1. Agreement, scope and priority
These Terms govern the PadelCue website and the accounts, Academy, Smart Camera, Smart Match reports and other services we make available to you. Your provider is PadelCue Technologies Inc., corporation number 18007641, 4711 Yonge Street, 10th Floor, Toronto, Ontario M2N 6K8, Canada. Contact support@padelcue.com about accounts, purchases, cancellations, refunds, recording, privacy requests and other customer questions. For business enquiries, clubs, ambassadors, partnerships and press, contact Emma, Mr. Niaki’s assistant, at emma@padelcue.com. Important formal matters use the contacts for legal notices and our Privacy Officer. Phone: 416 857 2949.
We present the applicable Terms before account creation or purchase and ask you to accept them. Optional recording, development, marketing and tracking permissions are separate. The Privacy Policy is a notice of our practices, not blanket consent to every possible use of information.
Mandatory law and the Regional Terms and Privacy Rights take priority. A separately signed agreement controls its specific business relationship, followed by an accepted order for its commercial details and these Terms for general use. No commercial document expands a person's privacy permission. An accepted specific offer and already accrued rights cannot be removed merely by replacing a website page.
“Consumer” means a person protected as a consumer under applicable law. A business account label, tax number or acceptance checkbox cannot remove statutory consumer or protected small business status. The business provisions below apply only where the customer is lawfully outside the relevant consumer protections.
2. Eligibility and account security
Accounts and direct purchases are for adults aged 18 or older who can form a contract where they live. Our services are not currently offered to residents of Quebec. A person acting for an organization must have authority to bind it. Do not create an account for anyone under 18 or let them use yours. To buy a plan you must also have reached the age of majority where you live, which is 19 in some provinces. We do not knowingly record a match while anyone under 18 is on court. If we learn that an account belongs to someone under 18, we close it and handle its information as our Privacy Policy describes.
Provide accurate information, protect credentials and promptly report suspected unauthorized access. You are responsible for activity you authorize and breaches you cause, but not automatically for every fraudulent transaction made using stolen credentials. We may apply proportionate authentication and security checks.
An account, payment, home club selection or referral relationship does not grant access to another person's private information. Services may be restricted in a location where they are unsupported, unlawful or subject to unmet requirements. We may decline a new order for a legitimate reason before acceptance.
3. Service scope and automated analysis
Your plan identifies the features supplied. These may include Academy teaching, practice suggestions, recording, replay, clips, shot or movement statistics and Smart Match reports. A Personal Coach Review is a separate human service unless expressly included. Demonstrations, future roadmaps and examples do not add entitlements to an order unless they form part of the accepted offer or are otherwise legally binding. This does not exclude a representation or feature description that the law makes binding.
Automated analysis estimates events from available inputs. Camera position, occlusion, lighting, recording quality, permissions, missing footage and incorrect player association can affect the result. Some events are unavailable or uncertain. A correction to an event does not prove the original system was certain. Review the supporting footage and report a material error.
Outputs are educational aids. Recordings, replays, statistics and Smart Match reports are estimates to help you train. They are never official line calls, scores or match results, certified competition ratings, medical assessments or a substitute for a qualified coach's judgement. Do not rely on them to settle a point, a match, a wager or a dispute with another person. Where the law allows, we are not responsible for decisions you or others make by relying on them for those purposes. We do not promise a particular sporting, fitness, business or financial result. A delivery deadline or performance guarantee applies only if expressly included in your accepted offer or required by law.
We provide the service with the care and standards required by applicable law. Describing a feature's limitations does not excuse a misdescription, failure to supply a paid entitlement or breach of a mandatory guarantee.
4. Physical activity and independent providers
Padel and exercise involve foreseeable risks, including falls, collisions, equipment impact and strain. Use appropriate equipment and facilities, follow venue rules, adapt activity to your ability and stop when it is unsafe or painful. Seek qualified advice when your health or circumstances require it. We do not establish a medical or other regulated professional relationship through general educational content. Where the law allows, you take part in padel and exercise shown or suggested by PadelCue at your own risk, and you accept the risks that are inherent in the sport. We are not responsible for injury or loss that results from those inherent risks rather than from our own breach or negligence.
Clubs, courts, booking platforms, app stores, payment providers and independent coaches are third parties. We do not own, operate or control clubs or courts. Clubs control their premises, court conditions, safety, bookings and their own staff and activities. Independent coaches control their own instruction within their agreed role. Where the law allows, we are not responsible for the acts, omissions, premises or services of these third parties, except to the extent our own acts or omissions caused the loss. We remain responsible for the services we agree to supply, including performance through our agents, subcontractors and other service providers, and for any responsibility the law places on us for their conduct. We are not an insurer of a participant's sporting results or an independent venue's conduct. We remain responsible for obligations we actually undertake and for our own legally actionable conduct. This clause is not a waiver of nonwaivable injury rights or negligence liability.
5. Recording and other participants
Before your first recorded match, we show you what the court camera captures, who can see it and how long it is kept. Match recordings, including the raw video, are kept for up to 12 months after the match and then deleted. Match reports and stats stay for as long as your account exists. Viewing recordings and reports needs an active plan or the match purchase. If you cancel, you keep access until the end of the period you paid for. A match bought separately keeps its own access rules. Our copies of match video are stored in the United States, and our camera provider processes match video in the European Union, as the Privacy Policy explains.
The Recording and Development Permissions explain the separate purposes. Do not record, upload, disclose or authorize use of identifiable people without the rights and permissions required for that use. A payer cannot consent for other adults. Court signs provide notice and do not alone authorize model training, advertising or every secondary use.
We may prevent or stop a recording, restrict disputed material or decline a sharing request when the necessary permissions, identity or capture settings cannot be established. These actions must be proportionate and consistent with any applicable remedy for a paid service. Contact support@padelcue.com with the venue and approximate match time if you object to recording or have been wrongly associated with it.
6. Content licence for your requested service
You retain the rights you hold in content you provide or authorize us to obtain. To deliver the services you request, you grant PadelCue a nonexclusive, worldwide, royalty free licence, to the extent you hold the relevant rights, to receive, host, copy, cache, transcode, format, analyze, annotate, create clips and reports from, transmit and display that content to authorized recipients. We may permit affiliates, personnel and contracted providers to exercise these rights only for the permitted purposes and subject to the relevant protections.
The service licence includes reasonable support, fault investigation, security, abuse prevention, quality checks and technical adaptation needed to supply the requested service. It does not automatically authorize adding identifiable recordings to a general model training dataset, selling personal information, publishing a person's likeness or creating an endorsement. Separate purposes require the permissions and lawful basis described in the Privacy Policy.
The licence continues for the service, authorized sharing, applicable storage period and justified legal retention. It ends for uses no longer authorized or necessary, subject to mandatory law and any separately valid licence. Deleting an account does not compel destruction of a lawful invoice or erase an already completed authorized disclosure, but it does not create a new right to keep identifiable footage indefinitely.
7. Development rights and commercial outputs
We use identifiable recordings for software development only with your separate permission. Your agreement cannot supply another person's rights.
We may develop, protect, use and commercialize software, models, methods, statistical findings and other outputs that we lawfully create. Subject to your underlying content rights, applicable privacy law and any separate remuneration agreement, you do not acquire ownership, equity or a royalty in such products merely because your material contributed to their development. This does not permit disclosure of identifiable source material or personal information retained in an output contrary to the applicable permission or law.
We may lawfully produce and use genuinely anonymized statistics and other information for research, product development, benchmarking, business analysis and commercial products. We may license such information or products where no person is reasonably identifiable and we have the relevant content rights. A random identifier, removed name or blurred face alone is not a guarantee of anonymity. We do not use the label “anonymous” to evade rights that still apply.
8. Sharing, publication and feedback
Check the selected material and audience before sharing. A private coach review, a shared match clip, a club promotion and a public broadcast involve different purposes. A referral commission or portal account does not grant permission to publish footage. Once a recipient has independently downloaded or republished a copy, withdrawing the original link cannot guarantee recovery of every copy.
You must hold the rights you grant and not knowingly include material you lack authority to supply. We may ask for proportionate evidence, decline material or remove access following a credible rights concern. We do not undertake to monitor every submission in advance or adopt a user's statement as our own. This does not limit any duty the law imposes on us.
If you voluntarily send a nonconfidential product suggestion, you grant us a perpetual, worldwide, transferable, sublicensable, royalty free licence to use that suggestion in our business without an obligation to implement or pay for it, unless we agree otherwise. This feedback provision does not apply as a substitute licence for match footage, confidential submissions, personal information or commissioned work.
9. Service licence and acceptable use
Subject to your entitlement, we grant a limited, personal, nonexclusive permission to use the service and supplied content for its intended purpose. An organization may permit its authorized staff to use its agreed business features. This does not include resale of our service or any supplier API, public distribution of paid Academy material, or use of our protected content to train a competing system without permission.
Do not bypass security, entitlement or usage limits, extract other people's information, impersonate a person, introduce harmful code, falsify consents or identity, manipulate purchases or referrals, harass people, create unlawful biometric or surveillance uses, or infringe intellectual property rights. Do not reverse engineer or circumvent technical protection except where a nonwaivable law permits it. We reserve rights in our service and supplied materials that are not expressly granted.
Restrictions on our content and system do not take ownership of your content or remove rights the law gives you to export information, make permitted use of your own footage or exercise an interoperability exception. Third party software notices apply where relevant.
You are responsible for reasonable loss we prove was directly caused by your unlawful conduct, deliberate misuse, or knowing use of content without required rights or permissions, including another person's privacy, image or copyright. For a third party claim, reimbursement is limited to your attributable share of damages finally awarded, or a settlement you approve, plus reasonable defence costs agreed with you or awarded by a court. We promptly notify you, mitigate loss and allow meaningful participation in the defence. You need not cover our breach, negligence or wrongdoing, or costs of your good faith exercise of consumer or privacy rights. Nothing in this paragraph limits a right or protection that consumer law gives you.
10. Pricing, orders and subscriptions
Before you pay, your offer identifies the product, included features, price, currency, mandatory charges, tax treatment, billing interval, any minimum term, renewal and cancellation rules. A monthly equivalent for an annual plan is not monthly billing. A single match purchase is not a recurring subscription without a separate agreement to subscribe. One match is priced per court, not per player. The player who books the court pays the one match price, or uses an eligible plan instead, and may invite the other players to join the match and split the cost. Players who join the match through that invite and give the required recording permission receive access to the shared match report and clips from that match. For those players, joining that match counts as the match purchase. Recording is designed to start only once every affected player has given the required permission. Unlimited recording means no per match charge for your own matches at participating clubs. Court bookings are separate. We may limit use that is unusually heavy or commercial, such as recording sessions for other people, after telling you.
Academy, Camera, Bundle, single match and Personal Coach Review entitlements differ. Regional prices are set offers, not guaranteed exchange rate conversions. A Bundle is one purchase, not permission to bill twice for its components. Your accepted order controls the price. An earnings example or advertised prospective plan is not your invoice.
Monthly and yearly plans renew automatically until you cancel. You agree to this at checkout, where we show the renewal price and how to cancel. For a yearly plan, we deliver the renewal notice by email, 30 to 60 days before the plan expires. It includes the renewal date and price, our business address and contact details, how to cancel, a statement that the plan renews if you do nothing, and the renewal terms clearly identifying every change. Monthly plans may be cancelled on no more than one month's notice. Renewal occurs only through the applicable lawful process. We provide notices and obtain further agreement when required for a price change, conversion of a trial or material change to the service. A trial must state its duration, subsequent charge and cancellation route. We do not infer a payment mandate from joining a waitlist or opening a free lesson.
We may retry a failed authorized payment and contact you to resolve it, subject to law and the disclosed payment arrangement. We will not add an undisclosed penalty or use unrelated payment credentials. Access may be suspended proportionately for an overdue undisputed charge, with appropriate notice and an available dispute route.
11. Cancellation and remedies
Cancel renewal through the billing channel identified at purchase. Where an app store manages billing, its subscription controls are normally the cancellation route. Contact support@padelcue.com if the route is unavailable or unclear. Uninstalling the app alone does not cancel billing. When you request account closure, we explain and address any continuing subscription so deletion is not used to conceal future charges.
Unless your offer or applicable law provides otherwise, cancellation stops the next renewal and paid access continues to the end of the current paid period. We do not offer a general voluntary refund for a change of mind after a service is supplied. This rule does not restrict a statutory withdrawal or cooling off period, a consumer guarantee, an unauthorized payment remedy or rights for a misdescribed or undelivered service. If you live in British Columbia and cancel a yearly plan after it renews, we refund the unused part within 15 days (Business Practices and Consumer Protection Act, s. 25.1). For App Store or Google Play purchases, we help you ask Apple or Google, and if they do not refund it within that time, we refund it to you directly. See the regional notice for specific protections.
For a service failure, provide the order and match details so we can investigate. We may offer reprocessing, replacement, credit or a refund appropriate to the problem. Your statutory remedy takes priority, and a credit cannot replace a cash refund that the law requires. A supplier outage does not remove our obligations to you. We provide required order confirmation and cancellation information in a form you can retain.
Report billing errors promptly to help investigation. That request does not shorten a statutory deadline or waive a legitimate bank, app store or chargeback right. We may challenge a fraudulent or duplicate claim and preserve relevant evidence, but a good faith complaint alone is not prohibited conduct.
12. Referrals and ambassador participation
A customer benefit must be specified in its actual offer. A referral link does not automatically enroll a player as a paid ambassador. Clubs, coaches, creators and player ambassadors require approval and a separate commercial agreement. No website application guarantees income, territory, exclusivity, employment or authority to bind PadelCue.
Our ambassador program assigns each eligible signup to one ambassador under the agreed rules. Each eligible payment earns at most one referral commission, and if a club share is ever agreed, the same payment never earns both a club share and a referral commission. Referral commissions are a share of net revenue, which is the price paid less sales tax, the Apple, Google or card processing fee on that sale and any refund or chargeback. The signed ambassador agreement sets the eligible products, rates, attribution, refunds, tax, currency and payment timing. These consumer Terms do not change those rules.
Personal Coach Review compensation is separate from service referral commissions, and a Personal Coach Review earns no referral commission. Changing home club, visiting another venue, opening a lesson or selecting a coach does not by itself reassign an existing ambassador. We may correct fraud or an evidenced attribution error through the agreed process, with records and any required notice, rather than changing a valid ambassador arbitrarily.
The access period of a lesson invitation is the one granted for that invitation. A later rule does not shorten an existing grant. Opening a lesson does not authorize billing, grant access to the whole Academy or opt the recipient into marketing.
Ambassadors must disclose their commercial relationship, make accurate claims and follow applicable advertising and messaging rules. They may not promise unapproved rewards, create fake activity or supply third party marketing lists for unsolicited campaigns. The signed ambassador agreement governs commissions, including what happens when an ambassador leaves.
13. Changes, interruption and suspension
We may make reasonable changes to improve security, performance, compatibility, accessibility or functionality, meet law, respond to misuse or maintain the service. We may also change or discontinue future offers. For a material adverse change to an existing paid entitlement, we provide the notice, agreement, cancellation option and refund remedy required by your order and applicable law. A general change clause does not authorize retrospective repricing. We will not increase the price of an existing paid entitlement or materially reduce it during the paid term without your express agreement, except where required by law. Proposed changes for a renewal are disclosed through the applicable lawful renewal process. For agreements eligible for amendment under section 42 of Ontario Regulation 17/05, we may propose changes to renewal prices, plan features and these Terms once for each future billing period. We provide the complete updated required information and changed text, the effective date, the effect of doing nothing and a free, easy cancellation method. Notice is delivered 30 to 60 days before the proposed effective date, and no change takes effect earlier than 30 days after you receive it. Where that process is unavailable, we obtain the agreement required by law. Accrued rights and existing cancellation and refund entitlements are preserved. A change to our cancellation or refund rules will never increase what you owe or reduce what we owe you.
We work to keep the service available, but we do not promise that the website, the app, a club's cameras, a network connection or any recording is available at all times, uninterrupted or without errors, unless your accepted offer expressly says so or the law requires it. Cameras at a club can be paused for maintenance, repairs, network faults, a club's own decisions or a court change. If a paid recording does not happen, section 11 and the law set out your remedies.
We may restrict access or content for a reasonable security, safety, legal, payment or material contractual concern. Where practicable, we give an explanation and opportunity to correct the issue or challenge an error. Urgent action may be necessary before notice. Restrictions must be proportionate. We do not automatically seize unrelated earned amounts or deny lawful data rights.
Events outside reasonable control may interrupt delivery, for example power, internet or network failures, failures of a club's facilities, actions of authorities, labour disputes, fire, flood, severe weather, epidemics, cyber attacks or provider failures we could not reasonably have avoided. Where the law allows, we are not liable for a delay or failure caused by such an event. We take reasonable steps to reduce their effects. This does not excuse required consumer remedies, prevent cancellation indefinitely or permit us to retain payment for services the law requires us to refund. Keep appropriate copies of material made available for download. The service is not a permanent archive unless your accepted plan says otherwise.
14. Warranties and responsibility to consumers
We give the promises that are written in these Terms and your accepted order, and the guarantees, conditions and warranties that the law gives you and does not allow us to exclude. All statutory guarantees, conditions, warranties and remedies apply in full, including Ontario's guarantee of reasonably acceptable service quality. We do not guarantee a particular sporting, fitness, business or financial result.
We are responsible for loss you suffer that is caused by our breach or failure to use legally required care and skill and was reasonably foreseeable, together with any other liability the law imposes. We are not responsible for losses we did not cause, losses that were not reasonably foreseeable, or losses you could reasonably have avoided, to the extent applicable law allows those distinctions.
If you purchase a personal consumer service, we do not accept responsibility for business losses such as business interruption or lost trading profit from using it for business purposes, except where the law requires otherwise. This does not reclassify a protected customer as a business or remove a disclosed commercial entitlement.
The exclusions and limit in the next paragraph do not apply to damages or other remedies for breach of any statutory guarantee, condition or warranty, including Ontario's service quality guarantee, whether the claim is made in contract, negligence, another tort or under a statute. They also do not apply to anything protected by the paragraph after them, which prevails.
For other claims, and only to the extent applicable law permits, we are not liable for indirect or consequential loss or loss of opportunity or goodwill. Our total liability for claims arising from the same event or related events is limited to the greater of CAD 100 and the amounts you paid for the affected service, including through an app store, during the 12 months before the first such event.
This paragraph prevails over every exclusion, disclaimer and limit in these Terms. None of them limits our fraud or wilful misconduct, death or personal injury caused by our negligence, refunds, credits or other remedies expressly promised in your accepted order, or any statutory guarantee, compensation right, privacy right or remedy that applicable law protects against exclusion or limitation, including under the Ontario Consumer Protection Act, 2002. Ontario's statutory service quality guarantee and every available remedy for its breach remain fully effective wherever that Act applies to the transaction. Where any other law that applies to the transaction does not allow part of this section, that part does not apply.
15. Additional business risk allocation
This section applies only to a business customer to the extent the relevant arrangement can lawfully be contracted on this basis. Mandatory consumer and protected small business rules, and any separately signed agreement, take priority.
Except for express commitments in the applicable agreement and warranties that cannot be excluded, the service and automated outputs are supplied as available. We do not warrant that all errors will be identified or corrected, that every recording will be usable, that the service will operate without interruption or that it will achieve a particular commercial result. The customer is responsible for deciding whether the service meets its business needs and for its own appropriate backups and continuity arrangements.
Subject to the exclusions below, neither PadelCue nor its affiliates, personnel or suppliers is liable under these Terms for loss of profit, revenue, anticipated savings, business opportunity, goodwill, business interruption or indirect or consequential loss arising from the business service, where lawfully excludable. Their combined aggregate liability to that business for claims arising from the service is limited to the greater of CAD 100 and the fees paid or payable to PadelCue for the affected service in the 12 months before the first event giving rise to the claims. Related claims cannot multiply the agreed cap. A separate signed agreement may allocate these risks differently.
These exclusions and cap do not limit fraud, wilful misconduct, death or personal injury caused by our negligence, amounts we expressly owe as an agreed refund, earned ambassador settlement or other payment obligation under a separately signed or otherwise validly accepted agreement or order, or any nonexcludable obligation, liability or remedy. Ordinary individual referral carry does not become an invoice or cash debt through these Terms. These provisions do not purport to cap a regulator's powers or the independent rights of people who are not parties to the agreement.
A business customer is responsible for reasonable third party claims, losses and costs to the extent caused by its unlawful content or instructions, infringement of rights it warranted it held, deliberate misuse of the service or material breach of its agreed recording and data obligations. It need not cover PadelCue's own negligence or wrongdoing, unrelated claims or a loss it did not cause. We give prompt notice where practicable, cooperate at reasonable cost and permit an appropriate defence. Neither party may impose a settlement, admission or nonmonetary obligation on the other without its agreement. Section 9 governs individual users acting as consumers. This section governs customers acting in their business capacity.
16. Disputes and governing law
Contact support@padelcue.com so we can try to resolve a concern efficiently. Please tell us about a claim promptly after you become aware of it, so we can investigate while the records and footage still exist. This request does not shorten any limitation period or statutory deadline that applies to you. No informal process prevents urgent relief, a regulator complaint, a statutory claim or meeting a deadline.
Ontario law and applicable Canadian federal law govern these Terms, subject to mandatory protections that apply where you live or receive the service. Consumers may bring proceedings in the courts their local law makes available to them. We do not require consumers worldwide to sue only in Toronto, impose mandatory arbitration or waive class or representative proceeding rights through these Terms.
For a business arrangement that can lawfully use this choice, Toronto, Ontario courts have exclusive jurisdiction unless a signed agreement specifies another forum. A dispute clause in a supplier or ambassador contract does not automatically apply to a player. Regional rights take priority over conflicting general wording.
17. General and version changes
We notify material changes appropriately and obtain a fresh agreement or consent where required. Changes apply prospectively in accordance with the notice and law. They do not expand an earlier data permission, erase an accepted purchase or confiscate accrued ambassador rights. The version supplied for acceptance identifies the operative terms for that transaction.
No waiver arises merely because a right is not immediately enforced. If a provision cannot lawfully apply, it is severed to the extent possible without rewriting the agreement to remove a mandatory protection. The remainder continues where lawful. General wording is not a claim that an unfair clause becomes fair automatically.
We may assign or transfer these Terms and related contractual rights and obligations to an affiliate or to a successor of our business, subject to applicable law, required notice and preservation of your existing rights. Personal information remains subject to its applicable purposes and protections. An assignment does not authorize new processing. You may not transfer access credentials or contractual rights without permission unless the law allows it.
These Terms, your accepted order, the policies they refer to and any separately signed agreement are the whole agreement between you and PadelCue about the service, and they replace earlier discussions about it. This does not exclude a representation, statement or feature description that the law makes binding, or liability for fraud.
Provisions concerning accrued payment obligations, lawful retained records, valid content rights, ownership and resolution of existing claims survive to the extent their purpose and the law require. Survival does not make a withdrawable privacy consent irrevocable.