Terms & Conditions

GENERAL PROVISIONS

  1. The following Regulations (hereinafter: “Regulations”) specify the rules, the conditions and the scope of the use of iChallenge mobile application, which is designed for mobile devices with iOS operating system (hereinafter: “Application”), and they constitute Regulations within the meaning of Article 8 of the Act of 18 July 2002 on provision of services by electronic means issued by the Republic of Poland.
  2. Racket Science Studios sp. z o.o. (hereinafter: “Operator”) is the Application owner and operator, as well as the provider of the services resulting from the use of the Application.
  3. The user of the Application within the meaning of the Regulations is a natural person, who downloaded and installed the Application on his/her own mobile device and uses the functionalities it offers (hereinafter: “User”).
  4. The Application can be downloaded from AppStore online store.
  5. At the moment of downloading and installation of the Application on a mobile device (hereinafter: “Device”) of the User, he or she enters into an agreement with the Operator on provision of services by electronic means using the Application, and he or she accepts the Regulations at the same time.
  6. The main function of the Application is to analyse tennis shots. The condition for proper functioning of the Application is to strictly follow the Application instructions.
  7. Downloading of the Application from the stores mentioned in the Regulations, as well as the use of the basic services it offers, is chargeable.
  8. Data transmission costs, resulting from downloading, installation, launch and use of the Application, are covered by the Users in their own capacity, on the basis of the agreements concluded with telecommunications operators or other providers of Internet services. The User is responsible for any charges resulting from data transmission, which is necessary to use the Application. The Operator recommends using an application or an operating system function to measure the amount of the data transferred.

TECHNICAL REQUIREMENTS AND APPLICATION ACCESS RULES

  1. The Application is available to every person who uses Devices which meet the technical requirements specified below, and to which the Application is downloaded to from the application store, and on which it is correctly launched.
  2. The User’s Device, on which the Application is to be launched, should meet the technical requirements related to the operating system for the Application downloaded from AppStoreiOS store in 9.0 version (or higher).
  3. Downloading and installation of the Application from other sources than mentioned above amount to infringement of the Regulations. The above provision does not refer to the User’s Devices to which the application has been preloaded by a manufacturer and the Operator has agreed to this fact.
  4. The Application requires the following active connections of the Device in order to be started and work correctly: Internet, Bluetooth or Wi-Fi.
  5. The User should register in the Application in order to use its functionalities.

COPYRIGHT AND RELATED RIGHTS

  1. The Application and all the materials and information included, in particular texts, navigational solutions, selection and layout of the content presented in the Application, logotypes, graphic elements and trademarks are the subject of exclusive rights of Racket Science Studios sp. z o.o.
  2. When downloading the Application, the Operator grants to the User a nonexclusive licence to use the Application in the way it has been designed for, in accordance with the rules specified in a separate licence agreement after its conditions has been accepted by the User. The Operator ensures free access to the content of the licence agreement mentioned in the previous sentence, by means of the Application and its reference to an external website.
  3. The User has no right to multiply, sell, market or distribute in any way the downloaded Application, as a whole or in parts, in particular to send it or share it in computer systems and networks.

RULES FOR USE OF THE APPLICATION

  1. The User is obliged to use the Application in a way consistent with the applicable law, the Regulations and rules of the stores where the Application has been downloaded from, and also with the public policy, including general rules for use of the Internet and mobile applications.
  2. In particular, the User is obliged to:
    • use the Application and the Device in a way which does not interfere with their functioning;
    • use the Application and the Device in a way which is non-arduous to other users and the Operator, ensuring respect for personal goods of third parties and all the other rights they have;
    • use all the information and materials provided by the Application only in the extent of permitted use.
  3. The User is obliged to inform the Operator immediately about each case of infringement of its rights resulting from the use of the Application.
  4. The User shall be exclusively responsible for actions taken in relation to the use of the Application.

RESPONSIBILITY OF THE OPERATOR

  1. The Operator runs ongoing supervision over technical functioning of the Application, ensuring its correct functioning.
  2. The Operator does not guarantee the correct functioning of the Application in any case or the lack of conflict with other applications installed in the User’s device.
  3. The User uses the Application in a voluntary way, at his/her own risk and he/she should ensure the possibility of correct functioning of the Application in the scope this factor depends on the User.
  4. The providers of services, applications and websites, other than the Application, are responsible for their functioning.
  5. The Operator’s responsibility for any damages resulting from the use of the Application is to be excluded, both in case of property losses and loss of profits – everything to the widest possible extent which is permitted by the legal system.
  6. The Application was designed only for entertainment purposes and it cannot be used to evaluate the results of tennis matches. The Operator does not guarantee the correctness of the evaluations made with the use of the Application and it does not dispense the Users from taking actions to evaluate the correctness of tennis shots on their own.

TERMINATION OF THE USE OF THE APPLICATION

  1. The User can stop using the Application at any time, especially when he/she does not accept the changes made to the Regulations, Privacy Policy or the Application update. In order to stop using the Application, it should be deleted from the Device.
  2. In case of activities, which are subsequently found to be illegal or inconsistent with the Regulations, or which infringe public policy or are detrimental to the Operator’s interests, especially its goodwill, the Operator has the right to take any actions permitted by law, including limitation of the possibility to use the Application and its services by the User.

PRIVACY POLICY

  1. The Users' Personal Data Administrator is Racket Science Studios sp. z o.o.
  2. The Operator enables the Users to execute their own rights arising from the entry into force of the Regulation (EU) No 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data, in particular the right to access their personal data, the right to change and delete or limit the processing of their personal data and the right to object in cases specified in the provisions of this act.
  3. The acceptance of these Regulations means simultaneous consent to processing of personal data which are necessary to execute the agreement by the Administrator, and which are mentioned in these Regulations.
  4. The Operator is not responsible for privacy policy applied by owners and administrators of websites to which the User can be redirected to by references which can be found in the Application and for policy of the Application suppliers, especially Apple company.

COMPLAINTS

  1. Any complaints related to the use of the Application and provision of its services, as well as questions related to the Application should be sent to the Operator to the email address: hi@ichallenge.mobi.
  2. Complaints should include: User’s first name, surname, phone number and email address, name and model of the Device, current version of the ICT system installed in the Device, as well as precise description and the reason of the complaint.
  3. The Operator shall consider the complaint and inform the User how the complaint will be handled via email within 14 days. In a situation when the data or the information provided in the complaint need to be supplemented, the Operator shall ask the User to add the missing information before the complaint is considered. The time needed to complete the User’s additional information shall extend the period of complaint handling procedure.

VERIFICATION OF CORRECT FUNCTIONING OF THE APPLICATION

  1. The Application enables the User to send a photo and video material to the Operator in order to verify correctness of the reading of a tennis shot result. Sending of the material will enable modifications of the Application resulting in improved functioning and preventing errors in the future. The Operator may use the materials sent, but no obligation exists in this scope in relation to the User.
  2. Any materials sent are the sole responsibility of the User. In case when the sent materials include images of other people, the User shall guarantee on his/her behalf and on behalf of these people that none of them shall make any claims to the Operator.
  3. The Operator shall use the materials sent only in order to make an evaluation of the correct functioning of the Application. However, it can publish the materials sent after the image of the people they present is deleted/blurred.
  4. The Operator is not obliged to archive the materials sent and it can delete them at any time.
  5. The Operator shall not be obliged to reply to the materials sent or present the results of its analyses and the improvement made.

FINAL PROVISIONS

  1. The issues not covered by these Regulations shall be governed by respective laws, especially the Act of 23 April 1964 - Civil Code, the Act of 4 February 1994 on copyright and related Rights, and also the Act of 18 July 2002 on provision of services by electronic means.
  2. The Regulations can be accessed using the Application or ichallenge.mobi website.
  3. The Operator reserves the right for changing the Regulations at any time. The User shall be informed about the changes at least 7 days earlier, and also during the first start of the Application after the notification of changes in the Regulations. The changes come into force at the time specified in the notification. The changes are thought to be accepted by the User at the moment he/she starts using the Application after the changes are in force.
  4. In the event of invalidity or ineffectiveness of any provisions of the Regulations, the other provisions of the Regulations remain in full force and effect.
  5. Any disputes related to the Regulations and the issues it covers shall be settled by the court competent for the registered office of the Operator.
  6. The Regulations shall apply with effect from 1 July 2017.