TERMS OF USE
Effective as of March 1, 2024
1. Introduction
The following Terms of Use (“Terms”) govern your use of Tiebreak ( “App” or “Services”), a mobile application for racquet sports operated by TBRK LTD (“Company”, “we”, “us”, or “our”).
These Terms constitute a legally binding agreement made between you and TBRK LTD, concerning your access to and use of the Services. You agree that by accessing the Services, you have read, understood, and agreed to be bound by these Terms and our Privacy Policy (available here), which is incorporated into these Terms by reference. These Terms apply to anyone who accesses or uses our Services, regardless of registration or subscription status. If you do not wish to be bound by these Terms, do not access or use our Services.
The Services are intended for users who are at least 13 years of age. All users who are considered minors in their jurisdiction of residence (generally under the age of 18) must obtain permission from, and be directly supervised by, their parent or guardian to use the Services. If you are a minor, you must have your parent or guardian read and agree to these Terms prior to you using the Services.
2. Our services
Tiebreak provides its users with information related to venues, courts and other facilities for racquet sports (collectively, the “Facilities”) including, inter alia, their availability for booking, properties, access information as well as forecast weather conditions (the “Information”). This Information is provided in the App for your personal use and on an “as is” basis. While we make reasonable efforts to verify the Information, we assume no responsibility for any errors, mistakes, or inaccuracies in the Information, nor for any damages arising from the use of the Services.
As part of the Services, Tiebreak may provide website links and/or redirect you to the websites of the Facilities or 3rd party services used by the Facilities, including, inter alia, booking systems (the “Booking Systems”) (collectively, the “Booking Websites”). We are not affiliated with any of the Facilities, their operators, or the Booking Systems, and we assume no responsibility for any damages (including physical) that arise from their use (this includes the use of the Booking Websites). We do not operate any Facilities or Booking Systems, and you may need to enter into a legal agreement with a Facility or another 3rd party in order to book a Facility presented in the App.
The information provided through the Services is not intended for distribution to, or use by, any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation, or would subject us to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Services do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.
3. Intellectual property rights
Our intellectual property
We are the owner or the licensee of the following intellectual property rights in our Services: source code, functionality, software, website and application designs, manually compiled databases, text, photographs, and graphics in the Services (collectively, the “Content”), as well as the trademarks, service marks, and logos contained therein (the “Marks”). Our Content and Marks are protected by copyright and trademark laws (and various other intellectual property rights and unfair competition laws) and provided in or through the Services “as is” for your personal, non-commercial use only.
Your use of our Services
Subject to your compliance with these Terms, we grant you a non-exclusive, non-transferable, revocable licence to access the Services solely for your personal, non-commercial use. Except as set out in this section or elsewhere in our Terms, no part of the Services and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission. If we ever grant you the permission to post, reproduce, or publicly display any part of our Services or Content, you must identify us as the owners or licensors of the Services, Content, or Marks and ensure that any copyright or proprietary notice appears or is visible on posting, reproducing, or displaying our Content. We reserve all rights not expressly granted to you in and to the Services, Content, and Marks. Any violation of these Intellectual Property Rights will constitute a material breach of our Terms, resulting in the immediate termination of your right to use our Services.
You shall not: (1) except as permitted by applicable law, decompile, reverse engineer, disassemble, attempt to derive the source code of, or decrypt the App; (2) make any modification, adaptation, improvement, enhancement, translation, or derivative work from the App; (3) violate any applicable laws, rules, or regulations in connection with your access or use of the App; (4) remove, alter, or obscure any proprietary notice (including any notice of copyright or trademark) posted by us or the licensors of the App; (5) use the App for any revenue-generating endeavour, commercial enterprise, or other purpose for which it is not designed or intended; (6) make the App available over a network or other environment permitting access or use by multiple devices or users at the same time; (7) use the App for creating a product, service, or software that is, directly or indirectly, competitive with or in any way a substitute for the App; (8) use the App to send automated queries to any website or to send any unsolicited commercial email; or (9) use any proprietary information or any of our interfaces or our other intellectual property in the design, development, manufacture, licensing, or distribution of any applications, accessories, or devices for use with the App.
You may not access or use the Services for any purpose other than that for which we make the Services available. The Services may not be used in connection with any commercial purposes except those that are specifically endorsed or approved by us. As a user of the Services, you agree not to: (1) systematically retrieve data or other content from the Services to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us; (2) use the Services in a manner inconsistent with any applicable laws or regulations; (3) engage in unauthorised framing of or linking to the Services; (4) engage in any automated use of the system, such as using any data mining, robots, or similar data gathering and extraction tools; (5) interfere with, disrupt, or create an undue burden on the Services or the networks, servers or services connected to the Services; (6) decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Services; (7) make any unauthorised use of the Services, including creating user accounts by automated means or under false pretences.
Feedback
By sending us any question, comment, suggestion, idea, feedback, or other information about the Services (“Feedback”), you agree that such Feedback is not confidential and agree to assign to us all intellectual property rights in such Feedback. You agree that we shall own this Feedback and be entitled to its unrestricted use and dissemination for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to you.
4. User representations
By using the Services, you represent and warrant that: (1) all registration information you submit will be true, accurate, current, and complete; (2) you will maintain the accuracy of such information and promptly update such registration information as necessary; (3) you have the legal capacity and you agree to comply with these Terms; (4) you are not under the age of 13; (5) you are not a minor in the jurisdiction in which you reside, or if a minor, you have received parental permission to use the Services; (6) you will not access the Services through automated or non-human means, whether through a bot, script or otherwise; (7) you will not use the Services for any illegal or unauthorised purpose; and (8) your use of the Services will not violate any applicable law or regulation.
5. User registration
You may be required to register to use the Services. By using our services, you consent to receive from us login information, including access and verification codes (the “Access Credentials”) which may be distributed, inter alia, by means of text messages to the phone number you provide to us. Your Access Credentials are for your personal use only and should be kept confidential. You understand that you are responsible for all use (including any unauthorised use) of your Access Credentials.
6. Third party websites and content
The Services may contain (or you may be provided via the App) links to websites not belonging to us (“Third Party Websites”) as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software, and other content or items belonging to or originating from third parties (“Third Party Content”). Such Third Party Websites and Third Party Content are not investigated, monitored, or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third Party Websites accessed through the Services or any Third Party Content posted on, available through, or installed from the Services, including the content, accuracy, offensiveness, opinions, reliability, privacy practices, or other policies of or contained in the Third Party Websites or the Third Party Content. Inclusion of, linking to, or permitting the use or installation of any Third Party Websites or any Third Party Content does not imply approval or endorsement thereof by us. If you decide to leave the Services and access the Third Party Websites or to use or install any Third Party Content, you do so at your own risk, and you should be aware these Terms no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any website to which you navigate from the Services or relating to any applications you use or install from the Services. Any purchases you make through Third Party Websites or Third Party Content will be through other websites or services and from other companies, and we take no responsibility whatsoever in relation to such purchases which are exclusively between you and the applicable third party. You agree and acknowledge that we do not endorse the products or services offered on Third Party Websites or in Third Party Content and you shall hold us harmless from any harm caused by your use or purchase of such products or services. Additionally, you shall hold us harmless from any losses sustained by you or harm caused to you relating to or resulting in any way from any Third Party Content or any contact with Third Party Websites.
7. Privacy policy
For information about how we collect, use and share your personal data, please review our Privacy Policy, available here. By accessing or using the Services, you agree that we may use your personal data in accordance with our Privacy Policy.
8. Term and termination
These Terms shall remain in full force and effect while you use the Services. Without limiting any other provision of these Terms, we reserve the right to, in our sole discretion and without notice or liability, deny access to and use of the Services, to any person for any reason or for no reason including without limitation for breach of any representation, warranty or covenant contained in these Terms or of any applicable law or regulation. We may terminate your use or participation in the Services or delete your account at any time, without warning, in our sole discretion.
9. Modifications and interruptions
We reserve the right to change, modify, or remove the contents of the Services at any time or for any reason at our sole discretion without notice. However, we have no obligation to update any information on our Services. We will not be liable to you or any third party for any modification, suspension, or discontinuation of the Services. We cannot guarantee that the Services will be available at all times. We may experience technical difficulties or need to perform maintenance related to the Services, resulting in interruptions in provision of the Services. We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the Services without notice. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Services during any downtime or discontinuation of the Services.
10. Governing law and dispute resolution
These Terms are governed by and construed in accordance with English Law, and the parties to these Terms agree to submit to the exclusive jurisdiction of the courts of England and Wales.
Any disputes, claims, or controversies arising out of or relating to these Terms, the breach thereof, or the use of the Services, shall be resolved exclusively through final and binding individual arbitration. The arbitration shall be conducted by a single arbitrator, mutually agreed upon by both parties, in accordance with the commercial arbitration rules of the London Court of International Arbitration then in effect, excluding any rules or procedures governing or permitting class actions. Any arbitration shall be conducted in the English language.
The parties to these Terms agree that they will conduct the arbitration in an individual capacity, and not as a class action, group litigation, or any other representative action. The parties to these Terms further agree that the arbitrator shall have the exclusive authority to resolve any disputes relating to the interpretation, applicability, enforceability, or formation of these Terms, including whether they are void or voidable.
This arbitration clause shall survive the termination of your relationship with us, including the cessation of your use of the Services.
Notwithstanding the above, both parties to these Terms retain the right to seek injunctive or other equitable relief in a court of law to address the infringement or misappropriation of intellectual property rights.
11. Disclaimer
THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. YOU AGREE THAT YOUR USE OF THE SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICES AND YOUR USE THEREOF. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SERVICES' CONTENT OR THE CONTENT OF ANY WEBSITES OR MOBILE APPLICATIONS LINKED TO THE SERVICES AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SERVICES, (3) ANY UNAUTHORISED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICES, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SERVICES BY ANY THIRD PARTY, AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICES, ANY HYPERLINKED WEBSITE, OR ANY THIRD PARTY WEBSITE OR MOBILE APPLICATION FEATURED IN THE APP, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD PARTY PROVIDERS OF PRODUCTS OR SERVICES.
12. Limitations of liability
IN NO EVENT WILL WE, OUR OFFICERS, SHAREHOLDERS, EMPLOYEES, DIRECTORS OR SUCCESSORS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, PHYSICAL DAMAGE OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO GBP 10.
13. Indemnification
You agree to indemnify us and hold us harmless from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, arising out of or made by any third party due to: (1) your use of the Services; (2) your breach of these Terms; (3) any breach of your representations and warranties set forth in these Terms; or (4) your violation of any law or the rights of a third party, including but not limited to intellectual property rights.
14. Other provisions
Under applicable law, you may have certain rights that can't be limited by a contract. These terms are in no way intended to restrict those rights.
We may make changes, modifications or amendments to these Terms and our Privacy Policy from time to time by notifying you of such changes by any reasonable means including by posting the revised Terms at https://tiebreak.app/terms-of-use or Privacy Policy at https://tiebreak.app/privacy-policy. The effective date provided at the top of this document indicates the date these Terms were last changed. In certain circumstances, we may notify you of such change by displaying a pop-up message in the App. Any such changes will not apply to any dispute between you and us arising prior to the date on which we posted the revised Terms or Privacy Policy, incorporating such changes, or otherwise notified you of such changes. Your use of the Services following any changes to these Terms or Privacy Policy will constitute your acceptance of such changes and as a result, you will be legally bound by the updated Terms and Privacy Policy. If you do not wish to accept the updated Terms, you may terminate your account by contacting us.
These Terms, together with the Privacy Policy available here, contain the entire agreement between you and the Company regarding the use of the Services and supersede any prior agreements in relation to the subject matter of these Terms, whether written or oral. Unless as otherwise stated in these Terms, should any provision of these Terms be held invalid or unenforceable for any reason or to any extent, the remaining provisions of these Terms will not be affected, and the application of that provision shall be enforced to the extent permitted by law. Any failure of the Company to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.
The Company may assign any or all of these Terms, and may assign or delegate, in whole or in part, any of its rights or obligations under these Terms. You may not assign these Terms, in whole or in part, nor transfer or sub-license your rights under these Terms, to any third party.
There is no joint venture, partnership, employment or agency relationship created between you and us as a result of these Terms or use of the Services.
15. Contact information
In case of any queries regarding these Terms or the Services, please contact us at info@tiebreak.app.
Our registered address is 71-75 Shelton Street London WC2H 9JQ United Kingdom.