Terms of Service

Elite Rugby App is a trading name of BPM Performance Zone Limited, a company incorporated in New Zealand (NZBN 9429051799557), based in Christchurch, New Zealand. Version 2.0. Contact: help@eliterugbyapp.com.

These terms are a contract between you and BPM Performance Zone Limited, trading as Elite Rugby App (“ERA”, “we”, “us”). They cover the eliterugbyapp.com website, the Elite Rugby App mobile app, your account pages, EliteClass purchases, our rewards and referral programme, and the free tools we publish. By creating an account, starting a trial, buying anything from us, or using the app, you agree to them. If you do not agree, please do not use Elite Rugby App.

These related documents are part of these terms and you should read them too: our Privacy Policy, our Health & Safety Notice, and our Rewards & Referral Terms. If you buy access for a club, school or team, the Team, Club & School Terms also apply. If you are a coaching or affiliate partner, the Partner Programme Terms also apply. If anything in a related document conflicts with these terms, the related document wins for the thing it covers.

1. Who we are

BPM Performance Zone Limited is a company incorporated in New Zealand (NZBN 9429051799557). We trade as Elite Rugby App. We are based in Christchurch, New Zealand. You can contact us at help@eliterugbyapp.com. Our registered office address is recorded on the New Zealand Companies Register and we will give it to you on request.

2. Who can use Elite Rugby App

• 16 and over. You can create your own account and buy a subscription if you are 16 or older.
• 13 to 15. A parent or legal guardian must create and hold the account, agree to these terms, and supervise how it is used. The parent or guardian is responsible for the account.
• Under 13. You cannot hold your own Elite Rugby App account. Players under 13 can only use Elite Rugby App through a club, school or academy team account, where the club or school has the consent of a parent or guardian. See section 20 and our Team, Club & School Terms.
• Team members. If a club or school added you to a team, your account was created for you. These terms still apply to how you use the app. Your club or school is responsible for the things the Team Terms say it is responsible for.

If we learn that an account belongs to someone below the minimum age for it, we may close it and delete the personal information we hold, as described in our Privacy Policy. A parent or guardian can contact us at any time about a child’s account.

You must also have the legal capacity to enter a contract where you live, and you must not be someone we are prohibited from dealing with under sanctions law (section 33).

3. Your account

• One account is for one person. Do not share your login, and do not use anyone else’s.
• Keep your password safe. Passwords must be at least 8 characters. You can also sign in with a one-time code we email you, or with a passkey (Face ID, Touch ID, a fingerprint or a device PIN).
• Your website login and your mobile app login are the same. Setting or resetting your password on one changes it on both.
• Tell us straight away at help@eliterugbyapp.com if you think someone else has used your account. Sign out on shared devices.
• You are responsible for what happens on your account, except where we or someone acting for us changed your login details, or where you told us about unauthorised use and we did not act on it.
• Keep your email address current. It is how we send receipts, reminders and legal notices.
• Our support team can reset your password or correct your email address to help you. They cannot see your password.

4. The mobile app

The Elite Rugby App mobile app is built and hosted for us by a specialist app platform provider under contract. When you subscribe, we create your app account for you, which is why you are not asked to sign up again inside the app. The provider holds your app login and your training activity in its own systems as well as ours, and it may email you directly for app account matters such as a password reset code. Our Privacy Policy names the provider and explains what it receives.

• The app is distributed through the Apple App Store and Google Play. Their terms also apply to the download and to your device.
• Subscriptions and EliteClasses are bought on our website, not through in-app purchase. Apple and Google do not bill you for Elite Rugby App.
• We license the app to you, not Apple. The licence covers use on devices you own or control that run the store’s operating system. Apple has no obligation to maintain or support the app, and Apple is not responsible for any product warranty or claim relating to it. Apple and its subsidiaries are third-party beneficiaries of this section and may enforce it against you.
• You must comply with any third-party terms that apply when you use the app, for example your mobile data provider’s terms.

5. What you get

Elite Rugby App gives you rugby coaching, strength and conditioning, nutrition and recovery content, programmes, classes and tools, for your own personal, non-commercial use. We add, update and remove content over time. Coaches and partners join and leave. We do not promise that any particular coach, class, programme or feature will stay available for the whole of your subscription. If we remove something you have specifically paid for as a one-off purchase, section 13 says what happens.

We aim to keep the service available at all times, but we cannot promise it will never be interrupted. Maintenance, updates, our providers and things outside our control can affect availability.

6. Free trial

• Our standard monthly and yearly plans include a 7-day free trial. The exact trial length for any plan is shown on the payment page. Promotional or event plans may have a shorter trial or none.
• You add a payment method to start the trial. Nothing is charged during the trial. At the end of the trial your card is charged the plan price shown at checkout, unless you cancel first.
• We email you before your trial ends to remind you of the date and the amount.
• You can cancel at any time during the trial, online from your account, at no cost.
• One free trial per person. If you have subscribed before, you will not get another trial and your card is charged on the day you resubscribe. If you hold banked reward months from our referral programme, they are applied as free time instead of a trial, as set out in the Rewards & Referral Terms.
• Apple Pay and Google Pay: your bank may show a temporary authorisation hold for the plan amount while your card is verified. It is not a charge and is released within a few days.

7. Subscriptions and billing

• Automatic renewal. Your subscription renews automatically at the end of each billing period (monthly or yearly) until you cancel. You authorise us, through our payment provider, to charge your saved payment method for each period.
• Price and currency. The price and the currency you will be charged in are stated on the payment page and in the line above the payment button. Our standard prices are USD $24.99 per month and USD $179.99 per year. Prices shown elsewhere on the site in another currency are approximate conversions for guidance. Unless the payment page says otherwise, your card is charged in US dollars and your bank sets the exchange rate and may add a foreign transaction fee. The currency your subscription starts in stays the same for the life of that subscription.
• Tax. The price shown is the total we charge you. Where a goods and services tax, value added tax or sales tax applies to your purchase, it is included in that price unless the payment page says otherwise. If you buy for a business, you are responsible for any tax that arises for you.
• Confirmation and receipts. We email you when you start, when you are charged, when your plan changes, and when you cancel.
• Reminders. If you are on a yearly plan we email you at least 7 days before each annual charge with the date and the amount. You can see your next billing date at any time in your account.
• Keep your card current. If your payment fails, we and our payment provider retry the card for up to 14 days and email you. Your access may be paused from the first failed payment and is restored as soon as a payment succeeds. If we cannot collect payment within the retry period we may cancel the subscription. Our payment provider may use card updater services to refresh expired card details.
• Billing problems. Tell us about a billing problem as soon as you can and in any case within 60 days of the charge, so we can investigate and fix it. Please talk to us before disputing a charge with your bank; a bank dispute is slower for you and can lead to your account being suspended while it is investigated (section 21).

8. Price changes

We may change our prices. If a change affects a subscription you already hold, we will email you at least 30 days before it takes effect, telling you the old price, the new price and the date it starts. The new price applies from your next billing period after that date. If you do not agree, cancel before the new price takes effect and you will not be charged it. Continuing after the date means you accept the new price.

9. Changing plans

You can switch between monthly and yearly from your account. The new plan and price start at the end of the period you have already paid for (or at the end of your trial). Nothing is refunded or charged part-way through a period. Your billing currency does not change.

10. Cancelling

• You can cancel online, at any time, from your account. There is no phone call, no notice period and no cancellation fee.
• Cancelling stops future charges. Your access continues to the end of the period you have paid for, or to the end of your trial. We email you a confirmation with the end date.
• You can change your mind and undo a scheduled cancellation from your account at any time before the end date. Once the end date has passed you will need to subscribe again.
• If your payment has already failed when you cancel, the cancellation takes effect immediately and your access ends then.
• We do not refund the unused part of a period when you cancel, except where the law gives you that right (section 11) or where section 12 says we will.
• Rewards. Clicking cancel forfeits any loyalty class credits you have earned but not yet claimed, and resets your loyalty clock. Classes you have already unlocked stay yours. Referral, mission and gift credits are not forfeited by cancelling. The cancel screen repeats this before you confirm. Full rules are in the Rewards & Referral Terms.
• We may show you an offer to stay when you cancel. The cancel button stays available on the same screen and one click completes the cancellation. Residents of Minnesota are not shown any offer unless they ask to see one.

11. Cooling-off rights

If you live in the United Kingdom or the European Union you have 14 days from the day you start a subscription to change your mind, for any reason. Because the first 7 days of a standard plan are a free trial, cancelling during the trial costs you nothing. If your first payment has been taken and you cancel within the 14 days, we refund you in proportion to the days you did not use. Because we start supplying the service straight away at your request, you pay for the days you had it.

For a one-off EliteClass, when you buy you ask us to give you access immediately and you acknowledge that once you start watching, your 14-day right to cancel is lost. If you have not started the class you can cancel within 14 days for a full refund.

If you live somewhere else with a similar legal right to cancel, we honour it in the same way. Nothing in this section reduces any right the law gives you.

12. Refunds

Your rights under the consumer law of your country come first (section 25). In addition, this is our refund policy:

• Mistakes. If we charge you in error, charge you twice, or charge you after you cancelled, we refund the full amount.
• Faults. If the service is not working as described and we cannot fix it within a reasonable time, we refund the affected period.
• Change of mind. Outside the cooling-off rights in section 11, subscription payments are not refunded for change of mind. You can cancel so that no further charge is taken, and you keep access to the end of the period.
• EliteClasses. One-off class purchases are not refunded for change of mind once you have started the class. See sections 11 and 13.
• Goodwill refunds. We may, at our discretion, refund or credit some or all of a payment as a goodwill gesture. A goodwill refund may be reduced by the payment processing cost we cannot recover. We never reduce a refund that the law requires us to make. Giving a goodwill refund or credit once does not oblige us to give one again.
• How refunds are paid. Refunds go back to the payment method you used. Your bank may take 5 to 10 business days to show it.
• Rewards and commissions. If a payment is refunded or reversed, any reward it earned (yours or someone else’s) and any partner commission it generated are reversed too.
• Abuse. Refunds are not available to accounts that have breached these terms. If we reasonably decide someone is abusing our refund policy, for example by repeatedly subscribing, requesting a refund and resubscribing, we may close the account and refuse further purchases.

13. EliteClasses (one-off purchases)

• An EliteClass is a single class or content set from one coach that you buy once, for one price, on top of your subscription. It does not renew.
• You need an active Elite Rugby App subscription (including a trial) to buy an EliteClass and to watch it. A coach cannot buy their own class.
• When you buy, the price shown is charged to the payment method on your account. You cannot buy the same class twice.
• Your purchase is a personal, non-transferable licence to stream the class inside Elite Rugby App as often as you like. You cannot download it outside the app’s own tools, record it, share it or show it to others.
• A class you have bought stays on your account. You can watch it while your subscription is active. If your subscription ends, the class is not visible in the app until you subscribe again, and it returns without you paying for it again.
• If a coach leaves Elite Rugby App or a class is withdrawn from sale, people who already bought it keep their access. New purchases stop.
• If we ever permanently withdraw a class you bought so that you can no longer watch it while subscribed, we will offer you a replacement class of equal value or a refund of what you paid for it.
• Free classes you unlock with reward credits are covered by the Rewards & Referral Terms.

14. Rewards and referrals

Our referral, loyalty and mission rewards are governed by the Rewards & Referral Terms, which are part of these terms. In short: rewards are free EliteClass credits and, in some cases, free time on your subscription. They have no cash value, cannot be sold or transferred, are provisional until the payment behind them is final, and can be withdrawn if the programme is abused. We can change or end the programme for the future on notice. Credits already earned are honoured as those terms describe.

15. Content and intellectual property

Everything on Elite Rugby App, including videos, classes, programmes, drills, articles, PDFs, graphics, software and the Elite Rugby App and EliteClass names and logos, is owned by us or by the coaches and partners who license it to us. It is protected by copyright, trademark and other laws.

We give you a limited, personal, non-exclusive, non-transferable, revocable licence to stream and view content inside the website and the app for your own personal, non-commercial use while your account is in good standing. You must not:

• download (other than through features we provide), copy, record, screen-capture, re-upload, sell, rent, share or redistribute any content;
• show content to a group, team or class as part of coaching you charge for, unless you hold a team licence that says you may;
• remove or alter any copyright or trademark notice;
• scrape, crawl, mirror or extract content or data by automated means;
• use any content or data to develop, train, fine-tune, evaluate or improve any machine learning model, large language model or artificial intelligence system. Doing so is a material breach of these terms and a knowing and wilful infringement of our rights and our partners’ rights;
• reverse engineer, decompile or try to extract the source code of the website or the app.

Some coaching videos are hosted for us on YouTube as unlisted videos on our own channel so they can play inside the app. Because we use YouTube API Services, you also agree to the YouTube Terms of Service, and Google’s use of any data it receives is governed by the Google Privacy Policy. We explain what we store, and how to revoke access, in our Privacy Policy.

If you break this section we may end your licence and your account without refund, and we may take legal action.

16. What you upload or send us

• You keep ownership of anything you upload or send us, including messages in the in-app chat, files, videos, team lists and feedback.
• You give us a worldwide, royalty-free licence to host, store, copy, transcode, display and process that content so we can run the service, support you, and keep records. We do not use your content in marketing without your separate permission.
• You confirm you have the right to share it, including the permission of anyone who appears in it. Where a person appearing in it is under 18, you confirm a parent or guardian has agreed.
• Feedback and suggestions may be used by us freely, with no obligation to you.
• We may remove content that breaks these terms or the law, and we may keep copies where the law requires or to defend a legal claim.
• Coaching and affiliate partners who upload content for publication are covered by the Partner Programme Terms.

17. Acceptable use

When using Elite Rugby App you must not:

• share, sell or lend your account, or use someone else’s;
• upload or send anything unlawful, abusive, harassing, threatening, defamatory, obscene, hateful, or that infringes someone else’s rights;
• send spam, chain messages or unauthorised advertising;
• impersonate anyone, or misrepresent who you are or who you are connected to;
• ask anyone under 18 for personal information, or contact a young player other than through your club or school’s own arrangements;
• collect other users’ details;
• upload malware or interfere with the service, its networks or its security;
• use the referral or rewards programme in ways the Rewards & Referral Terms prohibit, such as referring yourself or using several accounts;
• use the service for anything commercial except as we have agreed in writing.

Our in-app support chat is between you and our team. Treat it with the same respect you would in person. If you think a communication on our service is harmful, tell us and we will look into it.

18. Health, safety and training risk

• Elite Rugby App provides rugby coaching, strength and conditioning, nutrition and recovery information. It is general information for a general audience. It is not medical advice, physiotherapy, diagnosis or treatment, and it is not a substitute for a doctor, physiotherapist or dietitian who knows you.
• Rugby is a contact sport and strength training is physical. Training carries an inherent risk of injury, including muscle and joint injury, fractures, back and neck injury, concussion and, rarely, serious or life-threatening events.
• Talk to a doctor before you start or change a programme, especially if you have an injury, a medical condition, are pregnant, or are recovering from a head knock. If you feel pain, dizziness, chest discomfort, shortness of breath or anything that does not feel right, stop and seek medical advice.
• You decide what to do with the information we provide. To the extent the law allows, you take part in training activity, including following a programme, class, plan or recommendation from us or a coach on our platform, at your own risk and you are responsible for training safely, using suitable equipment and space, and progressing at a level right for you.
• If you are a parent, guardian, coach or club supervising a player under 18, you are responsible for choosing age-appropriate content and for supervision. Our adult programming is not written for growing athletes.
• Nothing in this section excludes or limits liability that the law does not allow us to exclude or limit, including liability for death or personal injury caused by our negligence where your law prohibits excluding it (see section 27).

19. Coaches, partners and results

• Many classes and programmes are created by independent professional players and coaches. They are content contributors and partners, not our employees, and they are not giving you individual coaching advice.
• Using their content does not create any relationship between you and them, their club, school or union. It is not selection, enrolment, trial or endorsement, and it does not entitle you to their time, facilities or services.
• We do not guarantee any result. Performance, fitness, body composition, selection and contracts depend on you and on many things outside our control. Testimonials on our site are individual members’ own experiences and are not a promise of what you will achieve.

20. Teams, clubs and schools

Clubs, schools and academies buy access for their squads under our Team, Club & School Terms. Team access is invoiced to the organisation, runs for a fixed term with an end date, and is not an automatically renewing card subscription. When the term ends, every member of that roster loses app access unless the organisation renews.

If you are a player or coach on a team roster: your club or school supplied your name and email to us; your coaching staff and club administrator can see whether you have used the app and how much training you have logged; you will not receive marketing from us; and you can ask your club or us to remove you from the roster at any time. Details are in the Privacy Policy.

21. Automated checks, suspension and closing accounts

Automated checks. We use automated checks to protect the service against payment fraud and reward abuse. They look at signals such as the payment card identifier our payment provider gives us (so we can see when one card is paying for an unusual number of separate accounts), payment disputes, and reversed referral rewards. Each subscription is for one person. More than one member of a household may pay with the same card, but if we see an unusual number of separate accounts on one card, or repeated disputes or reward reversals, an account may be suspended automatically. More than one account may be suspended where the same payment method or person appears to be behind them.

What suspension means. A suspended account’s subscription ends immediately, its app access ends, and it cannot buy or subscribe again while suspended. You will see a notice when you sign in explaining that the account is suspended and how to ask for a review.

Human review. You can ask a person to review any suspension by emailing help@eliterugbyapp.com. We respond within 2 business days. If your account was suspended because of activity on another account, or because your card was used without your knowledge, tell us and we review your account on its own facts. If the review finds the suspension was wrong, we restore your account and refund any paid time you lost. If we are satisfied that fraud or abuse occurred, we may keep amounts already paid for the current billing period and refuse future purchases.

Closing your account. You can stop using Elite Rugby App at any time by cancelling. You can also ask us to delete your account; the Privacy Policy explains what we delete and what we must keep.

When we may close or suspend your account.

• Immediately, without refund, for fraud or attempted fraud, chargeback abuse, sharing or reselling access, infringing our or our partners’ intellectual property, scraping or AI training, a child-safety breach, or a serious breach of the acceptable use rules.
• On reasonable notice, for any other breach of these terms that you do not fix after we tell you about it, or for non-payment.
• On at least 30 days’ notice, if we decide to withdraw the service or your plan. In that case we refund any prepaid time you have not used.

When an account is suspended or closed, unclaimed reward credits are handled as the Rewards & Referral Terms describe, and your information is handled as the Privacy Policy describes. If your account is closed for fraud, your access to the mobile app ends immediately and the app account may not be recoverable in its original form.

22. Messages we send you

• Service messages (sign-in codes, receipts, trial and renewal reminders, price change notices, payment failure notices, cancellation confirmations, security and legal notices) are part of running your account. You cannot opt out of them while your account is open.
• Marketing messages tell you about features, classes, rewards and offers. Every marketing email carries an unsubscribe link. Unsubscribing takes effect within 24 hours and also stops the automated in-app messages described below. It does not stop service messages.
• Automated in-app messages. During your first weeks as a member you receive a series of messages in the in-app chat. They are written in advance by our team, in our founder’s words, and sent automatically at set points based on how long you have been a member and what you have done in the app. When you reply, a real person reads it and answers. To stop these messages, use the unsubscribe link in any of our emails or email us.
• We never sell your contact details, and we only send you messages in line with our Privacy Policy.

23. How we use AI

• Our team uses artificial intelligence tools to help draft replies, summarise conversations and meeting notes, read documents that clubs send us (such as squad lists), and suggest where to focus. A person reads, edits and sends every message to you. Nothing is sent to you by an AI on its own.
• No AI decides whether you get access, what you pay, whether you are refunded, or whether your account is suspended. Those are rules applied by our systems and our people, as described in section 21.
• The automated in-app messages in section 22 are pre-written by people, not generated by AI.
• We do not offer a chatbot. If we ever let you talk directly with an AI system, we will tell you clearly before or at the first message.
• Coaching partners may use an AI tool we provide to draft titles and descriptions for their own uploads. Those drafts are suggestions only and the partner remains responsible for what they publish.
• AI output used anywhere on our service is informational only and is not medical, nutritional, fitness or other professional advice.

24. Privacy

Our Privacy Policy explains what personal information we collect, why, who we share it with, how long we keep it, and your rights. It is part of these terms.

25. Rights we cannot take away

New Zealand. If you are a consumer in New Zealand, the Consumer Guarantees Act 1993 and the Fair Trading Act 1986 give you rights that we cannot exclude, restrict or change. Nothing in these terms limits those rights. If anything in these terms conflicts with them, those laws win. Our services will be carried out with reasonable care and skill, will be fit for any particular purpose you told us about before you signed up, and will be supplied within a reasonable time.

Australia. Our services come with guarantees that cannot be excluded under the Australian Consumer Law. For major failures with the service, you are entitled to cancel your contract with us and to a refund for the unused portion, or to compensation for its reduced value. You are also entitled to be compensated for any other reasonably foreseeable loss or damage. If the failure does not amount to a major failure, you are entitled to have problems with the service rectified in a reasonable time and, if this is not done, to cancel your contract and obtain a refund for the unused portion of the contract.

United Kingdom and European Union. Digital content and services we supply will be of satisfactory quality, fit for purpose, as described, and kept working with the updates needed for that. If they are not, you are entitled to a repair, a replacement, a price reduction or a refund as the law provides. Nothing here removes any protection the consumer law of your country gives you.

Everywhere. Nothing in these terms excludes, restricts or modifies any consumer guarantee, warranty or right that cannot lawfully be excluded under the law of the country or state where you live. Where a limitation in these terms is not enforceable where you live, it does not apply to you.

Business customers. If you acquire our services in trade (for example a club, school, academy or coaching business), you agree that the services are supplied and acquired in trade, that the consumer guarantees in the New Zealand Consumer Guarantees Act 1993 and sections 9, 12A and 13 of the Fair Trading Act 1986 do not apply, and that it is fair and reasonable for you to be bound by this. Similar business carve-outs apply where the law of your country allows them.

26. What we promise and what we do not

We promise to provide the service with reasonable care and skill and as described on our website at the time you buy. Beyond that, and beyond the rights in section 25, the service and its content are provided as they are and as available. We do not promise that the service will meet your particular requirements, be uninterrupted, timely, secure or error-free, that content will always be accurate, complete or current, or that you will achieve any particular result. Third-party services we rely on, including the app platform provider, app stores, payment providers and video hosts, are governed by their own terms and we do not control them.

27. Our responsibility to you

What we never exclude. Nothing in these terms excludes or limits our liability for death or personal injury caused by our negligence where the law of your country prohibits excluding it, for fraud or fraudulent misrepresentation, for our wilful misconduct, or for anything else that the law does not allow us to exclude or limit. Nothing in these terms limits your rights under section 25.

What we exclude. Subject to the paragraph above, we are not liable to you for indirect, incidental, special or consequential loss, or for loss of profit, revenue, business, opportunity, goodwill, anticipated savings or data, however it arises.

Our cap. Subject to the first paragraph of this section, our total liability to you for all claims arising out of or connected with Elite Rugby App in any 12-month period is limited to the greater of (a) the amount you paid us in the 12 months before the event giving rise to the claim, and (b) USD $100. For lost or corrupted data, our responsibility is limited to taking reasonable steps to restore it from our backups.

Australian residents: recreational services. This paragraph applies only if you are in Australia and only to the extent the Competition and Consumer Act 2010 (Cth) permits. To the extent our services are recreational services, we exclude liability for the consumer guarantees in Subdivision B of Division 1 of Part 3-2 of the Australian Consumer Law so far as they relate to death, physical or mental injury, or the contraction, aggravation or acceleration of a disease, arising from your participation in training activity. This exclusion does not apply to significant personal injury caused by our reckless conduct, and it does not affect any other right you have.

New Jersey residents. If you are a New Jersey resident, the limitations of liability, disclaimers of warranty, indemnity and dispute resolution provisions in these terms apply to you only to the extent New Jersey law permits, and any provision that New Jersey law does not permit does not apply to you.

28. Your responsibility to us

You agree to compensate us for loss, damage and reasonable costs we suffer because of your breach of these terms, content you uploaded or sent us, your infringement of someone else’s rights, or your unlawful use of the service. This does not apply to consumers where the law of your country does not permit it, and it never applies to loss caused by our own negligence or breach.

29. Sorting out problems

• Talk to us first. Email help@eliterugbyapp.com with your account email, what happened and what you would like us to do. We aim to reply within one business day and to resolve billing complaints within 10 business days.
• Informal resolution. Before either of us starts formal proceedings, we each agree to try in good faith to resolve the dispute informally for 60 days after one of us gives the other written notice describing it. Time limits are paused during that period.
• Consumer bodies. You can also contact a consumer protection body where you live. In New Zealand that includes the Commerce Commission and the Disputes Tribunal; in the United Kingdom, Citizens Advice; in the European Union, the European Consumer Centre in your country; in Australia, your state or territory fair trading office or the ACCC.
• Courts. If we cannot resolve it, section 30 says which law applies and where a claim can be brought. Residents of the United States: see section 31.

30. Governing law

These terms are governed by the laws of New Zealand, and the New Zealand courts have non-exclusive jurisdiction. If you are a consumer living in another country, this choice does not take away the protection given to you by the consumer law of the country where you live, and you may bring a claim in the courts of that country. Nothing in these terms requires you to bring a claim outside your own country of residence.

31. Extra terms for United States residents

This section applies only if you live in the United States.

• Automatic renewal. Before you pay we show you, next to the payment button, that the subscription renews automatically, the amount and frequency of the charge, the date your trial ends and the first charge is taken, and how to cancel. We email you a confirmation you can keep, a reminder before a free trial converts, a reminder before each annual charge, and notice of any price change. You can cancel online at any time from your account.
• New York residents. If we raise your price, you may cancel within 14 days of your first charge at the higher price and we will refund the unused portion on a pro rata basis.
• California residents. Under California Civil Code section 1789.3, you may contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento, California 95834, or by telephone at (800) 952-5210.
• Dispute resolution and arbitration. You and we agree that any dispute or claim between us relating to Elite Rugby App that we cannot resolve informally under section 29 will be resolved by binding individual arbitration administered by the American Arbitration Association under its Consumer Arbitration Rules, rather than in court, except that either of us may bring an individual claim in small claims court, and either of us may seek injunctive relief in court to protect intellectual property. The Federal Arbitration Act governs this section. The arbitrator decides all issues except that a court decides whether this section is enforceable. Arbitration may take place by video or in the county where you live. If the arbitration rules would require you to pay filing fees greater than those of a court, we pay the difference.
• Class action waiver. You and we agree that each may bring claims against the other only in an individual capacity, and not as a plaintiff or class member in any purported class, collective or representative proceeding. If this class action waiver is found unenforceable for a particular claim, then this entire arbitration section does not apply to that claim.
• 30-day opt-out. You may opt out of arbitration by emailing help@eliterugbyapp.com within 30 days of first accepting these terms, with the subject line “Arbitration opt-out”, your name and your account email. Opting out does not affect any other part of these terms.
• Nothing here limits any consumer protection right under the law of your state that cannot be waived.

32. Changes to these terms

We may change these terms. When we do, we publish the new version here with a new version number and date, and we keep earlier versions available on request. If a change materially affects your rights or what you pay, we email you at the address on your account at least 30 days before it takes effect and show you a notice in the app. If you do not accept a material change, you can cancel before it takes effect and you will not be charged again. Changes needed for legal reasons, for security, or to describe a new feature may take effect sooner. Using Elite Rugby App after a change takes effect means you accept it.

33. Sanctions and restricted use

We are a New Zealand company and comply with New Zealand sanctions law, including the Russia Sanctions Act 2022 and United Nations sanctions regulations, and with the sanctions rules that apply to our payment providers. You confirm you are not on a sanctions list and are not in a country or territory subject to comprehensive sanctions. We may refuse, suspend or end service where providing it would breach sanctions law.

34. General

• Notices. We send notices to the email address on your account and, for some notices, inside the app. You send notices to help@eliterugbyapp.com.
• Electronic acceptance. Clicking a button that says you agree, or ticking a box, has the same legal effect as signing. A printed copy of these terms and of any electronic notice is admissible in proceedings.
• Assignment. We may transfer our rights and obligations under these terms to another company if we sell or reorganise our business, and we will tell you if we do. You may not transfer yours without our written consent, which we will not unreasonably withhold.
• Whole agreement. These terms and the documents they refer to are the whole agreement between you and us for Elite Rugby App. They replace any earlier terms.
• Severability. If any part of these terms is found invalid or unenforceable, the rest continues to apply.
• No waiver. If we do not enforce a right straight away, we can still enforce it later.
• Events outside our control. We are not responsible for delay or failure caused by events outside our reasonable control, such as internet or provider outages, natural events, war, strikes or government action. If such an event stops us providing the service for more than 30 days, either of us may cancel and we refund any unused prepaid time.
• Language. These terms are written in English. If we provide a translation, the English version governs.

35. Copyright complaints

We respect intellectual property and expect our members and partners to do the same. If you believe content on Elite Rugby App infringes your copyright, email help@eliterugbyapp.com with the subject line “Copyright complaint” and include:

1. your name, address, email address and, if you act for someone else, who you act for;
2. a description of the copyrighted work you say has been infringed;
3. where the material is on our service (a link or an exact description);
4. a statement that you believe in good faith that the use is not authorised by the owner, its agent or the law;
5. a statement that the information in your notice is accurate and, under penalty of perjury where that applies, that you are the owner or authorised to act for the owner;
6. your physical or electronic signature.

We act expeditiously on valid notices, tell the person who posted the material and give them a chance to respond, and close the accounts of repeat infringers. This process is available under the New Zealand Copyright Act 1994, the United States Digital Millennium Copyright Act and the European Union Digital Services Act. Knowingly sending a false notice may make you liable for costs and damages.