Terms and Conditions of the NextWin AI Service

1. These Terms and Conditions (the "Terms") govern the rights and obligations between the Operator and the User when using the digital service NextWin AI (the "Service" or the "Application"), available in particular at the domains nextwin.ai, www.nextwin.ai, nextwinai.com, www.nextwinai.com and related subdomains, including the mobile and web interface.

2. The Service is a digital service within the meaning of Section 2389a et seq. of the Czech Civil Code (supply of digital content and digital services).

3. The contract is formed by registering an Account and confirming agreement with the Terms by actively ticking the relevant box. Consent to the processing of personal data which the law requires (in particular under Art. 7(4)) is not a condition for entering into the contract, is given separately, and may be withdrawn at any time.

4. Deviating arrangements in a contract with the User prevail over the Terms if they are in writing or otherwise provable.

5. The Operator may amend the Terms for justified operational, legal or security reasons. The Operator informs the User of a change at least 30 days before it takes effect, by email or in the Application. Both a consumer and a business user may terminate the contract without penalty before the change takes effect; if the User does not terminate it and continues to use the Service after the change takes effect, the User is deemed to agree to the change, and the Operator informs the User of this consequence in the notice. A change cannot create an abusive term within the meaning of Sections 1813 to 1815 of the Czech Civil Code.

1. The Operator of the Service is:

(the "Operator").

2. For communication regarding the contract, complaints, notices of illegal content and requests under Art. 4b, the email support@nextwin.ai is used, or a contact form in the Application if the Operator makes one available. This contact is also used for communication with supervisory authorities. Notices and requests may be submitted in Czech and English.

3. If a payment transaction is processed through a payment intermediary (in particular Stripe), Stripe or an entity designated by Stripe may be shown for a particular payment as the merchant of record / seller. In that case the payment intermediary's terms may also apply to the payment relationship; this does not release the Operator from its obligations regarding provision of the Service, unless the nature of the transaction and the law provide otherwise.

For the purposes of these Terms:

1. User – a natural or legal person who has an account in the Service or otherwise uses the Service (including a parent / legal guardian managing an account on behalf of a minor athlete).
2. Consumer – a User who is a consumer within the meaning of Section 419 of the Czech Civil Code.
3. Account – a user account created by registration (email and password, Google SSO, Apple SSO, an invitation, or another method supported by the Operator).
4. Player / Athlete – an athlete profile kept in the Application (including a junior profile managed by an adult User).
5. Primary athlete – the athlete whose performance is the primary subject of the uploaded Video and the subsequent analysis (in the Application often the "primary / analyzable player").
6. Video – an audiovisual recording uploaded, filmed or otherwise inserted by the User into the Service (in particular match / training clips, Video Pilot stroke evidence and similar).
7. AI Outputs – outputs of automated or semi-automated processing (in particular match analyses, Player Analysis / Player Memory, Tennis Chat / Ask AI, technique video analyses, voice transcripts, recommendations and related reports).
8. User Content – data and materials the User inserts into the Service (including Videos, notes, reflections, match data, opponents, locations and communication in Circle).
9. Circle – a sharing / collaboration feature (for example parent, family, coach, contributor) within the permissions set in the Application.
10. Plan / credits – paid or freemium access levels (in particular free, NextWinAI Pro, the NextWinAI One package / credits), as currently offered in the Application.

1. The Operator provides the User with access to the Application intended in particular for:
- recording and tracking tennis matches (including Track Live mode and post-match logs),
- keeping player profiles and long-term "Player Memory",
- AI performance analyses, reports and recommendations,
- Tennis Chat / Ask AI over available evidence about the player / match,
- collaboration within Circle (invitations, roles),
- uploading and processing Videos (including Video Pilot and related video-analysis features),
- related supporting features (profile, language settings, notifications, payments).

2. The specific scope of features depends on the User's type of access (for example the standard product, video-only / Video Pilot, a pilot cohort, admin features) and on the active Plan / credits. The Operator may gradually expand, limit or adjust features; a material deterioration of a Consumer's access to the digital service is announced in advance, and the Consumer may terminate the contract under Section 2389q of the Czech Civil Code.

3. The Service is support for sports preparation and an analytical tool. It is not a medical, physiotherapy or other healthcare service, and AI Outputs do not replace the professional assessment of a coach, physician or other specialist.

4. Some parts of the Service may be labelled beta, pilot, preview or experimental. They may have a higher error rate, and the Operator may adjust or discontinue features at any time; towards a Consumer, only to the extent permitted by mandatory law.

1. The User represents and warrants that:
a) the User is entitled to upload the Video and to grant the licence under Art. 6;
b) the User made the Video in accordance with the law and the rules of the event organiser or the venue operator;
c) the User has the consent of the Primary athlete or of that athlete's legal guardian to make the Video and upload it to the Service;
d) before uploading, the User reasonably informed other obviously affected persons (in particular the opponent and the opponent's legal guardian if the opponent is a minor) that the Video will be processed by the Service, or verified that the event organiser provides such information, and uploads only a Video whose making and uploading is proportionate to the purpose of analysing sporting performance;
e) the Video does not contain persons in situations in which privacy can be expected (changing rooms, sanitary facilities), nor illegal, violent, sexual or degrading content.

2. The User acknowledges that, besides the Primary athlete, other persons may be captured on the Video, in particular the opponent, officials, coaches and spectators. The Operator processes those persons on its own legal basis, as described in Art. 6(4) and in the Privacy Policy, and they are not a party to the contract.

3. The User is liable to the Operator for proven harm the Operator suffers from a culpable breach of paragraph 1, including costs reasonably incurred in settling justified claims of third parties. Liability does not extend to harm caused by the processing itself under Art. 6 and 7. Towards a Consumer, this paragraph applies only to the extent permitted by Sections 2898 and 1813 to 1815 of the Czech Civil Code.

1. Illegal content may be reported to support@nextwin.ai or through a contact form in the Application if the Operator makes one available. A notice contains identification of the Video (a link or details enabling it to be found), the reasons why it is illegal content, the name and email of the person giving notice, except for notices of criminal offences referred to in Articles 3 to 7 of Directive 2011/93/EU, and a statement of good faith. The Operator confirms receipt of the notice without undue delay.

2. The Operator assesses the notice without undue delay, and with priority where persons under 18 or intimate data are concerned. The Operator informs the person who gave notice of the outcome.

3. The Operator may make a Video unavailable, stop its analysis or delete it. The Operator tells the User the reasons and the possibility to object, unless doing so would jeopardise an investigation or the protection of the person concerned. The Operator may take a measure even without a notice if it otherwise learns of illegal content.

4. The User may object to a measure within 14 days of being notified of the reasons. A person, and not an exclusively automated process, assesses the objection without undue delay.

5. A person captured on a Video who does not have an Account (or that person's legal guardian) may at any time request masking, exclusion from analysis, erasure, or exercise other rights under the GDPR at support@nextwin.ai. The Operator handles the request without undue delay, and at the latest within the period set by the GDPR, and provides a simple form for that purpose.

1. The Operator is not obliged to review Videos in advance or actively to seek illegal circumstances. Automatic detection and masking of persons is carried out to protect the persons concerned and is not a guarantee of completeness, nor an assurance to the User or third parties that the Video contains no illegal content.

2. In the event of a repeated or serious breach, access may be limited or the Account cancelled; repeated or manifestly unfounded objections or notices may be treated as abuse.

3. The Operator reports a suspicion of a criminal offence to the competent authorities where the law requires it.

1. The Operator is not liable for the content of a Video stored at the User's request if, having regard to the subject of its activity and the circumstances and nature of the case, it could not have known that the content or the User's conduct was illegal, or if, after obtaining actual knowledge of the illegal content, it promptly took steps to remove or disable it (Section 5 of Act No. 480/2004 Coll., Article 6 of Regulation (EU) 2022/2065).

2. Paragraph 1 does not apply to AI Outputs, the Player profile, the Operator's own processing of personal data, or harm caused intentionally or by gross negligence. It cannot be interpreted as a contractual limitation of third-party claims; towards a Consumer, Sections 2898 and 1813 to 1815 of the Czech Civil Code apply.

1. Full use of the Service generally requires registration of an Account. The User must provide true and up-to-date details and protect the login credentials.

2. Age and junior profiles
a) For Video Pilot / video upload and processing features, the Account holder must be a person over 18 years of age who confirms adulthood (adult attestation) and is responsible for managing junior profiles.
b) A Player profile of a person under 18 may be created and managed only by a legal guardian or another adult authorised by the guardian. Before processing a Video in which the Primary athlete is a minor, the Operator requires confirmation that the User is that athlete's legal guardian or has the guardian's consent, and takes reasonable steps to verify that confirmation having regard to the available technology.
c) The User must not allow a person under 18 to upload Videos independently in breach of these Terms and the Application settings.

3. The Operator may also create an Account on the basis of an invitation (admin, Circle) or within a pilot programme. Roles in the Application (for example admin / member, parent / coach / family / contributor) determine the scope of permissions, not automatically the contractual type.

4. The User must not:
- circumvent security and access restrictions,
- share the Account in a way that endangers security or infringes third-party rights,
- create Accounts automatically or misuse the Service (scraping, reverse engineering beyond what the law allows, overloading the infrastructure),
- upload content in breach of Art. 4a or Art. 8.

5. The Operator may require email verification and, on first sign-in, a change of a temporary password.

1. By uploading a Video, the User grants the Operator a non-exclusive, worldwide licence, limited in time to the period of provision of the Service and related archiving, transferable to subcontractors necessary to operate the Service, to:
- store, transmit, display and play the Video within the Account and for authorised Circle members,
- technically process it (transcode, playback optimisation, backups, security checks),
- analyse it using AI systems (including disclosure to processors / subcontractors, for example cloud AI providers, bound by a processing agreement) in order to create AI Outputs for the User; neither the Operator nor its processors will use the Video to train their own or third-party models without separate consent under Art. 7(4),
- create derived analytical data (stroke metadata, movement phases, confidence scores, coaching summaries) and display them in the Application,
- take measures under Art. 4b and 4c (making unavailable, masking, erasure).

2. The licence does not include the Operator's right to publicly distribute the Video outside the Service as marketing material without the User's further consent, unless the User publishes the Video using an available sharing feature.

3. The User represents that the User has the rights needed to grant the licence under paragraph 1 and that the Video and its processing will not infringe third-party rights (personality rights, copyright, trade mark rights, tournament / venue rules). Detailed warranties for Videos are set out in Art. 4a.

4. Primary athlete and other persons on the Video. Analysis focuses on the Primary athlete. Other persons may be captured on the Video, in particular the opponent, officials and spectators. The Operator is the controller of their personal data and processes them on the basis of legitimate interest in providing sporting-performance analysis (Article 6(1)(f) GDPR), using these measures: for persons other than the Primary athlete, no profile, identifiers or AI Outputs are created, even at the User's request; those persons are masked, where technically possible, before disclosure to AI providers; audio is processed only to the extent necessary for the analysis. Automatic tools are not a guarantee of completeness. The rights of those persons are set out in Art. 4b(5) and the Privacy Policy.

5. Upload limits. The Operator may set technical limits (clip length, number of clips, file size, formats, number of active submissions). Exceeding the limits may lead to the upload being refused.

6. Retention and erasure. The original Video is kept for the duration of the analysis and thereafter for no more than 30 days after its completion, unless the User chooses longer storage in the User's library (for no more than 12 months); persons other than the Primary athlete are masked in the stored Video. AI Outputs and derived analytical data about the Primary athlete are kept for the life of the Account or the Player profile, or until erasure by the User or the Operator under Art. 4b, 4c and the Privacy Policy. After erasure, the Operator takes reasonable steps to remove files from storage; remnants in backups may temporarily persist until the backups rotate.

7. A person captured on a Video without an Account has the rights under Art. 4b(5).

8. Processing of a Video may take place at processors (hosting, AI, storage) also outside the EEA. The Operator transfers personal data outside the EEA only under Chapter V GDPR (an adequacy decision, standard contractual clauses, or another appropriate mechanism). The list of processors and transfers is set out in the Privacy Policy.

9. Before the first upload of a Video, and again on every upload, the Application displays a notice that other persons may be on the Video and need to be informed, and that uploading a Video of minors requires confirmation under Art. 5(2)(b). The User confirms this notice by an active act.

1. The Operator's processing of personal data is governed by the Privacy Policy available at /privacy (currently the version indicated in the Application, for example 2026-06-15) and by these Terms. In the event of a conflict in the area of personal-data protection, the Privacy Policy and mandatory rules (the GDPR, Act No. 110/2019 Coll.) prevail.

2. Within the Service, the following may in particular be processed:
- Account identification and contact details,
- Player data (name, sex, date of birth, laterality, avatar),
- match data, statistics, locations and notes,
- Videos and analytical data derived from them,
- technical and security data (IP, logs, device),
- payment metadata (subscription status, credits; payment details are processed by the payment intermediary).

3. AI Outputs
a) AI Outputs are generated from available data and third-party models; they may contain inaccuracies, omissions or subjective wording.
b) AI Outputs serve as a basis for the User's sporting decisions, not as binding expert opinions.
c) The Operator is not liable for decisions the User makes solely on the basis of AI Outputs.
d) The Operator may translate, version and, in justified cases, correct or invalidate AI Outputs.

4. Player Memory and profiling. Basic analysis of a Video and a match is carried out on the basis of the contract. Long-term keeping of a Player profile (Player Memory), that is linking analyses over time and deriving trends and recommendations beyond a single match, takes place only on the basis of the User's separate, specific and voluntary consent (for a minor Player, the legal guardian's consent) under Article 6(1)(a) GDPR. Consent may be withdrawn in the Application at any time as easily as it was given; withdrawal does not affect basic Service features that do not require Player Memory. Consent may be requested again if the purpose or the categories of data change.

5. Automated processing. The Operator does not take decisions based solely on automated processing which produce legal effects, or similarly significant effects, concerning the Primary athlete or another person (Article 22 GDPR). Decisions with legal effects towards the User (for example making a Video unavailable, cancelling an Account) are subject to human review under Art. 4b, unless the law provides otherwise.

6. The User (and the legal guardian) is responsible for the truth of statements about legal representation and about authority to insert data of a minor Player. The Operator, as controller, takes reasonable steps to verify those statements; this does not affect its own responsibility as controller.

7. AI Outputs about a Player under 18 are not intended for assessment, selection or other decision-making about the child by third parties (clubs, associations, coaches outside Circle). Access by Circle members to a junior profile and Videos is determined by the legal guardian and may be limited at any time.

8. The User exercises requests for access, rectification, erasure, restriction, portability or objection under the Privacy Policy, ordinarily at support@nextwin.ai. Requests concerning Videos under Art. 4b are not affected.

1. The User must use the Service in accordance with the law, these Terms, the rules of the sports-event organiser / venue, and the Operator's instructions in the Application.

2. It is prohibited in particular:
- to upload content in breach of Art. 4a,
- to distribute malware or phishing, or otherwise to compromise security,
- to harass other Users or third parties,
- to use the Service for unlawful surveillance, doxxing or invasion of privacy,
- to provide false details in order to obtain access to junior or payment features,
- to resell access to the Service without the Operator's consent,
- to use AI Outputs in a way that misleads third parties about their nature (for example presenting them as a medical diagnosis).

3. A breach may lead to measures under Art. 4c and Art. 14.

1. Basic access to the Service may be provided free of charge ("free" / "the start is free"), to the extent currently offered by the Operator. Extended features may require:
- a NextWinAI Pro subscription (typically monthly),
- a one-off purchase of a NextWinAI One package (credits; currently for example 5 credits per package, unless the Application states otherwise),
- another Plan published in the Application.

2. Current prices, currency, VAT / tax treatment and the description of Plans are shown in the Application / payment interface before the order is completed. The price displayed at the time of the order is binding for that transaction.

3. Payments are made through a payment intermediary (Stripe). The User must keep a valid payment method where the chosen Plan requires it.

4. A subscription renews automatically for a further period until it is cancelled in the manner offered in the Application / the payment intermediary's customer portal. Cancellation ordinarily takes effect at the end of the period already paid for, unless stated otherwise.

5. Credits are credited after successful payment and are consumed under the Application's rules. Unused credits are not converted into money, unless mandatory law or an express agreement requires it.

6. The Operator may change prices for the future. It announces a change at least 30 days in advance. The change does not affect a subscription period already paid; the User may cancel the subscription before the change takes effect, otherwise the change applies from the next period. Art. 1(5) also applies to Consumers.

7. The User keeps billing details up to date. For a business user, the Operator may require a company ID and a billing address.

1. A Consumer has the rights under the Czech Civil Code and the Consumer Protection Act. Information on out-of-court dispute resolution is in Art. 16.

2. Withdrawal from a distance contract (Section 1829 et seq. of the Czech Civil Code)
A Consumer may withdraw from the contract within 14 days of its conclusion without giving a reason.
Exception (Section 1837(l) of the Czech Civil Code): For a contract for the supply of digital content not supplied on a tangible medium, the Consumer does not have a right of withdrawal if:
- the Operator began performance with the Consumer's express consent before the period expired,
- the Consumer was informed that the right of withdrawal thereby ends, and
- the Operator provided confirmation as required by law.
Before making paid digital content / the service available, the Operator requests this consent in the order process (or an equivalent at the payment intermediary).

3. The Consumer notifies withdrawal to the Operator at support@nextwin.ai (a clear statement is sufficient). A model form is not mandatory.

4. Defects in digital content / the service (Section 2389a et seq. of the Czech Civil Code).
The digital service must conform to the contract (functionality, compatibility, updates to a reasonable extent). In the event of a defect, the Consumer has the rights to repair / bringing into conformity, an appropriate price reduction, or withdrawal, under the conditions of the law. A complaint is made at support@nextwin.ai with a description of the defect and identification of the Account.

5. A business user (non-Consumer) complains of defects without undue delay; claims are governed by the contract and the dispositive rules of the Czech Civil Code.

6. The Operator refunds money for a justified withdrawal / complaint by the same means of payment, unless agreed otherwise, within the statutory periods; for payments via Stripe, Stripe may technically carry out the refund.

1. The Application, its software, database structures, design, the Operator's texts, the NextWin AI / NextWinAI logos and protective elements are protected by intellectual-property law and belong to the Operator or its licensors.

2. The User receives only a non-exclusive, non-transferable right to use the Service for the User's own needs (or the needs of Players the User manages) in accordance with the Terms. The Application source code is not provided.

3. User Content remains with the User (or the entitled third party), with a licence to the Operator under Art. 6. The User may use AI Outputs for the User's own sporting and training purposes; the Operator reserves rights to models, prompts and statistical findings that are genuinely anonymised, meaning they do not allow identification of any person, and are not derived from a Video. Use of a Video to train models requires separate consent under Art. 7(4).

4. The User must not remove legal notices, copy substantial parts of the Application, or create a competing service based on unauthorised use of non-public interfaces.

1. The Operator aims for reasonable availability of the Service, but does not guarantee uninterrupted and error-free operation (outages of third-party infrastructure, maintenance, force majeure).

2. The Operator may carry out maintenance, updates and security interventions even without prior notice where necessary; for planned material outages it aims to give reasonable notice.

3. Temporary unavailability of AI subcontractors may limit generation of AI Outputs without, by itself, constituting a defect of the whole Service, if the basic recording features remain available.

4. The Operator may discontinue the Service or part of it. For a Consumer with a prepaid period, the Operator provides a proportionate refund of the unused period where the law requires it or where it is fair in the circumstances.

1. The Operator is liable to the User for harm caused by a breach of its obligations to the extent of mandatory rules.

2. Towards a Consumer, limitations of liability apply only to the extent permitted by Sections 1813 to 1815 and 2898 of the Czech Civil Code; liability for harm caused intentionally or by gross negligence cannot be excluded in advance, nor can rights arising from defective performance be excluded contrary to the law.

3. Towards a business user (non-Consumer), the Operator is not liable for indirect, consequential or lost-profit harm, and total liability from a single loss event is limited to the amount of fees actually paid by the User to the Operator for the Service during the 12 months before the harm arose (for free use, no more than CZK 1,000), except for harm caused intentionally or by gross negligence and cases where the law does not allow a limitation.

4. The Operator is not liable for:
- the content of Users' Videos to the extent of Art. 4d,
- decisions the User makes on the basis of AI Outputs,
- the conduct of Circle members to whom the User granted access,
- outages of third parties (hosting, AI, payments, email), if the Operator exercised professional care in selecting and managing suppliers,
- harm caused by the User in breach of Art. 4a or Art. 8.

5. The User's obligation to reimburse costs under Art. 4a(2) is not affected.

1. The contract for use of the Service is concluded for an indefinite period, unless a particular Plan provides otherwise.

2. The User may cancel the Account / terminate the contract in the manner provided in the Application or by a request to support@nextwin.ai. A subscription must also be cancelled in the payment interface so that further charges are not made.

3. The Operator may limit or cancel an Account:
a) in the event of a breach of the Terms (in particular Art. 4a, 4c and 8),
b) where there is reasonable suspicion of fraud or a threat to security,
c) in the event of long-term inactivity of a free Account after prior notice,
d) if the Service is discontinued.

4. After termination, the Operator disables the Service and deals with personal data and User Content under the Privacy Policy and Art. 6(6). In the cases provided by law, a Consumer has the right to receive the digital content the Consumer provided in a machine-readable format, where the law requires it and it is technically reasonable.

1. The Operator communicates with the User electronically (email, the Application interface).

2. The Operator sends commercial communications in accordance with Act No. 480/2004 Coll. and the GDPR (consent, or the exception for existing customers with a simple opt-out).

3. The use of cookies and similar technologies is governed by the consent settings in the Application (necessary / analytics / marketing) and by the Privacy Policy.

1. These Terms and the contractual relationship are governed by the law of the Czech Republic, subject to the mandatory consumer-protection rules of the state of the Consumer's habitual residence where those rules apply.

2. The parties will try to resolve disputes amicably through support@nextwin.ai.

3. A Consumer may use out-of-court resolution of consumer disputes at the Czech Trade Inspection Authority (https://www.coi.cz). This does not affect the right to go to court.

4. Supervision in the area of personal-data protection is exercised by the Office for Personal Data Protection.

5. For disputes with a business user, the court with local jurisdiction is the court of the Operator's registered office, unless a mandatory rule provides otherwise.

1. If a provision of the Terms is invalid or ineffective, the validity of the other provisions is not affected; the invalid provision is replaced by a rule closest to its meaning and purpose.

2. The Operator's failure to exercise a right does not mean a waiver of that right.

3. The Terms are drawn up in the Czech language. If a translation is provided, the Czech version prevails in the event of a conflict, unless mandatory consumer law requires otherwise.

4. The current wording of the Terms is available in the Application / on the Operator's website. Recommended URL after deployment: /terms (or a localised equivalent).

5. Annexes (if any): the price list / description of Plans published in the Application; the Privacy Policy.

The Privacy Policy is a separate document available at https://www.nextwin.ai/privacy.