JAN METELKA (hereinafter the “TennisFit®”) with address for these purposes in Lloyd Baker Street 42, Flat 1, WX1X9AA, London is the owner of the website http://tennisfitapp.com (hereinafter, ” TennisFit® “), complies with the guidelines of the current regulations on the protection of personal data, Regulation (EU) 2016/679 of April 27, 2016 (GDPR), on the protection of natural persons regarding the processing of personal data and the free circulation of these data.
The User is solely responsible for the veracity and correctness of the data sent to the Provider, exonerating the Provider of any responsibility in respect thereof.
Before or at the time of collecting personal information, TennisFit® will identify the purposes for which information is being collected.
TennisFit® will collect and use personal information solely with the objective of fulfilling those purposes specified by TennisFit® and for other compatible purposes, unless TennisFit® obtains the consent of the individual concerned or as required by law.
TennisFit® will only retain personal information as long as necessary for the fulfilment of those purposes.
TennisFit® will collect personal information by lawful and fair means and, where appropriate, with the knowledge or consent of the individual concerned.
Personal data should be relevant to the purposes for which it is to be used, and, to the extent necessary for those purposes, should be accurate, complete, and up-to-date.
TennisFit® will protect personal information by reasonable security safeguards against loss or theft, as well as unauthorized access, disclosure, copying, use or modification.
TennisFit® will make readily available to customers information about TennisFit®’s policies and practices relating to the management of personal information.
TennisFit® is committed to conducting our business in accordance with these principles in order to ensure that the confidentiality of personal information is protected and maintained.
HOW WE USE YOUR INFORMATION
When you use our website to browse our products and services and view the information we make available, a number of cookies are used by us and by third parties to allow the website to function, to collect useful information about visitors and to help to make your user experience better.
When you submit an enquiry via our website, we ask you for your first and/or last name and email address.
We use this information to respond to your query, including providing you with any requested information about our products and services. We may also email you several times after your enquiry in order to follow up on your interest and ensure that we have answered your request to your satisfaction. We will do this based on our legitimate interest in providing accurate information prior to any transaction.
We do not use the information you provide to make any automated decisions that might affect you.
We keep enquiry emails for two years, after which they are securely archived and kept for five years, when we delete them. CRM records are kept for two years after the last contact with you.
Your information is stored on our website and on our cloud server, both of which are based inside the European Union. However, we take all necessary safety measured and security safeguards in order to protect your personal data and keep it secure.
YOUR RIGHTS AS A DATA SUBJECT
By law, you can ask us what information we hold about you, and you can ask us to correct it if it is inaccurate. If we have asked for your consent to process your personal data, you may withdraw that consent at any time. You can view, correct and delete any such information in the Account Settings page on this website (login required).
If we are processing your personal data for reasons of consent or to fulfil a contract, you can ask us to give you a copy of the information in a machine-readable format so that you can transfer it to another provider.
If we are processing your personal data for reasons of consent or legitimate interest, you can request that your data be erased.
You have the right to ask us to stop using your information for a period of time if you believe we are not doing so lawfully.
Finally, in some circumstances you can ask us not to reach decisions affecting you using automated processing or profiling.
To submit a request regarding your personal data, please use the contact information provided at the bottom of this Policy.
YOUR RIGHT TO COMPLAIN
If you have a complaint about our use of your information, we would prefer you to contact us directly in the first instance so that we can address your complaint. However, you can also contact your local Data Protection Authority depending on the jurisdiction in which you are currently based.
We will update the version number and date of this document each time it is changed.
Information TennisFit® collects and how TennisFit® uses it:
When you use the Website, TennisFit® may collect the following information:
Should you sign up for a “online tennis training program” subscription service, TennisFit® will collect the information necessary to complete that transaction, including credit card, PayPal and/or other payment information. TennisFit® will release such information as reasonable if you commit any fraud or violate any civil, regulatory or criminal law.
You may be required to complete subscription registration forms that provide TennisFit® with correct and up to date contact information (such as your name and street address), your email address, and your phone number(s).
Computer-specific information including, without limitation, the unique computer and/or device ID assigned to your computer, platform type and version, hardware and processor type and human readable hardware name. This information is necessary to identify your account, to simplify sign-on, and to determine the hardware requirements of TennisFit®’s users.
Aggregate (general tracking) and user specific information about pages that users visit on the Website.
User session information, including identification and length (a randomly generated identification created for each time you use the Website, and the amount of time you use the Website, in a single session), which shows TennisFit® user preferences regarding return visits to the Website, helps TennisFit® to manage subscriptions and private areas on the Website, records user specific tracking and/or aggregate tracking information of TennisFit®’s users and delivers customized content based on user specific information, such as browser type, screen type and resolution; TennisFit® may use this information in aggregated form in order to improve future development of the Website.
As an automatic process, TennisFit® may record email and internet protocol (IP) addresses that access the Website for evaluation and diagnostic purposes in order to seek out and repair functionality issues with TennisFit®’s servers and related programming, and to monitor traffic patterns, analyze trends, administer the Website, track use patterns, and identify the most popular areas of the Website to deliver content most relevant to TennisFit®’s users. IP addresses are not linked to your personally identifiable information and are only used to gather broad demographic information for aggregate use and in connection therewith, TennisFit® hereby reserves the right to share aggregated demographic information with TennisFit®’s partners provided that such information will not be linked to your personally identifiable information that identifies you, except in the case of fraud or if TennisFit® determines, in its sole discretion, that it is necessary to enforce compliance to protect the Website, TennisFit®’s users and others.
TennisFit® may be required to disclose your personally identifiable information if a governmental agency, or an attorney, subpoenas your private information, or makes a formal request for discovery pursuant to any legal action, or pending legal action.
TennisFit® may disclose your personally identifiable information if TennisFit® believes you have committed fraud or copyright infringement or have violated our Terms any of the other policies and/or guidelines incorporated therein by reference which govern your use of the Website.
TennisFit® may disclose your personally identifiable information if its attorney requests such information in connection with a current or pending legal matter in which you are a potential or actual party or if you otherwise contributed in some way to the causation of the legal matter.
TennisFit® may also use the information that it collects for internal tracking, review, or for contact purposes and such information is then archived by TennisFit® for future usage.
General Information It is TennisFit®’s policy, except as noted above, not to sell, trade, lease, give away or otherwise release your personally identifiable information, which includes your name, physical address (business or home), home or business telephone number and your e-mail address. It is TennisFit®’s policy not to send unsolicited emails or allow third parties to contact you via the email address that you provide to TennisFit®, however, this excludes any email addresses you used to unlock content downloads, which will be shared with the users providing such download to you in order to contact you. TennisFit® may, from time to time, contact you to discuss business relevant to your subscription and, naturally, TennisFit® will contact you to respond to inquiries that you may send to TennisFit®. Your email address may be published on the Website. We are not responsible for any unwanted email that is sent to you by any third party or entity who has collected your email address from the Website. TennisFit® may, from time to time, send you emails regarding our Website so that TennisFit® can directly communicate with you regarding issues TennisFit® determines to be relevant. TennisFit® does not collect information about its users from third party sources, such as public records or entities, or private organizations. TennisFit® does not knowingly collect identifiable information from or about minors. TennisFit® has implemented security policies, rules and technical measures to protect the personally identifiable information that TennisFit® has under its control. These policies, rules and technical measures help to protect your personally identifiable information from unauthorized access, improper use or disclosure, unauthorized modification, and unlawful destruction or accidental loss. However, note that no policy, rule or technical measure can provide 100% protection against unauthorized access, improper use or disclosure, unauthorized modification, unlawful destruction or accidental loss.
You should inform TennisFit® of any changes to information, which you have previously provided, i.e. changes of address or new information relevant to your personal data and use of TennisFit®’s services.TennisFit® cannot be held responsible for any errors or omissions unless you have informed us of the changes. You must check that any information provided to you by TennisFit® in connection with your use of TennisFit®’s services is accurate and up-to-date.
By using Website:
If you are from the EU, by visiting and using our Website you directly and explicitly agree (opt-in) that your data may be transferred to third countries that DO NOT provide adequate means of data protection. Nevertheless, TennisFit® will take all precautions and relevant measures in order to protect your data according to privacy by default and privacy by design standards. Articles 44-50 of the GDPR cover the specific requirements for transferring personal data to third parties or international organizations. The GDPR does not require that personal data of EU citizens remain exclusively in the EU, but it does have some requirements for such transfers.
You explicitly and directly opt-in your consent to receive marketing materials from the TennisFit® (e.g. newsletters, invitations, offers, notices) to your email box.
As treatment managers, TennisFit® has contracted the following service providers, who have committed themselves to comply with the regulatory provisions of application in terms of data protection,
Bluehost participates and has certified its compliance with the framework of the agreement between the US. and the European Union called Privacy Shield, having undertaken to submit all personal information received from member countries of the European Union to the principles derived from the Privacy Shield.
Mailchimp participates and has certified its compliance with the framework of the agreement between the US. and the European Union called Privacy Shield, having undertaken to submit all personal information received from member countries of the European Union to the principles derived from the Privacy Shield. Adhesion of Google to the Privacy Shield: https://www.privacyshield.gov/participant?id=a2zt0000000TO6hAAG&status=Active
Google participates and has certified compliance with the framework of the agreement between the US. and the European Union called Privacy Shield, having undertaken to submit all personal information received from member countries of the European Union to the principles derived from the Privacy Shield. Adhesion of Google to Privacy Shield: https://www.privacyshield.gov/participant?id=a2zt000000001L5AAI&status=Active
More information about the Privacy Shield on the website of the US Department of Commerce: https://www.privacyshield.gov/welcome
The TennisFit® guarantees in any case to the User the exercise of the rights of access, rectification, cancellation, information and opposition, limitation and portability, in the terms provided in the current legislation. Therefore, you can exercise your rights by sending an express request at the address mentioned in the header and / or by sending an email to firstname.lastname@example.org, indicating in the subject: ARCO Rights, and attaching a photocopy of your ID. In turn, the User has the right to withdraw the consent given at any time. The withdrawal of consent will not affect the lawfulness of the treatment carried out before the withdrawal of consent. https://sedeagpd.gob.es/sede-electronica-web/ .
The data provided by the User, will be kept as long as there is a mutual interest to maintain the end of the treatment and during the period by which they could derive legal responsibilities for the services provided. When it is no longer necessary for this purpose, they will be eliminated with adequate security measures to guarantee the pseudonymization of the data or the total destruction of the same. The Provider reserves the right to modify this policy to adapt it to legislative or jurisprudential changes.
Legal Liability & Disclaimer
I (the author of the “TennisFit®” website) do not claim to be any kind of expert. I am merely attempting to compile information that I have learnt over the years or that has been presented to me by knowledgeable sources or from my own experiences as an athlete and a professional tennis coach over the past years. I am not liable or responsible to any person or entity for any errors contained in any of my “Tennis Training Programs and Courses” or on this website or for any special, incidental, or consequential damage caused or alleged to be caused directly or indirectly by the information contained on this website. All information stated on my site has one purpose and only, and it is to help club tennis players to raise their level of their game and to inspire them to improve.
Any application of the techniques, ideas, and suggestions on the “TennisFit®” website is at the reader’s sole discretion and risk.
I do not accept liability for the content or actions of any website to which “TennisFit®” is linked.
Every participant of my online tennis training program(s) is solely responsible for his own health and therefore any physical activity connected with any of my online tennis training programs has to be discussed with participants own medical doctor before taking part in any of my tennis training programs.
This is not to be construed as Professional Advice.
The information available on the TennisFit® both Website and the App is intended to be a general information resource regarding the matters covered, and is not tailored to your specific circumstance. You should not construe this as legal, accounting or other professional advice. This Website is not intended for use by minors. The Website and services are not intended for children under the age of 13 and children under 13 should not use the Website or services. YOU SHOULD EVALUATE ALL INFORMATION, OPINIONS AND ADVICE AVAILABLE ON THIS WEBSITE IN CONSULTATION WITH YOUR INSURANCE SPECIALIST, OR WITH YOUR LEGAL, TAX, FINANCIAL OR OTHER ADVISER, AS APPROPRIATE. YOU SHOULD NOT RELY ON THIS INFORMATION AS A SUBSTITUTE FOR, NOR DOES IT REPLACE, PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS OR TREATMENT. IF YOU HAVE ANY CONCERNS OR QUESTIONS ABOUT YOUR HEALTH OR THE CONTENT ON THE SITES OR SERVICES, YOU SHOULD ALWAYS CONSULT WITH A PHYSICIAN OR OTHER HEALTH-CARE PROFESSIONAL. DO NOT DISREGARD, AVOID OR DELAY OBTAINING MEDICAL OR HEALTH RELATED ADVICE FROM YOUR HEALTH-CARE PROFESSIONAL BECAUSE OF SOMETHING YOU MAY HAVE READ ON THE SITE OR THROUGH THE SERVICES.
Intellectual Property Rights:
All copyrights, trademarks, patents and other intellectual property rights in and on my website and all content and software located on the site shall remain the sole property of TennisFit® (company) or its licensors. The use of our trademarks, content and intellectual property is forbidden without the express written consent from TennisFit® (company). The “PLB Tennis Method” is a unique tennis teaching method used by Jan Metelka for the past 10+ years and is registered and patented in USA, any use of this method by persons not permitted to by its owner “Jan Metelka” will be directly prosecuted and treated legal way. “Turn Your Forehand Into A Weapon”, “Master Your Tennis Serve”, “Top Outdoor Tennis Fitness Exercises”, “Unlock Your Double Hander”, “Rock Solid Single Hander”, “Pros Tennis Footwork”, “Ultimate Ball Machine Exercises” and other programs on the TennisFit® site or App are registered names of program by “TennisFit® and also any use or copying these programs without permission of his owner “Jan Metelka” will be treated similarly as breaching rules and laws.
You must not:
Republish material from our website without prior written consent.
Sell or rent material from our website.
Reproduce, duplicate, create derivative, copy or otherwise exploit material on our website for any purpose.
Redistribute any content from our website, including onto another website, to your friends, to our competition etc..(Any redistribution against our policy will be directly leading into elimination of participant and this person will be banned from our online tennis training courses for life. Any such attempt will be tracked by our online device and automatically banned.
You may, for non profit and personal or educational uses only, print the pages of “TennisFit®” and the pages of courses you have purchased only.
You have unlimited life time access to particular “TennisFit®” tennis training program(s) which you have purchased. Downloads and reproductions, or reposts of video content of our online tennis training course(s) is strictly prohibited in order to respect works of author and those who support our products with purchase. Any update of any of our online tennis training courses will be sent by email to all participants who purchased specific course(s).
If you have a problem with the “TennisFit®” website, any of the pages on it or the content of any page that is linked to then please email me and I will investigate your claim and decide if further action is required.
TennisFit® – World’s Ultimate Tennis Training App Affiliate Program Terms of Service
By signing up to be an Affiliate in the TennisFit® – World’s Ultimate Tennis Training App Affiliate Program (“Program”) you are agreeing to be bound by the following terms and conditions (“Terms of Service”).
TennisFit® – World’s Ultimate Tennis Training App reserves the right to update and change the Terms of Service from time to time without notice. Any new features that augment or enhance the current Program, including the release of new tools and resources, shall be subject to the Terms of Service. Continued use of the Program after any such changes shall constitute your consent to such changes.
Violation of any of the terms below will result in the termination of your Account and for forfeiture of any outstanding affiliate commission payments earned during the violation. You agree to use the Affiliate Program at your own risk.
- You must be 18 years or older to be part of this Program.
- You must live in the United States to be an Affiliate.
- You must be a human. Accounts registered by “bots” or other automated methods are not permitted.
- You must provide your legal full name, a valid email address, and any other information requested in order to complete the signup process.
- Your login may only be used by one person – a single login shared by multiple people is not permitted.
- You are responsible for maintaining the security of your account and password. TennisFit® – World’s Ultimate Tennis Training App cannot and will not be liable for any loss or damage from your failure to comply with this security obligation.
- You are responsible for all Content posted and activity that occurs under your account.
- One person or legal entity may not maintain more than one account.
- You may not use the Affiliate Program for any illegal or unauthorized purpose. You must not, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
- You may not use the Affiliate Program to earn money on your own TennisFit® – World’s Ultimate Tennis Training App product accounts.
Links/graphics on your site, in your emails, or other communications
Once you have signed up for the Affiliate Program, you will be assigned a unique Affiliate Code. You are permitted to place links, banners, or other graphics we provide with your Affiliate Code on your site, in your emails, or in other communications. We will provide you with guidelines, link styles, and graphical artwork to use in linking to TennisFit® – World’s Ultimate Tennis Training App. We may change the design of the artwork at any time without notice, but we won’t change the dimensions of the images without proper notice.
To permit accurate tracking, reporting, and referral fee accrual, we will provide you with special link formats to be used in all links between your site and the TennisFit® – World’s Ultimate Tennis Training App. You must ensure that each of the links between your site and the TennisFit® – World’s Ultimate Tennis Training App properly utilizes such special link formats. Links to the TennisFit® – World’s Ultimate Tennis Training App placed on your site pursuant to this Agreement and which properly utilize such special link formats are referred to as “Special Links.” You will earn referral fees only with respect to sales on a TennisFit® – World’s Ultimate Tennis Training App product occurring directly through Special Links; we will not be liable to you with respect to any failure by you or someone you refer to use Special Links or incorrectly type your Affiliate Code, including to the extent that such failure may result in any reduction of amounts that would otherwise be paid to you pursuant to this Agreement.
Affiliate links should point to the page of the product being promoted.
Referral fees/commissions and payment
For a Product sale to be eligible to earn a referral fee, the customer must click-through a Special Link from your site, email, or other communications to http://tennisfitapp.com and complete an order for a product during that session.
We will only pay commissions on links that are automatically tracked and reported by our systems. We will not pay commissions if someone says they purchased or someone says they entered a referral code if it was not tracked by our system. We can only pay commissions on business generated through properly formatted special links that were automatically tracked by our systems.
We reserve the right to disqualify commissions earned through fraudulent, illegal, or overly aggressive, questionable sales or marketing methods.
Payments only begin once you’ve earned more than $20 in affiliate income. If your affiliate account never crosses the $20 threshold, your commissions will not be realized or paid. We are only responsible for paying accounts that have crossed the $20 threshold.
Identifying yourself as a TennisFit® – World’s Ultimate Tennis Training App Affiliate
You may not issue any press release with respect to this Agreement or your participation in the Program; such action may result in your termination from the Program. In addition, you may not in any manner misrepresent or embellish the relationship between us and you, say you develop our products, say you are part of TennisFit® – World’s Ultimate Tennis Training App or express or imply any relationship or affiliation between us and you or any other person or entity except as expressly permitted by this Agreement (including by expressing or implying that we support, sponsor, endorse, or contribute money to any charity or other cause).
You may not purchase products through your affiliate links for your own use. Such purchases may result (in our sole discretion) in the withholding of referral fees and/or the termination of this Agreement.
As long as your current affiliate earning are over $20, you’ll be paid each month. If you haven’t earned $20 since your last payment, we’ll pay you the following monht after you’ve crossed the threshold.
Customers who buy products through this Program will be deemed to be our customers. Accordingly, all of our rules, policies, and operating procedures concerning customer orders, customer service, and product sales will apply to those customers. We may change our policies and operating procedures at any time. For example, we will determine the prices to be charged for products sold under this Program in accordance with our own pricing policies. Product prices and availability may vary from time to time. Because price changes may affect Products that you have listed on your site, you should not display product prices on your site. We will use commercially reasonable efforts to present accurate information, but we cannot guarantee the availability or price of any particular product.
You will be solely responsible for the development, operation, and maintenance of your site and for all materials that appear on your site. For example, you will be solely responsible for:
– The technical operation of your site and all related equipment
– Ensuring the display of Special Links on your site does not violate any agreement between you and any third party (including without limitation any restrictions or requirements placed on you by a third party that hosts your site)
– The accuracy, truth, and appropriateness of materials posted on your site (including, among other things, all Product-related materials and any information you include within or associate with Special Links)
– Ensuring that materials posted on your site do not violate or infringe upon the rights of any third party (including, for example, copyrights, trademarks, privacy, or other personal or proprietary rights)
– Ensuring that materials posted on your site are not libelous or otherwise illegal
Compliance with Laws
As a condition to your participation in the Program, you agree that while you are a Program participant you will comply with all laws, ordinances, rules, regulations, orders, licenses, permits, judgments, decisions or other requirements of any governmental authority that has jurisdiction over you, whether those laws, etc. are now in effect or later come into effect during the time you are a Program participant. Without limiting the foregoing obligation, you agree that as a condition of your participation in the Program you will comply with all applicable laws (federal, state or otherwise) that govern marketing email, including without limitation, the CAN-SPAM Act of 2003 and all other anti-spam laws.
Term of the Agreement and Program
The term of this Agreement will begin upon our acceptance of your Program application and will end when terminated by either party. Either you or we may terminate this Agreement at any time, with or without cause, by giving the other party written notice of termination. Upon the termination of this Agreement for any reason, you will immediately cease use of, and remove from your site, all links to http://tennisfitapp.com, and all of our trademarks, trade dress, and logos, and all other materials provided by or on behalf of us to you pursuant hereto or in connection with the Program. TennisFit® – World’s Ultimate Tennis Training App reserves the right to end the Program at any time. Upon program termination, TennisFit® – World’s Ultimate Tennis Training App will pay any outstanding earnings accrued above $20.
TennisFit® – World’s Ultimate Tennis Training App, in its sole discretion, has the right to suspend or terminate your account and refuse any and all current or future use of the Program, or any other TennisFit® – World’s Ultimate Tennis Training App service, for any reason at any time. Such termination of the Service will result in the deactivation or deletion of your Account or your access to your Account, and the forfeiture and relinquishment of all potential or to-be-paid commissions in your Account if they were earned through fraudulent, illegal, or overly aggressive, questionable sales or marketing methods. TennisFit® – World’s Ultimate Tennis Training App reserves the right to refuse service to anyone for any reason at any time.
Relationship of Parties
You and we are independent contractors, and nothing in this Agreement will create any partnership, joint venture, agency, franchise, sales representative, or employment relationship between the parties. You will have no authority to make or accept any offers or representations on our behalf. You will not make any statement, whether on your site or otherwise, that reasonably would contradict anything in this Section.
Limitations of Liability
We will not be liable for indirect, special, or consequential damages (or any loss of revenue, profits, or data) arising in connection with this Agreement or the Program, even if we have been advised of the possibility of such damages. Further, our aggregate liability arising with respect to this Agreement and the Program will not exceed the total referral fees paid or payable to you under this Agreement.
We make no express or implied warranties or representations with respect to the Program or any products sold through the Program (including, without limitation, warranties of fitness, merchantability, noninfringement, or any implied warranties arising out of a course of performance, dealing, or trade usage). In addition, we make no representation that the operation of the TennisFit® – World’s Ultimate Tennis Training App will be uninterrupted or error-free, and we will not be liable for the consequences of any interruptions or errors.
YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT AND AGREE TO ALL ITS TERMS AND CONDITIONS. YOU UNDERSTAND THAT WE MAY AT ANY TIME (DIRECTLY OR INDIRECTLY) SOLICIT CUSTOMER REFERRALS ON TERMS THAT MAY DIFFER FROM THOSE CONTAINED IN THIS AGREEMENT OR OPERATE WEB SITES THAT ARE SIMILAR TO OR COMPETE WITH YOUR WEB SITE. YOU HAVE INDEPENDENTLY EVALUATED THE DESIRABILITY OF PARTICIPATING IN THE PROGRAM AND ARE NOT RELYING ON ANY REPRESENTATION, GUARANTEE, OR STATEMENT OTHER THAN AS SET FORTH IN THIS AGREEMENT.
Any dispute relating in any way to this Agreement (including any actual or alleged breach hereof), any transactions or activities under this Agreement or your relationship with us or any of our affiliates shall be submitted to confidential arbitration, except that, to the extent you have in any manner violated or threatened to violate our intellectual property rights, we may seek injunctive or other appropriate relief in any state or federal court (and you consent to non-exclusive jurisdiction and venue in such courts) or any other court of competent jurisdiction. Arbitration under this agreement shall be conducted under the rules then prevailing of the American Arbitration Association. The arbitrator’s award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise.
This Agreement will be governed by the laws of The United States, without reference to rules governing choice of laws. You may not assign this Agreement, by operation of law or otherwise, without our prior written consent. Subject to that restriction, this Agreement will be binding on, inure to the benefit of, and be enforceable against the parties and their respective successors and assigns. Our failure to enforce your strict performance of any provision of this Agreement will not constitute a waiver of our right to subsequently enforce such provision or any other provision of this Agreement.
The failure of TennisFit® – World’s Ultimate Tennis Training App to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. The Terms of Service constitutes the entire agreement between you and TennisFit® – World’s Ultimate Tennis Training App and govern your use of the Service, superceding any prior agreements between you and TennisFit® – World’s Ultimate Tennis Training App (including, but not limited to, any prior versions of the Terms of Service).