Terms of Use

Updated: 1st Mar 2025


Introduction.

Welcome to TIFA Sports’ websites (the “Sites”) operated by TIFA Sports B.V. (“TIFA”). Please read the following terms and conditions of use (“Terms”) carefully as they contain the legal terms and conditions of an agreement (“Agreement”) that you agree to when you access the Sites or use the TIFA Sports services provided to you by TIFA through the Sites, including, without limitation, any mobile application, training program, competition or challenges, both online and off-line, and all other services accessed through the Sites (collectively, with the Sites, the “Services”).

Please also visit our Privacy Policy and Children’s Privacy Policy for information explaining the information we collect and how we use it.

BY ACCESSING OR USING ANY OF THE SERVICES, YOU AGREE TO BE BOUND BY THESE TERMS. YOU MAY NOT USE THE SERVICES IF YOU DO NOT AGREE TO THESE TERMS.

For the purposes of this Agreement, “you” means you, the person using the Services. You and any persons that you authorize to use your account are referred to in this Agreement as the “User.” “TIFA,” “we,” or “us” means TIFA Sports B.V. In the case of inconsistencies between these Terms and information included in off-line materials (e.g., promotional materials and mailers), these Terms will always govern and take precedence.

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1. Availability.

You agree that TIFA shall not be liable to you for any modification, suspension, or discontinuance of the Services. You understand and agree that the Services are provided “AS IS” without any warranty of any kind. You are responsible for obtaining access to any Services, and that access may involve third-party fees (such as Internet service provider or airtime charges). You are responsible for those fees, including those fees associated with the display or delivery of advertisements. In addition, you must provide and are responsible for all equipment necessary to access the Services.

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2. Trademarks.

All brand, product, and service names used in the Services which identify TIFA are proprietary marks of TIFA Sports. All brand, product, and service names used in the Services which identify third parties and their products and services are proprietary marks of such third parties. Nothing in the Services shall be deemed to confer on any person any license or right on the part of TIFA or any third party with respect to any such image, logo, or name.

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3. Copyright.

Unless otherwise stated in this Agreement, TIFA is the owner of all copyright and database rights in the Services and its contents. You may not publish, distribute, extract, reuse, or reproduce any such content in any material form (including photocopying or storing it in any medium by electronic means) other than in accordance with these Terms.

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4. External Links.

From time to time, TIFA may provide links that will take you to third-party websites. These links are provided for your convenience only. If you decide to access linked websites, you do so at your own risk. TIFA does not endorse or take responsibility for the content on other websites or the availability of other websites, and you agree that TIFA is not liable for any loss or damage that you may suffer by using other websites.

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6. Amendment of Terms.

We reserve the right to amend any Terms agreed to by you from time to time without notice. Your continued use of the Services constitutes acceptance of any amendments, additions, or modifications to this Agreement.

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7. Contact.

Any questions, comments, or suggestions, including any report of violation of this Agreement, should be provided to the Administrator as follows:

By E-mail: info@tifasports.com

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8. Registration.

If you register for an account, you represent and certify that you are of legal age to form a binding contract and are not a person barred from receiving services under the laws of the Netherlands or other applicable jurisdictions. You also agree to:
(a) provide true, accurate, current, and complete information about yourself as prompted by the Service’s registration form (such information being the “Customer Data”) and
(b) maintain and promptly update the Customer Data to keep it true, accurate, current, and complete. If you provide any information that is untrue, inaccurate, not current, or incomplete, or TIFA has reasonable grounds to suspect that such information is untrue, inaccurate, not current, or incomplete, TIFA has the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof).

To register as a User of the Service, you must be 13 years or over. Minor children under the age of 13 who wish to access the Service must obtain permission from their parents, and their parents must agree to this Agreement. Please remember that the Service is designed to appeal to a broad audience. Accordingly, as the legal guardian, it is your responsibility to determine whether any of the Services and/or Content are appropriate or inappropriate for your child.

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9. Cancellation and Refund Policy.

With regard to subscribers who wish to cancel their subscription, this can be done under your Subscription settings in the app. A canceled subscription will not result in a refund of any amount already paid but will simply prevent the subscriber from being re-charged upon the next renewal date.

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10. Site License.

TIFA grants you a personal, limited, revocable, non-exclusive, and non-transferable license to use the Services. This license is exclusive to you, and you may not sublicense the use of the Services. TIFA expressly retains all ownership rights, title, and interest in and to all aspects of any software, Services, and the Sites, including, but not limited to, all current and future patents, copyrights, trademarks, trade secrets, know-how, and other proprietary rights included or embodied in the Sites. You may not modify the Services, create derivative works of the Services, or reverse engineer, reverse compile, reverse assemble, or do any other operation with the Services that would reveal any source code, trade secrets, know-how, or other proprietary information. This license shall not be construed or interpreted as granting or providing rights to you to use, reproduce, modify, distribute, perform, display, possess, or control the source code or any other aspect of the Services. You may not remove or modify any notice of confidentiality, trade secret, trademark, or copyright encoded or embodied in the Services or displayed by, on, or in the Services. You may use the Services only while these Terms remain in effect. Under no circumstances shall you have any rights of any kind in or to the Services after any termination or expiration of this Agreement for any reason.

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11. Password.

You will create a password and account designation upon completing the Services’ registration process. You are responsible for maintaining the confidentiality of the password and account and are fully responsible for all activities that occur under your password or account. You agree to:
(a) immediately notify TIFA of any unauthorized use of your password or account or any other breach of security, and
(b) ensure that you exit from your account at the end of each session. TIFA cannot and will not be liable for any loss or damage arising from your failure to comply with this Section.

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12. Copyright in Your Content.

TIFA does not claim ownership rights in any information, data, text, software, music, sound, photographs, graphics, video, messages, or other materials or content you make available or use in connection with the Services, or used in connection with your account (“Content”). By submitting your Content and accepting the consideration set forth in this Agreement, as consideration for our permitting you to use the Services, you unconditionally grant to TIFA a non-exclusive, perpetual, irrevocable, worldwide, fully-paid, transferable right and license, with the right to sublicense through multiple levels of sublicensees, under all of your intellectual property rights in the Content, to:
(a) reproduce, create derivative works of, distribute, publicly perform, publicly display, digitally transmit, and otherwise use the Content in any medium or format, whether now known or hereafter discovered, and
(b) exercise any and all other present or future rights in the Content.

You remain the owner of all Content that you submit to the Services, and as a condition to your use of the Services, you represent and warrant to TIFA that you are the owner of the copyright to the Content you submit to the Services or that you have written permission from the copyright owner to submit such Content. In addition, you warrant that all moral rights in any Content have been waived. You agree to indemnify and hold TIFA harmless for any violation of this provision.

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13. Submissions.

You may place Content on the Services only in accordance with the following limitations. You may NOT store any of the following material on the Services or obtain any such material using the Services:

  • Any threatening, obscene, pornographic, or profane material or any other material that could give rise to any civil or criminal liability under applicable law;
  • Any material that could infringe rights of privacy, publicity, or copyrights without the permission of the owner of these rights and the persons (or their parents or legal guardians, where applicable) whose likenesses are displayed in the material;
  • Any material sent from an anonymous or false address.

While TIFA does not and cannot review all material on the Services and is not responsible for its content, TIFA reserves the right to remove, delete, move, or edit Content that it, in its sole discretion, deems abusive, defamatory, obscene, in violation of the law, including but not limited to copyright or trademark law, or otherwise unacceptable. TIFA will not be liable for the Content of any submission. You agree to indemnify and hold TIFA harmless for any violation of this provision.

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14. Pricing and Payment.

The fees for the Services are posted on the Sites. Fees are subject to change without notice. You agree to pay TIFA in advance the applicable fees for the Services provided by TIFA under this Agreement. TIFA will bill your credit card for all fees. You will provide TIFA with accurate and complete billing information, including legal name, address, telephone number, and credit card or debit card billing information. If such information is false or fraudulent, TIFA reserves the right to terminate the Services and your access to the Sites in addition to seeking any other legal remedies. TIFA is not responsible for any charges or expenses (e.g., for overdrawn accounts, exceeding credit card limits, etc.) resulting from charges billed by TIFA. Each charge will be considered valid unless disputed by you in writing within thirty (30) days after the billing date. No adjustments will be made for disputed charges made more than thirty (30) days after the billing date. All fees will be paid in Euros and are due as set forth on the Sites. TIFA’s fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you will be responsible for payment of all such taxes, levies, or duties, excluding only Netherlands taxes based solely on TIFA’s income.

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15. Third-Party Software and Linking.

Although we may make software, hyperlinks, and other products of third-party companies available to you, your use of such products is subject to the respective terms and conditions imposed by the third party owning, manufacturing, or distributing such products, and the agreement for your use will be between you and such third party. TIFA makes no warranty with regard to the products or website of any other entity. TIFA has no control over the content or availability of any third-party software or website. In particular:
(a) TIFA makes no warranty that any third-party software you download or website you visit will be free of any contaminating or destructive code, such as viruses, worms, or Trojan horses, and
(b) TIFA notifies you that it is your responsibility to become familiar with any website’s privacy and other policies and terms of service, and to contact that site’s webmaster or site administrator with any concerns.

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16. Monitoring of Content.

You acknowledge, consent, and agree that TIFA may access, preserve, and disclose your account information if required to do so by law or in a good faith belief that such access, preservation, or disclosure is reasonably necessary to:
(a) comply with legal process;
(b) enforce these Terms;
(c) respond to claims that any content violates the rights of third parties;
(d) respond to your requests for customer service; or
(e) protect the rights, property, or personal safety of TIFA, its users, and the public.

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17. Suspension and Termination of Access and Membership.

TIFA reserves the right to suspend or terminate your account and use of the Services, at any time, without notice, for any reason, including but not limited to the following:

  • Breach of these Terms, including policies or guidelines set forth by TIFA elsewhere;
  • Conduct that TIFA believes is harmful to other users of the Services or the business of TIFA or other third-party information providers.

Further, you agree that TIFA shall not be liable to you or any third party for any termination of your access to the Services. TIFA reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Services (or any part thereof) with or without notice. You agree that TIFA shall not be liable to you or to any third party for any modification, suspension, or discontinuance of the Services.

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18. Privacy.

It is the policy of TIFA to respect the privacy of individuals who visit the Sites, create accounts, and/or provide comments to us. For more information, see our full Privacy Policy and Children’s Privacy Policy at [Insert Privacy Policy Link].

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20. Disclaimer Warranty.

THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. IN PARTICULAR, TIFA MAKES NO WARRANTY THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, THAT THE SITES OR OUR SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, THAT THE SERVICES WILL BE AVAILABLE, OR THAT DATA ARE SECURE FROM UNAUTHORIZED ACCESS. TIFA MAKES NO WARRANTY REGARDING ANY SOFTWARE, GOODS, SERVICES, PROMOTIONS, OR THE DELIVERY OF ANY GOODS OR SERVICES, PURCHASED, ACCESSED, OR OBTAINED THROUGH THE SITES OR ADVERTISED THROUGH THE SITES. NO ADVICE OR INFORMATION GIVEN BY TIFA, ITS EMPLOYEES, OR AFFILIATES SHALL CREATE A WARRANTY.

22. Copyright, Other Proprietary and Privacy Protection for Other Users’ Content on the Sites.

TIFA hereby notifies you that all the information, content, image files, software, and materials on the Sites may be protected by Dutch and international copyright and other intellectual property laws and by other applicable laws, including privacy laws. You understand that TIFA is unable to provide you with permission to copy, display, or distribute material for which you do not own the copyright or other intellectual property rights. You may not copy or distribute such material without the written consent of the owner, and you are solely responsible for any copyright or other intellectual property law violations that you may incur as a result of your activities on the Services. TIFA has the absolute right to terminate your account or exclude you from any Service if you use our Services to violate the intellectual property rights or other rights of third parties. You agree to indemnify and hold TIFA harmless for any violation of this provision.

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23. Claims of Copyright Infringement.

We have adopted and implemented a policy that provides for the termination, in appropriate circumstances as determined by us in our sole discretion, of Users who are infringers of copyright. Pursuant to applicable copyright laws, notifications of claimed copyright infringement must be sent to TIFA’s Designated Agent.

Notification must be submitted to the following:

Service Provider: TIFA Sports B.V.
Email: [Insert Copyright Infringement Email]

To be effective, the notification must be a written communication that includes the following:

  • A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
  • Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
  • Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
  • Information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
  • A statement that the complaining party has a good-faith belief that the use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
  • A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

We may give you notice that we have removed or disabled access to certain material by means of a general notice on the Services, electronic mail to a user’s email address in our records, or by written communication sent by first-class mail to your physical address in our records. If you receive such a notice, you may provide counter-notification in writing to the designated agent that includes the information below. To be effective, the counter-notification must be a written communication that includes the following:

  • Your physical or electronic signature;
  • Identification of the material that has been removed or to which access has been disabled, and the location at which the material appeared before it was removed or access to it was disabled;
  • A statement from you, under penalty of perjury, that you have a good faith belief that the material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled; and
  • Your name, physical address, and telephone number, and a statement that you consent to the jurisdiction of a court in the Netherlands, and that you will accept service of process from the person who provided notification of allegedly infringing material or an agent of such person.

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24. Limitation of Liability.

YOU ACKNOWLEDGE, BY YOUR USE OF ANY OF THE SERVICES, THAT YOUR USE OF THE SERVICES, INCLUDING ANY SOFTWARE OR OTHER MATERIALS ON THE SERVICES, AND ANY RELIANCE UPON IT, IS AT YOUR SOLE RISK, THAT YOU ASSUME FULL RESPONSIBILITY FOR ALL COSTS ASSOCIATED WITH ALL NECESSARY SERVICING OR REPAIRS OF ANY EQUIPMENT YOU USE IN CONNECTION WITH YOUR USE OF THE SITES. YOU AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES SHALL TIFA BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, USE, IMAGES, DATA, OR OTHER INTANGIBLES, EVEN IF TIFA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, THAT RESULT FROM THE USE OR THE INABILITY TO USE THE SERVICES, FROM ANY CHANGES TO THE SERVICES, OR FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT. YOU SPECIFICALLY ACKNOWLEDGE THAT DOWN-TIME AND COMPUTER VIRUSES ARE RISKS INHERENT IN THE USE OF THE INTERNET AND SOFTWARE PRODUCTS, AND YOU AGREE TO ASSUME RESPONSIBILITY FOR ANY HARM OR DAMAGES OF ANY KIND OR CHARACTER WHATSOEVER RESULTING FROM THESE POSSIBLE HARMS. YOU ALSO SPECIFICALLY ACKNOWLEDGE THAT YOU MAY BE DISCLOSING SENSITIVE, PRIVATE, AND CONFIDENTIAL INFORMATION ABOUT YOURSELF IN YOUR USE OF THE SITES, AND YOU AGREE TO ASSUME RESPONSIBILITY FOR ANY HARM OR DAMAGES OF ANY KIND OR CHARACTER WHATSOEVER RESULTING FROM YOUR RELEASE OF SUCH CONTENT.

IF YOU ARE DISSATISFIED WITH THE SERVICES, OR WITH ANY OF THESE TERMS AND CONDITIONS, OR FEEL TIFA HAS BREACHED THESE TERMS AND CONDITIONS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SERVICES. THE TOTAL LIABILITY OF TIFA TO YOU FOR ANY CLAIM ARISING FROM OR RELATING TO THESE TERMS AND CONDITIONS OR USE OF THE SERVICES SHALL NOT EXCEED THE GREATER AMOUNT PAID BY YOU FOR THE SERVICES IN QUESTION OR FIFTY EUROS (€50.00). IT IS THE INTENTION OF BOTH YOU AND TIFA THAT THIS PROVISION BE CONSTRUED BY A COURT AS BEING THE BROADEST LIMITATION OF LIABILITY CONSISTENT WITH APPLICABLE LAW.

SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF INCIDENTAL, CONSEQUENTIAL, OR OTHER TYPES OF DAMAGES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

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25. General.

Applicable Law and Jurisdiction.
You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to the use of the Sites or this Agreement must be brought, if at all, within one (1) year from the accrual of the claim or cause of action or be forever barred. The parties agree that this Agreement and any claims hereunder shall be governed by and subject to the laws of the Netherlands, without giving effect to any principles of conflicts of law.

No Resale of Services.
You agree not to reproduce, duplicate, copy, sell, trade, resell, or exploit for any commercial purposes, any portion of the Services, use of the Services, or access to the Services.

Independent Contractors.
No joint venture, partnership, employment, or agency relationship exists between you and TIFA as a result of this Agreement or use of the Services.

Enforcement.
If any legal action is brought to enforce this Agreement, the prevailing party will be entitled to reimbursement of its attorneys’ fees, court costs, and other collection expenses, in addition to any other relief it may receive from the other party.

Force Majeure.
TIFA will not be liable by reason of any failure or delay in the performance of its obligations hereunder on account of strikes, shortages, riots, insurrection, fires, flood, storm, explosions, acts of God, war, governmental action, labor conditions, earthquakes, material shortages, or any other cause which is beyond TIFA’s reasonable control.

Waiver.
The failure of TIFA to enforce any right or provision in this Agreement will not constitute a waiver of such right or provision unless acknowledged and agreed to by TIFA in writing.

Construction.
The headings of Sections of the Agreement are for convenience and are not to be used in interpretation.

Entire Agreement.
This Agreement constitutes the entire agreement between you and TIFA and governs your use of the Services, superseding any prior agreements between you and TIFA. The failure of TIFA to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Agreement remain in full force and effect.

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26. Release and Waiver Agreement

TIFA SPORTS SERVICES

I desire to participate in the TIFA Sports services provided to me by TIFA through the TIFA Sports websites (“Sites”), including, without limitation, any training program, competition, or challenges, both online and off-line, and all other services accessed through the Sites (collectively, with the Sites, the “Services”) controlled and operated by TIFA Sports B.V. (“TIFA”). In exchange for the opportunity to participate in the Services, I hereby warrant and agree as follows:

1. Assumption of Risk.
I am physically and mentally able to fully participate in the Services. I understand that participation in the Services involves inherent risks and dangers, including accident, injury, or death.

2. Release from Liability.
I fully release TIFA from any and all claims and any other liability directly or indirectly arising out of or in connection with my participation in the Services, even if it is due to the negligence or other fault of the Released Parties.

If any portion of this Release and Waiver is held to be invalid or unenforceable, all other provisions shall nevertheless continue to be valid and enforceable. This Release and Waiver supersedes any oral or written statements made by or to me.

I HAVE READ THIS RELEASE AND WAIVER AGREEMENT CAREFULLY, FULLY UNDERSTAND ITS CONTENT, AND VOLUNTARILY AGREE TO ITS TERMS.

PARENT/GUARDIAN AGREEMENT

I am the parent or legal guardian of the Participant. On behalf of the Participant, myself, the Participant’s parents or guardians, heirs, estate, insurers, assigns, and anyone else who may make any claim for or on behalf of the Participant, I hereby:
(1) agree to all of the terms of the above Agreement;
(2) agree to cause the Participant to comply with the terms of the Agreement;
(3) agree not to take any actions that would assist, persuade, or cause the Participant to invalidate, renounce, negate, revoke, or disclaim any part of the Agreement;
(4) agree to hold harmless, indemnify, and reimburse TIFA Sports B.V. from and for any sums, costs, or expenses (including attorney fees) incurred by any of the Released Parties or paid by any of them to any person (including the Participant or insurers) in connection with any accident, injury (including death), loss, or damage arising out of the Participant’s participation in the Services.

AS PARENT/GUARDIAN OF PARTICIPANT, I HAVE READ THE RELEASE AND WAIVER AGREEMENT AND THE PARENT/GUARDIAN AGREEMENT CAREFULLY. I FULLY UNDERSTAND THE CONTENT AND VOLUNTARILY AGREE TO THE TERMS OF BOTH AGREEMENTS.