General terms and conditions (T&C) Wingfield App.

We, Wingfield GmbH, Carl-Miller-Straße 6, 39112 Magdeburg, 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.

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.

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:

Only persons who are legally able to enter into contracts in their own name may register with Wingfield.

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.

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.

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.

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").

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.

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 pro@my-wingfield.com with any questions or to report any violations of the Contribution Terms in this Section 6.

Unless otherwise provided in this Clause 6, all other provisions of these General Terms and Conditions shall also apply to Pro Members.

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.

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.

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.

For more information on deleting your account, please refer to section 7.5 of our Privacy Policy.

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).

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 Carl-Miller-Straße 6, 39112 Magdeburg, Germany E-Mail: cancellation@my-wingfield.com

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 Carl-Miller-Straße 6, 39112 Magdeburg, 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,

Date

Signature of the consumer(s) (only if this form is submitted in paper form),

_________

(*) Delete as applicable

Every user of Wingfield products commits:

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:

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

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.

Wingfield is not responsible for inaccurate content created by users.

Wingfield does not represent or warrant that

The user uses the Wingfield exclusively at his or her own risk. This applies, without limitation, to

The use of the software or hardware offered by Wingfield does not replace the consultation of a specialised doctor by the user.

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.

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.

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.

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.

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.

In the event that individual provisions of these T&Cs are or become invalid, the remaining conditions shall remain in full force and effect.