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