Last updated: November, 2024

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These Terms of Use ("Terms") govern your use of the mobile application „MyDigitalTennisCoach“ ("Service") operated by MYDIGITALTENNISCOACH GmbH. By using MyDigitalTennisCoach you agree to these Terms. If you disagree with any part of the terms, you may not access MyDigitalTennisCoach.

 

You are responsible for the content you create with MyDigitalTennisCoach.

​Your use of the MyDigitalTennisCoach is at your sole risk. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.

​We do not warrant that a) the Service will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) the Service is free of viruses or other harmful components; or d) the results of using the Service will meet your requirements.

 

In no event shall MYDIGITALTENNISCOACH GmbH, nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Service; (ii) any conduct or content of any third party on the Service; (iii) any content obtained from the Service; and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.

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These Terms shall be governed and construed in accordance with the laws of Germany.

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. 

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We reserve the right, at our sole discretion, to modify or replace these Terms at any time. By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, please stop using the Service.

ACCESS TO THE SERVICES. The App or application services offered from time to time by MyDigitalTennisCoach in connection therewith are owned and operated by MyDigitalTennisCoach. MyDigitalTennisCoach 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 MyDigitalTennisCoach performs for you and the content offered by MyDigitalTennisCoach on the App. MyDigitalTennisCoach may change, suspend or discontinue the Services at any time, including the availability of any feature, database, or content. MyDigitalTennisCoach 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. MyDigitalTennisCoach 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.

You represent and warrant to MyDigitalTennisCoach that: (i) you are an individual (i.e., not a corporation) 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 or 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.

 

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 (also known as the '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.

 

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 MyDigitalTennisCoach 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 auto-responder, 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.

 

WARRANTY DISCLAIMER. MyDigitalTennisCoach has no special relationship with or fiduciary duty to you. You acknowledge that MyDigitalTennisCoach 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 MyDigitalTennisCoach 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. MyDigitalTennisCoach makes no representations concerning any content contained in or accessed through the Services, and MyDigitalTennisCoach 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.

 

INDEMNITY. You will indemnify and hold MyDigitalTennisCoach, 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.

 

LIMITATION OF LIABILITY. IN NO EVENT SHALL MyDigitalTennisCoach 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 MYDIGITALTENNISCOACH'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.

 

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. MyDigitalTennisCoach 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. MyDigitalTennisCoach may also terminate or suspend any and all Services, your right to use the App, and 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 Service and App, and to access the App and any Content, will immediately cease. All provisions of this Agreement which, by their nature, should survive termination, shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, and limitations of liability.

 

MISCELLANEOUS. The failure of either party to exercise, in any respect, any right provided for herein shall not be deemed a waiver of any further rights hereunder. MyDigitalTennisCoach shall not be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond MyDigitalTennisCoach'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 MyDigitalTennisCoach's prior written consent. MyDigitalTennisCoach may transfer, assign or delegate this Agreement and its rights and obligations without consent. Both parties agree that this Agreement is the complete and exclusive statement of the mutual understanding of the parties and supersedes and cancels all previous written and oral agreements, communications and other understandings relating to the subject matter of this Agreement, and that all modifications must be in a writing signed by both parties, except as otherwise provided herein. No agency, partnership, joint venture, or employment is created as a result of this Agreement and you do not have any authority of any kind to bind MyDigitalTennisCoach in any respect whatsoever.

 

APPLE DEVICE AND APPLICATION TERMS. YOU HEREBY ACKNOWLEDGE AND AGREE THAT THE APPLICATION THAT IS INCLUDED HEREIN, AND ANY SERVICE AND CONTENT PROVIDED TO YOU THROUGH SUCH APPLICATION, ARE BEING PROVIDED TO YOU BY MYDIGITALTENNISCOACH AND NOT BY APPLE INC. ("APPLE").

YOU FURTHER ACKNOWLEDGE AND AGREE THAT YOUR DOWNLOAD, INSTALLATION AND USE OF ANY SUCH APPLICATION, SERVICE AND CONTENT ARE GOVERNED BY MYDIGITALTENNISCOACH'S TERMS OF USE, LICENSE AGREEMENT, PRIVACY POLICY, OR OTHER SUCH AGREEMENTS AND THAT ANY INFORMATION AND PERSONAL DATA YOU PROVIDE TO MYDIGITALTENNISCOACH WILL BE SUBJECT TO MYDIGITALTENNISCOACH'S PRIVACY POLICY.

TO THE EXTENT PERMITTED UNDER APPLICABLE LAWS, APPLE IS NOT RESPONSIBLE FOR ANY PRIVACY OR ANY OTHER PRACTICES OF MYDIGITALTENNISCOACH AND EXPRESSLY DISCLAIMS ANY LIABILITY IN CONNECTION WITH ANY SUCH APPLICATIONS, SERVICES, CONTENTS OR YOUR USE THEREOF.

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Payments

Payments take place in the form of subscriptions and are through your Apple Account. You can upgrade or cancel a subscription via the Settings tab or via your iPhone under Settings/MySubscriptions

Fees

In order to access certain functionality of the Services, you may be required to pay subscription fees. Subscription fees are payable in advance. Changes in rates will take effect at the beginning of the next billing date. You agree to pay the subscription fees, and other charges you incur in connection with your account. MyDigitalTennisCoach reserves the right to increase subscription fees, any associated taxes, or to institute new fees at any time upon reasonable advance notice.

Auto-Renewal

Subscription fees will be billed automatically at the start of the monthly or annual period, as applicable. These fees will auto-renew until your subscription is downgraded or terminated. Your subscription fee will be the same as your initial charges unless you are otherwise notified in advance. You may cancel your subscription at any time, as described below.

Free Trials

Your subscription may start with a free trial. Once you have exceeded this trial, you must subscribe in order to continue using the service.

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