Terms and Conditions

1Recitals and definitions

These Terms and Conditions (hereinafter the “Terms”) govern access to and use of the Woosh digital platform, including the mobile application, website and related services (hereinafter the “Platform” or “Woosh”), dedicated to amateur racket sports (tennis, padel and any further disciplines).

For the purposes of these Terms, the following definitions apply:

• Owner / Operator: WTS S.r.l., with registered office at Val di Rovere 18/B, 31031 Caerano di San Marco (TV), Italy, VAT No. and Tax Code 05595290262, registered with the Treviso-Belluno Company Register, certified e-mail (PEC) wts.pro@pec.it, in the person of its legal representative pro tempore Valerio De Matteis (Chairman), who manages and provides the Services through the Platform.
• Services: the set of features made available through the Platform, described in Article 5.
• User: any party who accesses or uses the Platform, in the various categories described in Article 4.
• Account: the registered personal profile required to access the Services.
• Player: a natural person who uses the Platform for amateur sporting activity.
• Club: a sports facility (club, centre, club) that uses Woosh’s management tools.
• Supervisor and Area Manager: territorial operational figures described in Articles 5.6 and 5.7.
• Entity: a sports promotion body that enters into an agreement with the Owner.
• Sponsor / Partner: parties who purchase visibility spaces or promotional services.
• Contents: data, texts, images, results, statistics and materials uploaded or generated through the Platform.
• TrueLevel: the Owner’s proprietary algorithm for determining the level of play.

2Subject matter and scope of application

These Terms govern the relationship between the Owner and each User in relation to the use of the Platform. Specific conditions for Clubs, Entities, Supervisors, Area Managers and Sponsors may be supplemented by separate agreements, conventions or contracts, which prevail over these Terms in the event of conflict, limited to the matters governed therein.

Woosh is a digital tool supporting amateur sporting activity, clubs and entities. It does not constitute a sports federation nor an alternative circuit to the federal ones; the Woosh rankings and levels are internal and amateur in nature.

3Acceptance of the Terms

Accessing and using the Platform entails full and unconditional acceptance of these Terms. A User who does not intend to accept them must refrain from using the Services.

Upon registration, the User is required to confirm having read and accepted the Terms and the Privacy Policy by ticking the appropriate box.

4Categories of Users and requirements

4.1General requirements

To register and use the Services, the User must be at least 14 years old, or, if a minor, act through the person exercising parental responsibility. The User warrants that the information provided is truthful, complete and up to date.

4.2Players

Natural persons who use the Platform for amateur sporting purposes (matchmaking, tournaments, ranking, statistics, bookings).

4.3Clubs

Sports facilities that use the management tools. Activation takes place through a dedicated account or agreement and may be subject to specific economic conditions (Article 6).

4.4Sports promotion bodies

Parties who enter into agreements, including non-exclusive and non-binding ones, for the distribution of the Platform to their affiliated network.

4.5Supervisors and Area Managers

Territorial figures who operate on the basis of specific agreements and may receive fees or commissions in accordance with the provisions of Article 6.6.

4.6Sponsors and Partners

Parties who purchase visibility and promotion services under dedicated agreements.

5Description of the Services

5.1Matchmaking

Woosh proposes to Users potential compatible opponents on the basis of level, distance, availability, discipline, history and preferences. The proposed compatibility is indicative and does not guarantee that the matches will actually take place or their outcome.

5.2TrueLevel level system

The level of play is determined by the proprietary TrueLevel algorithm on the basis of results, the level of opponents, the manner of victory/defeat, statistical reliability and history. Each discipline has a separate level. The level is an estimate for amateur purposes and may vary over time.

5.3Competitive ranking

The Platform provides rankings (club, city, provincial, regional, national) filterable by sport, age, gender, level and area. The rankings are internal to the Platform and serve motivational and organisational purposes.

5.4Tournaments (Woosh Open)

Woosh allows the digital organisation and management of tournaments at partner Clubs (registrations, draws, results, communications). The organisation, running and sporting responsibility for the event remain with the Club and/or the organiser, unless otherwise agreed.

5.5Statistics and progression

The Platform makes available match history, win rate, ranking points, level trend and personal statistics, for informational purposes.

5.6Supervisor

Supervisors support the organisation of tournaments and events. Relationships with Supervisors, including any fees, are governed by specific agreements.

5.7Area Manager

Area Managers coordinate territorial growth. The related relationships and fees are governed by specific agreements.

5.8Management software for Clubs

It includes, by way of example, court booking, calendar, time-slot management, payments, tournament and registration management, reports and analytics. The features actually available depend on the plan activated.

5.9Dashboard for Entities

Tools for the digitalisation of the affiliated network, the organisation of circuits, aggregate monitoring and reporting, in accordance with the terms of the relevant agreement.

5.10Service availability

The Owner undertakes to ensure the availability of the Platform with the utmost diligence, without however assuming any obligation of absolute continuity. Interruptions are possible for maintenance, updates or causes of force majeure.

6Economic conditions, payments and invoicing

6.1General principles

Some features are free of charge; others are subject to payment according to the consideration indicated on the Platform or in the specific agreements at the time of purchase. Prices are inclusive of VAT unless otherwise indicated.

6.2Free and premium features for Players

Basic matchmaking and certain features may be offered free of charge. Premium features (e.g. advanced statistics, subscriptions, additional services) are subject to the consideration indicated. Subscriptions, unless otherwise indicated, renew automatically upon expiry; the User may disable renewal from the Account settings before the expiry of the current period.

6.3Court booking

Woosh may apply a fee on the court booking, borne by the Player, indicated transparently before confirmation. The availability, court price and conditions of use are set by the Club. Any bank/payment fees and any revenue share with the Club or Entity are managed in accordance with the applicable agreements.

6.4Tournament registrations

Registration for tournaments may involve an entry fee and/or a Woosh fee (fixed per participant or as a percentage), indicated before completion of the registration. The entry fee and the sporting rules of the tournament are defined by the organiser/Club.

6.5Subscriptions and services for Clubs and Entities

The use of the management software may be subject to a periodic fee, to concessionary arrangements through Entities, or to models with a reduced fee and commissions on bookings, according to the applicable offer or agreement.

6.6Fees for Supervisors and Area Managers

Any commissions or fees are governed by separate agreements and paid on the terms provided therein, in compliance with the applicable tax legislation.

6.7Sponsors and Partners

Visibility and promotion services (sponsorships, tournament naming, presence in the app and at events, branded content) are governed by dedicated contracts that define their scope, duration and consideration.

6.8Payment methods and invoicing

Payments are managed through the payment service providers integrated into the Platform. The Owner does not retain the complete data of the payment instruments, which is processed directly by the payment service provider. Tax documentation is issued in accordance with the legislation in force.

6.9Refunds and the consumer’s right of withdrawal

For Users acting as consumers within the meaning of Legislative Decree No. 206/2005 (Consumer Code), the right of withdrawal within 14 days of the conclusion of the contract relating to digital content/services applies, where the conditions are met. The User acknowledges that, by requesting the immediate performance of the Service (e.g. activation of a premium feature or registration for an event already under way) and declaring acceptance of the consequent loss of the right of withdrawal, the withdrawal may not be exercised. The refund conditions for bookings and tournaments (e.g. cancellations, no-shows) are indicated at the time of purchase and/or set by the Club/organiser.

7User obligations and conduct

The User undertakes to:

• use the Platform in compliance with the law, sporting fair play and these Terms;
• provide truthful information, including regarding match results;
• not manipulate scores, rankings or levels, nor alter the functioning of the TrueLevel system;
• not engage in harassing, discriminatory, defamatory or harmful conduct towards other Users;
• comply with the rules on the use of communications and content set out in Article 8;
• not use the Platform for unlawful, fraudulent or unauthorised purposes;
• diligently safeguard the credentials of their own Account, for which they are responsible.

The running of matches and sporting events takes place under the exclusive responsibility of the Users and/or the organising Clubs. The Owner is not the organiser of matches between Players and is not liable for injuries, damages or disputes between them.

8Communications, chat and User Contents

8.1Messaging feature

The Platform may make available communication tools between Users (chat, messages, comments) for purposes connected with sporting activity, such as the organisation of matches, tournaments and events. Such tools must be used exclusively for lawful, pertinent purposes that comply with these Terms.

8.2Appropriate use and prohibited content

The User is responsible for the messages, Contents and materials that they send, publish or share. It is expressly forbidden to send, publish or transmit, via chat or other features of the Platform, content that:

• is of a sexual, pornographic or obscene nature or that depicts nudity;
• is violent, gruesome, or that incites hatred, violence or self-harm;
• is discriminatory or offensive on the basis of ethnicity, religion, gender, sexual orientation, disability or other personal characteristics;
• constitutes harassment, threats, intimidation, stalking or bullying towards other Users;
• is defamatory, insulting or harmful to the reputation or privacy of others;
• involves minors in any way in sexual or inappropriate contexts, or disseminates their data or images without authorisation;
• infringes the intellectual or industrial property rights of third parties;
• contains spam, unauthorised advertising, chain messages, fraud, phishing or links to unlawful or malicious content;
• promotes unlawful activities or the sale of prohibited goods and services;
• disseminates the personal data of third parties without their consent.

8.3Protection of minors

The Platform in no case tolerates content that exploits, endangers or sexualises minors. Any content of this nature shall be removed and may be reported to the competent authorities, in addition to resulting in the immediate deactivation of the Account.

8.4Moderation, reports and blocking

The User may report inappropriate content or conduct and block other Users through the tools made available on the Platform. The Owner is not obliged to carry out systematic prior monitoring of communications between Users, but reserves the right to review, remove or restrict the visibility of Contents that are reported or that prove to be contrary to these Terms or the law, as well as to suspend or deactivate the Accounts responsible, in accordance with Article 12. Communications may be retained within the limits and for the purposes indicated in the Privacy Policy, including for the handling of reports and for legal obligations.

8.5Licence and responsibility for Contents

The User is responsible for the Contents they publish and warrants that they hold title to them. By publishing Contents on the Platform, the User grants the Owner a non-exclusive, free-of-charge licence limited to the provision and promotion of the Services (e.g. display of results, rankings, statistics). The Owner may remove Contents that are unlawful or contrary to the Terms.

9Intellectual property

The Platform, the “Woosh” trademark, the software, the editorial content, the interfaces and the TrueLevel algorithm are owned by the Owner or its licensors and are protected by intellectual property legislation. Any reproduction, modification, decompilation or unauthorised use is prohibited. The trademarks of Clubs, Entities and Sponsors remain the property of their respective owners; tournaments may retain the name, identity and sponsor of the Club.

10Processing of personal data

The processing of personal data is governed by the specific Privacy Policy, drawn up pursuant to Regulation (EU) 2016/679 (GDPR) and Legislative Decree No. 196/2003 as amended, available at the Privacy Policy page. In relationships with Clubs and Entities, where these determine the purposes and means of the processing, the roles of controller/processor and any agreements pursuant to Article 28 GDPR are defined in writing.

11Limitation of liability

To the extent permitted by law, the Owner is not liable for:

• the outcome, running or organisation of matches and events between Users or Clubs;
• the absolute accuracy of levels, rankings, statistics or matchmaking proposals, which are indicative in nature;
• damages arising from interruptions, malfunctions or force majeure not attributable to the Owner;
• the conduct of third parties (Users, Clubs, Sponsors, payment providers).

The Owner’s liability remains unaffected in cases of wilful misconduct or gross negligence and within the mandatory limits of the law, in particular towards consumers.

12Suspension and termination

The Owner may suspend or deactivate an Account in the event of a breach of the Terms, fraudulent use or prejudice to other Users or to the Platform. The User may close their Account at any time from the settings or by contacting support, without prejudice to the economic obligations already accrued.

13Amendments to the Terms

The Owner may amend these Terms for regulatory, technical or organisational needs. Amendments are communicated through the Platform or another suitable channel with reasonable notice. Continued use after entry into force entails acceptance of the amendments; failing this, the User may cease using the Services.

14Duration

The Terms apply for the entire duration of use of the Platform. The economic conditions and specific agreements (Clubs, Entities, Supervisors, Area Managers, Sponsors) follow the duration agreed in the respective contracts or conventions.

15Force majeure

The Owner is not liable for non-performance due to causes of force majeure or events that are not reasonably foreseeable or avoidable.

16Applicable law and jurisdiction

These Terms are governed by Italian law. For any dispute, the Court of Treviso shall have exclusive jurisdiction, save, for consumer Users, the application of the mandatory jurisdiction of the consumer’s place of residence or domicile pursuant to the Consumer Code.

17Unfair terms

Pursuant to and for the purposes of Articles 1341 and 1342 of the Italian Civil Code, the User declares to have read and to specifically approve the clauses set out in the following articles: 5.10 (Service availability), 6.2 (automatic renewal of subscriptions), 6.9 (refunds and withdrawal), 8.4 (moderation, removal of Contents and blocking), 11 (Limitation of liability), 12 (Suspension and termination), 13 (Amendments to the Terms), 16 (Jurisdiction).

18Final provisions

The possible invalidity of a clause does not affect the validity of the remaining ones. Tolerance of non-conforming conduct does not constitute a waiver of rights. These Terms constitute the entire agreement between the parties in relation to the use of the Platform, without prejudice to the specific agreements referred to herein.

19Contacts

For any request relating to these Terms:

• Owner: WTS S.r.l.
• Email: info@woosh.it
• PEC: wts.pro@pec.it
• Registered office: Val di Rovere 18/B, 31031 Caerano di San Marco (TV), Italy
• VAT No./Tax Code: 05595290262