Terms and Conditions — FencingMonitor

1.Provider Identification

1.1These Terms and Conditions (“Terms”) govern access to and use of the FencingMonitor Service and its related platform functionalities.
1.2The Service is provided by M2M TECHNOLOGY EQUIPMENT SRL, VAT ID RO21565822, Registration No. J2017005293238.
1.3Registered address: No. 16 Teiului Street, First Floor, Room 1, Domnești, Ilfov County, Romania.
1.4Contact email: office@fencingmonitor.com. Support email: office@fencingmonitor.eu.
1.5In these Terms, the company may also be referred to as the Provider, the Company, FencingMonitor, we, us, or our.

2.Scope and Acceptance

2.1These Terms apply to all access to and use of the FencingMonitor platform, including account creation, purchase of packs, upload of content, analysis requests, AI explanation requests, access to outputs, and related user interactions.
2.2By creating an account, accessing the Service, uploading content, purchasing a pack, initiating analysis, using paid functionality, or otherwise using the platform, the user confirms that the user has read, understood, and agreed to these Terms.
2.3If the user does not agree to these Terms, the user must not use the Service.
2.4The Provider may maintain technical records evidencing acceptance, including timestamps, IP addresses, account identifiers, transaction references, and document-version records.

3.Definitions

3.1Account means a user account created to access the Service or restricted functionalities.
3.2Video Analysis means one paid processing unit associated with one uploaded eligible video or, where expressly offered, one eligible versus/comparative video context.
3.3Pack means a prepaid bundle of Video Analyses and associated AI Explanation Requests described on the Products & Pricing page.
3.4AI Explanation Request means one AI-generated report explanation, follow-up answer, progress-related view, versus or comparative view, alternative explanation, simplified explanation, technical explanation, or regenerated AI interpretation generated in connection with the Service.
3.5Content means any video, file, text, image, prompt, data, or other material provided by the user.
3.6Output means any report, metric, metric state or metric-level evaluation, visualization, analytical explanation, AI-generated text, or other generated result.
3.7Progress Analysis or Longitudinal Analysis means an analysis that compares eligible videos over time and requires a minimum of 5 eligible videos.
3.8Consumer means a user acting outside trade, business, craft, or profession. Business User means a user acting in the course of trade, business, craft, or profession.
3.9Service means the FencingMonitor AI-assisted video analysis service. Platform means the website, in-house servers, databases, algorithms, interfaces, and related technical environment. External providers used by the Service are limited to the roles actually described in these Terms and the Privacy Policy.
3.10Descriptive Report means the initial analytical report explanation that describes observed phenomena, possible causes, and effects without providing correction instructions, guaranteed solutions, medical advice, refereeing decisions, or mandatory coaching plans.

4.Adult Eligibility and User Categories

4.1Only an adult may create an Account, purchase the Service, and accept these Terms and Conditions.
4.2If the user acts on behalf of a company, club, academy, sports organization, or other entity, the user represents that the user has authority to bind that entity to these Terms.
4.3These Terms apply to both Consumers and Business Users. Where mandatory law grants special rights to Consumers, nothing in these Terms excludes or limits those rights.

5.Service Description

5.1FencingMonitor provides AI-assisted analytical tools intended to support épée fencing video analysis. Depending on the active product configuration, the Service may include video processing, pose estimation, biomechanical modeling, automated detection layers and automated classification of measured movement data, fencing actions, or metric states, metric generation, structured analytical reports, and explanatory AI-generated text. These automated functions do not classify or categorize the athlete as a person.
5.2The Service is analytical and informational. It is not refereeing software, an official competition adjudication tool, a guarantee of athletic improvement, a substitute for qualified coaching judgment, or a substitute for medical, legal, or other professional advice.
5.3Outputs are generated through computational systems and may be probabilistic, approximate, incomplete, or dependent on input quality and processing conditions.
5.4The availability of report families, progress views, versus views, interface languages, follow-up answers, and AI explanation modes depends on product configuration, user selections, technical eligibility, and the purchased pack. FencingMonitor reports and explanations are generated in English.

6.Account and Access

6.1Where account-based access is enabled, the user is responsible for maintaining the confidentiality of login credentials and for all activity occurring through the account unless unauthorized use is reported without undue delay.
6.2The Provider may restrict, suspend, or terminate account access in accordance with these Terms, the Acceptable Use Policy, applicable law, or security requirements.
6.3The Provider may implement access controls, authentication checks, integrity safeguards, usage counters, and other technical measures reasonably necessary for service security, abuse prevention, and continuity.

7.Payment Model and Merchant of Record

7.1Payments for the Service are processed by Paddle.com Market Ltd, acting as Merchant of Record.
7.2Where Paddle acts as Merchant of Record, Paddle is responsible for payment processing, billing, tax calculation, tax collection, and invoicing within the scope of its role.
7.3The Provider remains responsible for the Service itself, including service eligibility, execution logic, technical refusal logic, analytical delivery, platform operation, and service-related contractual rules, except where mandatory law or payment-provider rules require otherwise.
7.4Any payment-provider terms applicable to a transaction apply within the payment-processing layer they govern. They do not replace these Terms as the general contractual framework governing use of the Service.
7.5Paddle-processed purchases are also governed, within Paddle’s role, by the Paddle Buyer Terms, Paddle Refund Policy, Paddle Buyer Support, Paddle Privacy Notice, and Paddle Acceptable Use Policy.

8.Packs and AI Explanation Allowance

8.1Each purchased video includes up to 60 AI Explanation Requests, unless a different allowance is expressly stated at the time of purchase.
8.2The total included AI Explanation Request allowance for a pack is calculated by multiplying the number of purchased videos by 60. For example, 3 videos include 180 AI Explanation Requests, 10 videos include 600 AI Explanation Requests, and 100 videos include 6,000 AI Explanation Requests.
8.3AI Explanation Requests are not unlimited conversational access to an AI assistant. They are an included usage allowance connected to FencingMonitor report consultation and related analysis features.
8.4AI Explanation Requests may be consumed by report explanations, follow-up answers, progress-related views, versus or comparative views, alternative explanations, simplified or technical explanations, regenerated interpretations, or other AI-generated outputs made available through the Service.
8.5Viewing a previously displayed page, navigating in the account, or accessing content that is served without a new AI generation may not consume an AI Explanation Request. However, the Provider does not guarantee unlimited storage, replay, or regeneration of AI-generated content.
8.6Once the included AI Explanation Request allowance is consumed, additional AI-generated outputs may be unavailable, limited, delayed, or subject to an additional purchase.
8.7Unused purchased Video Analyses do not expire. They remain service entitlements within the applicable pack and are not money, stored value, a wallet, or transferable credit.

9.Progress and Longitudinal Analysis

9.1Progress Analysis and Longitudinal Analysis require a minimum of 5 eligible videos for the selected athlete, context, and analysis configuration.
9.2If fewer than 5 eligible videos are available, the Service may refuse to generate progress outputs, display only static analysis, or invite the user to upload additional eligible videos.
9.3Changing the video set, order, athlete, context, report family, or other configuration for a progress view may create a new analysis context and may consume AI Explanation Requests or other applicable usage allowance.
9.4Progress outputs depend on video eligibility, recording consistency, temporal order, input quality, engine results, and the report families supported by the active product configuration.

10.Service Execution and Consumption

10.1The Service operates on an on-demand computational model unless expressly stated otherwise.
10.2A Video Analysis is completed and consumed only when processing has finished and a valid analytical report has been generated or made available.
10.3An AI Explanation Request is completed and consumed only when a valid AI-generated explanation or other applicable explanatory response has been generated or made available. A counter entry alone does not establish valid completion.
10.4A consumption event is the auditable execution point defined by the service workflow in effect.
10.5If the service architecture distinguishes between accepted execution, justified technical refusal, partial execution, failed execution, or interrupted execution, the legal consequences are governed by these Terms together with the Refund Policy and Service Scope and Limitations document.
10.6The current Service is not offered as a subscription service. Paid access is provided through prepaid packs and other one-off or on-demand purchases described on the Products & Pricing page. Each analysis operation or AI generation constitutes a separate on-demand service action triggered by the user.

11.Consumer Rights and Immediate Performance

11.1Where the user is a Consumer, mandatory consumer-law protections apply to the extent required by applicable law.
11.2If digital services begin immediately after user initiation, the Provider may rely on legally valid mechanisms for immediate performance, acknowledgement, or consent where required by applicable law.
11.3Nothing in these Terms excludes non-waivable rights relating to digital content, digital services, conformity, remedies, withdrawal, or termination where such rights apply by law.

12.Refunds, Withdrawal, and Payment Disputes

12.1Refund eligibility, withdrawal consequences, treatment of unused packs or allowances, payment disputes, and exceptional refund handling are governed in greater detail by the separate Refund Policy and, for transactions processed by Paddle, by the applicable Paddle Buyer Terms and Paddle Refund Policy.
12.2These Terms do not create any refund right beyond what is stated in the Refund Policy, provided under the applicable Paddle Buyer Terms or Paddle Refund Policy for Paddle-processed transactions, or required by mandatory law.
12.3Where service execution has begun, the legal consequences relating to refundability, withdrawal, non-refundability, restoration or replacement of affected Video Analyses or AI Explanation Request allowances, or technical-failure review must be interpreted consistently with the Refund Policy.
12.4Reaching or consuming the included AI Explanation Request allowance does not constitute a Service failure if the purchased video analysis or eligible functionality has been made available according to the applicable service description.
12.5A user’s disagreement with an Output, desire for more AI interactions after the allowance has been consumed, or request for unlimited regeneration does not by itself create a refund right.
12.6Paddle-processed purchases are also governed, within Paddle’s role, by the Paddle Buyer Terms, Paddle Refund Policy, Paddle Buyer Support, Paddle Privacy Notice, and Paddle Acceptable Use Policy.

13.Video Technical Requirements

13.1Minimum conditions are mandatory processing-eligibility requirements. Recommended conditions improve timing reliability, motion extraction, and biomechanical interpretation.
13.2A video that does not show both fencers, exceeds 15 seconds, is below 720p, is below 30 fps, or is not supplied as MP4 or MOV may be subject to justified technical refusal. Failure to follow a recommendation may instead reduce analytical quality or available output, depending on its effect on the recording.
13.3The video must be at least 720p and at least 30 fps. For clearer fast-action analysis, 1080p or higher and 60 fps are recommended.
13.4Only MP4 and MOV files are accepted. Heavy compression, low bitrate, visible artifacts, or other quality loss may still obscure movement and reduce the usable output.
13.5The user must provide a focused video no longer than 15 seconds, centered on a clear action, exchange, or report-relevant sequence.
13.6If the source recording is longer, trim it before upload. Remove irrelevant dead time, but retain preparation, entry, action, hit or interaction, and recovery phases when relevant to the requested analysis.
13.7Both fencers visible; video no longer than 15 seconds; 720p minimum; 30 fps minimum; MP4 or MOV only. Recommended: weapon hands, weapon lines, feet, and trunk clearly visible; stable camera; perpendicular side view; landscape orientation; enough light; no heavy blur; 1080p or higher and 60 fps where possible.

14.User Content, Minors, and Permissions

14.1The user retains ownership of uploaded Content, subject to the rights necessary for the Provider to operate the Service.
14.2By uploading or submitting Content, the user grants the Provider a limited, non-exclusive, purpose-bound license to host, copy, transmit, process, analyze, store, secure, troubleshoot, and, where necessary, reprocess that Content in order to operate and support the Service, maintain security, prevent abuse, resolve disputes, and comply with legal obligations.
14.3The user represents and warrants that the user has sufficient rights, permissions, authority, and legal basis to upload and authorize processing of all submitted Content.
14.4If Content includes minors or identifiable third parties, the user is responsible for ensuring that all required permissions, consents, notices, or other lawful bases have been obtained where required by applicable law.
14.5The uploading adult is responsible for all required notices, permissions, consents, parental authorizations, image-right permissions, and other lawful bases concerning minors and identifiable third parties.
14.6The Provider does not represent that it independently verifies every permission, consent, parental authorization, or lawful basis underlying an upload.
14.7The Provider will not publish the submitted video or use it for advertising, social media, testimonials, or commercial demonstrations unless the requester and any other required rights holder later provide a separate, specific authorization.
14.8Access to uploaded Content is limited to authorized Provider personnel where reasonably necessary to operate, secure, troubleshoot, support, or legally defend the Service.

15.Acceptable Use

15.1The user must use the Service lawfully, responsibly, and in good faith.
15.2The user must not upload illegal, infringing, malicious, deceptive, or rights-violating content; interfere with platform integrity, security, or availability; bypass authentication, access controls, usage counters, or payment controls; introduce malware; scrape or systematically extract outputs or platform data without authorization; reverse engineer, reconstruct, replicate, conduct abusive benchmarking of, or attempt model extraction from, the platform.
15.3The user must not automate repeated AI Explanation Requests, attempt to bypass request limits, use scripts or bots to trigger excessive generations, resell included AI access as unlimited service, or exploit the platform in a manner inconsistent with normal report consultation.
15.4The user must not misuse AI-related features, including through prompt injection, attempts to override domain limits, or attempts to obtain outputs unrelated to FencingMonitor’s service scope.
15.5Additional conduct rules and enforcement consequences may be stated in the separate Acceptable Use Policy.

16.Intellectual Property and Permitted Report Sharing

16.1The platform, including software, algorithms, models, architecture, interfaces, report structures, trademarks, proprietary methods, trade secrets, and related technology, is owned by the Provider and/or its licensors.
16.2Except for the limited rights expressly granted to the user, no intellectual property rights are transferred.
16.3The user may lawfully share their own report with the athlete, a parent or guardian, a coach, or a club, and may copy it into an external AI service, provided privacy, confidentiality, third-party rights, and the Acceptable Use Policy are respected.
16.4Unless expressly authorized, the user may not resell outputs, sublicense outputs, publish outputs in a misleading manner, use outputs to build competing datasets or systems, mass-harvest outputs, or use outputs in ways that falsely imply endorsement, official status, or platform certification.

17.AI and Analytical Limitations

17.1The Service uses AI-assisted and other automated computational systems.
17.2Outputs are analytical, may be probabilistic, approximate, or incomplete, may vary depending on input quality and processing conditions, and do not constitute objective ground truth or authoritative sporting truth.
17.3AI-generated explanations are intended to explain or contextualize system-generated analytical data. They are not unlimited general-purpose AI chat access.
17.4The Service does not provide refereeing decisions, official competition determinations, official disciplinary or arbitral determinations, personalized coaching instructions, training prescriptions, medical advice, legal advice, or other professional advice.
17.5Outputs are not intended to serve as official evidence in protests, appeals, disciplinary proceedings, arbitration proceedings, or comparable official adjudicative contexts.
17.6Disagreement with an Output, metric state, metric-level evaluation, or interpretation does not by itself establish a Service malfunction.

18.OpenAI Processing and External AI Services

18.1The Service processes uploaded videos in-house for motion extraction, pose estimation, biomechanical computation, report generation, and related analytical functions.
18.2Uploaded videos, images, and extracted frames are not transmitted to OpenAI.
18.3For requested AI explanations, FencingMonitor sends OpenAI API only the textual payload reasonably necessary to generate the response. This may include movement metrics, biomechanical data, the athlete alias supplied by the user, sex, height, and other profile or contextual data supplied by the user.
18.4The combination of an alias, profile information, and biomechanical data may constitute personal data or permit indirect identification in context and is therefore not described as necessarily anonymous.
18.5OpenAI states that API data is not used to train or improve its models by default unless the customer expressly opts in, and that API inputs and outputs may be retained for up to 30 days for service provision and abuse monitoring, subject to endpoint, configuration, legal requirements, and the current OpenAI API data controls.
18.6Users should avoid entering real names or additional personal data in aliases, prompts, or contextual fields unless necessary and lawfully permitted.
18.7A user may voluntarily copy their own report into another external AI service. That separate disclosure is initiated and controlled by the user, who is responsible for the service selected, the data transmitted, and the external service’s terms and privacy practices.
18.8FencingMonitor does not use AI processing for biometric identification, facial recognition, surveillance, advertising profiling, medical diagnosis, sensitive-attribute inference, person-level classification, or legally significant automated decisions.

19.Availability, Maintenance, and Service Changes

19.1The Provider may modify, update, improve, suspend, restrict, or discontinue parts of the Service for legal, security, technical, operational, or product reasons.
19.2The Provider does not guarantee uninterrupted availability.
19.3The Service may be unavailable due to maintenance, infrastructure failure, third-party service interruption, security incidents, or events outside the Provider’s reasonable control.
19.4Where beta or experimental features are made available, they may be subject to different expectations regarding availability, support, and reliability.

20.Data Retention, User Deletion, and Output Access

20.1Personal data is retained only for as long as reasonably necessary for the purposes described in this Policy and for applicable contractual, legal, accounting, tax, evidentiary, security, fraud-prevention, and dispute-resolution requirements.
20.2Account data may be retained while the account remains active and afterward where reasonably necessary for legal compliance, disputes, fraud prevention, security, or enforcement of rights.
20.3FencingMonitor does not currently guarantee automatic deletion of uploaded videos after a fixed number of days. Unless deleted by the user or removed by the Provider, videos may remain stored under the active service configuration.
20.4Users can delete an uploaded video directly from the account interface.
20.5Deleting a video through the account interface deletes the original video and the associated temporary files, extracted frames, BVH files, movement and biomechanical data, metrics, analytical outputs, and generated reports linked to that video.
20.6Independent account, transaction, package-entitlement, accounting, tax, security, anti-fraud, and legally required records may be retained for their applicable purposes, but do not include the deleted video or the analytical data associated with that video.
20.7Data transmitted to OpenAI API is subject to OpenAI’s applicable API data controls and retention practices. FencingMonitor does not represent that its local deletion action can delete data retained independently by OpenAI or Paddle under their respective roles, policies, or legal obligations.

21.Suspension and Termination

21.1The Provider may suspend, restrict, or terminate access if the user violates these Terms or related policies, violates applicable law, infringes the rights of others, creates security, abuse, or fraud risks, or uses the Service in a way that materially threatens platform integrity.
21.2After suspension or termination, the Provider may disable account access, restrict future access, retain data where legally required or reasonably necessary for dispute resolution, fraud prevention, security, or legal compliance, and preserve surviving contractual rights and obligations.
21.3The effects of suspension or termination on unused pack allowances, stored Outputs, or account data may depend on the reason for termination, product configuration, mandatory law, and the Refund Policy or Privacy Policy where relevant.

22.Liability and Mandatory Carve-Outs

22.1The Service is provided within the limits described in these Terms and the specialized documents governing specific subject areas.
22.2To the maximum extent permitted by applicable law, the Provider excludes implied warranties that are not expressly given, including implied warranties of uninterrupted availability, complete accuracy, fitness for a user-selected purpose, unlimited AI generation, unlimited storage, or a universally correct sporting interpretation.
22.3The Provider is not liable for user-side recording deficiencies, disagreement with Outputs, training choices made by users, coaches, or organizations, competition outcomes, indirect or consequential losses where lawfully excludable, or events outside the Provider’s reasonable control.
22.4To the extent permitted by law and except where liability cannot lawfully be excluded or limited, the Provider’s aggregate liability arising out of a specific affected paid service operation shall not exceed the amount paid by the user for that specific operation.
22.5Nothing in these Terms excludes or limits liability for fraud, fraudulent misrepresentation, intentional misconduct, gross negligence where non-excludable, death or personal injury caused by negligence where non-excludable, or any other liability that cannot be excluded or limited under applicable law.

23.Governing Law and Disputes

23.1These Terms are governed by the laws of Romania, except to the extent that mandatory consumer law requires otherwise.
23.2Nothing in these Terms deprives Consumers of mandatory protections granted by the law of their habitual residence where such protections apply.
23.3For Business Users, unless mandatory law requires otherwise, the courts of Romania shall have exclusive jurisdiction over disputes arising out of or in connection with these Terms.
23.4For Consumers, jurisdiction and venue remain subject to applicable mandatory consumer-protection rules.
23.5The Provider encourages users to contact the Provider first in a good-faith attempt to resolve disputes before initiating formal proceedings, without removing any mandatory legal right to seek regulatory, judicial, or alternative remedies.

24.Amendments and Document Hierarchy

24.1The Provider may update these Terms from time to time.
24.2If a change materially affects user rights, obligations, pricing logic, usage allowances, refund logic, service scope, dispute handling, or access conditions, the Provider should provide an appropriate notice mechanism before or when the updated Terms take effect.
24.3The current version of these Terms will be made available through the platform or related legal-document interface.
24.4Continued use of the Service after the effective date of an updated version may constitute acceptance to the extent permitted by applicable law.
24.5If any provision of these Terms is held invalid or unenforceable, the remaining provisions remain in effect to the extent permitted by law.
24.6A failure by the Provider to enforce a provision in a specific instance does not waive the right to enforce it later.
24.7These Terms must be read with the Service Scope and Limitations, Refund Policy, Acceptable Use Policy, AI Disclaimer, Privacy Policy, Cookie Policy, Video Recording Guide, and Products & Pricing.
24.8Where two documents address the same issue, the narrower specialized document prevails within its assigned subject-matter domain, while these Terms remain the general contractual framework.
24.9The English version is the reference version of these Terms to the extent permitted by applicable law. Translations are provided for convenience and accessibility, without limiting mandatory consumer rights.

25.Contact

25.1M2M TECHNOLOGY EQUIPMENT SRL.
25.2Address: No. 16 Teiului Street, First Floor, Room 1, Domnești, Ilfov County, Romania.
25.3Contact: office@fencingmonitor.com.
25.4Support: office@fencingmonitor.eu.