1.1. About us
We, Wingfield GmbH, Oeltzenstraße 13, 30169 Hannover, Germany, operate tennis video analytics systems and mobile apps with the aim of providing match and training data for people who want to improve their training and competition experience through digitally driven user experiences.
To use the full range of Wingfield products, a one-time registration is required (see section 4).
Your health is very important to us. ALWAYS consult your doctor about your sporting behaviour. Wingfield does not replace your doctor, nor is Wingfield responsible for your behaviour. The content of all Wingfield products, whether provided by Wingfield, its partners or users, is not intended to supplement, let alone replace, information provided by doctors or pharmacies. By accepting these T&Cs, you acknowledge that you are solely responsible for your health.
2. Validity of the T&C
Wingfield offers the Wingfield App on the basis of these T&Cs. The User agrees to be bound by these T&Cs and the agreements incorporated by reference herein by either (i) using the Wingfield App if it is available without registration or (ii) registering if it requires an account. These T&Cs shall apply until revoked as amended from time to time from 21 April 2021.
Neither registration nor use of the full range of the Wingfield App is possible without agreement to these T&Cs.
3. Subject of the contract
At present, Wingfield offers its users essentially the following functions:
Applications for Apple iPhones, Android phones and other smartphones and other devices on a global scale such as tablets.
The mobile applications are only available for users of smartphones and other devices. Only the basic functionality of the mobile applications is available free of charge.
Additional conditions apply on the part of the mobile phone providers.
4.1. Free membership
The Wingfield app requires a one-time, free registration. By registering, you confirm that you meet the legal age requirements in your country. The "Free Membership" (basic) provides users with only basic options and functions in the Apps ("Free Features"). Wingfield offers users two registration options:
Through the Wingfield Apps: For the purpose of registration, the user must provide the data requested in the registration form, e.g., first name, last name, playing hand, completely and correctly, unless this information is marked as voluntary. Registration is only possible using the user's civil name. The use of fantasy names or pseudonyms is accordingly not possible; or
By Wingfield taking over the registration data provided by the user on the social networks Facebook or Google: When registering via Facebook Connect, Apple Sign-In or via Google Sign-In, the user must confirm that the selected data previously provided by the user on Facebook, Apple or Google can be used by Wingfield.
A Wingfield Pro Service for "Pro Members" ("Pro Membership"), with all options and features, is also available upon payment of a certain price. This Pro Membership unlocks additional options and functions ("Pro Features") that are not available to Free Members.
The special conditions for Pro Members as set out in section 6 apply to Pro Membership. Unless otherwise stated in the T&Cs or in section 6, all other provisions of these T&Cs also apply to Pro Members.
By registering as a Pro Member, you confirm that you meet the age requirements set out in applicable law and are therefore legally competent. Should the aforementioned representation not apply, Wingfield shall not be bound by these terms and conditions within the meaning of section 4.2.
Only persons who are legally able to enter into contracts in their own name may register with Wingfield.
4.4. Consequences of registration
By registering, the user confirms his knowledge and full acceptance of the contents of these T&Cs as well as that all registration data are true, correct, current and complete and that the user will keep all registration information up to date.
Each user may only register once with Wingfield and confirms with his registration that he has not previously registered an account with Wingfield and has not deleted a previously activated user account.
After successful registration, the user (then the "Registered User") can log in to the Wingfield App by either (i) entering their email address and chosen password or (ii) logging in via Facebook Connect, Apple Sign-in or Google Sign-in.
4.5. Wingfield rights
Wingfield reserves the right to reject users without giving reasons. In this case, the transmitted data will be deleted immediately.
If you provide any information that is untrue, inaccurate, not current or incomplete, or Wingfield has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Wingfield has the right to suspend or terminate your account and refuse any and all current or future use of the Pro Services (or any portion thereof), effective immediately and without notice, and the registered user will not be entitled to a refund of any amounts previously paid.
In any event, Wingfield reserves the right to contact you at any time to verify your registration information.
4.6. Identity of the user
Wingfield is not responsible for the actual identity of the user, as personal identification over the Internet is limited. Each user must satisfy himself/herself as to the identity of other users before entering into any form of interaction with such users, e.g. by adding them as a friend or by writing messages.
5. General terms and conditions for users
5.1. Protection against fraud
You must protect your account from unauthorised and fraudulent use. Please notify us immediately by email to email@example.com of any unauthorised or fraudulent use of your account or if you suspect that your account may have been compromised.
Wingfield will not refund any amounts you have paid to Wingfield until you report unauthorised or fraudulent use of your account.
Wingfield has the right to close or terminate a registered user's account if the account is used in an unauthorised or fraudulent manner.
5.2. Promotions and free offers
Wingfield may run promotions and free offers, which may be subject to additional conditions or restrictions. These promotions and offers are not transferable between users.
5.3. Changes to the App
Wingfield reserves the right to change options or features - including Pro features - in the Apps. In most cases, Wingfield makes changes to the Apps to enhance or improve them. Unless the changes have a material adverse effect on your use of the App, Wingfield will not refund any amounts already paid, except as otherwise provided in Section 9.
6. Special conditions for app users with a Pro Account
6.1. Subscription Requirement
In order to use the Wingfield Pro Service for Pro Members, you must (i) be a registered user and (ii) pay the set price, including VAT, if any, and any other fees or amounts associated with the Pro Service, by credit card, through AppStores or any other form of payment accepted by Wingfield (the "Subscription").
6.2. Subscription types and prices
Wingfield offers different subscription periods so that you can choose the one that best suits your needs. The different subscription types and the corresponding prices can be viewed in the App Stores. All prices are subject to change at any time at Wingfield's discretion. All price changes will be announced in the App Stores.
Payment is made in advance for each subscription period. In other words, you can choose the subscription period that best suits your needs for accessing the Pro services. Once you have registered and paid for the subscription, the selected validity period will be linked to your account.
Payments for the entire term of your Pro membership are due immediately after invoicing. Payment can be made via various online payment systems. If Wingfield is unable to collect fees from an account designated by the user due to lack of funds, the user will be responsible for all resulting costs, including bank charges for any direct debits or similar fees. Wingfield may send invoices and payment reminders to the user by email.
6.4. Automatic renewal
When your subscription period expires, your credit card will automatically be charged the standard subscription price that was in effect at the time of subscription: special offer prices do not apply in this case and your subscription will renew for the same period unless you cancel your subscription before your current subscription expires. The standard subscription price can be found in the App Stores.
You may cancel your subscription to the Wingfield Pro Service for Pro Members at any time by initiating cancellation via the App Store or Play Store. Except as otherwise provided in Section 8, Wingfield will not refund any amounts previously paid.
Subject to clause 6.4, in the absence of termination of the subscription by the User, each subscription will only terminate upon expiry of the agreed period and irrespective of the User's actual use of the Wingfield Pro Service for Pro Members during that period. Any User may verify the length of the current subscription period by viewing the User's account information.
Please contact us at firstname.lastname@example.org with any questions or to report any violations of the Contribution Terms in this Section 6.
6.8. Application of other rules
Unless otherwise provided in this Clause 6, all other provisions of these General Terms and Conditions shall also apply to Pro Members.
7. Termination of the business relationship
7.1. Discontinuation of Apps
Wingfield reserves the right to discontinue one or more Apps. All users will be notified of the discontinuation of the app. Following this notification, Pro Members will still be able to use the App for the duration of their current subscription period. Please note that during this period, the following two restrictions will apply: 1. It may not be possible to download the app to another device. 2. Wingfield will not update the app during this period. This means that if your device's operating system is updated or other relevant third party technical services change during this period, it may no longer be possible to use the App. Wingfield accepts no liability for this. If you purchased your Pro Membership through an App that is discontinued, your subscription will not be automatically renewed and will expire at the end of your current subscription. If you have purchased your Pro Membership through another App - which will not be discontinued - an automatic renewal will still occur as described in section 6.4. Subject to the two limitations described above, you will only be entitled to a pro-rata refund of the payment for the current subscription of your Pro Membership if Wingfield is unable to provide you with the opportunity to use the App until the end of your current subscription period. In this case, you can contact Wingfield (see section 6.7) to request your refund.
Wingfield may give notice of termination as referred to in clause 7.1 by notifying you either by email or by communication within the Wingfield Products.
8. Cancellation of the contract
Every user has the right to terminate the use of Wingfield products at any time via his account settings. Such termination will be confirmed to the user.
8.2. Wingfield's right of termination
In addition, Wingfield reserves the right to terminate a user's membership for cause, e.g. due to gross violations of the user's obligations under these T&Cs and side agreements.
8.3. Further information
9. Special right of withdrawal for consumers
9.1. Application of consumer laws
If you, as a registered user, use Wingfield products for a purpose that cannot be attributed to your commercial or self-employed professional activity, the following provisions apply to you as a consumer within the meaning of Section 13 of the German Civil Code (BGB).
9.2. Right of withdrawal from the contract
You can revoke your contractual declaration to Wingfield within 14 days without giving reasons in text form, e.g. by letter or e-mail. You can revoke the contract by sending your communication to: Wingfield GmbH Oeltzenstraße 13 30169 Hanover Germany E-Mail: email@example.com
9.3. Consequences of withdrawal
In the event of a withdrawal, the services received by both parties must be returned and any benefits derived must be surrendered. If you are unable to return the received performance to Wingfield in whole or in part or only in a deteriorated condition, you may have to compensate Wingfield for the value of the received performance - based on the duration of the use of the received performance. This may mean that you must nevertheless fulfil the contractual payment obligations for the period until the revocation takes effect. Obligations to refund payments must be fulfilled within 30 days. The period begins for you with the dispatch of your notice of revocation, for us with its receipt. You may exercise your right of cancellation under this clause 9 by using the following cancellation form:
(If you wish to cancel the contract, please complete and return this form). To the Wingfield GmbH Oeltzenstraße 13 30169 Hanover Deutschland
I/We (*) hereby declare that I/We (*) withdraw from my/our (*) purchase contract for the following goods (*)/for the provision of the following service (*),
Ordered on (*)/received on (*),
Name of the consumer(s),
Address of the consumer(s),
E-mail address of the consumer(s) used to register with Wingfield Products,
Signature of the consumer(s) (only if this form is submitted in paper form),
(*) Delete as applicable
10. User obligations and behaviour
10.1. Duties of the users
Every user of Wingfield products commits:
to provide his registration data truthfully, to keep it up-to-date and complete and not to disclose it to third parties;
to store, publish, transmit and distribute such content, e.g. photos, images, texts, representations or videos, only if the user is entitled to distribute such content, i.e. (i) if the user has the exclusive right to use such content or, (ii) in the event that the user is not the owner of such rights with regard to the content provided by him, if the user guarantees to Wingfield that all necessary rights, licences, permissions etc. have been effectively obtained. This also applies to content that is subject to intellectual property rights, such as brand names and trademarks. The user is solely responsible for such content;
not to store, publish, transmit or distribute any content that is racist, offensive, discriminatory, denunciatory, sexual, glorifies violence or otherwise unlawful;
not to record content on a Wingfield device (e.g. Wingfield Court) that is racist, offensive, discriminatory, denunciatory, sexual, glorifies violence or is otherwise illegal;
not to send chain letters or messages to more than one recipient at a time, i.e. the user must not send mass e-mails or spam;
not to make any disruptive interference with the Wingfield network, including Wingfield products, using technical or electronic means, such as hacking attempts, brute force attacks, introduction of viruses/worms/Trojans and other attempts to interfere with Wingfield's software or hardware;
not reproduce, distribute, transmit or collect accessible data by technical means, e.g. by crawlers or bots, without the consent of the respective owner;
to inform immediately by e-mail to firstname.lastname@example.org about any detected violations of the aforementioned obligations;
to maintain personal data carefully and to grant access to one's own data only to those persons who are close to the user; and
regularly store important personal data off-site, e.g. on an external storage device, hard drive or in the cloud. Wingfield is not responsible for lost or compromised data.
11. Violation of user obligations
In order to ensure the proper and reliable provision of Wingfield products, Wingfield imposes the following sanctions in the event of a user's breach of its obligations:
Deletion of content;
Temporary deactivation of the user account; and
Cancellation (irrevocable deactivation).
The nature of the sanction will depend on the purpose, impact and nature of the breach, taking into account the interests of Wingfield and the user.
In the event of the deletion of a user account in accordance with this clause 11, a renewed registration of the respective user is not permitted.
Wingfield permits its registered users to use the offered portfolio of Wingfield products in accordance with statutory law and these T&Cs to upload, store, publish, distribute, transmit and share content with other users.
The user agrees that he/she may be shown certain offers and/or marketing messages tailored to him/her based on the automatic evaluation of the way he/she uses the platform.
Wingfield may store or disclose content to third parties as required by law or permitted by law and as reasonably necessary to
comply with legal regulations, court or official orders;
ensure compliance with these T&Cs;
respond to claims of infringement made by third parties; or
protect the rights, property or personal safety of Wingfield, its users and the general public.
12.4. Use of Content
The user grants Wingfield the irrevocable, royalty-free, non-exclusive and unrestricted right to use all content generated, submitted, stored and published by the user. Accordingly, Wingfield has the right to use all Content, regardless of the type of use, both as part of the Platform and as part of any other activity of Wingfield or any Wingfield affiliate. This includes the right to modify and edit such Content unless such modifications or edits adversely affect any substantial interests of the User. In this regard, the user waives, to the extent permitted by law, all intellectual property rights. However, if Wingfield uses content created by a user outside of the Wingfield Products, Wingfield will, to the extent possible, indicate that such content was created by the user.
Wingfield does not claim ownership of the content created by users and will not monitor it.
Wingfield reserves the right to delete user-created content, such as session videos, photos, events or comments, without giving reasons. In this case, the user will be notified and may be sanctioned in case of a violation of these T&Cs according to section 11.
12.7. Inaccurate content
Wingfield is not responsible for inaccurate content created by users.
14. Representations and warranties
Wingfield does not represent or warrant that
the Wingfield Products are available at all times or that they and the required hardware and software are completely fault-free; and
the transmission of data via other systems, in particular the Internet and telecommunication networks, is not tracked, recorded or falsified by third parties.
14.2. Own risk
The user uses the Wingfield exclusively at his or her own risk. This applies, without limitation, to
the downloading of the user's own and third-party content, and
the related use of any hardware, including, but not limited to, (i) the relevant smartphone,
any use by the user of any data created or provided by Wingfield, including but not limited to (i) videos of session data or (ii) recommended actions, e.g. training plans, etc. The user expressly acknowledges that such data or content may contain errors and Wingfield assumes no responsibility for the accuracy of such data to the extent permitted by law.
14.3. Medical advice
The use of the software or hardware offered by Wingfield does not replace the consultation of a specialised doctor by the user.
14.4. External Content
In addition, Wingfield makes no representations or warranties with respect to any external links, banners or other information and marketing offers made available to the user. Any contractual arrangements entered into between the user and a third party provider, for example via linked websites or banners, will only result in a contractual relationship between the user and the third party provider. Wingfield makes no representations or warranties with respect to any third-party products or services.
15. Limitations of liability
Wingfield shall only be liable according to the statutory provisions, irrespective of the legal grounds (pre-contractual, contractual, tortious), if Wingfield has caused a specific damage intentionally or by gross negligence. In case of slight negligence Wingfield is not liable towards other entrepreneurs and towards consumers only for personal damages. Wingfield is not liable to entrepreneurs for consequential damages, pure financial losses, lost profits or damages from third party claims.
Unless required by law, neither Wingfield nor its affiliates shall be liable for any damages arising from the use of any content made available through the use of Wingfield products. This also applies to damages resulting from errors, problems, viruses or loss of data.
Wingfield accepts no liability for downloaded material or material obtained as a result of using Wingfield. The registered user is solely responsible for any damage caused to his or her computer or smartphone system by such materials or for any information lost as a result of downloading materials from any of the Wingfield products.
The registered user shall be solely liable for claims arising out of litigation of any kind arising out of or related to conflicts with other users. The registered user acknowledges and agrees that Wingfield shall not be liable under any circumstances for the acts and omissions of other users, including damages associated with such acts or omissions.
16. Compensation by users
The user indemnifies Wingfield against all claims of third parties based on an infringement of their rights by the user in connection with the content uploaded by the user or the Wingfield products or based on any other use by the user of the applications provided by Wingfield. The user shall bear the costs of any legal proceedings in which Wingfield may become involved in connection with such claims, including all court costs and attorneys' fees to the extent permitted by law, unless the user caused the infringement through no fault of his own.
In the event of a claim by a third party, the user is obliged to provide Wingfield immediately, truthfully and completely with all information available to him, which is necessary to examine the claim and to defend against it. Further claims for damages that Wingfield may assert against the user remain unaffected.
17. Changes to the T&C
Wingfield behält sich das Recht vor, diese AGB von Zeit zu Zeit aus verschiedenen Gründen zu ändern, insbesondere aus kommerziellen Gründen, zur Einhaltung geltender Gesetze oder Vorschriften oder aus Gründen des Kundenservice. Die jeweils aktuelle Version dieser AGB ist jederzeit auf der Plattform sowie in den Apps einsehbar.
In the event of minor changes to these T&Cs (for example, if there is a change in the law that requires these T&Cs to be amended), we may simply make the new T&Cs available to view in the Apps. Please review these T&Cs regularly to ensure that you understand the current terms. In the event of material changes to these T&Cs that materially adversely affect you, Wingfield will either obtain your express consent to the changes through communication in the Wingfield, or Wingfield will notify you of the changes by email to the address provided at registration at least two weeks before the changes take effect ("Change Notices"). You have a two-week objection period from receipt of the Change Information. The notice of change shall contain (i) the updated T&Cs, (ii) the date of entry into force of the changes, (iii) a two-week objection period, (iv) an instruction on the consequences of failure to object. If you do not object to the changes, the updated T&Cs shall be deemed accepted. In the event that you object to the changes, Wingfield is entitled to terminate the user agreement and delete your user account, taking into account your interests, if the continuation of the contractual relationship is not possible under the current terms or is unreasonable for Wingfield.
17.3. Written form
Subject to Sections 17.1 to 17.2, amendments to these T&Cs must be made in writing. There shall be no verbal collateral agreements.
18.1. Severability clause
In the event that individual provisions of these T&Cs are or become invalid, the remaining conditions shall remain in full force and effect.
18.2. Applicable law and place of jurisdiction
These T&Cs and all contractual relations and legal disputes between users and Wingfield shall be governed by German law, excluding the conflict of law provisions of the United Nations Convention on Contracts for the International Sale of Goods.
The place of performance and exclusive place of jurisdiction is Hanover, Germany.