General Terms and Conditions For Using TTFit App Ltd Services TTFit App Ltd Services and Prices.
The scope of the services included in TTFit App is available for use by you depending on the type of TTFit App Service you choose to use. Currently, TTFit App operates on a completely FREE platform. However this may change if it does change, some EXL Tennis Services will be free of charge or for a specified fee. If you use the TTFit App basic free of charge you only have access to certain basic functions and information of the respective TTFit App Service (Currently all functions are free). A more extensive range of functions may become available to you by going “TTFit App Pro” as part of a subscription for the respective TTFit App Service.
Any unused portion of a free trial period, if offered, will be forfeited when the user purchases a subscription to that TTFit App Service, where applicable.
Please note that in order to use some of the TTFit App Services to the full extent, certain equipment and training tools (such as a gym machine, Table Tennis Table) may be required. These are not part of the TTFit App Services and need to be provided or purchased by you separately at your own costs.
Use of the TTFit App Services is at your own risk.
In any case, a condition for the use of the TTFit App Services is that you must be in a good general state of health. If you have knowledge of any pre-existing medical conditions we advise you to seek medical advice from a doctor urgently before you start the EXL Tennis Services (such as training or coaching).
This applies in particular if you have knowledge of one or more of the following medical complaints/conditions/procedures:
(i) cardiovascular disease
(ii) lung or respiratory disease (including asthma)
(iii), spinal and/or joint problems
(iv) neuromuscular disease
(v) surgical procedures
(vi) any other health issues.
Accounts are not available to minors or any person who cannot legally agree to the terms of this Agreement. By accepting these terms, you confirm that you are capable of entering into a binding agreement. You must accurately complete any subscriber information requested by TTFit App.
The TTFit App Service is intended to appeal to a broad audience, and therefore it is the responsibility of the parent or guardian to determine whether any use of the TTFit App Services are appropriate for your child.
To open an account for the usage of the TTFit App Service, the User must provide true and accurate information as labelled by the Registration Form and shall regularly update such information to keep it true and accurate.
The User shall provide a valid email address belonging to them and choose a password, and keep these details up to date so that both TTFit App and your team can communicate with you effectively.
We reserve the right to remove or change a member profile at any time if we deem it to be in breach of terms and conditions or of an inappropriate nature.
Conclusion of a Contract
How the respective contract is formed depends on the method by which you register for TTFit App Services for the first time and whether you sign up for additional fee-based services, such as purchasing a Subscription.
When registering via mobile apps, the formation of the user contract depends on the rules of the app store supplier (for example, Apple). The contract is generally formed when you click on the “Install” field in the relevant app store and, where necessary, enter your password in question.
You can purchase individual additional services either by paying a one-off fee or as part of a subscription. If you purchase the additional service via your mobile app, the contract is formed when you click on the field “Purchase Or Sign-up For TTFit App Pro”, or a similar field, as part of a TTFit App Subscription and, where necessary, enter your password for the TTFit App account in question.
If you would like to purchase a one-off additional service or a subscription via our mobile app please note we do not keep any Debit or Credit Card details on file.
Term of Validity
The user contract concluded between you and us once you register your account is valid for an indefinite period.
One-off additional services may be offered for a fixed term. They will then end automatically at the end of the term without needing to be cancelled.
Our subscriptions are offered with varying minimum terms of validity and are automatically renewed for the same minimum term that has been selected until you or we cancel them.
In order to avoid any misunderstanding, please note that the term of a subscription is determined by calendar year and is independent of your use or the extent of your use of the respective TTFit App Service. Currently, our Unlock all Sessions & Exercises in-app purchase runs for 12 months and will be auto renewed unless auto-renew is turned off at least 24 hours before the end of the current subscription period. This can be accessed via the Apple App Store (under Manage Subscriptions).
Terms and Conditions of Payment
Fees to unlock TTFit App Pro features are Subscription based and automatically renew unless auto-renew is turned off at least 24 hours before the end of the current period. Payment will be charged to you by your desired payment method.
Stripe, Paypal, Credit & Debit
Right to Cancel
If you have entered into a contract for use of TTFit App or purchased a one-off additional service or a subscription, in each case, you are entitled to the following right of withdrawal.
You have the right to cancel the contract within 14 days without stating any reason. The cancellation period runs for 14 days from the conclusion of the contract. You must notify TTFit App on firstname.lastname@example.org should you wish to cancel during this period.
Liability for Defects
Statutory provisions apply to claims due to defective services. Your consumer rights remain unaffected in any case.
We do not make any representations or guarantees that the use of the TTFit App Services will bring the training or other result intended by you. We do not promise a concrete success. Also, the actual training result will depend on factors which cannot be influenced, such as, for example, physical disposition and preconditions. Consequently, results may vary strongly between individuals despite the same use of the EXL Tennis Services.
Save as precluded by law, we will not be liable to you for any indirect or consequential loss, damage or expenses (including loss of profits, business or goodwill) howsoever arising out of any problem you notify to us under this condition and we shall have no liability to pay any money to you by way of compensation.
Notwithstanding the foregoing, nothing in these terms and conditions is intended to limit any rights you might have as a consumer under applicable local law or other statutory rights that may not be excluded nor in any way to exclude or limit our liability to you for any death or personal injury resulting from our negligence.
Rights of Use over TTFit App Content
Depending on which TTFit App Services have been enabled for you, or which services you have purchased, the services we offer contain content which is protected by copyright or otherwise and we hold the respective rights. We grant you a non-exclusive and non-transferable right to use this content in a non-commercial form within the scope of the contractual provisions. Purely for the avoidance of doubt, we draw your attention to the fact that in particular distributing our content or making it publicly available, e.g. on websites other than TTFit App websites, is not permitted.
Ending the Contract
You have the right to cancel your user account at any time, without stating any reasons, thereby also ending your user contract. To do this you simply have to select the necessary settings or email email@example.com
You must abide by the below:
Payment will be charged to paypal/stripe or your credit or debit card upon purchasing TTFit App Pro.
Subscription automatically renews unless auto-renew is turned off at least 24 hours before the end of the current period.
Account will be charged for renewal within 24 hours prior to the end of the current period, and identify the cost of the renewal.
Subscriptions may be managed by the user and auto-renewal and also by contacting us on firstname.lastname@example.org
Every subscription for a TTFit App Service must be cancelled individually. You can cancel the respective subscription without stating any reasons at any time effective at the end of the minimum contractual term or at the end of the respective renewal period.
Your user account and any other subscriptions will continue to exist after you have cancelled your subscription until the end of term.
Rules of Conduct for Interactive Areas:
TTFit App provides interactive areas (“Interactive Areas”) on TTFit App Products. You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages or other materials (“Content”), whether publicly posted or privately transmitted, are the sole responsibility of the person from whom such Content originated. This means that you, not EXL Tennis, are entirely responsible for all Content that you upload, post, email or otherwise transmit using TTFit App .
TTFit App does not control the Content posted using the Products and as such does not guarantee the accuracy, integrity or quality of such Content. You understand that by using the Products, you may be exposed to Content that is offensive, indecent or objectionable.
Under no circumstance will TTFit App be liable in any way for any Content, including, but not limited to, errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content uploaded, posted, emailed or otherwise transmitted or hosted using the Service.
You acknowledge that TTFit App does not pre-screen Content, but we shall have the right (but not the obligation) to refuse or move or delete any Content that is posted on TTFit App, including without limitation any Content that violates the Terms and Conditions of Use or is otherwise objectionable.
You agree that you must evaluate, and bear all rights and obligations associated with the use of any Content, including reliance on the accuracy, completeness or usefulness of such Content.
You also acknowledge and agree that TTFit App may preserve or remove Content and may disclose Content, including information about your account or your use of the TTFit App, to any Third-Party if required to do so by law or in the good faith belief that such preservation, removal or disclosure is necessary to:
(a) comply with legal process
(b) enforce the Terms and Conditions of use;
(c) respond to claims that any Content violated the rights of Third-Parties; or
(d) protect the rights, property, or personal safety of TTFit App its employees or agents, or the public.
ANY RELIANCE ON CONTENT POSTED IN AN INTERACTIVE AREA IS AT YOUR OWN RISK.
You agree that it shall be a material breach of these Terms and Conditions if you are engaged in any of the following activities:
(a) uploading, posting, emailing or otherwise transmitting any Content that is, in TTFit App sole discretion, unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libellous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable;
(b) harming minors in any way;
(c) impersonating any person or entity, including, but not limited to, an TTFit App employee, or falsely stating or otherwise misrepresenting your affiliation with a person or entity;
(d) forging headers or otherwise manipulating identifiers in order to disguise the origin of any Content transmitted through the Service;
(e) adopting of names and addresses for the purpose of cyber squatting;
(f) uploading, posting, emailing or otherwise transmitting any Content that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
(g) uploading, posting, emailing or otherwise transmitting any Content that infringes any patent, trademark, trade secret, copyright, publicity or other proprietary right (“Rights”) of any party;
(h) uploading, posting, emailing or otherwise transmitting any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of such solicitation;
(i) uploading, posting, emailing or otherwise transmitting any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
(j) interfering with or disrupting the Site or servers or networks connected to the Site, or disobeying any requirements, procedures, policies or regulations of networks connected to the Site;
(k) intentionally or unintentionally violating any applicable local, provincial, state, national or international law;
(l) “stalking” or otherwise harassing another;
(m) harvesting or otherwise collecting information about others, including email addresses, without their consent; or
engage in any other conduct that restricts or inhibits any other person from using or enjoying the Interactive Areas, or which, in the judgment of TTFit App, exposes TTFit App or any of its customers or suppliers to any liability of any type.
We reserve the right to change or modify these General Terms and Conditions from time to time. We will advise you of any changes or updates by email and Push Notification.
Events beyond our control
We shall have no liability to you for any breach of these General Terms and Conditions caused by any event or circumstance beyond our reasonable control including, but not limited to, strikes, lock-outs or other industrial disputes; a breakdown of systems or network access; or flood, fire, explosion or accident.
The contract between us shall be governed by and interpreted in accordance with Northern Irish law and the Northern Irish courts shall have jurisdiction to resolve any disputes between us.