Terms of Service

TONOTENIS — Tennis, Beach Tennis, and Padel Club Management App

1. Preamble

PLEASE READ THESE TERMS OF SERVICE CAREFULLY BEFORE ACCESSING OR USING THE SERVICES.

1.1. By accessing and using the Services, you, as an individual or legal entity, agree to these terms and conditions (“Terms” or “Terms of Service”), which establish the contractual relationship between you, as a User, and the party responsible for the TONOTENIS application, identified in Section 2. If you do not agree to these Terms, you may not access or use the Services.

1.2. These Terms of Service constitute an adhesion contract under the Brazilian Consumer Protection Code (CDC — Law No. 8,078/1990) and are supplemented by the Privacy Policy, which is an integral and inseparable part of these Terms, and not merely an additional document.

1.3. TONOTENIS is available for iOS and Android devices. These Terms apply equally to both versions.

1.4. This document was originally written in Brazilian Portuguese. In the event of a translation into other languages, the Portuguese version shall prevail in case of discrepancy.

1.5. TONOTENIS may modify the Terms relating to the Services as described in Section 19.

2. Data Controller Identification

The TONOTENIS application is developed and operated by:

• Controller: William Faria Siqueira, individual, registered under the Brazilian individual taxpayer registry (CPF) No. 737.184.086-00
• E-mail for privacy matters: privacidade@tonotenis.com.br
• E-mail for general support: suporte@tonotenis.com.br

Under the ANPD Resolution CD No. 2, dated January 27, 2022, the controller qualifies as a small-scale data processing agent.

For detailed information about the processing of personal data, please refer to Section 2 of the Privacy Policy.

3. Glossary

For a better understanding of these Terms, the following definitions apply:

4. Service Description

TONOTENIS is a digital platform for tennis, beach tennis, and padel management, designed for players, clubs, academies, schools, and sports groups.

4.1 Features for Players

4.2 Features for Managers

4.3 Nature of the Service

TONOTENIS is a sports management tool. The Application is not a sports practice facility, gym, school, event organizer, or competition promoter. Sports activities and in-person interactions are the sole responsibility of Users and physical venues.

4.4 Availability

The service is offered on an “as-is” basis, with a free basic tier (with ads) and a Premium Subscription option (without ads), as detailed in Section 7.

5. Platform Access

5.1 Minimum Age

5.2 Refusal and Cancellation

TONOTENIS may refuse, not approve, cancel, or limit any requests if:

• You do not provide accurate information
• Fraudulent use is detected
• There is an attempt or violation of these Terms
• Any applicable laws are violated
• A User under 12 years old is identified

5.3 Technical Requirements

To use TONOTENIS, you must:

• Have a compatible mobile device (iOS or Android)
• Have an Internet connection service
• Keep the Application up to date

TONOTENIS is not responsible for issues arising from inadequate equipment or insufficient Internet connection.

6. Registration and User Account

6.1 Registration Requirements

To create an account on TONOTENIS, you must:

• Meet the minimum age requirements described in Section 5.1
• Provide true, accurate, and up-to-date information
• Have a valid e-mail address
• Create a secure password and keep it confidential

By completing the registration, you declare that you meet the minimum age requirements.

6.2 Account Responsibility

You are fully responsible for:

• All activities carried out on your account
• Keeping your access credentials confidential
• Immediately notifying us of any unauthorized use
• Keeping your registration data up to date

6.3 One Account per User

Each User must have only one account. Creating multiple accounts for the same person is prohibited and may result in the suspension or deletion of all associated accounts.

6.4 Profile Data

By completing your profile, you acknowledge that certain data (name, nickname, photo, sports practiced, playing style) will be visible to members of the Venues to which you are associated, as detailed in the Privacy Policy.

6.5 Birthdays

By providing your date of birth, you consent to the day and month being displayed to members of the same Venues to which you are associated, as part of the birthday feature. The year of birth is not displayed in this context.

7. Monetization, Advertising, and Premium Subscription

7.1 Business Model

TONOTENIS operates on a two-tier model:

• Free tier: all features, with ad display
• Premium Subscription: all features, without ads

7.2 Advertising (Google AdMob)

The Application displays ads provided by Google AdMob in the following formats:

• Banner: fixed ads in specific areas of the interface
• Interstitial: full-screen ads displayed during screen transitions
• Rewarded interstitial: full-screen ads with optional reward

The frequency and placement of ads are managed by the TONOTENIS server and may be adjusted without prior notice.

Ad personalization depends on User consent:

• On iOS devices: through the ATT (App Tracking Transparency) permission
• On all devices: through Google's UMP (User Messaging Platform) framework

Denying tracking has no functional impact — the User will simply receive contextual (non-personalized) ads.

7.3 Premium Subscription

The Premium Subscription removes all ads from the Application.

• Billing is handled exclusively by the App Store (Apple) or Play Store (Google)
• TONOTENIS does not have access to credit card data, bank account information, or payment methods of the User
• Cancellation must be done in the subscription settings of the platform (App Store or Play Store), not within TONOTENIS
• Refund requests must be directed to the billing platform (Apple or Google), as TONOTENIS does not process payments
• Subscription benefits (ad removal) remain active until the end of the current billing period, even after cancellation

7.4 Grace Period

TONOTENIS may grant temporary ad-free periods (Grace Period) to new users or in other situations at the Controller's discretion.

• The duration of the Grace Period is determined by the server and may be changed without prior notice
• The Grace Period is not a subscription and does not confer additional rights to the User
• There may be a minimum interval (cooldown) between Grace Periods

7.5 Free Features

All essential TONOTENIS features are available on the free tier. The Premium Subscription is limited to ad removal.

TONOTENIS reserves the right to introduce, in the future, exclusive features for Premium subscribers, with prior notice to Users.

8. Platform Responsibilities

8.1 TONOTENIS Commitments

The Application and its features are provided on an “as-is” and “as-available” basis and may undergo continuous improvements and updates. TONOTENIS is committed to:

• Functionality: preserving the functionality of the Application, with clear and intuitive navigation
• Usability: displaying features in a clear, complete, and accurate manner
• Security: protecting collected data through the available state of the art
• Availability: making reasonable efforts to maintain service availability

8.2 Unavailability

Temporary unavailability may occasionally occur due to:

• Scheduled or emergency maintenance
• Force majeure events (including, without limitation: natural disasters, third-party infrastructure failures, cyberattacks, pandemics, government decisions)
• Failures in communication systems and Internet access
• Third-party events beyond TONOTENIS's control

Should this occur, we will do our best to restore access as soon as possible, within applicable technical limitations.

8.3 Scheduled Maintenance

Maintenance procedures that result in extended unavailability will be communicated, when possible, through the Application's official communication channels.

8.4 Push Notifications

The Application may send push notifications to inform about:

• Matches (confirmations, results, Live Score invitations)
• Rankings (position updates, new rounds)
• Messages from Venue managers
• Security alerts and operational notifications

The User may disable push notifications at any time through the device settings. Disabling notifications does not affect the Application's functionality but may result in not receiving important notices.

9. User Obligations and Commitments

9.1 General Conduct

By using TONOTENIS, you agree to:

• Use the Application in an ethical and legal manner
• Respect other Users and their information
• Provide truthful information about matches and results
• Not manipulate rankings or statistics
• Respect the rules of each playing Venue
• Not abuse the Who's Playing feature (declaring intent to play repeatedly without showing up)
• Respect the privacy of other members' data (including dates of birth and statistics)

9.2 System Protection

You agree NOT to:

• Access programming areas of the Application or its database
• Access source code or any non-public data sets
• Reverse engineer, translate, decompile, or modify the Application
• Copy, reproduce, rent, sublicense, publish, or distribute the Application
• Transfer, lend, or improperly dispose of the features

9.3 Validity of Information

You are responsible for providing correct, valid, and up-to-date information. False information may result in suspension or termination of your account.

10. Prohibited Conduct

The following is expressly prohibited:

10.1 Regarding Application Use

• Using the Application for illegal or unauthorized purposes
• Attempting to access restricted areas or other Users' accounts
• Using unauthorized bots, scripts, or automations
• Overloading or interfering with servers or networks

10.2 Regarding Content

• Publishing content that violates third-party rights
• Sharing false or misleading information
• Distributing spam, malware, or malicious content
• Publishing pornographic, violent, or illegal content

10.3 Regarding Matches, Rankings, and Live Score

• Registering fictitious matches to manipulate rankings
• Fixing results with opponents (match-fixing)
• Creating fake accounts to inflate statistics
• Deliberately abandoning matches to harm opponents
• Manipulating live scores (deliberately altering scores to not reflect the actual game)
• Using free-text messages in live matches for abusive, offensive, or content that violates these Terms

10.4 Regarding Venues

• Creating fictitious Venues or Venues with false information
• Using the name or brand of third parties without authorization
• Adding members without consent
• Abusing management permissions

10.5 Regarding Advertising and Premium

• Using bots, scripts, or automations to interact with ads
• Technically circumventing ad display (ad blockers, Application modifications)
• Sharing or reselling Premium Subscription credentials
• Exploiting flaws to fraudulently obtain multiple Grace Periods

11. Venue Managers

11.1 Who Can Be a Venue Manager

A venue manager (“Venue Manager”) is any application user who adds a new venue to TONOTENIS. When registering a venue, the user automatically becomes its owner (isOwner) and primary manager.

Age restriction: Only users aged 18 or older may add/register venues in the application. This restriction exists because venue management involves the processing of other users' personal data and the acceptance of legal responsibilities described in this section.

11.2 Manager Responsibilities

If you are a manager of a Venue on TONOTENIS, you are responsible for:

• Ensuring the accuracy of the Venue's information
• Properly managing member requests
• Approving only legitimate matches
• Maintaining a respectful environment among members
• Not discriminating against Users for any reason
• Complying with the Privacy Policy in the processing of member data

11.3 Granular Permissions

The TONOTENIS permissions system is granular and individual. The Venue owner (Owner) assigns specific permissions to each manager. There are no fixed roles (such as “Administrator” or “Moderator”) — each manager receives only the permissions necessary for their functions.

11.4 Ownership Transfer

Ownership of a Venue may be transferred to another manager, provided that:

• The new owner accepts the transfer
• Both parties are aware of the responsibilities
• The transfer is recorded in the system

11.5 Content Responsibility

Managers are responsible for the content of messages and polls they create in their Venues. TONOTENIS does not perform prior content moderation but reserves the right to remove content that violates these Terms.

11.6 Manager Removal

The Venue owner may revoke any manager's permissions at any time. TONOTENIS may also intervene and revoke management permissions in cases of violation of these Terms or abuse of features.

12. Matches, Rankings, and Live Score

12.1 Match Recording

• Matches must be recorded truthfully and completely
• Reported scores must correspond to the actual result
• Both players should confirm the result when possible
• Matches may be contested following the Venue's procedures
• The Application supports various formats: 1 set, best of 3, best of 5, with regular tiebreak, super tiebreak, and NextGen format
• Different scopes are supported: ranking, tournament, and friendly
• Abnormal endings (WO — walkover and retirement) are recorded as such

12.2 Ranking System

• Rankings are calculated based on recorded matches, organized by rounds
• The calculation methodology may be adjusted for better accuracy
• Rankings are specific to each Venue and sport
• Users may request entry to or exit from rankings according to the Venue's rules
• Ranking manipulation will result in penalties

12.3 Statistics

• Statistics are automatically generated from matches
• TONOTENIS does not guarantee absolute accuracy of statistics
• Errors may be corrected upon substantiated request

12.4 Live Score

• The Live Score feature allows real-time score tracking
• The score operator (manager or designated User) is responsible for the accuracy of the data reported
• Events recorded during a live score session (including free-text messages) are visible to all members of the Venue
• Intentional manipulation of live scores constitutes prohibited conduct (Section 10.3)

12.5 Venue Settings

The owner or managers with appropriate permissions may define settings that affect match operations at the Venue, including:

• Whether to accept new members
• Maximum daily match limit
• Limits for new members
• Match editing window

13. User-Generated Content (UGC)

13.1 Definition

User Content (UGC) consists of all content created, submitted, or provided by the User within the Application, including, without limitation:

• Profile photos
• Match records and scores
• Live Score data (including free-text messages and events)
• Poll titles and options
• Profile information

13.2 Responsibility

The User is solely responsible for the User Content they create or share. TONOTENIS does not perform prior content moderation but reserves the right to remove, at any time and without prior notice, content that violates these Terms, applicable legislation, or third-party rights.

13.3 License

By creating User Content in the Application, you grant TONOTENIS a non-exclusive, worldwide, royalty-free, and indefinite license to store, display, process, and transmit such content as necessary for the provision of the Services.

This license terminates upon deletion of the content by the User or upon account deletion, except for data whose retention is necessary for the integrity of rankings and matches (as per Section 16).

13.4 Limitation

TONOTENIS is not responsible for the accuracy, legality, or appropriateness of User Content. The opinions, data, and information expressed by the User do not represent the position of TONOTENIS.

13.5 Reporting

Any User may report inappropriate content or content that violates these Terms through the support channels indicated in Section 22.

14. Intellectual and Industrial Property

14.1 Trademark

The TONOTENIS brand, including its logo and visual identity, is the exclusive property of the Application and may not be reproduced without express authorization.

14.2 Content

Unless otherwise established, all content of the Application, including:

• Source code, design, and interface
• Texts, images, and visual elements
• Ranking and statistics calculation algorithms

are the property of TONOTENIS or duly licensed. The use of the Application does not create any presumption of transfer of such ownership or license.

14.3 License of Use

We grant you a limited, non-exclusive, non-transferable, and revocable license to use the TONOTENIS application for personal and non-commercial purposes.

14.4 User Content

The licensing regime for User Content is detailed in Section 13.3.

14.5 Infringement Claims

Claims of copyright or other infringement must be directed to the support channel indicated in Section 22.

14.6 Third-Party Components

The Application may use open source libraries and components, each subject to its respective license. The use of these components does not alter TONOTENIS's intellectual property rights.

15. Privacy and Data Protection

15.1 Privacy Policy

TONOTENIS has its own document, called the Privacy Policy, which governs the processing of data collected in the Application. The Privacy Policy is an integral and inseparable part of these Terms, in compliance with Brazil's General Data Protection Law (LGPD — Law No. 13,709/2018) and the Brazilian Internet Civil Framework (Law No. 12,965/2014).

15.2 Compliance

TONOTENIS will monitor its own compliance with personal data protection obligations, in accordance with the LGPD.

15.3 Advertising Data

The processing of data related to advertising and tracking is detailed in Section 7 of these Terms and Section 7 of the Privacy Policy.

15.4 Data Subject Rights

To exercise your rights as a personal data subject (access, correction, deletion, portability, among others), please refer to the Privacy Policy or contact us at privacidade@tonotenis.com.br.

16. Account and Venue Deletion

16.1 Account Deletion

The User may request account deletion through the Application:

• Path: Settings > Account > Delete Account
• Upon requesting deletion, the account enters a 30 (thirty) day grace period (soft delete)
• During the grace period, the account is inactive, but the User may cancel the deletion and reactivate the account at any time
• After the grace period expires, personally identifiable data (name, e-mail, photo, address) is anonymized irreversibly
• Match results are retained for ranking integrity, linked to an anonymous reference (e.g., “removed player”)

16.2 Blocking Conditions

Account deletion may be temporarily blocked if the User:

• Is the owner (Owner) of one or more Venues — ownership must be transferred or the Venue must be deleted first
• Has active live matches
• Has pending ownership transfers

The User will be informed about the blocking conditions and the actions required to resolve them.

16.3 Venue Deletion

The owner (Owner) may request the deletion of a Venue through the Application.

• The system will evaluate blocking conditions (active members, ongoing rankings, matches in progress, among others)
• If the blocking conditions are non-critical, a grace period will be applied during which the owner may cancel the deletion
• The owner is notified about the progress of the process

16.4 Effects of Venue Deletion

After the deletion of a Venue:

• Venue-specific data (settings, associations, messages, polls) is removed
• Match results may be retained for ranking integrity
• Members are notified about the Venue deletion

16.5 Data Retention

For details on data retention and anonymization timelines, please refer to Section 11 of the Privacy Policy.

17. Suspension and Termination

17.1 Suspension by TONOTENIS

We may suspend or terminate your account, without prior notice, in the following situations:

Automatic suspension:

• Identification of a User under 12 years old
• Detection of multiple accounts for the same person
• Use of unauthorized bots, scripts, or automations

Manual suspension (after review):

• Reports of match manipulation (match-fixing)
• Abuse of management permissions
• Intentional manipulation of Live Score
• Publication of inappropriate or illegal content
• Advertising fraud or exploitation of Grace Periods
• Any violation of these Terms

17.2 Termination by the User

You may terminate your account at any time through the deletion process described in Section 16.

17.3 Effects of Termination

After account termination, the effects are governed by Section 16 (Account and Venue Deletion) and the Privacy Policy:

• Your personal data will be processed in accordance with the Privacy Policy
• Recorded matches may be retained for ranking integrity
• After anonymization, it will not be possible to recover deleted data
• Provisions that by their nature should survive will remain in effect

17.4 Service Interruption

TONOTENIS reserves the right to interrupt the service if any Term is violated.

18. Disclaimers and Limitation of Liability

18.1 Equipment and Connection

You must bear the costs of the means necessary to use the Application, including:

• An adequate mobile device
• An Internet connection service

18.2 Disclaimers

Without prejudice to other conditions of these Terms, TONOTENIS is not responsible for:

• Issues arising from bugs or malfunctions on your devices resulting from regular use of the Application
• Direct or indirect damages caused by third-party events, such as hacker attacks, system failures, or Internet connection issues
• Actions of malicious software that may damage your devices as a result of accessing the Application
• Third-party links that may be made available, it being your responsibility to review the terms of use of external websites
• Actions taken by the User based on information from the Application
• Damages arising from improper use of the Application
• Conduct of other Users within or outside the Application
• Losses or damages related to matches or competitions
• Accuracy of live scores — the responsibility lies with the score operator
• Content of Venue messages — the responsibility lies with the managers who created them
• Results of polls and voting — the responsibility lies with the managers
• Accuracy of intentions in Who's Playing — the feature expresses intent, not commitment
• Content of third-party ads (Google AdMob) — governed by Google's policy
• Availability of subscriptions on the Distribution Platforms — governed by Apple and Google

18.3 Limitation of Damages

Under no circumstances shall TONOTENIS be liable for indirect, incidental, special, consequential, or punitive damages, including loss of profits, data, or opportunities.

18.4 Compliance with the CDC

Consumer rights under the Brazilian Consumer Protection Code (CDC — Law No. 8,078/1990) cannot be waived or limited. The disclaimers and limitations in this Section apply only to the extent permitted by applicable law.

18.5 Maximum Liability Cap

Without prejudice to Section 18.4, TONOTENIS's total liability to the User, for any cause and regardless of the form of action, is limited to the amount actually paid by the User to TONOTENIS in the 12 (twelve) months preceding the event giving rise to the claim (R$ 0.00 for free-tier Users). This limitation does not apply where the law prohibits such limitation.

19. Modifications to the Service and Terms

19.1 Changes to the Application

We reserve the right, at any time, to:

• Modify, update, or discontinue features
• Change the ranking calculation methodology
• Introduce new features or services
• Change registration and data entry fields
• Fix errors or vulnerabilities

19.2 Updates to the Terms

These Terms are subject to continuous improvement and enhancement. TONOTENIS may modify them at any time to:

• Ensure legal adequacy and compliance
• Improve services
• Include new features

19.3 Notification of Changes

In the event of substantial updates to these Terms:

• We will notify you through the tools available in the Application and/or by e-mail
• We will make the new Terms available at least 15 (fifteen) days before they take effect
• The “last updated” date will be changed

If you do not accept the modified Terms, you may request account deletion as per Section 16, provided there are no pending obligations between the parties.

20. Dispute Resolution

20.1 Amicable Resolution

Before any legal action, the parties shall attempt to resolve the dispute amicably through the support channels indicated in Section 22.

20.2 Disputes between Users

Disputes between Users shall be resolved:

1. First, between the Users themselves
2. Next, with mediation by the Venue manager
3. TONOTENIS may intervene in serious cases but is not obligated to do so

20.3 Applicable Law and Jurisdiction

These Terms shall be governed and interpreted exclusively in accordance with the laws of Brazil. Any claim, conflict, or controversy shall be resolved by the courts of the User's place of residence, pursuant to Art. 101, I of the CDC.

20.4 Mediation and Arbitration

The parties may, by mutual agreement, submit any dispute to mediation or arbitration, provided the User (consumer) expressly agrees. Compulsory arbitration clauses are null under Art. 51, VII of the CDC.

20.5 consumidor.gov.br Platform

The User may also file complaints through the consumidor.gov.br platform, a Brazilian government consumer dispute resolution platform maintained by the Federal Government, as an alternative conflict resolution channel.

21. General Provisions

21.1 Entirety

These Terms of Service, together with the Privacy Policy, constitute the entire agreement between you and TONOTENIS on this subject, superseding all prior understandings and commitments.

21.2 Independence and Replacement of Clauses

If any provision of these Terms is deemed illegal, invalid, or unenforceable, the remaining provisions shall remain in full force and effect. The parties shall replace the invalid clause with one that is legal, valid, and enforceable and that, to the maximum extent possible, has a similar effect to the original intent.

21.3 Novation and Waiver

Tolerance of any failure to comply with any condition of these Terms shall not constitute a waiver or novation, nor shall it prevent TONOTENIS from enforcing these conditions at any time.

21.4 Assignment

You may not assign or transfer your rights under these Terms without prior written consent.

21.5 Communication

You acknowledge that all communication made by e-mail (to the address provided during registration) or through notifications in the Application is valid, effective, and sufficient for the disclosure of any matter related to the Services.

21.6 Date and Time

All records in the Application are stored in UTC (Coordinated Universal Time) and displayed in the local time zone of the User's device. When referenced in these Terms, it shall be understood as a reference to Brasilia time (UTC-3).

21.7 Effectiveness

With the User's agreement, these Terms shall govern the contractual relationship established between the parties, and the date of the last update may always be consulted at the beginning of this document.

21.8 Distribution Platforms

The Application is distributed through the App Store (Apple) and Play Store (Google), and is also subject to the respective terms of use of those platforms. In the event of a conflict between the terms of the Distribution Platforms and these Terms, these Terms shall prevail for the relationship between the User and TONOTENIS.

22. Contact and Help

22.1 Support Channels

22.2 Response Time

We will endeavor to respond to requests within 5 (five) business days for general support inquiries and 15 (fifteen) business days for privacy and personal data inquiries.

22.3 Help Resources

Help resources are available within the Application for better navigation and experience with TONOTENIS.

Version History

By using the TONOTENIS application, you declare that you have read, understood, and agreed to all terms and conditions established herein.