Terms and Conditions for US, CA, UK, AU, and NZ

Last Updated: April 18, 2026

IMPORTANT NOTICE REGARDING ARBITRATION FOR U.S. USERS: PLEASE READ THE BINDING ARBITRATION CLAUSE AND CLASS ACTION WAIVER IN SECTION 9 CAREFULLY. IT AFFECTS HOW DISPUTES ARE RESOLVED AND YOUR RIGHTS TO SUE IN COURT.

§ 1 Scope and Contracting Party

1.1 Contracting Party

These Terms and Conditions (the "Terms") govern the relationship between you (the "User") and:

One Tree Hill GmbH
Oppenheimer Landstr. 70
60596 Frankfurt am Main
Germany
Email: info@tennisflow.app

(hereinafter "Provider", "we", or "us")

regarding your use of the mobile application "TennisFlow" (the "App") and the corresponding website tennisflow.app (the "Website").

1.2 Scope

These Terms apply exclusively to users residing in the United States (US), Canada (CA), the United Kingdom (UK), Australia (AU), and New Zealand (NZ).

§ 2 Age Requirements and Eligibility

2.1 Minimum Age

You must be at least 13 years old to download, access, or use the App. The App is intended for a general audience and is not knowingly designed or directed to children under the age of 13.

2.2 Parental Consent

If you are under the age of majority in your jurisdiction (typically 18 or 19 years old), you may only use the App under the supervision and with the prior express consent of a parent or legal guardian who agrees to be bound by these Terms.

§ 3 App Features and Video Recording

3.1 Features

TennisFlow is an AI-powered app for analyzing tennis videos recorded by the user with the App. It provides insights into the number and type of tennis strokes, strengths and weaknesses, and, where applicable, suggestions for improvement and training recommendations.

3.2 Safe Equipment Setup

The App relies on video recording via a smartphone mounted on a fence mount or tripod. The User is solely responsible for ensuring that the equipment is mounted securely and safely, in a way that does not pose any danger to the User, other players, spectators, or the equipment itself. The Provider assumes no liability for damages or injuries arising from improperly secured equipment.

3.3 Video Privacy (Local Processing)

All video analysis is performed locally on the User's device. No video or audio recordings are uploaded to the Provider’s servers or any third-party clouds.

§ 4 Subscriptions and Payments

All purchases and subscriptions are handled entirely through the Apple App Store. The Apple Media Services Terms and Conditions apply. We do not process payments directly. If you wish to cancel or manage your subscription, or request a refund, you must do so through your Apple ID settings.

4.1 Prices and Taxes

The current prices and subscription models can be viewed in the Apple App Store and on the Website. The price displayed to you in the Apple App Store at the time of purchase is decisive. Depending on your country of residence, the displayed price may include sales tax, value-added tax (VAT), goods and services tax (GST), or comparable charges, or such taxes may be shown or added separately. In countries such as the United States, App Store prices are often displayed without tax (net prices); the final amount is determined at checkout. Prices shown on the Website are for guidance only and may differ from the App Store price.

§ 5 Indemnification

To the fullest extent permitted by applicable law, you agree to indemnify, defend, and hold harmless the Provider, its officers, directors, employees, and agents from and against all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or related to:

  • Your use of the App;
  • Any bodily injury, property damage, or claims by third parties resulting from your failure to safely mount or position your smartphone or tripod (as outlined in § 3.2);
  • Your violation of any right of a third party, including intellectual property, privacy, or publicity rights related to your video recordings;
  • Your violation of these Terms.

§ 6 Disclaimer of Warranties

THE APP AND ALL CONTENT AND SERVICES DESCRIBED HEREIN ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE PROVIDER EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

THE PROVIDER DOES NOT WARRANT THAT THE APP WILL MEET YOUR REQUIREMENTS, BE UNINTERRUPTED, COMPLETELY SECURE, ERROR-FREE, OR ACCURATE. YOU EXERCISE AND RELY ON ANY AI-GENERATED WORKOUT RECOMMENDATIONS ENTIRELY AT YOUR OWN RISK.

§ 7 No Professional Coaching or Medical Advice; AI Limitations

7.1 Informational Purpose Only

TennisFlow provides automated technical feedback, stroke classifications, and training recommendations for informational, analytical, and educational purposes only. The App, its features, and any AI-generated insights do not constitute, and must not be used as a substitute for, professional sports coaching, personal instruction, medical advice, physiotherapy, or injury prevention guidance.

7.2 User Responsibility

You are solely responsible for evaluating your physical health, fitness level, and surrounding environment. You must independently verify whether any exercise, technique adjustment, or training suggestion provided by the App is appropriate, safe, and suitable for your specific skill level and physical condition. Always consult a qualified coach or medical professional before starting any physical training.

7.3 AI Fallibility

You explicitly acknowledge and agree that the App utilizes artificial intelligence, computer vision, and machine learning models to analyze video footage. AI-generated analyses, metrics, and recommendations are inherently automated and may be incomplete, inaccurate, subject to errors, or unsuitable for your specific situation. Reliance on any data or insights generated by the App is strictly at your own risk.

§ 8 Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE PROVIDER BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (A) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE APP; (B) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE APP; OR (C) UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT.

EXCEPT AS OTHERWISE PROVIDED IN SECTION 10 (COUNTRY-SPECIFIC PROVISIONS), THE PROVIDER EXPRESSLY DISCLAIMS ALL LIABILITY FOR ANY PERSONAL INJURY OR PROPERTY DAMAGE RESULTING FROM THE USE OF THE APP, INCLUDING, WITHOUT LIMITATION, INJURIES SUSTAINED WHILE FOLLOWING APP-RECOMMENDED WORKOUTS, OR INJURIES/PROPERTY DAMAGE CAUSED BY FALLING DEVICES OR TRIPODS.

IN NO EVENT SHALL THE PROVIDER'S AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE APP EXCEED THE GREATER OF FIFTY U.S. DOLLARS ($50 USD) OR THE AMOUNT YOU PAID THE PROVIDER IN THE PAST TWELVE MONTHS.

§ 9 Binding Arbitration and Class Action Waiver (U.S. Users Only)

9.1 Binding Arbitration

For Users residing in the United States, you and the Provider agree that any dispute, claim, or controversy arising out of or relating to these Terms or the App shall be settled by binding arbitration administered by the American Arbitration Association (AAA) in accordance with its Consumer Arbitration Rules. The place of arbitration shall be New York, New York, or conducted virtually by mutual agreement, and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. Except that each party retains the right to bring an individual action in small claims court and the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of a party's copyrights, trademarks, trade secrets, patents, or other intellectual property rights.

9.2 Class Action Waiver

YOU AND THE PROVIDER AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.

Further, unless both you and the Provider agree otherwise, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding.

§ 10 Country-Specific Provisions

10.1 Australia

Consumer Guarantees: Nothing in these Terms excludes, restricts, or modifies any guarantee, right, or remedy implied or imposed by the Australian Consumer Law (ACL) which cannot lawfully be excluded, restricted, or modified. Our goods and services come with guarantees that cannot be excluded under the Australian Consumer Law. For major failures with the service, you are entitled to cancel your service contract with us, and to a refund for the unused portion. If the failure does not amount to a major failure, you are entitled to have problems with the service rectified in a reasonable time. If liability under the ACL cannot be excluded but can be limited, the Provider's liability is limited to resupplying the services or refunding the cost of the services.

10.2 New Zealand

Consumer Guarantees Act 1993: If you are a "Consumer" for the purposes of the Consumer Guarantees Act 1993 (CGA), and are using the App for personal, domestic, or household purposes, nothing in these Terms limits your rights under the CGA.

10.3 United Kingdom

Consumer Rights Act 2015: Nothing in these Terms shall limit or exclude our liability for death or personal injury caused by our negligence, or for fraud or fraudulent misrepresentation. If you are a consumer, you have legal rights in relation to digital content that is faulty or not as described. These terms do not affect your statutory rights.

10.4 Canada

Canada (General): If you are a consumer residing in Canada, local provincial consumer protection laws may provide you with certain statutory rights and remedies that cannot be excluded. Nothing in these Terms limits your rights under applicable provincial consumer protection legislation. Section 12 (Governing Law and Jurisdiction) shall apply only to the extent permitted by the laws of your province of residence.

Québec (Language Clause): The parties acknowledge that they have required that these Terms and Conditions and all related documents be drawn up in the English language. Les parties reconnaissent avoir exigé que les présentes conditions générales et tous les documents connexes soient rédigés en langue anglaise.

§ 11 Intellectual Property and Ownership

11.1 Provider Ownership

All intellectual property rights in and to the App and the Website, including but not limited to the software code, underlying algorithms, machine learning models, neural network architectures, user interfaces, visual designs, graphics, audio, text, trademarks (including "TennisFlow"), logos, and all related documentation remain the exclusive and sole property of the Provider or its licensors.

11.2 Limited License

Subject to your compliance with these Terms, the Provider grants you a limited, non-exclusive, non-transferable, non-sublicensable, and revocable license to download and use the App on compatible devices solely for your personal, non-commercial use. You may not decompile, reverse engineer, disassemble, or attempt to derive the source code or underlying proprietary technologies of the App.

§ 12 Governing Law and Jurisdiction

Except to the extent applicable law provides otherwise, these Terms and any dispute or claim arising out of it will be governed by the laws of the Federal Republic of Germany, excluding its conflict of law provisions.

If you are a consumer residing in the EU, UK, AU, NZ, or CA, nothing in this section deprives you of the protection afforded to you by provisions that cannot be derogated from by agreement by virtue of the law of your jurisdiction of residence. If the binding arbitration clause (§ 9) is found to be unenforceable or does not apply to you, you agree that the exclusive jurisdiction and venue for any claims will be the state and federal courts located in Frankfurt am Main, Germany, unless local consumer protection laws require a local venue.