Terms of Service

1. Acceptance of Terms

Welcome to NextSet ("NextSet," "we," "us," or "our"). By accessing or using our website, mobile application, or any services provided by NextSet (collectively, the "Services"), you agree to be bound by these Terms of Service ("Terms").

If you do not agree to these Terms, you may not access or use our Services. We reserve the right to modify these Terms at any time, and your continued use of the Services constitutes acceptance of any changes.

2. Eligibility

To use NextSet, you must be at least 13 years of age. If you are between 13 and 18 years old, you must have parental or guardian consent to use our Services. By using NextSet, you represent and warrant that you meet these eligibility requirements.

3. Account Registration

3.1 Account Creation

To access certain features of our Services, you must create an account. You agree to provide accurate, current, and complete information during registration and to update such information to keep it accurate and current.

3.2 Account Security

You are responsible for:

• Maintaining the confidentiality of your password and account credentials
• All activities that occur under your account
• Notifying us immediately of any unauthorized use of your account

3.3 Account Termination

We reserve the right to suspend or terminate your account at any time, with or without notice, for violating these Terms or for any other reason at our sole discretion.

4. Services Description

NextSet provides an online platform connecting tennis players with coaches, offering:

• Personalized coaching and training programs
• Lesson scheduling and management
• Progress tracking and performance analytics
• Communication tools between players and coaches
• Training resources and educational content

We reserve the right to modify, suspend, or discontinue any aspect of our Services at any time without prior notice.

5. User Responsibilities

As a user of NextSet, you agree to:

• Use the Services only for lawful purposes and in accordance with these Terms
• Provide accurate and truthful information
• Respect the rights and dignity of other users, coaches, and staff
• Attend scheduled lessons or provide adequate notice of cancellation
• Follow your coach's instructions and safety guidelines during training
• Not share your account credentials with others
• Not engage in any conduct that could damage, disable, or impair our Services

6. Prohibited Conduct

You agree NOT to:

• Violate any applicable laws or regulations
• Infringe on the intellectual property rights of NextSet or others
• Harass, abuse, threaten, or intimidate other users, coaches, or staff
• Upload or transmit viruses, malware, or other harmful code
• Attempt to gain unauthorized access to our systems or other users' accounts
• Use automated systems (bots, scrapers) to access our Services
• Impersonate any person or entity
• Post false, misleading, or defamatory content
• Use our Services for any commercial purpose without our written consent

7. Payments and Subscriptions

7.1 Pricing

Pricing for our Services is displayed on our website. We reserve the right to change our fees at any time, with notice provided to active users before such changes take effect.

7.2 Payment Processing

All payments are securely processed through Stripe, Inc., a third-party payment processor. By subscribing, you agree to Stripe's Terms of Service. We do not store your full credit card details on our servers.

7.3 Subscription Terms

• Billing Cycle: Subscriptions are billed monthly or yearly, depending on the plan selected
• Auto-Renewal: Your subscription will automatically renew at the end of each billing period unless cancelled
• Cancellation: You may cancel your subscription at any time from your account settings. Cancellation takes effect at the end of your current billing period
• Price Changes: If we change subscription prices, you will be notified in advance and changes will apply at your next renewal

7.4 Refund Policy

• Subscriptions: Monthly and yearly subscription fees are non-refundable once charged, except as required by law
• Lesson Cancellations: Cancellations made at least 24 hours before a scheduled lesson may be eligible for a refund or rescheduling
• Late Cancellations: Cancellations made less than 24 hours before a lesson may not be refunded
• Exceptions: Refunds may be granted at our discretion in case of extraordinary circumstances

8. Intellectual Property

8.1 Our Content

All content, features, and functionality of the Services, including but not limited to text, graphics, logos, images, videos, software, and data compilations, are owned by NextSet or our licensors and are protected by copyright, trademark, and other intellectual property laws.

8.2 Limited License

We grant you a limited, non-exclusive, non-transferable, revocable license to access and use our Services for personal, non-commercial purposes in accordance with these Terms.

8.3 User Content

By posting, uploading, or submitting content to our Services, you grant NextSet a worldwide, non-exclusive, royalty-free license to use, reproduce, modify, and display such content in connection with operating and promoting our Services.

9. Privacy and Data Protection

Your privacy is important to us. Our collection and use of personal information is governed by our Privacy Policy, which is incorporated into these Terms by reference. By using our Services, you consent to our privacy practices as described in the Privacy Policy.

10. Assumption of Risk and Release

• Muscle strains, sprains, and other injuries
• Falls and collisions
• Equipment-related injuries
• Cardiovascular events

You agree to participate at your own risk and release NextSet, its coaches, employees, and affiliates from any liability for injuries or damages arising from your participation, except where such injuries result from our gross negligence or willful misconduct.

Medical Clearance: You represent that you are physically fit to participate in tennis training activities. If you have any medical conditions or concerns, consult with a physician before using our Services.

11. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEXTSET AND ITS OFFICERS, DIRECTORS, EMPLOYEES, COACHES, AND AFFILIATES SHALL NOT BE LIABLE FOR:

• Any indirect, incidental, special, consequential, or punitive damages
• Loss of profits, revenue, data, or use
• Personal injury or property damage not caused by our gross negligence
• Any damages arising from your use or inability to use our Services

Our total liability to you for any claims arising out of or related to these Terms or our Services shall not exceed the amount you paid to NextSet in the twelve (12) months preceding the claim.

12. Indemnification

You agree to indemnify, defend, and hold harmless NextSet and its officers, directors, employees, coaches, and affiliates from any claims, liabilities, damages, losses, costs, or expenses (including reasonable attorneys' fees) arising out of or related to:

• Your use of our Services
• Your violation of these Terms
• Your violation of any rights of another person or entity
• Your conduct during lessons or training activities

13. Disclaimers

OUR SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO:

• Warranties of merchantability, fitness for a particular purpose, or non-infringement
• That our Services will be uninterrupted, error-free, or secure
• That any defects will be corrected
• The accuracy, reliability, or quality of any content, advice, or information obtained through our Services

14. Termination

You may terminate your account at any time by contacting us or using the account deletion feature in your settings.

We may suspend or terminate your access to our Services immediately, without prior notice or liability, for any reason, including if you breach these Terms.

Upon termination, your right to use the Services will immediately cease. All provisions of these Terms that by their nature should survive termination shall survive, including ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

15. Dispute Resolution

15.1 Informal Resolution

If you have any dispute with NextSet, you agree to first contact us and attempt to resolve the dispute informally by contacting us at louka.queguiner@nextset.us.

15.2 Jurisdiction

If we cannot resolve a dispute informally, any controversy or claim arising out of or relating to these Terms shall be submitted to the exclusive jurisdiction of the competent courts of Marseille, France.

16. Governing Law

These Terms shall be governed by and construed in accordance with the laws of France. For consumers residing in the European Union, mandatory consumer protection laws of your country of residence may also apply.

17. Changes to Terms

We reserve the right to modify these Terms at any time. We will notify users of material changes by posting the updated Terms on our website and updating the "Last Updated" date. Your continued use of our Services after such changes constitutes your acceptance of the new Terms.

18. Severability

If any provision of these Terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that these Terms shall otherwise remain in full force and effect.

19. Entire Agreement

These Terms, together with our Privacy Policy and any other policies referenced herein, constitute the entire agreement between you and NextSet regarding the use of our Services and supersede all prior agreements and understandings.

20. Right of Withdrawal (EU Consumers)

If you are a consumer in the European Union, you have the right to withdraw from your subscription within 14 days of purchase without giving any reason. To exercise this right, you must inform us of your decision by contacting us at the address below.

Exception: If you begin using the Services immediately upon purchase, you acknowledge that you waive your right of withdrawal once the service has been fully performed.

21. Contact Information

If you have any questions about these Terms, please contact us at: