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Terms of Service

Reviewed and issued by our legal advisers. Effective 24 August 2026. This is the current published version; it supersedes every earlier draft.

Effective Date: 24 August 2026

1. INTRODUCTION AND ACCEPTANCE

These Terms of Service (Terms) constitute a legally binding agreement between you and Fit4 Padel (Pty) Ltd (F4 Padel, we, us, or our) governing your access to and use of the Padel Vista application (the App), available on the web at padelvista.app and installable to your device from there.

By downloading, installing, creating an account, or using the App, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy. If you do not agree, you must not use the App.

These Terms constitute an electronic transaction as contemplated in the Electronic Communications and Transactions Act 25 of 2002 (ECT Act). Your acceptance is provided through in-app acceptance (clickwrap) and constitutes a valid, binding agreement in terms of section 22 of the ECT Act.

These Terms are written in plain language as required by section 22 of the Consumer Protection Act 68 of 2008 (CPA).

2. ABOUT PADEL VISTA AND F4 PADEL (ECT ACT SECTION 43 DISCLOSURES)

In compliance with section 43 of the ECT Act, we disclose the following:

3. DESCRIPTION OF THE SERVICE

Padel Vista provides the following services through the App:

The analysis is generated by artificial intelligence (Google's Gemini API) reasoning over your uploaded video. The service processes your video, delivers results, and does not store the video itself.

4. ACCOUNT REGISTRATION AND SECURITY

To use the App, you must create an account. You may sign in using:

You are responsible for:

You must be at least 18 years of age to create an account and use the App.

5. ACCEPTABLE USE

You agree to use the App only for its intended purposes and in compliance with all applicable laws, including POPIA, the CPA, and the Cybercrimes Act 19 of 2020. You shall not:

6. USER RESPONSIBILITIES

6.1 General Responsibilities

6.2 Other People in Your Videos

Because padel is played in doubles (2v2), your footage will almost always contain other identifiable people. You acknowledge and agree that:

By uploading a clip, you warrant that you have obtained the necessary consent or have another lawful basis to share footage of other identifiable individuals.

7. AI ANALYSIS DISCLAIMER

IMPORTANT NOTICE:

We recommend using the App as a supplementary tool alongside professional instruction.

8. INTELLECTUAL PROPERTY RIGHTS

8.1 F4 Padel's Ownership of Intellectual Property

F4 Padel (Pty) Ltd is the sole and exclusive owner of all right, title, and interest in and to the App and all related intellectual property, including without limitation:

This intellectual property is protected under, inter alia:

All rights not expressly granted to you in these Terms are reserved by F4 Padel.

8.2 Trade Marks

The following are trade marks or service marks of F4 Padel (Pty) Ltd (whether registered or at common law):

You may not:

8.3 Software and Source Code

The App's software, including all source code, object code, APIs, algorithms, data structures, and databases, is the confidential and proprietary property of F4 Padel. The software is protected as a computer program under the Copyright Act and as a trade secret under common law.

You expressly acknowledge that the software embodies valuable trade secrets and confidential information of F4 Padel.

8.4 AI Analysis Methodology and Outputs

The AI analysis methodology — including the algorithms, scoring systems, prompt engineering, analytical frameworks, data processing techniques, and the methods by which the App analyses video and generates results — constitutes the proprietary intellectual property and trade secrets of F4 Padel.

Analysis outputs: While you receive a licence to use, view, download, and share your individual analysis results (shot counts, scores, coaching notes, and summaries) for your personal, non-commercial use, the underlying methodology, algorithms, scoring frameworks, and analytical systems that generated those results remain the exclusive intellectual property of F4 Padel.

You may not:

8.5 User Content and Licence Grant

Your ownership: You retain full ownership of any video footage you upload to the App. Nothing in these Terms transfers ownership of your content to F4 Padel.

Licence you grant us: By uploading video footage, you grant F4 Padel a limited, non-exclusive, royalty-free, revocable licence to:

This licence is limited to what is necessary to provide the service. It terminates when you delete the relevant analysis or close your account. We do not sublicense your content except to the extent necessary to provide the service through our operators (as described in the Privacy Policy).

8.6 Restrictions on Use of Intellectual Property

You expressly agree that you shall not, directly or indirectly:

Any breach of this section 8.6 shall be deemed a material breach of these Terms and may, in addition to any other remedies available to F4 Padel, give rise to a claim for damages (including consequential damages), interdict relief, and/or delivery up.

8.7 Intellectual Property Infringement Reporting

F4 Padel respects the intellectual property rights of others. If you believe that any content on the App infringes your intellectual property rights, please notify us in writing at admin@f4padel.co.za with the following information:

We will investigate notices of alleged infringement and take appropriate action, which may include removing or disabling access to the allegedly infringing material.

Similarly, F4 Padel reserves all rights to enforce its own intellectual property rights and will take appropriate legal action against any infringement, including seeking interdicts, damages, and delivery up orders.

9. USER LICENCE

Subject to your compliance with these Terms, F4 Padel grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable licence to:

This licence does not include the right to:

This licence is personal to you and may not be shared with, transferred to, or used by any other person. We may revoke this licence at any time if you breach these Terms.

10. CREDITS AND PAYMENT

Padel Vista is paid for with credits. A credit is a unit of access to a paid feature, such as one video analysis. How many credits a feature costs is shown in the App before you use it.

Prices. The price of credits is as displayed in the App at the time of purchase. We may change prices at any time, but a change never affects credits you have already bought.

No VAT. Fit4 Padel (Pty) Ltd is not a registered VAT vendor, so no VAT is charged on your purchase and none is shown on your receipt. The price you see is the total price you pay.

How payment is taken. Payments are processed by Paystack, a licensed payment provider. You enter your card or banking details on Paystack's secure page, not ours. We never see or store your card number.

There is no subscription. Nothing renews automatically and there is nothing to cancel. You buy credits when you want them, and that is the end of the transaction.

Credits do not expire. They stay on your account until you use them.

Credits are not money. They have no cash value, cannot be transferred to another person, and cannot be exchanged for cash, except where a refund is due under section 11 or under the law.

If an analysis fails, the credit comes back. When a paid analysis cannot be completed because of a fault on our side, the credit is returned to your balance automatically. You do not need to ask.

Receipts. A receipt is available for every purchase from your account page, showing our registered details, the amount and what you bought.

Payment problems. If a payment is taken and credits do not appear, or anything else goes wrong with a purchase, contact us at admin@f4padel.co.za. We deal with this directly — there is no app store involved.

11. COOLING-OFF PERIOD (ECT ACT SECTION 44)

In accordance with section 44 of the ECT Act, if you are a consumer as defined in the ECT Act, you have the right to cancel a transaction within 7 (seven) days of concluding it, without reason or penalty.

Exceptions: The cooling-off period does not apply to:

If you exercise your cooling-off right, please contact admin@f4padel.co.za within the 7-day period. Where the right applies, we will process your refund within 30 days.

How this applies to credits. Credits you have not used are unused digital content, so if you ask within 7 days of buying them we will refund them. Credits you have already spent on an analysis have been used, and the exception above applies to those. If you bought credits and have used only some of them, we will refund the unused ones.

Refund requests go to admin@f4padel.co.za. There is no app store in this transaction and no third party to approach first.

12. PRIVACY

Your use of the App is also governed by our Privacy Policy, which forms an integral part of these Terms. The Privacy Policy describes how we collect, use, store, and protect your personal information in compliance with POPIA. By using the App, you acknowledge that you have read and agree to the Privacy Policy.

13. LIMITATION OF LIABILITY

IMPORTANT NOTICE IN TERMS OF SECTION 49 OF THE CONSUMER PROTECTION ACT 68 OF 2008:

The following provisions limit the liability of F4 Padel (Pty) Ltd and may restrict your rights. By accepting these Terms, you acknowledge that you have been drawn to the attention of these provisions and that you understand and accept them.

To the maximum extent permitted by applicable law, including the CPA:

Nothing in these Terms excludes or limits liability that cannot be excluded or limited under applicable law, including liability for death or personal injury caused by negligence, fraud, or fraudulent misrepresentation.

The limitations in this section apply regardless of the form of action, whether in contract, delict (tort), strict liability, or otherwise, and survive termination of these Terms.

14. DISCLAIMER AND NO WARRANTY

NOTICE IN TERMS OF SECTION 49 OF THE CPA: The following provisions constitute an assumption of risk and limitation of F4 Padel's obligations to you.

The App and all content, features, and services provided through it are provided “as is” and “as available” without warranties of any kind, whether express, implied, or statutory, including but not limited to:

You acknowledge that:

15. INDEMNIFICATION

NOTICE IN TERMS OF SECTION 49 OF THE CPA: The following provisions require you to indemnify (compensate) F4 Padel in certain circumstances.

You agree to indemnify, defend, and hold harmless F4 Padel, its directors, officers, employees, agents, and affiliates from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable legal fees) arising out of or in connection with:

This indemnity survives termination of these Terms and your account.

16. TERMINATION AND SUSPENSION

16.1 Termination by You

You may terminate these Terms at any time by deleting your account through the App's account settings. Upon deletion, your analysis history and personal information will be permanently removed in accordance with our Privacy Policy.

16.2 Termination or Suspension by F4 Padel

We may suspend or terminate your access to the App immediately, without prior notice or liability, if:

16.3 Effects of Termination

Upon termination:

17. MODIFICATIONS TO THE SERVICE AND TERMS

17.1 Modifications to the Service

We reserve the right to modify, update, suspend, or discontinue the App or any feature, tool, or functionality thereof (including RallyStat) at any time, with or without notice, for any reason, including but not limited to maintenance, upgrades, or changes in third-party service availability.

17.2 Modifications to these Terms

We may update these Terms from time to time. When we make material changes:

If you do not agree with any changes, you must stop using the App and delete your account. It is your responsibility to review the Terms periodically.

18. GOVERNING LAW AND JURISDICTION

These Terms shall be governed by and construed in accordance with the laws of the Republic of South Africa, including:

Any dispute arising out of or in connection with these Terms shall be subject to the exclusive jurisdiction of the courts of the Republic of South Africa, specifically the Magistrate's Court or High Court having jurisdiction.

You consent to the jurisdiction of the South African courts and waive any objection to proceedings in such courts on the grounds of venue or inconvenient forum.

19. DISPUTE RESOLUTION

In the event of any dispute arising out of or in connection with these Terms:

Nothing in this section prevents either party from seeking urgent interim relief (including an interdict) from a court of competent jurisdiction where necessary to protect its rights.

Nothing in this section limits your right to lodge a complaint with a regulatory authority, including the Information Regulator (in respect of POPIA matters) or the National Consumer Commission (in respect of CPA matters).

20. SEVERABILITY

If any provision of these Terms is found to be invalid, unlawful, or unenforceable by a court of competent jurisdiction, that provision shall be severed from these Terms to the minimum extent necessary, and the remaining provisions shall continue in full force and effect.

Where a provision is found to be unenforceable but would be enforceable if modified, that provision shall be deemed modified to the minimum extent necessary to make it enforceable, while preserving the parties' original intent as closely as possible.

21. ENTIRE AGREEMENT

These Terms, together with the Privacy Policy, constitute the entire agreement between you and F4 Padel with respect to your use of the App and supersede all prior or contemporaneous agreements, understandings, representations, and warranties, whether written or oral, with respect to the subject matter hereof.

No waiver of any provision of these Terms shall be effective unless made in writing and signed by an authorised representative of F4 Padel. No failure to exercise, or delay in exercising, any right or remedy under these Terms shall constitute a waiver thereof.

22. CONTACT INFORMATION

For any questions, concerns, or notices relating to these Terms:

F4 Padel (Pty) Ltd

Email: admin@f4padel.co.za

23. ECT ACT SECTION 43 DISCLOSURES (CONSOLIDATED)

In compliance with section 43 of the Electronic Communications and Transactions Act 25 of 2002:

Last updated: 24 August 2026

— END OF TERMS OF SERVICE —

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