Oliver Sports Terms for Paid Services
These Oliver Sports Terms for Paid Services (the “Paid Services Terms”) apply to your purchase and use of Oliver’s paid services, including automatic renewal of subscription services. For payment terms related to the sale of Oliver Sports Devices, please refer to our Sales Terms.
By purchasing or using a Paid Service, you agree to be bound by Oliver Sports Terms and Conditions, which incorporate these Paid Services Terms and include a mandatory arbitration provision, as well as any other terms and conditions presented to you in connection with your use of the Paid Services. If you do not agree to these terms, do not purchase, access, or use our Paid Services.
1. PAID SERVICES
Paid services refer to subscription services (“Subscriptions”). We may change, suspend, or discontinue Paid Services at any time and for any reason, and we have full discretion to determine which parts of the Oliver Service require payment.
2. SUBSCRIPTIONS
Auto-renewing subscriptions. Your subscription term may vary. For example, it may consist of monthly or annual auto-renewing terms (a “Subscription Term”), as described during your transaction.
You must maintain an active Subscription to continue using the Services. Your Subscription will automatically renew for additional Subscription Terms while you maintain your Subscription, until you cancel it or we suspend or discontinue the Subscription in accordance with our Terms and Conditions. If you do not maintain an active Subscription or pay all Subscription Fees when due, this Agreement will terminate.
Unless we indicate otherwise, you will be charged before or at the start of each renewal term. Prior to charging you for a Subscription Term, we will inform you of the applicable fees, and renewal will occur at the then-current price for the Paid Service in question.
Subscription cancellation. You may cancel your Subscription at any time. Your cancellation will take effect at the end of the current Subscription Term.
If you cancel your Subscription, please note that we may continue to send you promotional communications about Oliver Sports, unless you opt out of receiving such communications by following the unsubscribe instructions provided in those communications.
We reserve the right to suspend or deactivate your account or your access to certain aspects or all of the Oliver Service, as well as to terminate these Terms, at our sole discretion, at any time, without prior notice and without liability to you. If such suspension, deactivation, or termination occurs, we may delete or remove your content and any other information related to your account. In the event of termination of these Terms or suspension, termination, or interruption of the Oliver Service or your account, the remaining provisions of Oliver’s Terms and Conditions will continue to apply. We will provide a prorated refund of any Subscription Fees you have paid in advance that reflect the period during which you did not benefit from the Services as a result of such termination.
Upon cancellation or termination of these Terms, you will lose access to Reports or other content and data stored or offered through the Services, whether provided by you or generated as a result of the Services (“Materials”). Oliver Sports reserves the right to permanently delete any Materials or other content that may remain in your Customer Account at any time after termination, and you agree to waive any legal or equitable rights or remedies you may have against Oliver Sports with respect to such deleted Materials or other content.
If any Subscription Fees owed remain unpaid for a period of three (3) days or more, your account will enter an inactive state. In this inactive state, you will not be able to upload data from your Oliver Sports device. However, you will still be able to access historical data, i.e., data uploaded before your account became inactive. After the corresponding payment is made, your account will be reactivated and you will be able to use the full functionality of your Subscription and Oliver Sports device.
No refunds on subscriptions. When you cancel a Subscription, you only cancel future charges for it. You will not receive a refund for the current Subscription Term you have paid for (even if you stop using the services), but you will continue to have full access to that Subscription until the end of the current Subscription Term. At any time and for any reason, we may provide a refund, discount, or other consideration (“credits”) to some or all of our users. The amount and form of such credits, and the decision to provide them, are at our sole and absolute discretion. Receiving credits on one occasion does not entitle you to credits in the future for similar cases, nor obligate us to provide credits in the future.
Price changes. We reserve the right to adjust the prices of our Paid Services or any components thereof in any way and at any time. Any changes in prices will take effect after we have notified you.
3. PAYMENT AND BILLING
Your Subscription will begin once you synchronize the Oliver Sports device with the app, or thirty (30) days after your Oliver Sports device is shipped, whichever occurs first. You authorize Oliver Sports to charge the payment method you selected for the Paid Services. By providing a payment method accepted by us, you represent and warrant that you have permission to use the designated payment method and authorize us (or our external payment processor) to charge your payment method for the total amount of your purchase (including any applicable taxes and other fees). If the payment method cannot be verified, is invalid, or is not acceptable, your Paid Service may be suspended or canceled. You must resolve any issues we detect with the payment method you select in order to continue using the Service.
You may only cancel your monthly subscription after twelve (12) months. The non-refundable initial Membership Fee (subject to the terms in our Warranty and Return Policy detailed in the Terms and Conditions) covers the first twelve (12) months of your subscription (“Initial Subscription Fee”).
Please note that if you accept a promotional offer or make changes to your Paid Services, the billed amount may vary. The amount may also fluctuate due to changes in applicable taxes or currency exchange rates. You authorize us (or our external payment processor) to charge your payment method for the corresponding amount.
5. REPRESENTATIONS AND COVENANTS
All Paid Services are personal to you and may not be used by any other person. You will not allow anyone else to use your Paid Services, and you will not transfer any Subscription or disclose your password to any other person. You must notify Oliver Sports of any unauthorized or prohibited use of your Paid Services.