This is an English translation of our Spanish terms and conditions. If the two versions differ, the Spanish one prevails.
1. Who we are
NewSet is a service of NEWSET SOFTWARE SOCIEDAD LIMITADA («NewSet», «we», «us»), tax ID (NIF) B05827589, with its registered office at Carrer de Robrenyo, 7, 08014 Barcelona, Spain, and registered with the Registro Mercantil de Barcelona (IRUS 1000481238354).
You can contact us at newset@newset.app or by phone on +34 644 40 57 59.
2. What NewSet is and how you accept these terms
NewSet is a padel app for iPhone, Apple Watch, Android phones and tablets, and Wear OS watches. It lets you score matches live, play them as a group, schedule them, organise and play competitions, referee matches, talk to other players, keep your history and see your statistics. These terms govern the use of the app and of the website newset.app (the «service»).
By creating your account or using the service you accept these terms and our privacy policy. If you do not agree, do not use NewSet.
NewSet is for people aged 18 or over. By signing up you confirm that you are.
3. Your account
- You sign in with your Apple account or, on Android, with your Google account. You are responsible for what is done with your account and for keeping access to it secure.
- The details you give us must be true and up to date.
- Use your real name or one your playing partners know you by. Do not impersonate anyone else.
- An account is personal: do not sell it or give it away.
- We may change a username that is offensive, misleading or impersonates someone.
4. NewSet PRO, prices and payments
NewSet is free. NewSet PRO adds features for organising (creating competitions, scheduling matches, unlimited group matches, following other people’s matches live) and advanced features (full statistics, point-by-point history, team colours).
During the launch promotion, all PRO features are free for all users and nothing is charged. When PRO becomes paid, we will announce it in the app in advance. No one will pay anything without having expressly subscribed to PRO.
When there are paid subscriptions:
- They will be purchased and paid for through the App Store or Google Play, depending on your device, under that store’s payment terms. NewSet does not receive or store your payment details.
- Before paying you will see the price, including taxes, and the duration. The subscription will renew automatically at the end of each period unless you cancel it at least 24 hours before, from the subscription settings of your Apple or Google account.
- Refunds are handled by the store where you subscribed, under its policies. This does not limit your statutory rights as a consumer.
- If we change the price of a subscription, we will tell you beforehand, and the store will ask you to accept the new price where the law requires it.
5. Rules of use
When using NewSet you agree not to:
- post content that is illegal, offensive, sexual, violent, discriminatory, or that harasses, threatens or humiliates another person;
- impersonate anyone or deceive other users;
- post other people’s personal data without their permission;
- send spam, advertising or unsolicited mass messages;
- use NewSet to sell products or services, or to build a product that competes with it, without our written permission;
- make false reports, abuse our support, or harass or threaten the NewSet team;
- falsify results, register people without their knowledge, or cheat in competitions or statistics;
- access the service with bots or automated programs, scrape data in bulk, or try to get around security measures;
- copy, decompile or modify the app, except as permitted by law;
- use the service for illegal purposes or in a way that damages or overloads it.
6. Your content
What you post on NewSet (your messages, your photo, your matches, the names of your competitions…) remains yours. So that we can provide the service, you grant us a free, non-exclusive, worldwide licence, limited to what is necessary to host it, show it to the people who should see it under the privacy policy and adapt it to each device, for as long as it is on NewSet. We will not use your name, your photo or your content in advertising without your permission.
You are responsible for what you post and for having the right to post it. We may remove content that breaches these terms or the law.
If you send us ideas or suggestions to improve NewSet, we may use them freely, with no obligation to pay you for them. Thank you in advance.
7. Zero tolerance: moderation, reporting and blocking
NewSet lets you exchange messages with other users. We have zero tolerance for objectionable content and abusive users. There are no warnings and no second level of tolerance: the content described in section 5 is not allowed under any circumstances, and neither are harassment, hate speech, threats, sexual content or impersonation.
To enforce this, NewSet has the following measures, which you accept:
- Filter. Every message is checked automatically before it is published, and those containing objectionable content are rejected and never reach anyone. Messages are text only: images, audio and video cannot be sent.
- Reports. Any user can report a message or a user from the app. The report reaches us immediately, with a copy of the reported content, so it can be reviewed even if its author deletes it later.
- Blocking. Any user can block another at any time from the app. A blocked user cannot write to you or start a conversation with you, and their content is hidden from you throughout the app.
- Our response. We review every report and act on objectionable content and abusive users within 24 hours of receiving the report. We may delete the content, stop the user from sending messages or close the responsible account, without prior notice.
To report something outside the app, or for any other moderation matter, write to newset@newset.app. We answer reports within 24 hours.
8. Matches, results, competitions and refereeing
- Scores and results are entered by the users themselves, or by a referee in refereed matches. NewSet applies the rules you choose, but does not check what happens on court.
- Whoever organises a competition is responsible for it: who takes part, the rules, the schedule, the courts and any prize or fee they agree with the participants. NewSet only provides the tool and is not a party to those arrangements.
- Disagreements about a result are settled between the players, the organiser or the referee. NewSet does not rule on sporting disputes.
- NewSet competitions are for groups of up to 16 players. Larger events and services for clubs are contracted separately, under their own terms.
9. Health and physical activity
The heart rate, calories, distance and steps NewSet shows come from your watch’s sensors and are for guidance only. NewSet is not a medical device and cannot be used to diagnose or treat anything. Padel is a physical activity: play according to your fitness and, if you have doubts about your health, consult a doctor.
10. Court screens and scoreboard mode
You can show a match’s score on a court screen or on an iPad or tablet in scoreboard mode. What appears on that screen (the players’ names and the score) will be seen by anyone at the court. Only connect to screens that belong to the club where you are playing.
11. Intellectual property
The app, the website, their design, their code, the NewSet brand and its logo belong to us or we are licensed to use them. We grant you a personal, free, non-exclusive, non-transferable and revocable licence to use the app on devices you own or control, in accordance with these terms and the rules of the store you downloaded it from. You may not copy, modify, distribute or commercially exploit the app or the brand without our written permission.
12. Availability and changes to the service
We work to keep NewSet running at all times, but there may be interruptions due to maintenance, updates, technical or provider problems, or lack of connection at the court. NewSet is evolving fast: we may add, change or remove features. If we remove a paid feature you have subscribed to, we will tell you in advance and respect your rights as a consumer.
13. Liability
We are liable for damage we cause you by breaching these terms where the law so provides. We are not liable for what is outside our control, such as content posted by other users, faults in your device or your connection, the services of Apple, Google or other third parties, or what happens on court.
Likewise, if you breach these terms or the law and that causes us damage or leads to third-party claims against us, you will be liable for them as the law provides.
Nothing in these terms limits our liability where the law does not allow it to be limited (for example, in cases of wilful misconduct or gross negligence, or for harm to life or health), nor your statutory rights as a consumer.
14. Suspension and closing your account
- You can stop using NewSet and delete your account whenever you want, from the app or by writing to us. We explain how in Delete your account.
- We may suspend or close your account if you breach these terms, especially section 7, or if the law requires it. Except in section 7 cases or where it is not possible, we will notify you and tell you the reason.
- If we close your account for breaching these terms, you may not create another one.
15. Apps downloaded from the App Store and Google Play
If you download NewSet from the App Store, the following also applies:
- These terms are an agreement between you and us, not with Apple. We alone are responsible for the app and its content.
- The licence allows you to use the app on Apple-branded products that you own or control, as permitted by the Usage Rules set out in the Apple Media Services Terms and Conditions.
- Apple has no obligation whatsoever to provide maintenance or support for the app. We provide support, at newset@newset.app.
- If the app fails to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price, if any, you paid for it. To the maximum extent permitted by law, Apple has no other warranty obligation with respect to the app.
- We, not Apple, are responsible for addressing any claims by you or any third party relating to the app: product liability claims, claims that the app fails to conform to any legal or regulatory requirement, consumer protection claims, and any claim that the app infringes a third party’s intellectual property rights.
- You represent that you are not located in a country subject to a U.S. Government embargo or designated by the U.S. Government as a «terrorist supporting» country, and that you are not listed on any U.S. Government list of prohibited or restricted parties.
- You must comply with the terms of any third-party services you use with the app (for example, your mobile carrier).
- Apple and its subsidiaries are third-party beneficiaries of these terms and, once you accept them, will have the right to enforce them against you.
If you download NewSet from Google Play, the Google Play Terms of Service also apply. Google is not a party to these terms and is not responsible for the app.
16. Other terms
- Electronic communications. You agree that we may contact you through the app or by email. Those notices, and your acceptance of these terms in the app, count as written communication.
- Entire agreement. These terms, together with the privacy policy, are the entire agreement between you and us about NewSet.
- Severability. If a court declared any part of these terms void, the rest would remain valid.
- No waiver. If at some point we do not enforce one of these terms, that does not mean we waive the right to do so.
- Assignment. We may assign this agreement to another company that continues the service, for example in a merger or a sale, without reducing your rights. We will tell you beforehand.
- Force majeure. We are not liable for failures caused by events beyond our reasonable control.
17. Changes to these terms
We may update these terms to reflect changes in NewSet or in the law. We will change the date above and, if the change is significant, tell you in the app before it applies. If you do not agree, you can delete your account; if you keep using NewSet after that date, you accept the new terms.
18. Governing law and complaints
These terms are governed by Spanish law. If you are a consumer, you also keep the protection given to you by the law of your country of residence in the European Union, and you may bring a claim before the courts of your place of residence.
If you have a complaint, write to us first at newset@newset.app: almost everything gets resolved that way. You can also turn to the consumer services of your region or local authority.
19. Contact
NEWSET SOFTWARE SOCIEDAD LIMITADA
Carrer de Robrenyo, 7, 08014 Barcelona, Spain
Phone: +34 644 40 57 59
newset@newset.app
To report content or a user, write to newset@newset.app. We answer reports within 24 hours. You can also report or block any message or user from the app.
