Last updated: Sep 27, 2024

Valid from: 27.09.2024

Table of contents

1. introduction

2 Who we are

3 Registration and access

4. use of our services

5 Content

6 Our intellectual property

7 Paid services

8. availability of the services

9. security and data integrity

10. deletion of the account

11. our obligations to you

12. dispute resolution

13. other terms and conditions

14 Addendum for Business Use of the Services

Introduction

Thank you for using JANNIK! These Terms and Conditions (“Terms”) govern your use of JANNIK AI and all related software applications, technologies and websites (“Services”). By confirming that you accept these Terms or by using the Services, you are entering into a contract with us.

Language version

If these Terms and Conditions are translated into other languages, only the German version of these Terms and Conditions shall prevail in the event of any inconsistencies or discrepancies.

Updating the GTC

These GTC apply until new GTC are issued for JANNIK AI and also for all future business transactions, even if these are concluded without renewed reference to these GTC.

Privacy Policy

Our Privacy Policy explains how we collect and use personal data. Although it is not part of these terms and conditions, it is an important document that you should read.

Terms of Use

Our Terms of Use explain how you must use our service. This document is also important and should be read by you.

Who we are

JANNIK AI is a software company with a vision to change the way tennis is coached. JANNIK enables all tennis players, regardless of age and skill level, to improve their tennis game. For more information about JANNIK AI and the product, please visit www.jannik.ai

 Our services are provided to you by:

Tico AI FlexCo

Schilfweg 6/5

4621 Sipbachzell

E-Mail: contact@jannik.ai

Registration and access

Minimum age

You must be at least 13 years old or the minimum age required in your country to agree to use the Services. If you are under 18, you must have the permission of your parent or guardian to use the Services and ask them to read these Terms with you.

Registration

You must provide accurate and complete information, and update it as necessary, to register for an account to use our Services. You may not share your account credentials or make your account available to others and are responsible for all activities that occur through your account. If you are creating an account or using the Services on behalf of another person or organization, you must be expressly authorized to accept these Terms on their behalf. This authorization may be requested by us at any time.

Use of our services

License to use the Services

JANNIK AI grants you a non-exclusive, non-transferable, revocable license to use the Services in accordance with these Terms. This license is for your personal use of the Services only and not for commercial exploitation unless expressly agreed in writing.

What you may do

Subject to your compliance with these Terms, you may access and use our Services. You must comply with the following when using our Services:

- Comply with all applicable laws as well as the policies mentioned above.

What you must not do

You may not use our services for illegal, harmful or abusive activities. In particular, you must not:

- Use our Services in any way that infringes, misuses or violates the rights of others.

- Modify, copy, rent, sell or distribute our services.

- Attempt to reverse engineer, decompile or discover the source code or underlying components of our Services, including our algorithms or systems (unless this restriction is prohibited by applicable law).

- Extract data or output automatically or programmatically.

- Pretend that any Output was created by humans when it was not.

- Interfere with or disrupt the operation of our Services, including by circumventing rate limits or restrictions or by circumventing safeguards or security measures.

- Use the output to develop systems that compete with JANNIK AI.

Third party services

Our Services may include third party software, products, services and outputs (“Third Party Services”). Third Party Services are subject to their own terms and conditions and we are not responsible for them.

feedback

We welcome your feedback on our services. You agree that we may use this feedback to provide, maintain, develop and improve our Services without compensation to you. Please send your feedback in writing by email to contact@jannik.ai.

Content

Your content

You can provide input to the Services (“Input”) and receive output from the Services based on the Input (“Output”). Input and Output are collectively referred to as “Content”. You are responsible for the Content, including ensuring that it does not violate any applicable laws or these Terms. You represent and warrant that you have all rights, licenses and permissions necessary to provide Inputs to our Services.

Ownership of Content

As between you and JANNIK AI, you (a) retain your ownership rights in the Submissions and (b) own the Output to the extent permitted by applicable law. We hereby assign to you all of our rights in the Content you create.

Similarity of the Content

Due to the nature of our Services and artificial intelligence in general, the Output may not be unique and other users may receive similar results from our Services. Our transfer above does not extend to results from other users or results from third party providers.

Our use of content

We may use your Content to provide, maintain, develop and improve our Services, comply with applicable law, enforce our terms and policies, and ensure the security of our Services.

Accuracy

Artificial intelligence and machine learning are rapidly evolving fields of research. We are constantly working to improve our services to make them more accurate, reliable, secure and useful. Due to the probabilistic nature of machine learning, in some situations the use of our services may produce results that do not accurately reflect real people, places or facts.

When you use our services, you understand and accept that

- Results may not always be accurate. You should not rely solely on results from our Services as a source of truth or factual information.

- You must check the results for accuracy and suitability for your use case, including the use of human review, before using or sharing results from the Services.

- You may not use results relating to an individual for any purpose that could have a legal or material effect on that individual, such as credit, education, employment, housing, insurance, legal, medical or other important decisions about them.

- Our services may provide incomplete, inaccurate or objectionable results that do not reflect the views of JANNIK AI. Where results refer to third party products or services, this does not necessarily mean that the third party endorses or is affiliated with JANNIK AI.

Our intellectual property

We and our partners own all right, title and interest in and to the Services. You may only use our name and logo in direct agreement with us. For inquiries, please contact contact@jannik.ai.

Paid Services

Paid subscriptions

Most of our services require a paid subscription. You can manage your paid subscription in your account settings.

Fees

All fees, including subscription fees, will be made clear to you prior to purchase.

Billing

When you sign up for a paid subscription or purchase Services, you must provide complete and accurate billing information, including a valid payment method. For paid subscriptions, we will automatically charge your payment method at each agreed periodic renewal until you cancel. Renewal dates are based on the subscription you select and purchase. If your payment cannot be completed, we may block your access to our services, permanently or until payment is received.

Cancellation

You can cancel your paid subscription at any time by updating your account settings. You will not be charged after canceling your paid subscription. You will continue to have access to paid services until the end of the subscription period for which you have paid. Your cancellation will take effect from that date. If you cancel, we will delete your data within 30 days, unless we need to keep a limited amount of data for longer if required by law. Unless we specify otherwise, you will not receive a refund or service credit for the days between the day you cancel and the last day of the subscription period for which you have paid.

Right of withdrawal

In principle, you have the right to cancel a contract within 14 days without giving any reason. The withdrawal period is 14 days from the day the contract is concluded. However, you lose your right of withdrawal and therefore the right to a refund if you agree to the following conditions:

- By expressly agreeing to our terms and conditions, you lose your right of withdrawal as soon as the digital software has been used.

- You confirm that you have been informed of the loss of the right of withdrawal and expressly accept this loss if you use or download the digital software or digital content.

Price changes

We may change our prices from time to time. If we increase our subscription prices, we will notify you at least 30 days in advance. Any price increase will take effect at your next renewal, so you can cancel if you do not agree with the price increase.

Availability of services

Availability and maintenance

JANNIK AI endeavors to keep the Services available at all times. However, there may be interruptions, in particular due to maintenance work, updates or technical problems beyond our control. JANNIK AI accepts no liability for any downtime or unavailability of the Services.

Changes to the services

JANNIK AI reserves the right to modify or discontinue the Services or remove certain features at any time. Such changes may be made without prior notice, unless they affect essential elements of the contract, in which case we will inform you in good time.

Security and data integrity

Security obligations

JANNIK AI is committed to taking reasonable security measures to protect the integrity and security of your data. However, despite these measures, we cannot guarantee absolute security and are not responsible for unauthorized access caused by circumstances beyond our control.

Loss of data

JANNIK AI accepts no liability for the loss of data caused by the user or third parties. It is your responsibility to make regular backups of your data.

Deletion of the account

Your rights

You can delete your account and terminate your relationship with JANNIK AI at any time by updating your account settings. If you delete your account, you will no longer be able to access the Paid Services. If you delete your account, we will delete your data within 30 days, unless we need to keep a limited amount of data for longer if required by law. You will also not receive a refund if you delete your account.

Rights of JANNIK AI

We may take action to suspend or terminate your access to our Services or close your account if we determine, in our reasonable and objective judgment, that:

- You have breached these Terms or our Acceptable Use Policy.

- We must do this to comply with the law.

- Your use of our Services could cause risk or harm to JANNIK AI, our users or others.

Objections

If you believe that we have suspended, terminated or deleted your account in error, you may appeal to us by contacting support at contact@jannik.ai.

Loss of data

JANNIK AI accepts no liability for the loss of data caused by the user or third parties. It is your responsibility to make regular backups of your data.our obligations to you

How we provide the Services

We undertake to provide the Services to you with reasonable skill and care and to act with professional diligence. However, we do not promise to provide the Services forever or in their current form for any particular period of time.

Liability

Provided that we have acted with professional care, we accept no responsibility for any loss or damage caused by us unless it is

- caused by our breach of these Terms; or

- reasonably foreseeable at the time of entering into these Terms.

We accept no responsibility for loss or damage caused by events beyond our reasonable control. We do not exclude or limit our liability to you in any way where it would be unlawful for us to do so. You continue to enjoy the full protection of the laws that apply to you.

Statutory rights

You have certain legal rights which cannot be restricted or excluded by a contract such as these Terms or to which you are legally entitled, for example because you are a consumer. These Terms are not intended to affect or limit those rights in any way.

Dispute resolution

Concerns

If we have a dispute, we first want to understand your concerns and try to resolve them before we take formal legal action. To tell us about your concerns, you are welcome to contact support at contact@jannik.ai.

Court of law

If we are unable to resolve our dispute, you or we may have recourse to your local courts.

Alternative dispute resolution for consumers in the EEA

If you are located in the EEA, you can also submit the dispute to an alternative dispute resolution entity via the European Commission's Online Dispute Resolution (ODR) platform, which can be found at https://ec.europa.eu/consumers/odr.

Further conditions

Assignment

You may not assign or transfer any rights or obligations under these Terms. We may assign or transfer our rights or obligations under these Terms to an affiliate or subsidiary, or a legal successor of an entity affiliated with our Services. If we do so, this will not affect your rights as a consumer. If you are not satisfied, you have the right to terminate your relationship with JANNIK AI and stop using our Services at any time.

Changes to these terms or our services

We are constantly working to develop and improve our services. We may update these Terms or our Services from time to time. For example, we may change these Terms or the Services for the following reasons:

- Changes in the law or regulatory requirements.

- Safety or security reasons.

- Circumstances beyond our reasonable control.

- Changes we make as part of the normal development of our Services.

- To adapt to new technologies.

We will notify you at least 30 days in advance of any changes that materially adversely affect you and provide you with the date on which they will take effect, either by email or via a notice on the Services. Any changes will only apply to our future relationship. If you do not agree to the changes, you must stop using our Services.

Delay in enforcing these Terms

If we or you delay in enforcing any provision of these Terms, either of us may still enforce it later, and it will not prevent us or you from taking action against the other at a later date. If any part of these Terms is found to be invalid or unenforceable, it will not affect the enforceability of any other part of these Terms.

Governing law

These Terms are governed by the laws of the country in which you reside.

Addendum for business use of the Services

Commercial and business use

If you use our Services for commercial or business purposes, the following terms apply. In the event of any conflict between this Business Use Addendum and the other Terms, this Addendum shall prevail.

Limitation of liability

Neither we nor any of our affiliates or licensors shall be liable for any indirect, incidental, special, consequential or exemplary damages, including damages for loss of profits, goodwill, use or data or other losses, even if we have been advised of the possibility of such damages. Our total liability under these terms will not exceed the greater of the amount you paid for the service that gave rise to the claim during the 12 months before the liability arose or one hundred euros (€100). The limitations in this section apply only to the extent permitted by law.

Some countries and states do not allow the exclusion of liability for certain warranties or the limitation of certain damages, so some or all of the above terms may not apply to you and you may have additional rights. In that case, these terms will only limit our liability to the maximum extent permitted by law in your country of residence.

Indemnification

If you are a business or organization, to the fullest extent permitted by law, you indemnify us, our affiliates and our personnel against all costs, losses, liabilities and expenses (including attorneys' fees) arising out of or related to any third party claims arising from your use of the Services and Content or any breach of these Terms.

Applicable law (business use)

These terms and conditions are subject to Austrian law. All claims arising out of or in connection with these terms and conditions shall be brought exclusively before the ordinary courts of Austria.