services or App after the effective date of the price indicated in the communication. In case the User does not accept the price change, he/she shall have the right to reject the change by cancelling his/her subscription.

7) DURATION AND RENEWAL OF THE CONTRACT

Each of the contracts provided for the use of the software product shall have a duration of one month or twelve months from the date of conclusion and shall be tacitly renewed, unless cancelled by the User via app or website.

The Producer reserves the right to waive or suspend the free provision of any services.

8) USE OF THE SOFTWARE PRODUCT AND USER OBLIGATIONS

The User acknowledges and recognises that all industrial and/or intellectual property rights over the software product and the related documentation, including the rights of economic exploitation, in whole or in part, anywhere in the world, is and remains the exclusive property of IMS Informatica Srl.

The User may only use the software product in the ways expressly permitted by the contract and shall comply with any technical limitations in the software product that allow him to use it only in certain ways.

The User may install the software product on an unlimited number of devices and may access the product with authentication credentials upon registration of his account and consent to the processing of his data.

The User is prohibited from developing products or software applications based on the software of IMS Informatica Srl and from modifying the source code of the product. In particular, it is forbidden for the User to make copies of the software without the written authorisation of IMS Informatica Srl even after the contractual expiry date, as this would constitute a misconduct as well as a clear breach of contract and a consequent violation of copyright laws.  The User is also prohibited from decoding, decompiling, disassembling, modifying or translating the Software product.

The User may not publish the software, also for the purpose of enabling its duplication by third parties, and may not market the software product and its updates for any reason whatsoever, nor use the software in conflict with legal regulations, nor circumvent the technical limitations and technological measures present in the software product

The User is not authorised to transfer or assign his/her personal account references and credentials for access to and use of the software product for any reason whatsoever.

The User is obliged to use the software product in accordance with the uses foreseen in the contract and in any case in a lawful manner, respecting the laws in force, public order and morality as well as, not to engage in conduct that is criminally relevant or that could in any case expose the Producer to civil claims for damages.

The User declares to indemnify and hold harmless the Producer from any damaging or criminally relevant consequence that may arise from the illegitimate use of the software product.

The User is obliged to provide his personal data in a truthful and up-to-date manner, promptly communicating in writing (even by simple e-mail), any changes that may occur during the execution of the contract; moreover, he undertakes to communicate any inefficiencies within three days of their occurrence.

If the User does not comply with these conditions of use of the software product, and therefore in the event of non-compliance or breach of the provisions set out in this point, IMS Informatica Srl may inhibit access to the software product. IMS Informatica Srl shall have the right to request compensation for damages suffered and shall not be obliged in any case to refund, not even partially, the fee paid by the User.

9) RESPONSIBILITY

IMS Informatica Srl informs the User that software products, in general, cannot be developed in such a way that they operate without errors with respect to all possible applications and uses. Furthermore, updated versions of the software may introduce new errors that were not present in the previous version. The User accepts that the software may contain errors. IMS Informatica Srl, in its own interest and in order to avoid damages to itself and to others, undertakes to always carry out, with diligence, accurate checks and controls, and to keep precise and detailed records of them, in order to detect and remedy possible malfunctions of the software product in time.

10) LIMITATION OF LIABILITY

The User acknowledges that, with the exception of cases of fraud or gross negligence, IMS Informatica Srl shall in no case be held liable for any direct or indirect damage (including damage for loss of profit or savings, interruption of business, loss of information or data and other economic losses) caused to the User or to third parties as a result of the use or non-use of the software product, even if IMS Informatica Srl has been informed of the possibility of such damage, since the User is in any case obliged to verify the correctness of the processing carried out by means of the software product. This limitation of liability is applicable not only in the case of use of the software product in a manner that does not comply with the manufacturer's instructions, but also in the case of use in compliance with the same.

The User declares that he/she shall have nothing to claim for the measures taken by IMS Informatica Srl in response to his/her illegitimate or unlawful conduct for any reason and/or reason and releases the same from any criminal, civil or administrative liability.

In any case, the Producer's liability is excluded for the following cases:

a) unforeseeable circumstances or force majeure

b) malfunctioning dependent on the unsuitable computer equipment used by the Customer;

c) measures taken by the Producer as a consequence of the violation of applicable regulations, public order and morality by the customer;

d) use of the software product in a manner divergent from its intended use;

e) measures taken by the Producer for security reasons or aimed at avoiding danger or prejudice to third parties;

f) cancellation or suspension of the provided services resulting from the User's non-performance or from events not attributable to the Producer.

In the event of the occurrence of any of the facts described in the preceding paragraph (letters a - f), the Producer does not guarantee in any way the loss of any personal data of the User stored in its computer system.

The Producer is fully released from carrying out any control and supervision activities on the content processed or communicated by the User.

11) CANCELLATION

The User may withdraw from the contract in advance by registered mail with return receipt or by Certified Electronic Mail (PEC), but in that case he shall not be entitled to any reimbursement, not even partial, of the payment made at the time the contract was concluded.

The Producer will be able to withdraw from the contract at any moment and without obligation of motivation. After the said term, the Producer will be able to interrupt the use of the software product by the User, but will have to reimburse to this last the price paid in reason of the months of contract not enjoyed.

12) EXPRESS TERMINATION CLAUSE

The contract shall terminate by operation of law pursuant to and for the purposes of Article 1456 of the Civil Code in the following cases

a) assignment of the contract to a third party

b) serious breach of contractual obligations by the User;

c) non-payment by the User of the agreed consideration;

d) in the event of the User being subjected to bankruptcy or other insolvency proceedings;

e) in the event of claims for damages made by third parties as a result of the User's conduct.

The termination shall occur as of right at the moment when the Producer notifies the User in writing (registered letter with acknowledgement of receipt or PEC) of his wish to make use of the express termination clause.

In the event of legal termination of the contract, the User will be obliged to pay, as a penalty, the agreed sums for the contractual services not yet performed.

13) EXCLUSION OF GUARANTEES

Any warranty in the event that the software product is included in or otherwise forms part of other software applications including operating systems developed by third parties is excluded.

Any warranty is excluded in the event that the software product is installed on hardware with specifications different from those indicated by the manufacturer and in the event of any conflict caused by the hardware and the software of third parties.

Without prejudice to the application of mandatory provisions of law, IMS Informatica Srl does not provide and does not acknowledge any warranty for original or supervening defects and does not make any promise of quality, proper functioning or suitability for a particular purpose or result with respect to the software product.

14) UPGRADES

These conditions of use also apply to update versions of the Software product as well as to improvements or modifications thereof.

15) APPLICABLE LAW, JURISDICTION AND COMPETENT COURT

This agreement is subject to the substantive law of Italy. Notwithstanding any different connecting provisions of the individual legal systems or of International Conventions, any dispute that may arise between the parties on the interpretation or execution of the same shall be devolved exclusively to the Italian Jurisdiction, with jurisdiction, also exclusive, of the Court of Rome.

16) TRANSLATION

Should another language translation of these terms and conditions be prepared, it is understood that the Italian version shall prevail.

17) UNFAIR TERMS

The User acknowledges that these General Terms and Conditions of Contract contain certain ‘vexatious clauses’ pursuant to and for the purposes of Articles 1341 and 1342 of the Italian Civil Code, and therefore declares that he/she has read, understands the contents and approves said clauses contained specifically in the following articles:

2) copyright (copyright and intellectual property rights); 4) conclusion of the contract; 5) right of withdrawal; 6) payment; 8) use of the software product and obligations of the customer; 9) liability; 10) limitation of liability; 11) termination; 12) express termination clause; 13) exclusion of warranties; 15) competent court.

WARNING

IMS Informatica Srl guarantees the compliance of the software product with the regulations in force. Since it is obvious that changes in laws or regulations are always possible, just as changes in the interpretation of standards are always possible, and since it is also clear that any changes and amendments would make the software product in the User's possession no longer compliant with such regulations, the User undertakes from time to time to ascertain whether the use he intends to make of the software product is lawful (or, in any case, is still lawful), abstaining from use in the event of doubt as to whether the intended use is lawful, and notifying the manufacturer of the circumstance as soon