Terms of use

Effective Date: 28^th of March 2025

Acceptance of the Terms of Use

These terms of use are entered into by and between you and PlayReplay, Inc. ("PlayReplay," "Company," "us," "we," or "our"). The following terms and conditions, together with any documents they expressly incorporate by reference, such as Privacy Policy (collectively, "Terms of Use"), govern your access to and use of playreplay.io (the "Website") and the PlayReplay apps (the "Apps") and include any content, functionality, and services (all collectively, referred to as "Services") offered on or through, whether as a guest or a registered user.

Please read the Terms of Use carefully before you start to use the Website, the App, or the Services. By using the Website or the Services, or by clicking the “agree” button or downloading, installing, or using the Apps, or by clicking to accept or agree to the Terms of Use when this option is made available to you, you accept and agree to be bound and abide by these Terms of Use and our Privacy Policy, incorporated herein by reference. If you do not want to agree to these Terms of Use or the Privacy Policy, you must not access or use the Website or the Services or download and access the Apps.

The Website, Services, and the Apps is offered and available to users who are 18 years of age or older and reside in the United States (the "U.S.") or any of its territories or possessions. By using the Apps, Website or Services you represent and warrant that you are of legal age to form a binding contract with the Company and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Website or Services, or access, download, install or use the Apps.

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Changes to the Terms of Use

We may revise and update these Terms of Use from time to time in our sole discretion. All changes are effective immediately when we post them.

Your continued use of the Website, Services, or access, download, install or use the Apps following the posting of revised Terms of Use means that you accept and agree to the changes. You are expected to check this page from time to time so you are aware of any changes, as they are binding on you.

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Account

Registration; Username and Passwords. You may be required to provide information about yourself to register for and to access or use the Services via the Apps or pre-loaded devices with the Apps provided courtside (the "Account"). You represent and warrant that any such information is and will remain accurate and complete, and that PlayReplay has no liability whatsoever for errors and omissions in the information that you provide. You may also be asked to choose a username and password to access or use the Services. We may reject, or require that you change, any such username or password, in our sole discretion. You are entirely responsible for maintaining the security of your username and password, and you agree not to disclose or make your username or password accessible to any other party.
Prohibition on Sharing. You may not share an Account, or any other user rights with any other individual, unless otherwise expressly pre-approved by PlayReplay in writing. You may not share any login credentials or passwords regarding the foregoing with any other individual. You acknowledge that sharing of any such rights is strictly prohibited. Your right to use or access the Services is personal to you and not assignable or transferable. You may not assign or transfer any Account or any other user rights with any other individual without prior approval from PlayReplay.
Account Security. You agree to notify us immediately of any unauthorized access to or use of your username or password or any other breach of security. We have the right to disable any username, password, or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms of Use.

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Accessing the Website

We reserve the right to withdraw or amend the Website, Services, and any other service or material we provide on the Website, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period. From time to time, we may restrict user access, including registered user access, to some parts of the Website or the entire Website.

You are responsible for both:

Making all arrangements necessary for you to have access to the Website.
Ensuring that all persons who access the Website through your internet connection are aware of these Terms of Use and comply with them.

To access the Website or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of the Website that all the information you provide on the Website is correct, current, and complete. You agree that all information you provide to register with this Website or otherwise, including, but not limited to, through the use of any interactive features on the Website, is governed by our Privacy Policy and you consent to all actions we take with respect to your information consistent with our Privacy Policy.

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Accessing the Apps

Subject to the terms of these terms, Company grants you a limited, non-exclusive, and nontransferable license to:

download, install, and use each App for your personal, non-commercial use on a single mobile device owned or otherwise controlled by you ("Mobile Device") strictly in accordance with the Apps’ documentation; and
Access and use on such Mobile Device the services made available in or otherwise accessible through the Apps, strictly in accordance with these terms.

Except as may be expressly permitted by applicable law or expressly authorized by each App, you shall not:

copy any of the Apps, except as expressly permitted by this license;
modify, translate, adapt, or otherwise create derivative works or improvements, whether or not patentable, of the Apps;
reverse engineer, disassemble, decompile, decode, or otherwise attempt to derive or gain access to the source code of the Apps or any part thereof;
remove, delete, alter, or obscure any trademarks or any copyright, trademark, patent, or other intellectual property or proprietary rights notices from the Apps, including any copy thereof;
rent, lease, lend, sell, sublicense, assign, distribute, publish, transfer, or otherwise make available the Apps, or any features or functionality of the App, to any third party for any reason, including by making any of the Apps available on a network where it is capable of being accessed by more than one device at any time;
use any robot, spider, or other automatic device, process, or means to access the Application for any purpose, including monitoring or copying any of the material on the App;
use any manual process to monitor or copy any of the material on the App, or for any other purpose not expressly authorized in these terms, without Company's prior written consent;
frame, mirror, or otherwise incorporate the App or any portion of the App as part of any other mobile application, website, or service;
use the App in any manner that could disable, overburden, damage, or impair the App or interfere with any other party's use of the App; or
remove, disable, circumvent, or otherwise create or implement any workaround to any copy protection, rights management, or security features in or protecting the App.

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Accessing the Services

You may access the Services from our Apps and/or devices that are pre-loaded with the Apps and are provided courtside with or without signing into your Account. By following the instructions on the device that is pre-loaded with the Apps, you may port the session as a logged-out user to your Account (if you have one) within twenty minutes of ending the session. After twenty minutes you will not have access to the information about the session played in logged out mode.

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Fees and Payment

Fees. To access and use some of our Services via your Account you shall be charged the fees ("Subscription Fees") as set forth in the payment page without offset or deduction. You shall make all payments hereunder in US dollars that will be due on the 10th of each month. If you fail to pay when the payment is due, your subscription will be terminated, and you will not have access to the paid features. PlayReplay reserves the right to change the Subscription Fees at any time. The billing entity could be PlayReplay AB, PlayReplay Inc.’s parent company or PlayReplay, Inc.
Payment Partner. We use Stripe as our payment partner. When you sign up for our subscription, Stripe will receive your personal information, and Stripe will process it in accordance with Stripe’s Privacy Policy. We may use other payment processors as well to process the payment.

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Intellectual Property Rights

The Website, the Apps, the Services and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by PlayReplay, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

These Terms of Use permit you to use the Apps, the Website and the Services for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Website or Apps, except as follows:

Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
You may store files that are automatically cached by your Web browser for display enhancement purposes.
You may print or download one copy of a reasonable number of pages of the Website for your own personal, non-commercial use and not for further reproduction, publication, or distribution.
You shall comply with the restrictions in the Terms of Use when you access our services via the Apps.

You must not:

Modify copies of any materials from this site.
Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from this site.

You must not access or use for any commercial purposes any part of the Apps, the Website and the Services or any other services or materials available through the Apps and the Website.

If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Apps, the Website and the Services in breach of the Terms of Use, your right to use the Apps, the Website and the Services will stop immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title, or interest in or to the Apps, the Website and the Services or any content on the Apps, the Website and the Services is transferred to you, and all rights not expressly granted are reserved by the Company. Any use of the Apps, the Website and the Services not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark, and other laws.

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Trademarks

The Company name, the terms PLAYREPLAY and all related names, logos, product and service names, designs, and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company.

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Reporting Claims of Copyright Infringement

We take claims of copyright infringement seriously. We will respond to notices of alleged copyright infringement that comply with applicable law. If you believe any materials accessible on or from the Website or Service infringe your copyright, you may request removal of those materials (or access to them) from the Website by submitting written notification to our copyright agent designated below. In accordance with the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (17 U.S.C. § 512) ("DMCA"), the written notice (the "DMCA Notice") must include substantially the following:

Your physical or electronic signature.
Identification of the copyrighted work you believe to have been infringed or, if the claim involves multiple works on the Website, a representative list of such works.
Identification of the material you believe to be infringing in a sufficiently precise manner to allow us to locate that material.
Adequate information by which we can contact you (including your name, postal address, telephone number, and, if available, email address).
A statement that you have a good faith belief that use of the copyrighted material is not authorized by the copyright owner, its agent, or the law.
A statement that the information in the written notice is accurate.
A statement, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.

Our designated copyright agent to receive DMCA Notices is:

Hans Lundstam
PlayReplay Inc.
Rosenlundsgatan 40, 118 53 Stockholm, Sweden
+46 70 930 22 77
hans.lundstam@playreplay.io

If you fail to comply with all of the requirements of Section 512(c)(3) of the DMCA, your DMCA Notice may not be effective.

Please be aware that if you knowingly materially misrepresent that material or activity on the Website or Service is infringing your copyright, you may be held liable for damages (including costs and attorneys' fees) under Section 512(f) of the DMCA.

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Prohibited uses

You may use the Apps, the Website and the Services only for lawful purposes and in accordance with these Terms of Use. You agree not to use the Apps, the Website and the Services for the uses stated herein. If you use the Apps, the Website, and the Services for any of the prohibited uses, we will terminate your account with or without any notice to you and seek legal remedies, if available.

In any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the U.S. or other countries).
For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise.
To transmit, or procure the sending of, any advertising or promotional material [without our prior written consent], including any "junk mail," "chain letter," "spam," or any other similar solicitation.
To impersonate or attempt to impersonate PlayReplay, a PlayReplay employee, another user, or any other person or entity (including, without limitation, by using email addresses or screen names associated with any of the foregoing).
To engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Apps, the Website and the Services, or which, as determined by us, may harm PlayReplay or users of the Apps, the Website and the Services, or expose them to liability.
To use any other similar Service to the Apps that may impede the functionality of PlayReplay's Apps or Services.

Additionally, you agree not to:

Use the Apps, the Website and the Services in any manner that could disable, overburden, damage, or impair the site or interfere with any other party's use of the Apps, the Website and the Services, including their ability to engage in real time activities through the Apps, the Website and the Services.
Use the Apps, the Website and the Services in any manner if it is against the rules of national or international governing bodies for tennis, such as ITF, ATP, etc.
Use the Apps, Website, and the Services to, transmit, sell, use, or forward the data for purpose of betting or any other commercial use.
Use any robot, spider, or other automatic device, process, or means to the Apps, the Website or the Services for any purpose, including monitoring or copying any of the material on the Apps, the Website or the Services.
Use any manual process to monitor or copy any of the material on the Apps, the Website or the Services or for any other purpose not expressly authorized in these Terms of Use, without our prior written consent.
Use any device, software, or routine that interferes with the proper working of the Apps, the Website or the Services.
Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Apps, the Website or the Services the server on which the Apps, the Website or the Services is stored, or any server, computer, or database connected to the Apps, the Website or the Services.
Attack the Apps, the Website or the Services via a denial-of-service attack or a distributed denial-of-service attack.
Otherwise attempt to interfere with the proper working of the Apps, the Website or the Services.

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Reliance on Information Posted

The information presented on or through the Apps, the Website or the Services is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Apps, the Website or the Services, or by anyone who may be informed of any of its contents.

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Changes to the Website

We may update the content on the Apps, the Website or the Services from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the Website may be out of date at any given time, and we are under no obligation to update such material.

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Geographic Restrictions

We provide the Apps, the Website and the Services for use only by persons located in the United States. We make no claims that the Apps, the Website and the Services or any of its content is accessible or appropriate outside of the United States. If you access the Apps, the Website and the Services, you do so on your own initiative and are responsible for compliance with local laws.

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Disclaimer of Warranties

TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, MOBILE DEVICES, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE Apps, the Website OR the Services, OR ANY OTHER SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE, DOWNLOADING THE APPS, OR YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.

YOUR USE OF THE Apps, the Website, the Services, ITS CONTENT, AND ANY OTHER SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR THE APPS IS AT YOUR OWN RISK. THE Apps, the Website, the Services, AND ANY OTHER SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE AND THE APPS ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER PLAYREPLAY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE WEBSITE, THE APPS, THE SERVICES, ITS CONTENT, OR ANY OTHER SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE, THE APPS, OR THE SERVICES WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE APPS, THE WEBSITE THE SERVICES, OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE APPS, THE WEBSITE, THE SERVICES, OR ANY OTHER SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE, THE APPS, OR THE SERVICES WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

TO THE FULLEST EXTENT PROVIDED BY LAW, THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

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Limitation on Liability

TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL THE COMPANY, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE APPS, THE WEBSITE, THE SERVICES, ANY CONTENT ON THE WEBSITE, THE APPS, OR THE SERVICES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.

The limitation of liability set out above does not apply to liability resulting from our gross negligence or willful misconduct.

THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

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Indemnification

You agree to defend, indemnify, and hold harmless the Company, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms of Use or your use of the Apps, the Website or the Services, including, but not limited to, any use of the content, services, and products other than as expressly authorized in these Terms of Use, or your use of any information obtained from the Apps, the Website or the Services.

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Governing Law and Jurisdiction

All matters relating to the Apps, the Website or the Services and these Terms of Use, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of Delaware without giving effect to any choice or conflict of law provision or rule (whether of the State of Delaware or any other jurisdiction).

Any legal suit, action, or proceeding arising out of, or related to, these Terms of Use or the Website shall be instituted exclusively in the federal courts of the United States or the courts of the State of Delaware, although we retain the right to bring any suit, action, or proceeding against you for breach of these Terms of Use in your country of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

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Waiver and Severability

No waiver by the Company of any term or condition set out in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.

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Entire Agreement

The Terms of Use and our Privacy Policy constitute the sole and entire agreement between you and PlayReplay regarding the Apps, the Website and the Services, and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Apps, the Website or the Services.

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Your Comments and Concerns

The Website, the Apps, and the Services are operated by PlayReplay Inc.

All notices of copyright infringement claims should be sent to the copyright in the manner and by the means set out therein.

All other feedback, comments, requests for technical support, and other communications relating to the Website or Apps should be directed to: support@playreplay.io