Terms of Use

In effect as of 02/21/2024

These terms of use (hereinafter referred to as “Terms”) govern the legal framework for the provision of the site and services by Augmented Sports Technologies SAS and define the conditions of access to and use of the services by the “User.”

These Terms are accessible on the website under the “Terms” section.

Any registration or use of the site implies acceptance without reservation or restriction of these Terms by the user. When registering on the site via the registration form, each user expressly accepts these Terms by checking the box preceding the following text: “I acknowledge that I have read and understood the Terms and I accept them.” In case of non-acceptance of the Terms stipulated in this contract, the User must refrain from accessing the services offered by the Site.

Augmented Sports Technologies reserves the right to unilaterally modify the content of these Terms at any time.

ARTICLE 1: LEGAL NOTICE

The publication of the website https://pinghero.ai (hereinafter referred to as “the Site”) is provided by the Simplified Joint Stock Company Augmented Sports Technologies with a capital of 2,000 euros, registered with the RCS of Evry under number 984229476, with its registered office located at 34 avenue du 8 mai 1945 - 91120 Palaiseau.

Email address: contact@pinghero.ai.

The Publication Director is: Adrien Frizé.

The host of the Site is The Constant Company, LLC, whose registered office is located at 319 Clematis Street Suite 900, West Palm Beach, FL 33401, USA, reachable at the email address: support@vultr.com.

ARTICLE 2: PERIOD OF VALIDITY

These terms of use come into effect on the date of their publication and will be enforceable as of the date of the first use of the Site by the user.

These terms of use are enforceable for the entire duration of use of the Site and until new terms of use replace them. The user may at any time decide not to use the services and the Site anymore but remains responsible for any prior use.

ARTICLE 3: DATA COLLECTION

The Site ensures to the User the collection and processing of personal information in compliance with privacy laws in accordance with Law No. 78-17 of January 6, 1978 relating to computers, files and freedoms.

Under the Data Protection Act of January 6, 1978, the User has a right of access, rectification, deletion, and opposition to his personal data. The User exercises this right by email to the email address contact@pinghero.ai.

However, data concerning their transaction history on the Site will be kept for the legal duration of accounting data retention.

In accordance with articles L223-2 and following of the Consumer Code, we inform you that you can, if you wish, register on the telephone solicitation opposition list (www.bloctel.gouv.fr). You can register for free on this list, which applies to all professionals except those with whom you have already entered into a contract.

ARTICLE 4: COOKIES

Cookies are small files temporarily stored on the hard drive of the User’s computer by their browser and are necessary for the use of the Site. Cookies do not contain personal information and cannot be used to identify anyone. A cookie contains a unique, randomly generated identifier. Some cookies expire at the end of the User’s visit; others remain.

The User is informed that during their visits to the Site, a cookie may be automatically installed on their browsing software. The information contained in cookies is used to improve the Site. By browsing the Site, the User accepts them. The User can disable these cookies through the settings within their browsing software.

However, the User must consent to the use of certain cookies. In the absence of acceptance, the User is informed that certain features or pages may be denied to them.

ARTICLE 5: ACCESS TO THE SITE

5.1. Services

The Site allows the User access to the following services (hereinafter collectively referred to as the “Services”):

Production and editing of table tennis videos.
Suggestions for improving table tennis practice.
Provision of sharing and entertainment features related to table tennis practice.
Some of these Services, or the use of certain of these Services beyond a certain threshold, are paid.

5.2. Connection

The Site is accessible free of charge from anywhere to any User with Internet access. All costs incurred by the User to access the service (computer hardware, software, Internet connection, etc.) are their responsibility.

Augmented Sports Technologies reserves the right to make any modifications and improvements to the Site and the services it contains that it deems necessary or useful for the proper functioning of its Site and the associated services.

Non-member Users do not have access to the Services. To do so, they must register by filling out the form. By agreeing to register for the Services, the member User agrees to provide sincere and accurate information about their civil status and contact details, including their email address.

5.3. Personal Access

To access the Services, the User must identify themselves using their username and password, which will be communicated to them after registration. The registered User is solely authorized to use the username and personalized access code, which they undertake to keep confidential. Each User agrees to take all necessary measures to ensure this perfect confidentiality.

The use of a password shall conclusively presume use by the person to whom it belongs. Each user undertakes to notify Augmented Sports Technologies without delay of any communication to third parties or theft of their password. This notification must be sent to Augmented Sports Technologies via the Site’s login form.

5.4. Minor Users

Any minor user must obtain the express consent of their parent or legal guardian to use the Site.

ARTICLE 6: SERVICE OPERATION GUARANTEES

You expressly acknowledge and agree that:

Augmented Sports Technologies carries out its contractual obligations with all possible care customary in its profession. As a computer service provided via the Internet, the User is informed that, given the state of the art, the proper functioning of the Services offered by Augmented Sports Technologies depends on factors that are not entirely under its control.
Augmented Sports Technologies does not provide, under these conditions, any express or implied warranty, including (without limitation) warranties relating to the computer quality and compatibility of the service for a specific use, or non-violation of the service’s usage rules by its users.
Augmented Sports Technologies does not guarantee, in particular, that (i) the services will be uninterrupted, timely, or error-free, (ii) the results that may be obtained by using the services will be accurate and reliable, (iii) defects in the software used, if any, will be corrected.

Augmented Sports Technologies’ liability cannot be engaged in the event of force majeure or due to the unforeseeable and insurmountable act of a third party.

ARTICLE 7: THIRD-PARTY CONTENT

7.1. Advertising and Promotion on the Site

Augmented Sports Technologies reserves the right to display advertising or promotional messages on its website.

The user is solely responsible for the contractual relationships they establish with the advertisers of the advertisements displayed on the websites. Augmented Sports Technologies disclaims all liability for the content of the advertising or promotional messages

appearing on its Site.

7.2. Hyperlinks

Hyperlinks may be present on the Site. The User is informed that by clicking on these links, they will leave the website https://pinghero.ai. The latter has no control over the web pages to which these links lead and cannot, under any circumstances, be held responsible for their content.

ARTICLE 8: PAID SERVICES

8.1. Description of Paid Services

The Site provides certain features or files in exchange for a one-time or recurring payment (hereinafter “Paid Services”). Paid Services include the provision of video processing Services beyond the monthly quota allocated free of charge to each User. This quota corresponds to the duration of videos submitted by the User during a given month. It is expressed in minutes of videos per month and displayed on the Site.

8.2. Pricing

Services are accessible under the conditions and prices indicated on the Site on the date of order confirmation. Prices are mentioned in euros and include the applicable VAT in the country of destination of the order.

Any changes to the pricing of Paid Services with a recurring payment apply only after reasonable notice. If we inform you of a price change for a Paid Service with a recurring payment and you do not want to keep it because of the new price, you can cancel it before the beginning of the next billing period for which the new price applies.

8.3. Payment

Payment is made online using a secure payment system. Augmented Sports Technologies does not collect your banking data and has chosen banking institutions that are notoriously recognized and ensure a sufficient level of security so that, if you wish, the data from your bank cards can be securely stored and used for future payments on the Augmented Sports Technologies website. Indeed, these banking institutions collect data relating to your bank card (card number and expiration date) in order to facilitate your future payments on the Site.

This data is not intended for use for commercial prospecting purposes. They may be communicated, as necessary, for the purpose mentioned above to the subcontractor of banking institutions established in the European Union. Data transfers rendered necessary take place under conditions and guarantees ensuring the protection of your personal data.

In accordance with Law No. 78-17 of January 6, 1978, as amended, relating to computers, files, and freedoms, you have the right to access, rectify, delete, and oppose your banking data. You can also object, subject to justifying a legitimate reason, to your banking data being processed. These rights can be exercised, by email, with Augmented Sports Technologies, who will relay your request to the relevant banking institutions, at the following address: contact@pinghero.ai

8.4. Discounts

Augmented Sports Technologies may occasionally offer discounts on purchases or subscriptions. Other terms of use, including different eligibility criteria, may apply to this type of subscription. These terms of use are communicated to you before purchase.

8.5. Right of Withdrawal

By confirming their order, the User expressly agrees to waive their right of withdrawal.

8.6. Termination of Subscriptions

If you subscribe to a Paid Service subscription, including if it starts with a free trial period, you may, in addition to your right of withdrawal, terminate your subscription at any time. The termination will take effect at the end of the current billing period. After termination, you will retain access to the Paid Service until the end of that billing period, and you will not be entitled to any refund or credit for the remaining days of the current billing period.

ARTICLE 9: ACCOUNT TERMINATION

9.1. At the User’s Initiative

Any regularly registered member User may also request their deregistration by going to the dedicated page on their personal space. This will be effective within a reasonable period.

9.2. At the Initiative of Augmented Sports Technologies

Augmented Sports Technologies has the right to terminate all or part of the access rights corresponding to your account and your password, or to delete your account, as well as the right to remove or move any Content on the Service, due to the absence of use of the account for a period of one year, or in the event of use of your account contrary to good morals and/or public order. Any termination of your access to the Service may occur within 15 days following the sending of a simple email.

ARTICLE 10: CONTENT OF SUBMITTED VIDEOS

10.1. Nature of Contents

Any file transmitted by the User to Augmented Sports Technologies in the context of using the Services and any text posted by the User on the Site shall be referred to as “Content.” The User undertakes to transmit only table tennis videos as Content. More generally, all Users of the Site and/or the Services, whether members or not, agree not to use the Site or the Services offered to download, store, share, exchange any unlawful Content, or for use contrary to applicable law or the rights of third parties. Before transmitting any video to Augmented Sports Technologies, the User undertakes to obtain the express consent of any person (or, where applicable, their parent or legal guardian) identifiable in the video.

10.2. Guarantees

You guarantee that the transferred videos do not infringe the rights of third parties. Furthermore, you indemnify Augmented Sports Technologies against any claim and complaint of any kind, including claims for damages, that a third party may make due to the fraudulent use of any image. You shall bear all consequences, including financial ones, resulting from the fraudulent use of any kind of images that you have transferred to the Augmented Sports Technologies website and will indemnify Augmented Sports Technologies, in particular, for any convictions and defense costs resulting from such claims brought by third parties in court.

10.3. Liability

In general, you are responsible for any Content you upload.

When you access the Site or the Services, you acknowledge and agree that any public or private Content accessible on the Site is the sole responsibility of the person who addresses, keeps, shares, and/or exchanges it.

As such, you acknowledge that Augmented Sports Technologies cannot in any way guarantee the legality, quality, and compliance of the Content available on the Site. In no event shall Augmented Sports Technologies (including its officers, agents, employees, affiliates, and representatives) be liable for any demand of any kind, direct or indirect, in connection with the Content available on the Site or through the Services.

By providing any User Content on the Service, you grant Augmented Sports Technologies, as well as its users, a non-exclusive, royalty-free, transferable, worldwide license with the right to sublicense, for illustration, storage, public display or presentation, reproduction, recording, modification, creation of derivative works, monetization, downloading, translation, and distribution of your User Content, including for the purpose of promoting and redistributing all or part of the Service. Nothing in these Terms: (i) entitles you to payments or a share of

revenue from the monetization of User Content; or (ii) limits other legal rights we may have over User Content, for example, under other licenses. You can refuse to grant this license by indicating your preferences in the site settings.

10.5. Storage

The videos stored in your Augmented Sports Technologies account are kept for a limited time. By default, this period is set to 1 year from the date the video was submitted to the Site. This period may be extended if you subscribe to an offer that includes this service, under the conditions mentioned in the offer.

Augmented Sports Technologies makes no warranty in case of deletion, defect, or modification of the storage quality of any message, communication, or other Content broadcast or transmitted via the Service. Therefore, you are advised not to use Augmented Sports Technologies as the sole means of storing your videos.

10.6. Actions Initiated by Augmented Sports Technologies

You acknowledge and agree that Augmented Sports Technologies may disclose the Content you upload to comply with applicable laws or if necessary (i) as part of legal proceedings, (ii) to enforce the Terms of Use, (iii) to respond to complaints from third parties alleging violation of their rights, or (iv) to protect the rights or interests of Augmented Sports Technologies, its users, or the public.

You authorize Augmented Sports Technologies SAS to monitor, or have monitored by any third party appointed by it, any Content, at any time and without notice. Augmented Sports Technologies may then decide, at its discretion and without notice, to remove or move any Content at any time, or even to delete your Account under the conditions provided for in Article 23, provided that such Content is contrary to the Terms of Use, without this option being considered an obligation incumbent on it and without prejudice to the involvement of competent legal authorities.

ARTICLE 11: INTELLECTUAL PROPERTY

Trademarks, logos, signs, as well as all contents of the Site (texts, images, sound…) are protected by the Intellectual Property Code and more particularly by copyright. The User must obtain prior authorization from Augmented Sports Technologies for any reproduction, publication, copy of the Service and the Contents. They undertake to use the contents of the Site strictly for private purposes, any use for commercial and advertising purposes is strictly prohibited.

It is recalled in accordance with article L122-5 of the Intellectual Property Code that the User who reproduces, copies or publishes protected content must cite the author and its source. Any total or partial representation of this Site by any means whatsoever, without the express authorization of the Site operator would constitute infringement punishable by articles L 335-2 and following of the Intellectual Property Code.

ARTICLE 12: APPLICABLE LAW AND JURISDICTION

French law applies to this contract. In the absence of amicable resolution of a dispute arising between the parties, French courts shall have sole jurisdiction to hear it. For any questions regarding the application of these T&Cs, you can contact the publisher at the coordinates listed in ARTICLE 1.