Legal

Terms of Service

These Terms of Service ("Terms") govern your access to and use of the subscription-based mobile application (the "App"), website, and all related services (collectively, the "Services") operated by RallyIQ Technology Inc. ("we," "our," "us," or "Company") and distributed by 1485814 B.C. Ltd. The Services utilize artificial intelligence to analyze tennis videos and provide feedback. By downloading, accessing, or using the Services in any manner, you agree to be bound by these Terms and all policies incorporated by reference. If you do not agree to these Terms, you must not access or use the Services. We reserve the right to modify these Terms at any time, and your continued use of the Services constitutes acceptance of any modifications.

1. User Generated Content License

By submitting, posting, uploading, or displaying any content, including but not limited to videos, images, text, data, or other materials ("User Content") on or through the Services, you grant us and our affiliates, licensees, distributors, and successors a non-exclusive, transferable, sublicensable, worldwide, royalty-free, perpetual, and irrevocable license to use, reproduce, modify, adapt, create derivative works from, publish, distribute, display, perform, and otherwise exploit such User Content in any and all media or distribution methods (now known or later developed) for any purpose whatsoever, including for training artificial intelligence models, marketing, and commercial purposes. You waive all moral rights in your User Content. You represent and warrant that you own or have all rights necessary to grant this license and that your User Content does not violate any third-party rights or applicable laws.

2. Account Termination Rights

We reserve the right to terminate, suspend, limit, or restrict your access to the Services or your account at any time, at our sole and absolute discretion, with or without cause, with or without notice, for any reason or no reason, including but not limited to conduct that we believe violates these Terms, is harmful to other users, us, our business interests, or third parties, or for any other reason whatsoever. Upon termination, your right to use the Services will immediately cease, and we may delete all User Content and data associated with your account without liability. No refunds will be provided for any subscription fees paid under any circumstances, including termination for violation of these Terms. If your account is terminated due to your violation of these Terms, you forfeit all subscription fees paid and remain liable for all charges incurred prior to termination, plus any damages or penalties specified in these Terms.

3. Prohibited Content and Permitted Use

The Services are intended solely for the upload and analysis of tennis-related videos. You are strictly prohibited from uploading, submitting, posting, or transmitting any content that: (a) contains pornographic material, sexually explicit content, nudity, or any adult content whatsoever; (b) depicts any sport, activity, or subject matter other than tennis; (c) violates any applicable law or regulation; (d) infringes upon any third-party intellectual property rights; or (e) is otherwise deemed inappropriate by us in our sole discretion.

Any violation of this provision constitutes a material breach of these Terms. You acknowledge and agree that due to the difficulty in calculating actual damages from such violations, you shall be liable to pay the Company liquidated damages in the amount of One Thousand Dollars ($1,000.00) per instance of prohibited content uploaded or transmitted through the Services. This liquidated damages amount represents a reasonable estimate of the Company's actual damages and is not a penalty. You further agree that the Company may pursue any and all legal remedies available, including injunctive relief and recovery of attorneys' fees and costs, in addition to liquidated damages. The Company reserves the right to report violations to appropriate law enforcement authorities.

4. Subscription Terms, Pricing, and Billing

Access to the Services requires a paid subscription. Subscription fees are charged in advance on a recurring basis (monthly or annual, as selected by you) and are non-refundable under any circumstances. By subscribing, you authorize us to charge your chosen payment method on a recurring basis for the subscription fee, plus any applicable taxes. Your subscription will automatically renew at the end of each subscription period unless you cancel prior to the renewal date.

Subscription prices are subject to change at any time at our sole discretion. If we increase the subscription price, we will notify you, and the new price will apply to your next renewal period. Your continued use of the Services after a price increase constitutes acceptance of the new price. All payments are processed through the App Store or other third-party payment processors, and you agree to comply with their terms and conditions. We do not store or have access to your payment information. Failure to pay subscription fees may result in immediate termination of your access to the Services without refund. You are responsible for all charges incurred under your account, including unauthorized charges. You must notify us immediately of any unauthorized use of your account.

5. Cancellation and No Refund Policy

You may cancel your subscription at any time through your App Store account settings or by following the cancellation instructions provided in the Services. Cancellation must be completed at least twenty-four (24) hours before the end of the current subscription period to avoid being charged for the next period. If you cancel, you will retain access to the Services through the end of your current paid subscription period, but you will not receive a refund or credit for any unused portion of your subscription.

NO REFUNDS WILL BE PROVIDED FOR ANY REASON, including but not limited to: dissatisfaction with the Services, lack of use, technical difficulties, termination or suspension of your account for violations of these Terms, or discontinuation of the Services. All sales are final.

Free trials, if offered, will automatically convert to paid subscriptions unless cancelled at least twenty-four (24) hours before the trial period ends. Once a free trial converts to a paid subscription, you will be charged the full subscription fee.

NOTWITHSTANDING THE FOREGOING, TO THE EXTENT REQUIRED BY APPLICABLE STATE OR PROVINCIAL LAW, INCLUDING BUT NOT LIMITED TO CONSUMER PROTECTION LAWS, YOU MAY BE ENTITLED TO CERTAIN REFUND RIGHTS OR CANCELLATION RIGHTS THAT CANNOT BE WAIVED, AND SUCH RIGHTS SHALL APPLY TO THE MINIMUM EXTENT REQUIRED BY LAW.

6. Privacy and Data Collection

Your use of the Services is subject to our Privacy Policy, which is incorporated into these Terms by reference. By using the Services, you consent to our collection, use, storage, and disclosure of your information as described in our Privacy Policy.

You acknowledge and agree that we collect and process personal information, including but not limited to your name, email address, payment information, device information, usage data, and any content you upload to the Services. We use this information to provide, improve, and personalize the Services, train and improve our artificial intelligence models, comply with legal obligations, and for marketing and promotional purposes. You grant us the right to use all data generated through your use of the Services for any purpose, including analytics, research, development, and commercialization, in perpetuity.

7. Disclaimer of Warranties and AI Accuracy

THE SERVICES, INCLUDING ALL CONTENT, FEATURES, ARTIFICIAL INTELLIGENCE ANALYSIS, FEEDBACK, AND RECOMMENDATIONS, ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, QUALITY, ACCURACY, COMPLETENESS, RELIABILITY, OR AVAILABILITY. WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS.

WE MAKE NO GUARANTEES REGARDING THE ACCURACY, RELIABILITY, COMPLETENESS, OR USEFULNESS OF ANY ARTIFICIAL INTELLIGENCE ANALYSIS, FEEDBACK, RECOMMENDATIONS, OR OTHER INFORMATION PROVIDED THROUGH THE SERVICES. THE AI-GENERATED FEEDBACK IS FOR INFORMATIONAL AND ENTERTAINMENT PURPOSES ONLY AND SHOULD NOT BE RELIED UPON AS PROFESSIONAL COACHING, TRAINING ADVICE, OR MEDICAL ADVICE. YOU ACKNOWLEDGE THAT ARTIFICIAL INTELLIGENCE TECHNOLOGY IS INHERENTLY IMPERFECT AND MAY PRODUCE INACCURATE, INCOMPLETE, OR MISLEADING RESULTS. WE DO NOT GUARANTEE ANY IMPROVEMENT IN YOUR TENNIS SKILLS OR PERFORMANCE AS A RESULT OF USING THE SERVICES. ANY USE OF THE SERVICES OR RELIANCE ON AI-GENERATED CONTENT IS AT YOUR SOLE RISK.

8. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL THE COMPANY, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, DISTRIBUTORS, OR SUCCESSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, REVENUE, DATA, GOODWILL, USE, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OF OR INABILITY TO USE THE SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

TO THE FULLEST EXTENT PERMITTED BY LAW, OUR TOTAL AGGREGATE LIABILITY TO YOU FOR ANY AND ALL CLAIMS ARISING OUT OF OR RELATED TO THESE TERMS OR YOUR USE OF THE SERVICES SHALL NOT EXCEED THE AMOUNT YOU PAID TO US FOR THE SERVICES IN THE THREE (3) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO LIABILITY, OR ONE HUNDRED DOLLARS ($100.00), WHICHEVER IS LESS. THIS LIMITATION OF LIABILITY APPLIES TO ALL CAUSES OF ACTION IN THE AGGREGATE, INCLUDING BUT NOT LIMITED TO BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, STRICT LIABILITY, MISREPRESENTATION, AND ANY OTHER TORTS.

SOME JURISDICTIONS, INCLUDING CERTAIN U.S. STATES AND CANADIAN PROVINCES, DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, OR LIMITATIONS ON IMPLIED WARRANTIES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, OUR LIABILITY SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.

9. Indemnification

You agree to indemnify, defend, and hold harmless the Company, its affiliates, subsidiaries, officers, directors, employees, agents, licensors, distributors, successors, and assigns from and against any and all claims, liabilities, damages, losses, costs, expenses, and fees (including reasonable attorneys' fees and court costs) arising out of or related to: (a) your use or misuse of the Services; (b) your violation of these Terms or any applicable law or regulation; (c) your User Content or any content you submit, post, or transmit through the Services; (d) your violation of any third-party rights, including intellectual property rights, privacy rights, or publicity rights; (e) any claim that your User Content caused damage to a third party; (f) your breach of any representation or warranty contained in these Terms; or (g) any act or omission by you or anyone using your account. This indemnification obligation will survive termination of these Terms and your use of the Services.

10. Intellectual Property Rights

The Services, including all software, algorithms, artificial intelligence models, technology, text, graphics, logos, images, videos, audio, data compilations, and all other content and materials (excluding your User Content), are owned by or licensed to the Company and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws. All rights, title, and interest in and to the Services remain with the Company.

You are granted a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Services solely for your personal, non-commercial use in accordance with these Terms. You may not copy, modify, distribute, sell, lease, rent, sublicense, reverse engineer, decompile, disassemble, or create derivative works based on the Services or any portion thereof. You may not use any automated means (including bots, scrapers, or spiders) to access the Services. Any unauthorized use of the Services or our intellectual property terminates the license granted by these Terms. "RallyIQ Technology" and all related logos, product names, and service names are trademarks or registered trademarks of the Company.

11. User Conduct and Prohibited Activities

In addition to the prohibited content restrictions set forth in Section 3, you agree not to:

  • Use the Services for any illegal purpose or in violation of any local, state, national, or international law;
  • Violate or encourage others to violate the rights of third parties, including intellectual property rights;
  • Post, upload, or distribute any defamatory, libelous, obscene, pornographic, abusive, or otherwise offensive content;
  • Impersonate any person or entity or falsely state or misrepresent your affiliation with any person or entity;
  • Interfere with or disrupt the Services or servers or networks connected to the Services;
  • Attempt to gain unauthorized access to the Services, other user accounts, or computer systems or networks;
  • Use the Services to transmit any viruses, malware, or other malicious code;
  • Collect or harvest any information about other users;
  • Use the Services in any manner that could damage, disable, overburden, or impair the Services;
  • Remove, circumvent, disable, damage, or otherwise interfere with any security-related features of the Services;
  • Share your account credentials with any third party or allow any third party to access your account; or
  • Assist or encourage any third party to do any of the foregoing.

Any violation of this section may result in immediate termination of your account without refund and liability for damages as specified in these Terms.

12. Age Restrictions and Eligibility

You must be at least eighteen (18) years of age to use the Services. By using the Services, you represent and warrant that you meet this age requirement and have the legal capacity to enter into these Terms. We do not knowingly collect personal information from individuals under the age of eighteen (18). If we discover that we have collected personal information from someone under eighteen (18), we will delete that information immediately. Parents and legal guardians are responsible for monitoring their children's use of devices and ensuring they do not access the Services.

For information about use by minors age 13 and under with parental consent, please see our Children and Parental Consent Policy.

13. Digital Millennium Copyright Act (DMCA) Compliance

We respect the intellectual property rights of others and expect users to do the same. If you believe that your copyrighted work has been copied or used in a way that constitutes copyright infringement and is accessible through the Services, please notify our designated copyright agent with the following information: (a) identification of the copyrighted work claimed to have been infringed; (b) identification of the material that is claimed to be infringing and information reasonably sufficient to permit us to locate the material; (c) your contact information; (d) a statement that you have a good faith belief that use of the material is not authorized; (e) a statement under penalty of perjury that you are authorized to act on behalf of the copyright owner; and (f) your physical or electronic signature.

Our designated copyright agent: RallyIQ Technology Inc., Attn: Designated Copyright Agent, support@rallyiq.tech. We reserve the right to remove any allegedly infringing content and to terminate the accounts of repeat infringers. We comply with applicable copyright laws including the Copyright Act of Canada.

14. Dispute Resolution and Arbitration

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.

You and the Company agree that any dispute, claim, or controversy arising out of or relating to these Terms or your use of the Services ("Disputes") will be resolved through binding individual arbitration in accordance with the British Columbia Arbitration Act and the rules of the British Columbia International Commercial Arbitration Centre (BCICAC), except that either party may bring an individual action in the British Columbia Civil Resolution Tribunal or small claims court if the claim qualifies.

YOU AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND THE COMPANY ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR JUDGE (TO THE EXTENT PERMITTED BY LAW) AND THE RIGHT TO PARTICIPATE IN A CLASS ACTION, CLASS ARBITRATION, OR OTHER REPRESENTATIVE PROCEEDING OF ANY KIND.

The arbitration will be held in Vancouver, British Columbia, or at another mutually agreeable location. For users residing in the United States, arbitration may alternatively be conducted in accordance with the Commercial Arbitration Rules of the American Arbitration Association (AAA). The arbitrator's decision will be final and binding. Each party shall bear its own costs and attorneys' fees in arbitration, unless the arbitrator awards costs and fees to the prevailing party.

State-specific carve-outs: (a) For California residents, this arbitration provision does not apply to individual actions brought in small claims court in California, and you retain the right to seek public injunctive relief in court as provided by California law; (b) To the extent any state or provincial law prohibits or restricts mandatory arbitration provisions in consumer contracts, such law shall apply and the arbitration provision shall be deemed modified to the minimum extent necessary to comply with such law; (c) In jurisdictions where class action waivers are prohibited or restricted by law, the class action waiver shall not apply.

15. Governing Law and Venue

These Terms and any Disputes shall be governed by and construed in accordance with the laws of the Province of British Columbia and the federal laws of Canada applicable therein, without regard to conflict of law principles. Mandatory consumer protection laws, privacy laws, and other laws of the jurisdiction in which you reside that cannot be waived by agreement shall apply to the extent required by law. To the extent that arbitration does not apply, you agree that any legal action or proceeding shall be brought exclusively in the courts of competent jurisdiction located in Vancouver, British Columbia, except that residents of U.S. states may bring actions in courts of competent jurisdiction in their state of residence to the extent required by applicable state law.

16. International Use and Export Compliance

The Services are controlled and operated from Canada. If you access the Services from outside Canada, you do so at your own risk and are responsible for compliance with all local laws. You may not use or export the Services in violation of Canadian export laws and regulations or any applicable international trade laws.

17. Third-Party Services and Links

The Services may contain links to third-party websites, applications, or services. These third-party services are not under our control, and we are not responsible for their content, privacy policies, or practices. Your use of third-party services is at your own risk and subject to their terms and conditions. We do not endorse or make any representations about third-party services.

18. Modifications to Terms and Services

We reserve the right to modify, amend, or update these Terms at any time, at our sole discretion, without prior notice. Any changes will be effective immediately upon posting. Your continued use of the Services after any such changes constitutes your acceptance of the new Terms. We also reserve the right to modify, suspend, or discontinue the Services at any time, with or without notice, for any reason. We shall not be liable to you or any third party for any modification, suspension, or discontinuation of the Services.

19. Contact Information

For questions, concerns, or support regarding the Services, you may contact us at: support@rallyiq.tech. Our business address is located in British Columbia, Canada.

20. Severability, Waiver, Entire Agreement

If any provision of these Terms is held to be invalid, illegal, or unenforceable, the remaining provisions shall continue in full force and effect. Our failure to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. These Terms, together with our Privacy Policy and any other policies or guidelines incorporated by reference, constitute the entire agreement between you and the Company regarding the Services and supersede all prior agreements. You may not assign these Terms without our prior written consent. We may assign these Terms at any time without notice or consent.

21. Survival and Force Majeure

All provisions of these Terms that by their nature should survive termination shall survive, including but not limited to: User Generated Content License, Account Termination Rights, Prohibited Content and Permitted Use, Disclaimer of Warranties, Limitation of Liability, Indemnification, Intellectual Property Rights, Dispute Resolution and Arbitration, and Governing Law.

We shall not be liable for any failure or delay in performance under these Terms due to causes beyond our reasonable control, including but not limited to acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, pandemics, strikes, or shortages of transportation, facilities, fuel, energy, labor, or materials.

BY CLICKING "I AGREE," DOWNLOADING THE APP, CREATING AN ACCOUNT, OR USING THE SERVICES IN ANY MANNER, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS OF SERVICE. IF YOU DO NOT AGREE TO THESE TERMS, YOU MUST NOT ACCESS OR USE THE SERVICES.