These Terms and Conditions ("Terms") govern your access to and use of the OpenTennis website (the "Service"). By accessing or using the Service, you agree to be bound by these Terms.
1. Information about us
OpenTennis is operated as an Einzelpersonfirma (sole proprietorship) by Dawid Dereszewski ("We", "Us").
We have our principal place of business at:
Im Walder 25
8702 Zollikon, Switzerland
For our Impressum, please see: https://opentennis.net/impressum
2. Acceptance of Terms and Country-Specific Services
2.1 General Acceptance
By using the Service, you confirm that you:
- Are at least 16 years old (or have parental consent where required), and
- Have the legal capacity to agree to these Terms.
If you do not agree with any part of these Terms, you must not use the Service.
2.2 Country-Specific Services Only
OpenTennis is exclusively available through country-specific versions:
All users must access OpenTennis through their respective country-specific service and are subject to both these general Terms and the applicable local regulatory provisions outlined in Section 22.
OpenTennis is not available in countries without dedicated country-specific versions.
3. Changes to Terms
We may revise these Terms from time to time. When we do, we will:
- Update the Last updated date above
- Notify you via email (if you have an account) or through a prominent notice on the Service
- For material changes affecting your rights, provide 30 days' advance notice
Your continued use of the Service after changes are posted constitutes your acceptance of the updated Terms.
4. Definitions
- Service: the OpenTennis platform available exclusively through country-specific versions at localized URLs
- User: anyone who accesses or uses the Service through their respective country-specific version
- Content: any text, images, video, or other information you submit to or view on the Service
- User Content: any Content that you submit, post, or upload to the Service
- Paid Services: premium features and functionality available through subscription or one-time payment
- Country-Specific Service: the exclusive delivery method for OpenTennis, available at country-specific URLs (opentennis.net/pl for Poland, opentennis.net/ch for Switzerland)
5. Account Registration
To access certain features, you may be required to register an account.
- You agree to provide accurate, current, and complete information and to keep it updated.
- You are responsible for all activity under your account and must keep your password secure.
- You have the right to remove all your personal data and delete your account at any time:
- Available in Account Settings
- Upon deletion, we will provide you with a copy of your data in a commonly used format if requested within 30 days.
6. Service Access and Availability
6.1 Free and Paid Services
- The Service offers both free and premium features.
- Advanced functionality is limited to users with an active subscription or one-time purchase.
- Access to Paid Services begins upon successful payment and continues for the duration of your subscription or license.
6.2 Service Availability
- We aim for 99.5% uptime, measured monthly.
- Planned maintenance notifications: at least 24 hours in advance via email or Service notifications.
- We may modify, suspend, or discontinue any part of the Service, including Paid Services, at any time with reasonable notice (minimum 30 days for material changes).
6.3 Data Backup and Recovery
- We maintain regular backups of User Content and will make reasonable efforts to restore data after system failures.
- Recommendation: Users should maintain their own backups of important data.
7. User Content and Intellectual Property Rights
7.1 Your Content
- You retain ownership of any User Content you submit.
- By submitting User Content, you grant us a non-exclusive, worldwide, royalty-free license to use, display, reproduce, and distribute your content solely to operate and improve the Service.
- You warrant that you own or have rights to submit your User Content and that it does not violate any third-party rights.
7.2 Our Content
- All other Content, trademarks, and logos on the Service are owned by or licensed to Us.
- You may view, download, and print Content subject to these Terms but must not remove any proprietary notices.
- Any use of the Service not expressly permitted by these Terms is prohibited.
7.3 Content Moderation
- We reserve the right to review, moderate, or remove User Content that violates these Terms.
- We use both automated systems and human review.
- Appeals: contact us at .
8. Payments and Subscriptions
8.1 Payment Processing
Payments are processed through secure third-party payment processors.
By making a payment, you agree to their terms.
8.2 Subscription Services
- Subscriptions charge applicable fees on a recurring basis (monthly or annually) until canceled.
8.3 Automatic Renewal
Subscriptions renew automatically at each billing period's end unless canceled in accordance with these Terms.
8.4 Price Changes
We may change pricing with 30 days' advance notice. New prices take effect at your next billing cycle.
8.5 Cancellation
- Cancel anytime via Account Settings.
- Cancellation takes effect at the end of your current paid period.
- Access to Paid Services continues until that time.
8.6 Refunds
Except as required by law, all payments are non-refundable. No credits for partial periods.
9. Cancellation and Withdrawal Rights
Under Swiss consumer protection law and EU regulations, consumers may cancel Paid Services within 14 days of purchase for a full refund, except for services already fully performed with your consent.
To cancel, send a clear statement to
.
10. User Conduct
You agree not to:
- Violate any applicable law or regulation.
- Post unlawful, infringing, defamatory, or obscene Content.
- Interfere with the security or operation of the Service.
- Use our Service or APIs other than through intended interfaces without written agreement.
- Engage in harassment or unprofessional communication.
- Share your account credentials with third parties.
- Attempt to reverse engineer or hack the Service.
Violations may lead to termination, account blocking, or legal action. We may employ automated or manual filtering to enforce standards.
11. Promotions and Partner Offers
- We may offer promotions, discounts, or special offers in partnership with third parties.
- Such promotions may have additional terms, communicated at the time of the offer.
- We are not responsible for partners' products or services; please address partner issues directly with them.
12. Privacy and Data Protection
12.1 Data Processing
Our Privacy Policy explains how we collect and use personal data. By using the Service, you consent to this processing.
12.2 Compliance
We comply with GDPR (EU), Swiss FADP, and applicable privacy laws in supported jurisdictions.
12.3 Data Retention
Personal data is retained only as necessary or as required by Swiss law—typically your account duration plus 7 years.
12.4 International Transfers
Data may be transferred outside Switzerland/EU under appropriate legal safeguards.
12.5 Your Rights
You have the right to access, correct, delete, or port your data. Contact
to exercise these rights.
13. Accessibility
We are committed to WCAG 2.1 AA compliance.
Encounter barriers? Contact
.
14. Dispute Resolution
14.1 Internal Resolution
Contact us first at
. We respond within 14 business days.
14.2 Alternative Dispute Resolution
Consumers may contact Swiss consumer protection authorities or use online dispute resolution platforms. Polish consumers may also contact the Office of Competition and Consumer Protection (UOKiK).
15. Limitation of Liability
To the fullest extent permitted by law, we exclude liability for:
- Loss of profits, sales, business, or revenue
- Loss or corruption of data
- Any indirect or consequential losses
Our total liability for direct losses is capped at the fees you paid in the 12 months preceding the claim. Claims must be brought within one year. Liability for gross negligence or intentional misconduct remains unaffected.
16. Warranty Disclaimer
The Service is provided "as is" and "as available" without any warranty. We disclaim all warranties, express or implied. We do not guarantee uninterrupted availability despite our uptime target.
17. Force Majeure
We are not liable for delays or failures due to events beyond our control, including natural disasters, government actions, or technical failures.
18. Governing Law and Jurisdiction
Primary Jurisdiction: These Terms are governed by Swiss law, and disputes fall under the jurisdiction of Swiss courts.
Local Law Application: Users of country-specific services are also subject to mandatory local consumer protection laws and regulations as outlined in Section 22, which take precedence over conflicting provisions in these Terms where required by law.
19. Termination
We may suspend or terminate your access if you:
- Engage in illegal activities or violate laws
- Post prohibited Content or misuse the Service
- Fail to meet communication standards
- Fail to pay for Paid Services
Termination may block or delete your account and data per Section 5. No refunds except as required by law. We provide 7 days' notice except for serious violations or legal requirements.
20. Severability
If any provision is unenforceable, it will be limited or removed so the rest of the Terms remain in effect.
21. Entire Agreement
These Terms, together with any documents referenced herein, constitute the entire agreement between you and Us regarding the Service.
22. LOCAL REGULATORY PROVISIONS
22.1 Poland
For users in Poland accessing https://opentennis.net/pl:
European Union Consumer Rights Directive Compliance:
- Digital content contracts: You have a 14-day withdrawal right for digital services unless fully performed with your consent.
- Right to conformity: Digital content must perform as described and be fit for purpose for 2 years.
- Remedies: If digital content is non-conforming, you are entitled to repair, replacement, price reduction, or contract termination.
Unfair Contract Terms Directive:
- Any term that significantly imbalances your rights may be deemed unfair and unenforceable.
- Core contractual terms and price adequacy are generally not subject to fairness assessment if clearly expressed.
E-commerce Directive Compliance:
- Clear identification of our commercial purpose and contact details (see Section 1).
- Order process transparency: All contract terms, total price including taxes, and payment/delivery arrangements are clearly communicated before purchase.
Digital Services Act (DSA) Compliance:
- Transparent content moderation procedures as outlined in Section 7.3
- Clear terms of service and community guidelines
- Accessible complaint and redress mechanisms
- Risk assessment and mitigation for systemic risks (if applicable)
Polish Consumer Protection:
- Polish consumers may pursue disputes through permanent consumer arbitration courts or provincial trade inspection offices.
- The Office of Competition and Consumer Protection (UOKiK) handles consumer complaints.
- Access to online dispute resolution (ODR) platform for cross-border transactions.
22.2 Switzerland
For users in Switzerland accessing https://opentennis.net/ch:
Swiss Consumer Protection Law:
- Swiss consumers have a 14-day withdrawal right for distance contracts (online purchases) as referenced in Section 9.
- Right to clear pre-contract information including total price, payment arrangements, and main characteristics of services.
Swiss Federal Act on Data Protection (FADP):
- Compliance with Swiss data protection requirements as referenced in Section 12.2.
- Your rights include access, rectification, erasure, portability, and objection to processing.
- Data processing must be lawful, conducted in good faith, and proportionate.
Swiss Unfair Competition Act:
- Protection against misleading advertising and unfair business practices.
- Clear and honest representation of services and pricing.
Swiss Code of Obligations:
- Contract formation and performance standards apply to all service agreements.
- Consumer contracts must be fair and transparent.
Dispute Resolution in Switzerland:
- Internal dispute resolution as outlined in Section 14.1
- Swiss consumer protection authorities for unresolved disputes
- Mediation services available through recognized Swiss mediation centers
- Court jurisdiction in Switzerland as specified in Section 18
23. Contact Us
If you have any questions about these Terms, please contact us at:
- Email:
- Response Time: We aim to respond within 2 business days
- Complaints: Mark your email subject line "COMPLAINT" for formal complaints
Thank you for using OpenTennis!