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Terms of Use Wingfield App

Our goal at Wingfield is to offer players, coaches and clubs in tennis and other racket sports a digital user experience for all aspects of the sport. When you use our app, a user agreement is concluded between you and us. These Terms of Use govern the rights and obligations of this contractual relationship.

1. Definition of terms

1.1. Section

An outline section in these Terms of Use at the first outline level, e.g. "1.".

1.2. Basic account

Wingfield account in the free basic version.

1.3. Basic functions

App functions that can be used with a basic account.

1.4. DTB

The German Tennis Federation e.V.

1.5. LK matches

Tennis matches played with the Wingfield Tracking System using the LK Match function, whereby the match is scored for the DTB performance class.

1.6. Pro account

Wingfield account in the paid Pro version with extended range of functions.

1.7. Pro functions

App functions that can only be used with a Pro account.

1.8. Social sign-in

Login option using the login data of an existing social network account

1.9. Coach account

Wingfield account specifically for coaches who want to connect with their players via the Wingfield app.

1.10. Validated matches

Matches that are played with the Wingfield Tracking System using the corresponding function, whereby the match is scored for an official performance class, league, or ranking list, e.g. LK matches.

1.11. Wingfield account

The user account that is required to use the Wingfield app

1.12. Wingfield App

The Wingfield mobile application, which is the subject of these Terms of Use.

1.13. Wingfield Box

The smart net post from Wingfield, equipped with cameras and a display.

1.14. Wingfield Tracking System

The Wingfield Tracking System, consisting of the Wingfield App and, if applicable, the Wingfield Box and, if necessary, additional cameras

2. Scope of application, amendments

2.1.

These Terms of Use govern the contractual relationship between us, Wingfield GmbH, Carl-Miller-Str. 6, 39112 Magdeburg (hereinafter referred to as "Wingfield"), and the users of the Wingfield App (hereinafter referred to as "Users"). They apply in the version valid at the time the contract is concluded.

2.2.

Wingfield reserves the right to amend these Terms of Use, including for ongoing contractual relationships, if this becomes necessary due to changes in the legal situation, supreme court rulings or market conditions. In this case, the user will be informed of the planned changes by e-mail. The terms and conditions of use are attached to the e-mail, highlighting the planned changes. The user has the option of objecting to the planned changes within 14 days of receiving the e-mail. If the user does not make use of the option to object within this period, the changes shall be deemed to have been tacitly accepted. The user will be expressly informed of this legal consequence in the corresponding e-mail. If the user objects to the changes, Wingfield is entitled to terminate the contract prematurely for cause.

3. Subject matter of the contract

3.1.

Wingfield provides the user with the mobile application "Wingfield" (hereinafter "Wingfield App" or "App") for use. The Wingfield App can be used in conjunction with the Wingfield Tracking System by logging in to smart net posts ("Wingfield Box") or by using the smartphone alone. This allows users to have training and matches tracked digitally and automatically.

3.2.

The use of the Wingfield App in its basic functions ("Basic Functions") is free of charge. Therefore, there is no legal entitlement to use the Wingfield App for persons who are not holders of a Pro Account. Wingfield reserves the right to refuse the registration of individual users or the use of the app by individual users without giving reasons. Likewise, there is no claim to the app and its content being up-to-date, error-free, correct, complete, or available.

3.3.

Wingfield is entitled, at its own discretion, to expand, change, or discontinue the operation of the App at any time and without notice. This does not affect Wingfield's claim to remuneration from holders of a Pro account as long as the app's core functionalities in the basic and Pro versions are retained.

3.4.

Wingfield does not guarantee that the App will be available at all times. In particular, temporary outages may occur due to technical faults or planned maintenance work. Wingfield usually announces planned maintenance work to the user in advance.

3.5.

In addition, Wingfield does not guarantee the continuous or complete correctness of the automatically generated match and training data and statistics. Deviations and errors are possible due to the computer-aided creation. In case of doubt, the user must check the data.

3.6.

The current range of functions of the Wingfield app can be found on the online help page at https://help.wingfield.io/en and the change log at https://www.wingfield.io/en/changelog.

4. Application, registration

4.1.

To use the Wingfield app, the user must create a Wingfield account in the Wingfield app. Registration is free of charge. Each user may only create and maintain one Wingfield account.

4.2.

The creation of a Wingfield account requires that the user provides the following information completely and truthfully:

1.

First name

2.

Last name

3.

E-mail address

4.

Date of birth

5.

Playing hand (right or left) and backhand (one-handed or two-handed)

The user is obliged to state his/her full civil name ("clear name obligation").

4.3.

The user can provide the aforementioned information in two ways: Either by submitting the information using the "Create account" function via the registration form or by transferring the information stored by the user in existing Google, Facebook, or Apple accounts ("social sign-in").

4.4.

As part of the registration form, the user is asked to set a password for logging into the app. The user must keep his/her access data, including the password, secret and ensure that it is not accessible to unauthorized third parties. This includes, in particular, the selection of a secure password (at least eight characters consisting of upper case letters, lower case letters, numbers, and special characters). It is the user's responsibility to ensure that the app is used exclusively by him/her via his/her user account. If the user has a reasonable suspicion of unauthorized use of his Wingfield account, he is obliged to report this immediately by e-mail to fraud@my-wingfield.com.

4.5.

After successful registration, the user can log in to the Wingfield App by either entering his e-mail address and the chosen password or by using a social sign-in.

4.6.

The user can delete their account at any time using the corresponding function within the app. The user can obtain further information at https://help.wingfield.io/account-deletion.

5. Conditions of use

5.1.

The use of the Wingfield app requires an internet connection.

5.2.

Individual functions may be linked to certain technical requirements of the end device used by the user ("minimum system requirements"). The user can obtain further information on this within the app and at https://help.wingfield.io/en.

6. Pro accounts, subscriptions

6.1.

Users have the option of converting their free Basic Account into a Pro Account against payment of a fee to gain access to additional app functions ("Pro Functions"). The fee must be paid in advance; the Pro account and its extended functions will only be activated after payment.

6.2.

The current scope of the Pro functions can be viewed at https://help.wingfield.io/wingfield-pro.

6.3.

To use the Pro Account, you must subscribe to a subscription. The terms and prices can be found in the app's current information or in the app stores.

6.4.

Premature termination of the subscription is excluded. This does not affect the right to extraordinary termination for good cause. Terminations must be made in writing to be effective. If the contract is effectively terminated for cause, the user shall receive a pro-rata refund (pro rata temporis) of the remuneration paid for the remaining term of his subscription.

6.5.

At the end of a subscription period, the subscription is automatically extended by the initially selected subscription period, and the current subscription price is charged to the initially selected payment method. The user has the option of deactivating the automatic renewal in the settings of their mobile operating system (iOS or Android) or within the app. In this case, the user's account will automatically be converted back to a basic account at the end of the subscription period. Wingfield is also entitled to deactivate the automatic renewal for one or all users at any time.

6.6.

The other provisions of these Terms of Use also apply to Pro members, unless this section or the relevant provision expressly stipulates otherwise.

6.7.

If users have any concerns or questions about their Pro account, they can contact pro@my-wingfield.com by email.

7. Chargeable functions

7.1.

Wingfield may provide the user with additional paid functions via the app in addition to the Pro account.

7.2.

The charge for these functions is a one-time fee ("pay per use").

8. Coach account

8.1.

Users can convert their basic account into a trainer account. Coach account holders have access to additional special coaching functions.

8.2.

To convert to a coach account, the user must complete a coach onboarding. To do this, the user must first book an onboarding appointment at https://help.wingfield.io/coach-account.

8.3.

After coach onboarding, Wingfield may decide at its own discretion whether to convert the user's account into a coach account. In addition, Wingfield may convert coach accounts into basic accounts at any time.

9. Match recordings, Wingfield Box

9.1.

The user can start match recordings in the Wingfield app in connection with the Wingfield Box or with his smartphone as a camera, provided the smartphone meets the minimum system requirements.

9.2.

Courts equipped with the Wingfield Box are often privately owned. The user is solely responsible for ensuring that they are authorized to use the court in question.

9.3.

Wingfield boxes and the courts on which the Box is located are not operated by Wingfield. Wingfield merely provides the app to the user for use. The user, therefore, has no claim to the use of a (specific) court. Wingfield also offers no guarantee that the courts equipped with Wingfield Box are functional or ready to play.

9.4.

Site owners have the option to permanently exclude individual users from using a Wingfield Box or to permanently allow its use. This is the sole responsibility of the Wingfield box's owner or tenant, and Wingfield has no influence on this.

10. Validated matches, LK matches

10.1.

Validated Matches are subject to a fee, regardless of whether the User has a Basic Account or a Pro Account. Wingfield may make participation in Validated Matches dependent on further requirements. As official matches, Validated Matches are generally subject to certain regulations or limitations of sports federations; Wingfield has no influence on this.

10.2.

The following requirements must be met for the user to be able to play an LK match via the Wingfield app:

1.

The user must have a valid DTB player ID.

2.

The user must have already reached the age of 13 or will reach this age in the current year.

3.

The user must have connected or linked his Wingfield account to his DTB profile. Instructions on how to do this can be found at https://help.wingfield.io/lk-matches-freischaltung.

10.3.

LK matches are subject to regulations and limits primarily set by the DTB. These may also change over time. Wingfield has no influence on the content or changes. The user can find out the current regulations and limitations of the DTB and obtain additional information at https://help.wingfield.io/lk-matches-regelungen.

10.4.

The scoring of LK matches is also subject to the regulations of the DTB. Wingfield has no influence on this either. Wingfield and the DTB have taken appropriate technical and organizational measures to ensure that the scoring of LK matches is generally error-free. However, as the check is partially automated, isolated errors cannot be completely ruled out. If the user feels disadvantaged by a rating or considers it incorrect, he/she has the opportunity to file an objection against the rating with Wingfield within 24 hours of the end of the match. After the deadline has expired, an objection is no longer possible. The objection must be sent by e-mail to lkmatches@my-wingfield.com.

10.5.

The user undertakes to read the information provided at https://help.wingfield.io/en/dtb-lk-matches carefully and to take note of it.

11. User profile, follow function

11.1.

Each user has a user profile that can be viewed by other users.

11.2.

Users can connect with each other via the "Follow" function. This requires the user in question to confirm the other user's request.

11.3.

The information that can be viewed by other users differs depending on whether the other user in question follows the user. Only basic information is visible to users who are not followed. Further information can be viewed by the user at https://help.wingfield.io/en/insights-follower.

12. Updates

12.1.

Wingfield can provide updates for the app via the app stores.

12.2.

The user shall have no claim to updates beyond the scope of obligations under Sections 475b and 475c BGB.

13. Support

13.1.

If you have any questions about using the app, you can find out more on the help page at https://help.wingfield.io/en.

13.2.

In addition, the User may send support requests by e-mail to app@my-wingfield.com. Wingfield endeavors to answer all support requests within a reasonable time. However, the user has no legal claim to certain support services that go beyond Wingfield's legal obligations or to certain response times on Wingfield's part.

14. General user obligations

14.1.

The user is obliged to keep the information and data concerning him/her provided when creating the account or within the app up to date. In the event of a change in his data, he shall immediately make the corresponding changes in his Wingfield account.

14.2.

The user undertakes not to misuse the app and refrain from activities related to it that violate applicable law, infringe the rights of third parties, or violate the principles of the protection of minors.

14.3.

The user is not entitled to use programs, algorithms or other software in connection with the use of the app that may interfere with the functioning of the app. In particular, the user may not take any measures that could result in an unreasonable or excessive load on the infrastructure of the app or interfere with it.

14.4.

The user undertakes to act considerately and politely when interacting with other users. The user is obliged to refrain from actions in the context of using the app that may harass other users or violate their rights.

15. Intellectual property in-app content

15.1.

The App and its contents are the intellectual property of Wingfield. In particular, all logos, layouts, graphics, texts, images, and videos are protected by copyright and trademark law.

15.2.

Wingfield grants the user a simple, non-transferable right to use the app and its content, which is limited in terms of time to the duration of the user relationship. In terms of content, the right of use is limited to the purposes of the user relationship.

15.3.

In particular, the user is prohibited from reproducing, modifying or decompiling the app or making it accessible to unauthorized third parties.

16. Payment

16.1.

The user can pay the subscription fee within the app using the payment methods offered by the app stores.

16.2.

To pay for additional functions subject to a fee ("pay per use"), the user must first enter a payment method in the app. The available payment methods are displayed to the user within the app.

16.3.

The user is not entitled to make payment using a payment method not offered.

16.4.

All fees are due for payment immediately.

16.5.

If Wingfield incurs costs due to insufficient funds in the payment method the user selects (e.g. chargeback fees), Wingfield may demand reimbursement of these costs from the user.

17. User content

17.1.

Content (e.g., text, images, videos, etc.) that the user uploads, posts, generates, transmits, stores, or publishes in the Wingfield App ("User Content") may not violate applicable law, the rights of third parties, or common decency.

17.2.

Wingfield is entitled at any time and at its own discretion to block user content in the app without prior notice so that it is no longer visible within the app. Wingfield may delete User Content that violates the requirement in Section without prior notice. Wingfield will inform the user of any blocking or deletion.

17.3.

The user alone is responsible for his user content. In particular, Wingfield is not responsible for the content of other users. If the user believes that the content of other users constitutes a violation of the provisions of these Terms of Use, he can report the violation by e-mail to fraud@my-wingfield.com.

18. Rights of use to user content

18.1.

If the user uploads, posts, generates, transmits, stores, or publishes user content in the Wingfield app, he grants Wingfield the rights of use to this content necessary for the fulfillment of the contractual purposes. The granting of rights is free of charge.

18.2.

Wingfield receives a simple right of use, unlimited in time and space. In addition, Wingfield is entitled to grant sublicenses to affiliated companies and partner companies insofar as this is necessary for the purposes of the contract.

18.3.

In terms of content, the right of use is limited to contractual purposes, in particular, the provision of the Wingfield App, including all current functions. If the functions change, the scope of the right of use may also change. In particular, Wingfield is entitled to reproduce the user's content for display in the app and to make it publicly accessible within the app.

18.4.

The user is assured to be authorized to grant the rights of use to this extent. He shall indemnify Wingfield against all claims asserted by third parties against Wingfield in connection with the User Content of the User. The indemnification claim also includes the necessary costs of legal defense. 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 that is necessary to examine the claim and to defend against it. Further claims for damages by Wingfield remain unaffected.

19. Right to one’s own image, naming rights

19.1.

To the extent required for app functions, the user grants Wingfield the right to

1.

to present the image of his/her person in the form of photographs and/or videos, including to other users within the app and

2.

to display the user's name to other users within the app.

19.2.

The granting of rights is free of charge.

19.3.

Use any image or video data to train AI models and further develop tracking features, improving the quality and quantity of the app's features.

20. Account blocking

20.1.

Wingfield is entitled to block the Wingfield account of users without prior notice and with immediate effect,

1.

at the discretion of the holder of a basic account,

2.

for holders of a Pro account in the event of good cause, in particular in the event of breaches of these Terms of Use or if unauthorized access to the account is reported.

20.2.

Wingfield may, at its own discretion, unblock or permanently block the respective account. In the event of permanent blocking, the user is not permitted to create a new Wingfield account.

20.3.

If a permanent blocking occurs, the user will be reimbursed the usage fee for the remaining subscription term if he/she maintains a Pro Account. The number of days of the booked subscription remaining after the blocking is decisive for the calculation of the refund (pro rata temporis).

21. Links

21.1.

The app contains links to online offers and third-party websites. This is merely a service for the user.

21.2.

Despite careful content control, Wingfield assumes no liability for the content of external links. The operators of the linked pages are solely responsible for their content.

22. Special exclusion of liability

22.1.

The user carries out all sporting activities in connection with the app on his own responsibility and at his own risk.

22.2.

Suggestions or instructions within the app with regard to sports activities are non-binding. They never constitute medical or therapeutic advice and cannot replace such advice.

22.3.

The User is solely responsible for ensuring that he/she is physically and medically able to perform sports activities in connection with the App.

22.4.

Wingfield is, therefore, not liable for damages and/or disadvantages incurred by the user due to sports activities in connection with the Wingfield App or the Wingfield Box.

23. General limitation of liability

23.1.

Wingfield shall be liable without limitation for intent and gross negligence.

23.2.

Wingfield shall only be liable for simple negligence

23.2.1

for damages arising from injury to life, limb, health, or a material contractual obligation (obligation whose fulfillment is essential for the proper execution of the contract and on whose compliance the contractual partner regularly relies and may rely),

23.2.2

in accordance with the German Product Liability Act (ProdHaftG),

23.2.3

in accordance with the General Data Protection Regulation (GDPR) and

23.2.4

in accordance with other statutory provisions, if and to the extent that these prescribe mandatory liability or do not permit a limitation and/or exclusion of liability.

23.3.

In the event of a simple negligent breach of essential contractual obligations, Wingfield's liability shall be limited to the amount of the foreseeable, typically occurring damage.

23.4.

Wingfield's liability is otherwise excluded.

23.5.

The above limitations of liability shall also apply in favor of Wingfield's legal representatives and vicarious agents.

24. Data protection, e-mails

24.1.

Wingfield processes the user's personal data in accordance with the statutory provisions on data protection. The privacy policy for the Wingfield app is available at https://wingfield.io/en/privacy-policy.

24.2.

If and insofar as the user processes the personal data of third parties on his own responsibility with the help of the Wingfield app (e.g. through video recordings), he is solely responsible for compliance with data protection regulations.

25. E-mails

25.1.

The user expressly agrees to communicate between him and Wingfield via conventional unencrypted e-mails. The user is aware that conventional e-mails only offer limited security and confidentiality.

25.2.

The user is obliged to check his e-mail inbox regularly for incoming e-mails and to ensure that he can be reached at the e-mail address he has provided. In particular, he must select spam settings in such a way that he receives all e-mails from Wingfield and can take note of them. In addition, he must ensure that his e-mail inbox has sufficient free space so that e-mails can be received.

26. Final provisions

26.1.

The contractual relationship shall be governed exclusively by the law of the Federal Republic of Germany to the exclusion of the UN Convention on Contracts for the International Sale of Goods.

26.2.

Should individual provisions of these Terms of Use, including this provision, be or become invalid in whole or in part, the validity of the remaining provisions shall remain unaffected. The respective statutory provisions shall replace the invalid or missing provisions.

Revocation instruction

Consumers can revoke contracts concluded with us via the Internet within 14 days without giving reasons.

A consumer is any natural person who enters into a legal transaction for purposes predominantly outside their trade, business, or profession.

The withdrawal period is fourteen days from the date of the conclusion of the contract.

Exercise of the right of withdrawal

To exercise your right of withdrawal, you must send us of

Wingfield GmbH

Carl-Miller-Str. 6

D-39112 Magdeburg

info@my-wingfield.com

+49 511-515259-01

of your decision to withdraw from this contract by an unequivocal statement (e.g. a letter sent by post or e-mail). You can use the attached sample withdrawal form, but this is not mandatory. To meet the withdrawal deadline, it is sufficient for you to send your notification of exercising your right of withdrawal before the withdrawal period has expired.

Consequences of revocation

If you withdraw from this contract, we shall reimburse you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from this contract. For this repayment, we will use the same means of payment that you used for the original transaction unless expressly agreed otherwise with you; under no circumstances will you be charged any fees for this repayment.

If you have requested that the service should commence during the withdrawal period, you must pay us a reasonable amount corresponding to the proportion of the services already provided by the time you inform us of the exercise of the right of withdrawal with regard to this contract compared to the total scope of the services provided for in the contract.

Sample withdrawal form

(If you wish to withdraw from the contract, please complete this form and return it to us).

To [here the name, address, and, if applicable, the fax number and e-mail address of the entrepreneur must be inserted by the entrepreneur]:

I/we (*) hereby revoke the contract concluded by me/us (*) for the purchase of the following goods (*)/the provision of the following service (*)

Ordered on (*)/received on (*)

Name of the consumer(s)

Address of the consumer(s)

Signature of the consumer(s) (only for notification on paper)

Date ___________

(*) Delete as appropriate.

Last updated:

22.08.2024

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