Terms of Service

Effective August 1st, 2024

These Terms constitute a legally binding agreement between you and Edu Tennis Inc., its subsidiaries, representatives, affiliates, officers, and directors (collectively, “Edu Tennis Inc.,” “we,” “us,” or “our”) governing your use of Edu Tennis Inc.’s website and service, or services directly related to Edu Tennis Inc.’s website and service, including (without limitation) all websites, mobile applications, and other interactive properties through which such services are delivered or facilitated by Edu Tennis Inc. (collectively, the “Service” or “Services”).

By accessing and/or using our Services, whether or not you open an account, you are agreeing to the Terms, the terms and conditions of our Privacy Policy, and any other legal notices or other rules, policies, and procedures relating to the Services that we may publish from time to time (collectively, the “Governing Documents”). Therefore, please carefully review these documents. If you do not agree, do not access and/or use the Services. If there is a conflict between these Terms and any other terms and conditions covering a specific area of the Services, the latter terms and conditions shall control unless they expressly state otherwise.

You can use these Services, at different times, as either a Student or an Instructor or both. When these Terms refer to “Instructors,” they specifically refer to those who use the Service to teach, advise, and/or mentor; upload classes or similar content; or provide other similar services; and who have the opportunity to earn payments from Edu Tennis Inc. or an Edu Tennis Inc. partner for such activity. When these Terms refer to “Students“ they refer to those who use the Service for any other purpose, including when you browse the Service or watch classes posted by Instructors. Unless otherwise specified, the use of “you” (or similar words like “your”) and “user” or “users” refers to both Students and Instructors, as applicable.

If you are a Instructor, your access to and use of the Service are additionally subject to the Instructor Rules and Requirements.

In these Terms, the words “including” and “include” mean “including, but not limited to.”

We may, at our sole discretion, modify these Terms at any time. By accessing the Service at any time after such modifications, you are agreeing to such modifications.

If you accept these Terms on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity to these Terms and, in such event, “you” and “your” will refer and apply to that company or other legal entity.

Table of Contents

  1. Account Terms

  2. Prohibited Uses

  3. Our Materials and License to You

  4. User Content

  5. If You See Something That Infringes Your Copyright

  6. Class Action Waiver

  7. Disclaimer of Warranties

  8. Limitation of Liability

  9. Indemnification

I. Account Terms

Students and Instructors must be at least 18 years of age to create an account on Education.Tennis websites and use the Services. If you are younger than 18 but above the required age for consent to use online services where you live (for example, 13 in the U.S. or 16 in Ireland), you may not set up an account, but we encourage you to invite a parent or guardian to open an account and help you watch or participate in classes or other content that is appropriate for you.

Additionally, the following terms apply to your use of the Service and any account that you may open or attempt to open via the Service:

  • You must provide us with the following information in order to create an Education.Tennis account: an email address you control and use.
  • You must keep all of your information up to date.
  • You must be a human to open an account. Accounts registered by “bots” or other automated methods are not permitted.
  • Your account must be used by you alone. You may not share your account, your login information, access to your Edu Tennis Inc. account, or any content contained on the Service with anyone else and you may not create an email alias for purposes of sharing your Education.Tennis account with other individuals or groups. This rule does not apply solely where an organization has created a single account for the limited purpose of publishing course material on behalf of multiple Instructors, with the permission of each of those Instructors.
  • You are responsible for maintaining the security of your account and password. We view any actions taken by your account as taken by you. Edu Tennis Inc. will not be liable for any loss or damage from your failure to comply with this security obligation.
  • Your use of the Service is subject to all applicable laws and regulations. You will use the Service only for lawful purposes.
  • Our Service may integrate with third-party tools to provide certain features or functionality. By using our Service, you agree to be bound by the terms of service and privacy policies of these third-parties.
  • You will comply with our Community Guidelines whenever you use the Service.
  • You will use any data associated with the Service in accordance with our Privacy Policy.
  • By enrolling in a course, you grant us permission to share your information, including personal data (as specified in our Privacy Policy), with the Instructor offering the course.
  • You acknowledge that we may establish general practices and limits concerning use of the Service, including without limitation the maximum period of time that data or other content will be retained by the Service and the maximum storage space that will be allotted on our servers on your behalf.
  • You agree that we have no responsibility or liability for the deletion or failure to store any data or other content maintained or uploaded by the Service.
  • You can terminate your account at any time by contacting us by email at contact@education.tennis. Review our Privacy Policy to see what happens when you terminate your account.
  • We may terminate your account and delete any content contained in it if there is no account activity (such as a log in event or payment) for over 12 months. However, we will attempt to warn you by email, using the email address we have for you on file, before terminating your account, in an effort to provide you with an opportunity to log in to your account so that it remains active.

If you contact us to request access to an account, we will not grant you such access unless you can provide us with the information that we need to prove you are the owner of that account. In the event of the death of a user, the account of that deceased user will be closed.

We reserve the right to, at any time, without notice, modify, suspend, or terminate operation of or access to the Service, or any portion of the Service, for any reason. We further reserve the right to delete or suspend your account: (1) if you violate our Terms, Instructor Rules and Requirements, or our Community Guidelines; or (2) if you are inactive for an extended period of time.

We may use the email address you provide us when you create an Education.Tennis account to share with you marketing or other promotional communications. By creating an account and providing us an email address, you agree to the use of your email address for these purposes. You may opt out of future marketing or promotional communications at any time by unsubscribing from all marketing and promotional communications.

II. Prohibited Uses

To use the Service, you must agree to comply with the following:

  • You will not upload, share, post, transmit, distribute, or otherwise make available any content that you do not have a right to make available under any law or under contractual or fiduciary relationships or that infringes on any patent, trademark, trade secret, copyright, right of publicity, or other intellectual property right of any party.
  • You will not engage in any behavior that constitutes unauthorized or unsolicited advertising, junk or bulk email (also known as “spamming”), chain letters, any other form of unauthorized solicitation, or any form of lottery or gambling.
  • You will not upload, share, post, transmit, distribute, or otherwise make available or partake in any behavior that is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another’s privacy, tortious, contains explicit or graphic descriptions or accounts of sexual acts (including but not limited to sexual language of a violent or threatening nature directed at another individual or group of individuals), or otherwise violates applicable law or our rules or policies.
  • You will not partake in any behavior nor upload, share, post, transmit, distribute, or otherwise make available any content that victimizes, harasses, degrades, or intimidates an individual or group of individuals, including on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability.
  • You will not impersonate any person or entity, including any of our employees or representatives or users, or falsely state or otherwise misrepresent your affiliation with a person or entity.
  • You will not stalk, harass, or harm another person via use of the Services, including Edu Tennis Inc. personnel.
  • You will not harvest or otherwise collect information about other users of the Services, including email addresses, without their express written consent.
  • You will not interfere with any Education.Tennis content or User Content (as defined below).
  • You will not remove any copyright, trademark, or other proprietary rights notices contained in or on the Services, Education.Tennis  content, or any works other than your own.
  • You will not use any robots, spiders, or similar data mining, data gathering, extraction tools, or manual processes to collect, gather, or copy any content or data on or related to the Service in a manner not authorized by Edu Tennis Inc. in writing.
  • You will not distribute viruses or any other technologies that may harm us or the interests or property of our users, or upload, post, email, transmit, or otherwise make available through the Services any material that contains adware, malware, spyware, software viruses, or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment.
  • You will not engage in practices of “screen scraping,” “database scraping,” or any other practice or activity the purpose of which is to obtain lists of users, portions of a database, or other lists or information from the Service, in any manner and any quantities not authorized by Edu Tennis Inc. in writing.
  • You will not interfere or attempt to interfere with the proper working of the Services or any activities conducted through them, including by bypassing any measures we may use to prevent or restrict access to the Services, or by circumventing or manipulating our payment process.
  • You may not frame, mirror, or otherwise simulate the appearance or function of the Services, Edu Tennis Inc. content, or any user’s works, or forge headers, icons, or otherwise manipulate identifiers in order to disguise the origin of any Edu Tennis Inc. content transmitted through the Services.
  • You may not decompile, disassemble, or otherwise reverse engineer the Services, Education.Tennis content, or any portion thereof, or otherwise attempt to derive the source code or other trade secrets embodied in the Services.

III. Our Materials and License to You

All right, title, and interest in and to the Edu Tennis Inc. Services, including our websites, our existing or future applications, our APIs, databases, and the content our employees or partners submit or provide through our Service (but excluding content provided by Instructors and Students) are and will remain the exclusive property of Edu Tennis Inc. and its licensors. Our Services are protected by copyright, trademark, and other laws of both Canada and foreign countries. Nothing gives you a right to use the Edu Tennis Inc. name or any of the Edu Tennis Inc. trademarks, logos, domain names, and other distinctive brand features.

Subject to your compliance with these Terms we grant you a limited, non-exclusive, non-transferable, non-sublicensable, and revocable license to access and use the Services for your personal, noncommercial, and educational use, solely as expressly permitted by these Terms and subject to all the terms and conditions of these Terms and other Governing Documents, all applicable laws, and any additional terms contained on the Service. Any other use of the Services is strictly prohibited. Nothing contained on the Services should be interpreted as granting to you any license or right to use any of the Services, User Content (as defined below), and/or any third-party proprietary content on the Services without the express written permission of Edu Tennis Inc. or the relevant third-party owner, as applicable. Any rights not expressly granted herein are reserved by Edu Tennis Inc..

IV. User Content

These Terms define “User Content” as any design, text, graphic, image, video, logo, button icon, software, audio file, computer code, digital goods, or other content that a user (including both Students and Instructors) posts, submits, transmits, uploads, or otherwise includes or makes available on and/or via the Service. You represent and warrant that you own all intellectual property rights in the User Content and/or have obtained all authorizations and rights, including permission from any copyright or trademark owner or releases from any models or other individuals appearing in any User Content, necessary for you to display, promote, and otherwise exploit the User Content through the Services, and to convey all rights granted under these Terms.

Except as specified otherwise herein and in the Instructor Rules and Regulations, no User Content or other material made available on or through the Service may be copied, modified, reproduced, duplicated, republished, uploaded, posted, transmitted, sold, transferred, publicly displayed, distributed, or used by other users to create derivative works, in any way, without written permission of the applicable rights holder unless such User Content is specifically made available for and authorized to be downloaded from the Service, in which case you are authorized to download a single copy of such content for your own personal, noncommercial, and educational use. For example, certain course materials may be made available as unprotected PDF files that can be downloaded by Students and/or other users of the Service. User Content not made available for download may not be downloaded or copied without prior written permission. Modification of User Content obtained from the Service, for any other purpose, including any commercial purpose, is a violation of the rights of Edu Tennis Inc. or its users or licensors, unless you have obtained express written authorization to the contrary.

We neither endorse nor assume any liability for any User Content posted to the Service. We do not guarantee in any manner the reliability, validity, accuracy, or truthfulness of the User Content. If you access User Content, you rely on any information provided in that User Content at your own risk.

However, we and our agents have the right, at our sole discretion, to remove any User Content that, in our judgment, does not comply with the Governing Documents, applicable law, and/or any other rules of user conduct for the Service, or that is otherwise harmful, objectionable, or inaccurate. We are not responsible for any failure or delay in removing any User Content from the Service. You hereby consent to such removal and waive any claim against us arising out of such removal of any User Content, whether it is your own or another user’s. If you believe that User Content on the Edu Tennis Inc. platform violates a patent, trademark, trade secret, right of publicity, or other right of any party, you can contact Edu Tennis Inc. at contact@education.tennis. 

Any feedback, comments, or suggestions you may provide regarding Education.Tennis or the Service is entirely voluntary and you authorize Edu Tennis Inc. to use and share this content with anyone, distribute it and promote it on any platform and in any media, and to make modifications or edits to it as we see fit, without any obligation to you. You agree that you shall have no recourse against Edu Tennis Inc. for any alleged or actual infringement or misappropriation of any proprietary right in your communications to Edu Tennis Inc.

For specific information on copyright and other intellectual property policies related to Instructors and class content, please see our Instructor Rules and Requirements.

For Students Only:

User Content submitted by Students for inclusion on the Service (including any information submitted on message boards, forums, or other public areas of the Service) is referred to in these Terms as “Student Content.” All Student Content is subject to these Terms. Edu Tennis Inc. does not guarantee any confidentiality with respect to Student Content, regardless of whether or not it is published. You are solely responsible for your own Student Content and the consequences of posting or publishing it.

By submitting or posting Student Content on or through the Service, you grant us a worldwide, non-exclusive license (with the right to sublicense) to use, reproduce, distribute, access, view, crop, resize, copy, license, transmit, broadcast, and publicly perform and publicly display copies of your Student Content (including your name and image) in any form, medium, or technology, including all media or distribution methods, now known or later developed for any lawful purpose. This includes making your Student Content available to other companies, organizations, or individuals who partner with Edu Tennis Inc. for the syndication, broadcast, distribution, or publication of content on other media, as well as using your Student Content for marketing purposes. You also waive any rights of privacy, publicity, or other rights of a similar nature applicable to all these uses, to the extent permissible under applicable law. You represent and warrant that you have all the rights, power, and authority necessary to authorize us to use any Student Content that you submit. You acknowledge and agree that the foregoing license rights are granted on a royalty-free basis with no compensation paid to you.

V. If You See Something That Infringes Your Copyright

In accordance with the Digital Millennium Copyright Act (“DMCA”), we’ve adopted the following policy toward copyright infringement. We reserve the right to (1) block access to or remove material that we believe in good faith to be copyrighted material that has been illegally copied and distributed by any of our advertisers, affiliates, content providers, members, or users, and (2) remove and discontinue service to repeat offenders.

Procedure for Reporting Copyright Infringements. If you believe that material or content residing on or accessible through the Service infringes your copyright (or the copyright of someone whom you are authorized to act on behalf of), please send a notice of copyright infringement containing the following information to contact@education.tennis to Receive Notification of Claimed Infringement :

  • A physical or electronic signature of a person authorized to act on behalf of the owner of the copyright that has been allegedly infringed;
  • Identification of works or materials being infringed;
  • Identification of the material that is claimed to be infringing, including information regarding the location of the infringing materials that the copyright owner seeks to have removed, with sufficient detail so that Edu Tennis Inc. is capable of finding and verifying its existence;
  • Contact information about the notifier, including address, telephone number, and, if available, email address;
  • A statement that the notifier has a good faith belief that the material identified as infringing is not authorized by the copyright owner, its agent, or the law; and
  • A statement made under penalty of perjury that the information provided is accurate and the notifying party is authorized to make the complaint on behalf of the copyright owner.

Once Proper Bona Fide Infringement Notification is Received. Upon receipt of a proper notice of copyright infringement, we reserve the right to:

  • Remove or disable access to the infringing material;
  • Notify the content provider who is accused of infringement that we have removed or disabled access to the applicable material; and
  • Terminate such content provider’s access to the Service if he or she is a repeat offender.
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Procedure to Supply a Counter-Notice to the Designated Agent. If the content provider believes that the material that was removed (or to which access was disabled) is not infringing, or the content provider believes that it has the right to post and use such material from the copyright owner, the copyright owner’s agent, or, pursuant to the law, the content provider, may send us a counter-notice containing the following information:

      • A physical or electronic signature of the content provider;

      • Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or disabled;

      • A statement that the content provider has a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material; and

      • The content provider’s name, address, telephone number, and, if available, email address, and a statement that such person or entity consents to the jurisdiction of the Federal Court for the judicial district in which the content provider’s address is located, or, if the content provider’s address is located outside the United States, for any judicial district in which Edu Tennis Inc. is located, and that such person or entity will accept service of process from the person who provided notification of the alleged infringement.

If a counter-notice is received, Edu Tennis Inc. may, in its discretion, send a copy of the counter-notice to the original complaining party informing that person that Edu Tennis Inc. may replace the removed material or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider accused of committing infringement, the removed material will be replaced or access to it restored in 10 to 14 business days after receipt of the counter-notice.

VI. Arbitration Agreement

If a Dispute arises between you and Edu Tennis Inc., Edu Tennis Inc. is committed to working with you to try to reach a reasonable resolution. For any such Dispute, both parties acknowledge and agree that they will first make a good faith effort to resolve it informally before initiating any formal dispute resolution proceeding in arbitration or otherwise. Such informal resolution requires first sending a written description of the dispute to the other party. For any Dispute you initiate, you agree to send the written description of the Dispute along with the email address associated with your account, if applicable, to the following email address: contact@education.tennis. The written description must be on an individual basis and provide, at minimum, the following information: your name; a description of the nature or basis of the claim or dispute; the specific relief sought; and proof of your relationship with Edu Tennis Inc.

This informal dispute resolution process is a prerequisite and condition precedent to commencing any formal dispute resolution proceeding. Failure to engage in this process could result in the award of fees against you in arbitration. The parties agree that any relevant limitations period and filing fees or other deadlines will be tolled while the parties engage in this informal dispute resolution process.

For sake of clarification only, the informal dispute resolution negotiation shall be individualized such that a separate negotiation must be held each time either party intends to commence individual arbitration; multiple individuals initiating claims cannot participate in the same informal dispute resolution negotiation, unless mutually agreed to by the parties. If you are represented by counsel, your counsel may participate in the conference, but you shall also fully participate in the conference.

VI. Class Action Waiver

You may only resolve your dispute with Edu Tennis Inc. on an individual basis, and may not bring a claim as a plaintiff or a class member in a class, collective, consolidated, or representative action. Class actions, class arbitrations, collective actions, private attorney general actions, and consolidation with other arbitrations are not allowed.

VII. Disclaimer of Warranties

The Service and all materials included therein (whether housed on the Service alone or also on a third-party platform) are provided on an “as is” and “as available” basis without warranty of any kind, either express or implied, including the implied warranties of merchantability or fitness for a particular purpose, or the warranty of non-infringement. Without limiting the foregoing, we make no warranty that (a) the Service and materials will meet your requirements, (b) the Service and materials will be uninterrupted, timely, secure, or error-free, (c) the results that may be obtained from the use of the Service or materials will be effective, accurate, or reliable, or (d) the quality of any course that you attend via the Service, or any other products, services, or information purchased or obtained by you from the Service, from us or our affiliates, will meet your expectations or be free from mistakes, errors, or defects.

The use of the Service or the downloading or other acquisition of any materials through the Service is done at your own discretion and risk and with your agreement that you will be solely responsible for any damage or loss of data that results from such activities.

In the event that any content available on the Service is also available through any third-party platform, or if Edu Tennis Inc. provides links from the Service to any third-party platform or permits any third-party to link from its platform to the Service, you understand and agree that Edu Tennis Inc. makes no warranty of any kind, express or implied, and accepts no responsibility for any content or practices of such third parties or their platforms. Such platforms are not under the control of Edu Tennis Inc., and Edu Tennis Inc. provides and/or permits these links only as a convenience to you.

Education.Tennis affiliated content available through the Service or a third-party platform or presented at any course represents the opinions and judgments of an information provider, user, Student, Instructor, or other person or entity not connected with us. We do not endorse, nor are we responsible for the accuracy or reliability of, any opinion, advice, or statement made by anyone, including any Instructor(s), other than an authorized Edu Tennis Inc. spokesperson speaking in his/her official capacity.

Edu Tennis Inc. does not (i) directly or indirectly practice medicine, law, or financial planning, (ii) dispense medical, legal, or financial services, (iii) provide medical, legal, or financial advice, or (iv) otherwise convey medical, legal, or financial opinions. You agree and understand that Edu Tennis Inc. assumes no liability for the accuracy or completeness of any content offered on the Service.

To the extent Education.Tennis provides any information regarding health, wellness, or physical exercise through the Service, we do so only in a general way. You acknowledge and agree that the Service is not intended to be, and will not be used as, a substitute for medical treatment by a healthcare professional. You agree to consult your healthcare provider before initiating any physical exercises or wellness practices, and follow your provider’s advice accordingly. You also acknowledge and agree to accept the inherent risks and dangers in participating in new or strenuous health, wellness, and physical exercises. You agree that Edu Tennis Inc. will not be liable for any injury, loss, or damages arising from your access or practice of the Service’s health, wellness, and/or physical exercise content.

Some states or jurisdictions do not allow the exclusion of certain warranties, so some of the above limitations may not apply to you.

VIII. Limitation of Liability

In no event shall Edu Tennis Inc. or its officers, directors, employees, agents, affiliates, and their respective successors and assigns (collectively, the “Edu Tennis Inc. Parties”) be liable to you or any third-party for any special, punitive, incidental, indirect, or consequential damages of any kind, or any damages whatsoever, including those resulting from loss of use, data, or profits, whether or not we have been advised of the possibility of such damages, and on any theory of liability, arising out of or in connection with the Service, any course, or any web site or third-party platform referenced or linked to from the Service or that otherwise displays Edu Tennis Inc.-affiliated content.

Further, neither we, nor any other Edu Tennis Inc. party, shall be liable in any way for any course or other third-party goods and services offered through the Service or through a third-party platform. You agree that Edu Tennis Inc. is not party to any transaction between any Student and/or Instructor and cannot be held responsible for any issues arising from any such transaction. We have no control over and do not guarantee the accuracy or validity of any statement, claim, or offering made by a Instructor, nor do we guarantee the performance or conduct of any Instructor, Student, or third party.

We are also not liable for the acts or omissions of any third parties, including third parties you might interact with during a course. Edu Tennis Inc. generally does not supervise courses and is not involved in any way with the actions of any individuals (whether Students or Instructors) at any course. We generally do not have control over the identity or actions of the individuals who are present at these classes or Events, and we require that our users exercise caution and good judgment when participating in courses. Some courses may carry inherent risk and by participating in those courses, you choose to assume those risks voluntarily. You acknowledge and agree that by participating in any course (whether as a Student or Instructor) you may be exposed to a variety of risks and hazards, which may or may not be foreseen, including (without limitation) personal injury, property damage, and death. You are solely responsible for all costs and/or risks associated with your participation in any course.

To the fullest extent permitted by law, you hereby release and hold harmless Edu Tennis Inc. and each of the other Edu Tennis Inc. Parties from any claims or damages of any kind or nature, known or unknown, suspected or unsuspected, disclosed or undisclosed, relating to your use of the Service or participation in any course, whether as a Student or Instructor, including as it relates to the acts or omissions of any third party used by Edu Tennis Inc. to facilitate the Service or any payments related thereto. You agree and understand and intend that this assumption of risk and release is binding upon you and your heirs, executors, agents, administrators, and assigns.

Some jurisdictions prohibit the exclusion or limitation of liability for consequential or incidental damages, so the above limitations may not apply to you to the extent such jurisdictional restrictions are applicable.

If applicable, you waive California Civil Code Section 1542, which states, in relevant part: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.”

IX. Indemnification

Upon a request by us, you agree to defend, indemnify, and hold us and the other Edu Tennis Inc. Parties harmless from all liabilities, claims, and expenses, including attorneys’ fees, that arise from your violation of these Terms or any of the other Governing Documents, or negligent or wrongful conduct, including with respect to any User Content you upload or place onto the Education.tennis Platform. We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses.