Terms of Use | Privacy Policy | End User License Agreement | System Requirements
Welcome to our website. Please review the following terms carefully prior to using the website or service.
The present Terms of Use, which include our Privacy Policy and End User License Agreement ("EULA"), govern your use of the Tempo in Motion website, including all features and functionalities, user interfaces, our mobile site, and all content and software associated therewith (collectively the "Site").
By accessing, visiting, browsing or using the Tempo in Motion Site, you are agreeing to comply with and be bound by these Terms of Use. If you do not agree to these Terms of Use, you should not use the Tempo in Motion Site.
These Terms of Use are an ongoing binding contract between you and Tempo in Motion. The term "Tempo in Motion" or "tempoinmotion.com" or "m.tempoinmotion.com" or "us" or "we" or "our" refers to B-now Enterprises, Inc., the owner of the Site.
We may, from time to time, with or without notice to you, change these Terms of Use in our sole and absolute discretion. The last and current version of the Terms of Use can be reviewed by clicking on the link "Terms of Use" at the bottom of the pages of the Tempo in Motion website. The most current version of the Terms of Use will supersede all previous versions. You can see changes from previous versions of the Terms of Use clicking on this link.
We take your privacy seriously. For information regarding the use of information collected in connection with the use of the Tempo in Motion website or service, please refer to Tempo in Motion's Privacy Policy, the terms of which are incorporated herein.
You must be at least 18 years of age to become a member of Tempo in Motion service. If you are under 18 but at least 13 years of age, you may utilize the service only with the involvement of a parent or legal guardian. If you are a parent or a guardian registering to the service on behalf of your child or a child in your legal care, please be aware that you are fully responsible for his or her use of the service, including all financial charges and legal liability that he or she may incur.
Children under the age of 13 may not register for Tempo in Motion service, and parents may not register on their behalf.
Tempo in Motion is an online subscription service offering its members access to several sports' tempo and rhythm systems, sports music, and sports related services, including, but not limited to, a library of sports training audio tracks ("Tempo Tunes"), a streaming Internet radio ("Tempo Tunes Radio"), a comprehensive sports tempo measurement system including audio-visual tempo matching ("Tempo Finder") and, on certain membership plans, video analysis ("Tempo Analyzer") as well as ways to track your progress by storing your own video ("Video Storage") , (collectively the "Service").
We reserve the right in our sole and absolute discretion to make changes from time to time and without notice in how we operate our service. We are constantly trying to improve our service by making adjustments and these adjustments are not always entirely represented within these Terms of Use.
The Service, including promotional offers and redeemable codes, is for your personal, non-commercial use and is non-transferable. The Service is designed for personal sampling and use, and you are not allowed to provide any files obtained through the Service to any other party or through any other means.
1. Promotional Trials
Your Tempo in Motion membership may start with a free trial. The free trial period of your membership lasts for one month, or as otherwise specified during sign-up. Free trials may not be combined with any other offers. You must have Internet access and a current valid accepted payment method as indicated during sign-up ("Payment Method"), to use our service. If you or another member of your household has been a Tempo in Motion member within the last 12 months, or if your Payment Method, physical address or email address have been associated with a Tempo in Motion membership, you are not eligible to receive a free trial.
We will begin billing your Payment Method for monthly membership fees at the end of the free trial period of your membership unless you cancel prior to the end of the free trial period. To view the specific details of your membership, including monthly membership price and end date of your free trial period, visit our website and click on the "Your Account" link. Your Payment Method will be authorized for up to approximately one month of service as soon as you register. In some instances, your available balance or credit limit may be reduced to reflect the authorization; however, no charges will be made against the Payment Method unless you do not cancel prior to the end of your free trial period. You will not receive a notice from us that your free trial period has ended or that the paying portion of your membership has begun. If YOU CANCEL PRIOR TO THE END OF YOUR FREE TRIAL, THERE WILL BE NO CHARGES TO YOUR PAYMENT METHOD. Review our "Termination" section below for cancellation instructions. We will continue to bill your Payment Method on a monthly basis for your membership fee until you cancel. You may cancel your membership at anytime; however, there are no refunds or credits for partially used periods.
We may offer a number of membership plans, including special promotional plans or memberships with different limitations. We reserve the right to modify, terminate or otherwise amend our offered membership plans. Unless otherwise stated differently, month or monthly refers to your billing cycle (See " Term, Fees and Payments " below).
2. Subscription
We offer a variety of subscription plans at several price levels, including special promotional plans or plans with limitations to the number of features allowed during a month. On the Tempo in Motion Site, you can choose between three subscription plans: Basic and Pro. You can find the specific details regarding your subscription with Tempo in Motion at anytime by clicking on the "My Account" link, located at the top of the pages of our website.
By signing up to a subscription, you allow us to email you with notices concerning changes to the Terms of Use or changes in the Service that you use.
3. Registration and Account Information
- True and Complete Information: To use the Service, you will be required to register and provide certain information, including a valid email address and a password ("Account Information"). You may also be asked to provide billing and/or additional information. You agree to provide and update true, accurate, current and complete information.
- Update Information: You are responsible for updating and maintaining the accuracy of your Account Information. You can update your Account Information by clicking on the "My Account" link located at the top of the pages of our website and then selecting a link under "My Information."
- Maintain Confidentiality: Only you may access the Service using your ID and password. You agree not to allow others to use your account and/or your member name and password. You are responsible for maintaining the confidentiality and security of your account and for restricting access to your computer or mobile device. Users of public or shared computers or unprotected mobile devices should log out after each visit to the Tempo in Motion website.
- Stolen Account Information: If you believe someone has accessed your account or information without your authorization, it is your responsibility to immediately change your password. You agree to immediately notify our Customer Service of any unauthorized use of your account or any other security breach known to you. Tempo in Motion shall not be responsible for any losses arising out of the unauthorized use of your account and/or Account Information and you acknowledge that complete privacy of your data and messages transmitted while using the Service cannot be guaranteed.
4. Features and Functionality
Access to the Service: In order to use the Service, you must obtain access to the Internet and pay any service fees associated with such access. In addition, you must provide all equipment necessary to make such connection to the Internet and listen to and/or view the media files.
System Requirements and Device Limitations: To use the System, your equipment must satisfy certain system requirements. Click here to view the various system requirements. The quality of the display and/or sound may vary from computer to computer, and device to device, and may be affected by a variety of factors, such as the bandwidth available and/or the speed of your Internet connection. Tempo in Motion makes no representations about the quality of your sound or display.
Availability and Limits: The number of features you may use depend on your plan. To view the details of your subscription plan, click on the "My Account" link located at the top of the pages of our website.
- Tempo TunesTM Tempo Tunes are audio tracks engineered to fit the tempo of sports movements, including golf swings and shots. They comprise voice prompts, rhythmic patterns ("Click Patterns") and instrumental music in many genres and speeds. Tempo Tunes, including but not limited to the Click Patterns, are protected by copyright and other intellectual property laws as set forth in these Terms of Use.
A "Sample" is a portion of a Tempo Tune or, in some cases, an entire track or promotional music video that you can play (and, if applicable, view) on the website on a promotional basis. You may play as many Samples as you like. You may not attempt (or support others' attempts) to capture, copy, or transfer a Sample or any part of a Sample.
A "Playlist" is a series of Tempo Tunes that you choose to arrange within your subscription account. Playlists may be streamed on your computer or mobile device.- Tempo Tunes Radio The Tempo Tunes Radio (the "Radio") allows you to stream and sample Tempo Tunes, and to select tunes for your Playlists. The Radio is for your personal use only. You may use the Radio only via the Site. Whether the Radio is available for your mobile device depends on factors including but not limited to iPhone and Android OS versions, wi-fi availability and bandwidth, and screen resolution.
- Tempo Finder The Tempo Finder is an online software application containing audio and video content. The Tempo Finder allows you to compare and match your own golf swing, putting stroke, and short game shots to that of the several different speeds of movement displayed in the application. Tempo in Motion uses a proprietary measurement system that allows you to easily remember your tempo. Once you identify which tempo fits your movement best, you can select music for your tempo from the Tempo Tunes library.
- Tempo Analyzer The Tempo Analyzer is an online software application that allows you to upload a short video of your own golf swing (full swing, putting stroke, or short game shot), lets you trim the section to analyze, and allows you to calculate your tempo according to the Tempo in Motion system. Only your personal video material, for which you own full copyright or for which you have full copyright permission, can be uploaded in the Tempo Analyzer application.
- Video Storage Under certain subscription plans, you are able to store in your account one or several video segments uploaded through the Tempo Analyzer (trimmed segments). The stored videos may be emailed or shared through selected social media platforms and you should refer to these third-party respective Terms of Use and Privacy Policy. Provisions under "Third Parties Sites and Information" apply to these third-party websites and services.
- Tempo Timeline The Tempo Timeline is an online software application allowing you to follow in time the tempo you test with the Tempo Finder and/or the Tempo Analyzer.
SOFTARE/END USER LICENSE AGREEMENT: All software applications, including Tempo Finder and Tempo Analyzer, made available by Tempo in Motion on the website and through the Service, are protected by intellectual property laws and your use of them is governed by this Agreement as well as any applicable end user license agreements. A copy of the current End User Agreement ("Tempo in Motion EULA") is available here.
We do not warrant that any of the software applications will be compatible with any other third party software or hardware. Please refer to the Disclaimers of Warranties and Limitations of Liability set forth in these Terms of Use.
5. Term, Fees and Payments
- Subscription Payment:
By subscribing to the Service, you are expressly agreeing that we are authorized to charge you recurring monthly subscription fees, any applicable tax and any other charges you may incur in connection with your use of the Service to the debit or credit card you designated as the payment method ("Payment Method") to be billed for your account. Additional charges may include gift subscription purchases you make or service plan changes you request. If you are eligible, and have signed up for a free trial, your Payment Method will be authorized for up to approximately one month of service during free trials; however, no charges will be made against the Payment Method unless you do not cancel prior to the end of your free trial period.- Automatic Renewal:
Unless you notify us of your decision to terminate your subscription (see "Termination" below), your subscription will automatically renew at the end of each monthly subscription term. At the time of renewal, your Payment Method will be charged our then-current fees for the applicable subscription. You must cancel your subscription before it renews each month in order to avoid billing of the next month's subscription fees to your Payment Method.- Free Trial:
If you are eligible, and have signed up for a free trial, your Payment Method will be authorized for up to approximately one month of service during free trials; however, no charges will be made against the Payment Method unless you do not cancel prior to the end of your free trial period.- Billing Date:
The subscription fee will be billed at the beginning of the paying portion of your membership and on each monthly renewal thereafter unless and until you cancel your membership. To view the commencement date of your subscription, click on the "My Account" link located at the top of the pages of our website. We will automatically bill your Payment Method each month on the calendar day corresponding to the commencement date of your subscription. If, however, your commencement date is on the 29th, 30th or 31st day of a month, and your Billing Date does not exist in a particular month because they are fewer than thirty-one (31) days in the month payment is due, your Billing Date for that particular renewal will be on the last day of the month in which your Billing Date would otherwise be.- Subscription Updates and Downgrades:
You may upgrade or downgrade to a different subscription plan. Upgrade means that you are selecting any higher subscription plan. Downgrade means that you are selecting any lower subscription plan. To change your plan, simply click on the "My Account" link located at the top of the pages of our website, then click on "Change Subscription" and select a new package. The downgrade will be effective on your next monthly subscription period. The upgrade will be effective immediately and you agree to pay the difference in price between your new upgraded monthly subscription and your existing monthly subscription. The pro rated difference for the on-going month will be immediately billed to your Payment Method. The prorated fee is calculated on a 30 days basis. You agree to pay the fees designated for the Service level you upgraded for in accordance with the Term, Fees and Payments, and in accordance with our Pricing.- No Refund:
All fees and charges are nonrefundable and they are no refund or other credits for partially used periods. At any time, and for any reason, we may provide a refund, discount, or other consideration to some or all of our members ("Credits"). The amount and form of such Credits, and the decision to provide them, are at our sole and absolute discretion. The provision of Credits in one instance does not entitle you to Credits in the future for similar instances, nor does it obligate us to provide Credits in the future, under any circumstances.- Payment Methods and Credit Card Terms:
All payments must be made by a major credit or debit card accepted by Tempo in Motion (currently VISA, Mastercard, American Express and Discover). We do not accept cash, checks or any other payment form. If you want to use a different Payment Method or if there is a change in your credit card validity or expiration date, you may edit your Payment Method information by clicking on the "My Account" link located at the top of the pages of our website, then click on "Edit Payment Method / Billing Address". If your Payment Method reaches its expiration date and you do not edit your Payment Method information or cancel your account (see "Termination" below), your Service will automatically be suspended until you provide a new or updated Payment Method. Your card issuer agreement governs your use of your designated card in connection with the Service, and you must refer to that agreement and not this Agreement to determine your rights and liabilities as a cardholder. You, and not Tempo in Motion, are responsible for paying any amounts billed to you by a third party, which were not authorized by you.- Unauthorized Charges:
Unless you notify us of any discrepancies or unauthorized charges within sixty (60) days after they first appear on your account statement, they will be deemed accepted by you for all purposes, including resolution of inquiries made by your card issuer. You release Tempo in Motion from all liabilities and claim of loss resulting from any error or discrepancy that is not reported to us within sixty (60) days of its first appearance on an invoice or credit card statement.- Taxes:
Prices and fees are generally exclusive of any applicable taxes, including but not limited to U.S. state sales taxes which will be added to your bill if and as applicable.- Modifications to Fees or Billing Terms:
All subscription fees are subject to change upon notice by Tempo in Motion. If the renewal fee is subject to a price change, we will notify you to your designated email address at least fourteen (14) days prior to renewal, so that you have the opportunity to elect not to renew.6. Termination
By you: To cancel your subscription, click on the "My Account" link located at the top of the pages of our website, and select "Cancel Subscription" on your account page. Cancellation will take effect at the end of the billing period during which you deliver notice to Tempo in Motion. At the end of the billing period during which you deliver your cancellation notice, your account will be deactivated. Once you have terminated your subscription, we will stop billing your credit card until and unless you purchase another product or Service. Termination of your subscription shall not relieve you of any obligations to pay accrued charges.
By us: We reserve the right to terminate this Agreement, restrict, suspend or terminate your use of the Service immediately and without notice or liability, for any reason, including, without limitation, if we believe that you have violated or acted inconsistently with the letter or the spirit of this agreement or Tempo in Motion EULA.
Memberships acquired through redeemable codes and various promotional offers are subject to Terms of Use set forth herein.
You may purchase on the Tempo in Motion website various Gift Subscriptions redeemable for the Tempo in Motion service. We will automatically bill your Payment Method for any purchased Gift Subscriptions. The purchase of Gift Subscriptions is subject to the terms and conditions set fourth on the Gift Subscription Purchase page, and the redemption of Gift Subscriptions is subject to the terms and conditions set forth on the Gift Subscription Redemption page.
If you need assistance with your subscription, you may find answers here, where you will find answers to many frequently asked questions. You may also contact us by filling a form here.
Occasionally, Customer Service may best be able to assist you through a remote access support tool, which allows us to interact directly with your account. Such support will be provided only with your consent and in your presence (via phone and Internet connection). During the time you are receiving remote access support, we have full access to your desktop. If you do not want us to have this access, you should not consent to support through the remote access tool, and we will do our best to help you through other means. The Disclaimers of Warranties and Limitations set forth in these Terms of Use expressly apply to the use of Customer Service, including any remote desktop access tool.
Tempo in Motion is free to use any comments, information, ideas, reviews, techniques or any other material contained in any communication you may send us ("Feedback"), including through surveys or through postings to Tempo in Motion website and website blog, without further compensation, acknowledgement or payment to you for any purpose whatsoever including, but not limited to, developing, manufacturing, and marketing products and creating, modifying or improving the Tempo in Motion website or other websites. Furthermore, by posting any Feedback on our site, submitting Feedback to us, or in responding to surveys and questionnaires, you grant us a perpetual, non-exclusive, royalty-free irrevocable license and right to display, use, reproduce or modify the Feedback submitted in any media, software or technology of any kind now existing or developed in the future.
Please note that Tempo in Motion does not accept unsolicited materials or ideas for use or publication, and is not responsible for the similarity of any of its content or programming in any media to materials or ideas transmitted to Tempo in Motion. If you send any unsolicited materials or ideas, you do so with the understanding that no additional consideration of any sort will be provided to you, and you are waiving any claim against Tempo in Motion and its affiliates regarding the use of such materials and ideas, even if material or an idea is used that is substantially similar to the idea you sent.
By using the Service, you consent to receiving electronic communications from Tempo in Motion. These communications will include notices about your account and information concerning or relating to the Service, such as featured music, training techniques or other offerings. These communications are part of the Tempo in Motion membership. You agree that any notice, agreements, disclosure, or other communications that we send to you electronically will satisfy any legal communication requirements, including that such communications be in writing.
Tempo in Motion will make reasonable efforts to keep the website and the Service operational. However, certain technical difficulties or maintenance may, from time to time, result in temporary interruptions. We will make reasonable efforts to notify you at least twenty-four (24) hours in advance of any anticipated downtime that will exceed one hour.
Tempo in Motion reserves the right to modify or discontinue, temporarily or permanently, functions and features of the Service, with or without notice. We reserve the right to remove content at any time, including, but not limited to, tunes, videos or articles.
Tempo in Motion shall not be liable to you or to any third party for any of the direct or indirect consequences of any modification, malfunction, suspension, discontinuance of or interruption to or of any of the feature of the website or the Service.
The Content available through the website or the Service is the property of Tempo in Motion or its licensors and is protected by Copyright and other intellectual property laws. Content accessed through the website or received through the Service may be viewed, used and played for your personal, non-commercial use only. You agree not to reproduce, adapt, retransmit, distribute, disseminate, sell, sub-license, broadcast, perform, make available to third parties or circulate the content received through the website and the Service to anyone or to exploit any such content for commercial or non-commercial purposes without the express prior written consent of Tempo in Motion. "Content" means any present, past and future content of our website, including, but not limited to, software, graphics, text, images, audio, video, databases, designs, logos, trademarks, trade names, service marks, domain names, any and all copyrighted materials (including source and object code), the "look and feel" of our website. You further agree to indemnify and hold us harmless for your failure to comply with this section.
It is our policy to respect the intellectual property rights of others. If you know or suspect that any use of the Service, Tunes and/or Content constitutes copyright infringement, or know someone who is making unauthorized use of the content of our website or Service, please send a signed written notice by mail or using the Contact Us form. The notice must contain all of the information set forth in Section 512(c)(3)(A) of the U.S. Copyright Act, 17 U.S.C § 101 et seq.
Any website that links to our website: (a) must not frame, surround, obfuscate, or create a browser or border environment around any of the Content of our website; (b) may link to, but not replicate, any of the Content of our website; (c) must not imply that Tempo in Motion or our website or any artist or sports personality or trainer or professional are endorsing or sponsoring it or its products, unless Tempo in Motion has given its prior written consent; (d) must not contain content that is illegal, obscene or defamatory, or that could be constructed as distasteful, offensive or controversial; and (e) must not support, endorse or encourage piracy or the unauthorized exploitation of intellectual property rights. "Content" means any present, past and future content of our website, including, but not limited to, software graphics, text, images, audio, video, databases, designs, logos, trademarks, trade names, service marks, domain names, any and all copyrighted materials (including source and object code), the "look and feel" of our website. By linking to our website you agree that you do and will continue to comply with the above linking requirements. We reserve the right to deny permission to link to our website for any reason in our sole and absolute discretion.
Our website may present links to third-party websites not owned or operated by us. We are not responsible for the availability of these sites or their contents. You agree that Tempo in Motion is not responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in direct connection with your use of or reliance on any content of any such site or goods or services available through any such site.
YOU EXPRESSLY AGREE THAT USE AND ACCESS OF ANY Tempo in Motion WEBSITE, SERVICE, TUNES, SYSTEM, MOBILES FEATURES AND MATERIALS IS AT YOUR SOLE RISK. Tempo in Motion WEBSITE, SERVICE, TUNES, training SYSTEM, MOBILES FEATURES AND MATERIALS (the "products") ARE PROVIDED ON AN "AS IS" AND AN "AS AVAILABLE" BASE AND WITHOUT WARRANTY BY Tempo in Motion OR ITS AGENTS, EMPLOYEES, PARENTS, SUBSIDIARIES, AFFILIATES, LICENSORS, BUSINESS PARTNERS AND/OR SUPPLIERS (THE "Tempo in Motion ENTITIES"). Tempo in Motion ENTITIES EXPRESSLY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR ANY PARTICULAR PURPOSE, TITLE, NONINFRIGEMENT OF THIRD PARTY RIGHTS, OR ANY WARRANTIES ARISING BY COURSE OF DEALING OR CUSTOM OF TRADE. Tempo in Motion ENTITIES DO NOT WARRANT, GUARANTEE, OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF products with respect to performance, accuracy, reliability, security capability or otherwise. you will not hold any Tempo in Motion entity responsible for any damages that result from you accessing the website, the service or using the products including, but not limited to, damage to any computer, software or systems or portable devices you use to access the same. No oral or written information or advice given by any person shall create a warranty in any way whatsoever relating to any of Tempo in Motion entities.
To the maximum extent permitted by applicable law, Tempo in Motion entities shall not be liable to you or any third party for any direct, indirect, incidental, special, exemplary, punitive or consequential damages (including damages for loss of business profits, business interruption, loss of business information, and the like), or any other form of damages in any manner arising out of or in connection with this agreement or your use of the products, regardless of the form of action or on the basis of the claim or whether or not Tempo in Motion entities have been advised of the possibility of such damages.
to the extent that in a particular circumstance any disclaimer or limitation on damages or liability set forth herein is prohibited by applicable law, then, instead of the provisions hereof of such particular circumstance, Tempo in Motion entities shalL be entitled to the maximum disclaimers and/or limitations on damages and liability available at law or in equity by such applicable law in such particular circumstance, and in no event shall such damages or liability exceed US$10.
You agree to indemnify and hold Tempo in Motion Entities harmless from any claim or demand, including reasonable attorney's fees, made by any third party due to, or arising out of or related to your violation of this Agreement, or your violation of any law, regulation or third-party right.
This Agreement shall be governed by the laws of the State of New Mexico, United States of America, without regard to or application of any choice of law or conflict of laws provisions. This Agreement will not be governed by the United Nations Convention of Contracts for International Sale of Goods, the application of which is hereby expressly excluded. You consent to the exclusive jurisdiction of the state and federal courts sitting in Santa Fe, in the State of New Mexico, USA. You and Tempo in Motion expressly consent to personal jurisdiction and venue in these courts. The parties agree that in any dispute relating to this Agreement, and any subsequent legal action, They will only assert claims in an individual (non-class, non-representative) basis, and that they will not seek or agree to serve as a named representative in a class action or seek relief on behalf of those other than themselves.
Limitation of Use
If your access or use of our service is prohibited or restricted in any way by the laws, regulations or other governmental requirements of the jurisdiction in which you live, please discontinue using our service immediately.
Legal Construction
If any provision of this Agreement is shall be held to be invalid, illegal, unenforceable or in conflict with the law of any jurisdiction, then the invalid, illegal or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Agreement shall continue in full force and effect.
No Assignment
This Agreement is personal to you and may not be transferred, assigned or delegated to anyone. Any attempt by you to assign, transfer or delegate this Agreement shall be null and void.
Waiver
No failure or delay in enforcing any provision, exercising any option or requiring performance, shall be constructed to be a waiver of that or any other right in connection with this Agreement.
Survival
Any provision which must survive in order to allow us to enforce its meaning shall survive the termination of this Agreement.
June 3, 2016