RACKETPAL PLATFORM: MASTER TERMS OF SERVICE

These master terms of service (together with the documents, information and policies that are referred to in these master terms of service) ('Terms') set out the legal terms that apply to your ('Customer') access to and use of RacketPal's services, including the Platform (as defined below) and RacketPal Premium (as defined below) (together the 'Services'), whether operated by RacketPal or on its behalf. These Terms do not apply to RacketPal's generally available marketing websites available at: (i) www.racketpal.co.uk; (ii) www.racketpal.cz; (iii) www.racketpal.io; (iv) www.racketpal.net; and (v) www.racketpal.tech.

Please read these Terms carefully. Customer's use of and access to the Services is conditional on its compliance with and acceptance of these Terms.

About RacketPal

These Terms are with RacketPal, the trading name of RacketPal Ltd, a company registered in England & Wales under Company Registration Number 11818671. RacketPal's address is: 103 Barney Close, London, SE7 8ST.
Customer can contact RacketPal via email at support@racketpal.co.uk or via the relevant channels in the Platform.
If RacketPal needs to contact Customer, it will do so using the email address Customer has provided as its current contact email for its Account (as defined below).

Access to and use of the Platform

The 'Platform' means the software platform known as 'RacketPal' - currently available via www.racketpal.co.uk or via the Apple store or Google Play store (each an 'App Store'). RacketPal Premium is made available to Customer via the Platform.
RacketPal provides the Platform to Customer on the basis of these Terms. These Terms may be updated by RacketPal from time to time (due to, for example, changing technologies, a change in the law or RacketPal introducing new product features) by RacketPal posting the updated Terms on the Platform (RacketPal will use reasonable endeavours to provide Customer with advance notice). When Customer accesses the Platform at any time in the future, such updated Terms then in force shall apply to its use of the Platform.
RacketPal may update and change the Platform from time to time (without prior notification to Customer) to reflect its users’ needs and its business priorities. RacketPal may, in its sole discretion, discontinue or modify any features of the Platform from time-to-time without prior notice.
RacketPal tries to make sure that content on the Platform is accurate and up-to-date, but cannot promise that they will be. RacketPal does not guarantee that the Platform will always be available or be uninterrupted. RacketPal may suspend or restrict of availability of all or any part of the Platform for business or operational reasons. Any support provided to Customer is for information purposes only. RacketPal reserves the right to make changes to the Platform at any time; or not to reply to any queries; or not provide support in connection with the Platform.
In order to use the Platform Customer will need to register for an account on the Platform (your 'Account'). By creating an Account Customer confirms that: (i) Customer is at least 13 years old; and (ii) any information provided to register for an Account is accurate.
Your Account cannot be shared or used by more than one individual at the same time. Individual Customers are not permitted to register or operate more than one Account at any time.
RacketPal is not responsible for websites it links to via the Platform and it has no control over the contents of those sites or resources. Where the Platform contains links to other sites and resources provided by third parties, these links are provided for your information only and Customer acknowledge that Customer access any such third-party websites at your own risk. RacketPal makes no representation or commitment and shall have no liability or obligation whatsoever in relation to the content or use of, or correspondence with, any such third-party websites, or any transaction completed therein, and/or any contract entered into by Customer, with any such third party. Such links should not be interpreted as approval by RacketPal of those linked websites or information Customer may obtain from them and Customer is responsible for reviewing any terms and conditions for any linked websites.
The Platform may include information and materials supplied by third parties, our partners, and by other users of the Platform. This information and these materials have not been verified for accuracy or completeness, nor have they been endorsed or approved by RacketPal. The views expressed by third parties on the Platform do not necessarily represent RacketPal's views or values.
RacketPal has no responsibility or liability for the accuracy of means data and information provided by Customer to RacketPal in connection with Customer's use of the Services ('Customer Data'), or data it receives from third parties.
Under no circumstances will RacketPal be liable in any way for any (i) Customer Data that is transmitted or viewed while using the Services, (ii) errors or omissions in the Customer Data, or (iii) any loss or damage of any kind incurred as a result of the use of, access to, or denial of access to Customer Data.
RacketPal does not guarantee that our Platform will be secure or free from bugs or viruses.
RacketPal reserves the right to decline or cancel an Account registration at any time. RacketPal reserves the right to, at any time, prevent Customer from using the Platform, your Account and/or the Services, including where necessary terminating or suspending your Account and/or terminating these Terms, if it reasonably suspects that Customer is in breach of these Terms and/or any applicable laws.
Customer may cancel your Account registration at any time by contacting RacketPal using the contact details provided above.
All content on the Platform published by RacketPal is in the English language. RacketPal will communicate with Customer in English and cannot guarantee it will be able to communicate with Customer in relation to any communications made in any other language. Customer is recommended to use the English language when using the Platform and any content submitted by Customer in any other language may be removed by RacketPal acting in its sole discretion.
RacketPal may run promotions through the Platform from time to time, which can be withdrawn at any time without notice.

Customer responsibilities when using the Platform

Customer is not permitted to use the Platform for any immoral, illegal, abusive, threatening, discriminatory or harmful purposes, or in any way that harms the reputation of RacketPal and/or its partners. Customer is not permitted to use the Platform to cause harm, annoyance, inconvenience or needless anxiety to any person. Customer is not permitted to use obscene or vulgar language when using the Platform. Customer is not permitted to post on the Platform any links to third party websites containing any content that would not be permitted to be posted directly on the Platform by Customer under these Terms.
Customer must not misuse the Platform in a way that may impair the performance, corrupt the content or otherwise reduce the overall functionality of the Platform (including using the Platform for unauthorised mass-communications, such as "spam communications" or "junk mail"), or by knowingly introducing viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful. Customer must not attempt to gain unauthorised access to the Platform, the server on which the Platform is stored or any server, computer or database connected to the Platform. Customer must not attack the Platform via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, Customer would commit a criminal offence. RacketPal will report any such breach to the relevant law enforcement authorities and RacketPal will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, Customer's right to use the Platform will cease immediately.
In using the Platform, Customer agrees:

to provide and maintain correct and up-to-date information about yourself when Customer uses the Platform, including in respect of your Account;
not to use the Platform for commercial purposes (including any form of commercial advertising), or to commercially exploit or otherwise make the Platform available to any third party (except in accordance with these Terms);
not to access all or any part of the Platform in order to build a product or service which competes with the Platform;
not to attempt to copy, modify, translate, adapt, create derivative works of, display, transmit or distribute all or any part of the Platform;
not to attempt to reverse compile, disassemble, reverse engineer or otherwise reduce to human-perceivable form all or any part of the Platform;
not to use, display, mirror or frame the Platform, or any individual element within the Platform, our name, any RacketPal trade mark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without our express written consent;
not to use any robot, spider, other automatic device or manual process to monitor, download, copy or keep a database copy of the content made available through the Platform;
not impersonate other people, including any employee or representative of RacketPal; and
not to register, anywhere in the world, any intellectual property rights belonging to RacketPal.

Where applicable, Customer may link to the Platform, provided Customer does so in a way that is fair and legal and does not damage our reputation or take advantage of it. Any link must not suggest any form of association, approval or endorsement by RacketPal, where no such association, approval or endorsement exists. RacketPal reserves the right to withdraw any such linking permissions without notice.
If Customer chooses, or Customer is provided with, a user identification code, password or any other piece of information as part of the Platform's security procedures or via setting up or accessing your Account, RacketPal recommends that Customer treats such information as confidential. RacketPal recommends that Customer does not disclose any security information in relation to your Account to any third party for any reason.
Customer is responsible for all activity undertaken on your Account. Customer must also inform RacketPal immediately if there has been any unauthorised usage of your Account. RacketPal is not liable for any loss or damage suffered as a result of any such unauthorised use unless such loss or damage arises directly from RacketPal's failure to provide the Platform with reasonable care and skill.

RacketPal Premium services

'RacketPal Premium' means additional subscription services (including additional features or functionality) which are as described on the Platform and can be purchased by Customer via the Platform.
When Customer places an order for RacketPal Premium via the Platform, acceptance of this order takes place when RacketPal Premium becomes available via your Account (and this means that there is a legally binding contract in place between Customer and RacketPal).
RacketPal Premium is available either: (i) on a rolling subscription basis, with the options for subscription length as set out on the Platform; or (ii) for as long as RacketPal supports RacketPal Premium through payment of a one-off fee. The subscription prices for RacketPal Premium are set out on the Platform. All prices include sales tax at the applicable rate.
Payment of RacketPal Premium subscription is managed through the relevant App Store. By purchasing RacketPal Premium via the relevant App Store, Customer is required to agree to that App Store's terms and conditions, which can be found via the following links:

Apple Store:https://www.apple.com/legal/internet-services/itunes/

Google Play Store:https://play.google.com/about/play-terms/index.html

We have the right to reject a purchase of RacketPal Premium for any reason. If we do need to reject a purchase, we will notify Customer by email and if payment has already been taken, Customer will be entitled to a full refund via the relevant App Store.
In certain circumstances we may need to stop providing certain elements of RacketPal Premium. If this happens and it affects Customer's purchase, we will notify Customer by email and Customer will be entitled to a refund of any unused part of their current RacketPal Premium subscription via the relevant App Store.
Customer can cancel its RacketPal Premium subscription through the App Store at any time, and such cancellation will take effect at the end of the current subscription period.
RacketPal reserves the right to update its RacketPal Premium subscription prices from time to time. We will notify Customer of any price changes before they take effect.
Customer will need access to the internet to access and use RacketPal Premium, and Customer is responsible for any charges that may be incurred in relation to its internet connection. The quality of RacketPal Premium will depend on the type of device being used, the device's resolution settings and the internet connection speed being used to connect to the Platform. RacketPal is not liable to Customer if it is unable to use RacketPal Premium due to a poor internet connection, because your device does not meet the minimum technical requirements, or for any other reason outside of our reasonable control.
We cannot guarantee that any element of RacketPal Premium will be available at any given time, or that access to RacketPal Premium will be uninterrupted, error free or secure. For example, access to RacketPal Premium may be temporarily unavailable while we carry out maintenance or for other technical reasons.
Customer has 14 days from the date of the acceptance of the order to change its mind and cancel your RacketPal Premium order via the relevant App Store. However Customer loses this right to cancel once it starts to use the RacketPal Premium via its Account.
Any RacketPal Premium services that we provide must be as described, fit for purpose and satisfactory quality. If there is another problem with RacketPal Premium, please contact us as soon as reasonably possible.
If RacketPal Premium is faulty, Customer is entitled to a fix of the fault. If the fault cannot be fixed, or has not been fixed within a reasonable time and without significant inconvenient to Customer, Customer may be entitled to a full or partial refund via the relevant App Store. This paragraph sets out some of Customer's key rights. For more detailed information visit the Citizens Advice website at www.citizensadvice.org.uk.

Intellectual property rights

Services. RacketPal is the owner or the licensee of all intellectual property rights in the Services and/or material on the Platform (excluding any Customer Data contained in the Services). RacketPal or its licensors own all intellectual property rights in any data created by or on behalf of RacketPal. All such rights are reserved.
Customer's use of the Services. Subject to compliance with these Terms, RacketPal grants to Customer a limited, non-exclusive, non-transferable, and non-sublicensable right to access and use the applicable Services set out in these Terms for your personal, non-commercial use.
Information Customer provides. All intellectual property rights in information Customer provides to RacketPal (including Customer Data) shall remain owned by Customer or the relevant third-party owner. By agreeing to these Terms, Customer grants RacketPal a royalty-free, worldwide, transferable, non-exclusive, perpetual, irrevocable and sub-licensable licence to de-identify, use, copy or otherwise utilise the information (including Customer Data) to the extent necessary or desirable to perform or provide the Services and to improve RacketPal's products and the Services (including training artificial intelligence and machine learning technologies, improving the Services, operations and systems, combining data with other data sets, and/or deriving benchmarks and other analysis and statistics). Any intellectual property rights in data, analysis and improvements derived from RacketPal's use of information Customer provides shall be owned by RacketPal.
Feedback. Customer grants to RacketPal a royalty-free, worldwide, transferable, sub-licensable, irrevocable, perpetual and non-exclusive license to use, copy or otherwise utilise any feedback or content Customer sends to RacketPal to the extent necessary to perform or provide the Services and to improve RacketPal's products and Services (including training artificial intelligence and machine learning technologies, improving the Services, operations and systems, combining data with other data sets, and/or deriving benchmarks and other analysis and statistics).

Limitation of liability

RacketPal is responsible for loss or damage Customer suffers that is a foreseeable result of RacketPal breaking its contract with Customer or RacketPal's failing to use reasonable care and skill. Loss or damage is foreseeable when it is obvious that it will happen.
RacketPal is not liable for any losses, or any failure or delay in the performance of any obligations under these Terms, due to any actions beyond its control.
To the maximum extent permitted by applicable law, RacketPal shall not be liable or responsible to Customer for any losses resulting from: (i) Customer breaching these Terms or otherwise having acted unlawfully; or (ii) any legal or regulatory requirement imposed on RacketPal.
RacketPal is not liable for business losses. RacketPal has no liability to Customer for any loss of profit, loss of business, business interruption, or loss of business opportunity.
Where a Service is provided free of charge, RacketPal's liability in respect of that Service (howsoever arising under or in connection with these Terms) shall be limited to £1,000.
Nothing in these Terms shall limit RacketPal's liability for: (i) death or personal injury caused by its negligence; (ii) fraud or fraudulent misrepresentation; or (iii) to the extent liability cannot be excluded or limited under any applicable law.

Other important information

Data protection. RacketPal will only use Customer's personal information as set out in its privacy notice, which is available via www.racketpal.co.uk/privacy-policy.
Assignment and other dealings. RacketPal may at any time transfer its rights or obligations under these Terms to another person upon a written notification or a general notice on its website and/or the Platform. Customer may only transfer its rights or obligations under the Terms to another person if RacketPal agrees to this in writing.
Severability. Each of the sections and paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining sections and paragraphs will remain in full force and effect.
Variation. No variation of these Terms is effective unless in writing and signed by RacketPal and Customer (or their authorised representatives).
Waiver. If Customer breaches these Terms and RacketPal takes no action, or if RacketPal delays in taking action, that does not mean that RacketPal has waived its rights and shall be entitled to exercise its rights and remedies. If RacketPal does waive a breach by Customer, RacketPal will only do so in writing (signed by one of RacketPal's Directors), and that shall not mean that RacketPal will automatically waive any later breach by Customer.
Complaints. RacketPal operates a complaints handling procedure that will be used to try to resolve disputes when they first arise. Customer should contact RacketPal if it has any complaints or comments in relation to the Platform, using the contact details given in these Terms.
Third party rights. The Terms are between RacketPal and Customer. No other person shall have any rights to enforce any of its terms.
Entire agreement. These Terms constitute the entire agreement between Customer and RacketPal and they supersede any and all earlier agreements between Customer and RacketPal.
Governing law and jurisdiction. These Terms are governed by English law and Customer can bring legal proceedings in respect of the Terms in the English courts. Additionally, if Customer is a consumer living in Scotland, Customer can bring legal proceedings in respect of the Terms in either the Scottish or the English courts; or if Customer is a consumer living in Northern Ireland, Customer can bring legal proceedings in respect of the Terms in either the Northern Irish or the English courts.

These Terms were published on 27/02/2023.