Terms of service
Last updated: 31 January, 2024
1. Introduction; Your Agreement to these Terms of Service.
PLEASE READ THESE TERMS OF SERVICE CAREFULLY. THIS IS A BINDING CONTRACT. Welcome to the services operated by The Residency Sports Ltd (collectively with its affiliates, “The Residency” or “We”) consisting of the website available at https://www.theresidency.io, and its network of websites, mobile applications, software applications, and any other products or services offered by The Residency (the “The Residency Services”). Other services offered by The Residency may be subject to separate terms.
When using The Residency Services, you will be subject to The Residency’s Community Guidelines and additional guidelines or rules that are posted on The Residency Services, made available to you, or disclosed to you in connection with specific services and features you may be offered. The Residency may also offer certain paid services, which are subject to The Residency Terms of Sale as well as any additional terms or conditions that are disclosed to you in connection with such services. All such terms and guidelines (the “Guidelines”) are incorporated into these Terms of Service by reference.
The Terms of Service apply whether you are a user that registers an account with The Residency Services or an unregistered user. You agree that by clicking “Sign Up” or otherwise registering, downloading, accessing, or using The Residency Services, you are entering into a legally binding agreement between you and The Residency regarding your use of The Residency Services. You acknowledge that you have read, understood, and agree to be bound by these Terms of Service. If you do not agree to these Terms of Service, do not access or otherwise use any of The Residency Services.
When using The Residency or opening an account with The Residency on behalf of a company, entity, or organisation (collectively, “Subscribing Organization”), you represent and warrant that you: (i) are an authorised representative of that Subscribing Organization with the authority to bind that organisation to these Terms of Service and grant the licences set forth herein; and (ii) agree to these Terms of Service on behalf of such Subscribing Organization.
We may update these Terms from time to time. Please check this page regularly for updates.
We may modify this Agreement and the Service at any time. We may do this for various reasons, including reflecting changes in the law or its requirements, new features, or changes in business practices. The most recent version of this Agreement will be posted in the Service Settings section and on theresidency.io, and we suggest you regularly review the most recent version. The most recent version is the one that applies. If the changes include material changes that affect your rights or obligations, we will notify you at least 30 days in advance of such changes (unless we are unable to do so in accordance with applicable law) by reasonable means, which may include notifications through the Service or by email. Using the Service after the changes take effect constitutes acceptance of the revised Agreement.
3. Use of The Residency by Minors and Blocked Persons.
The Residency services are also not accessible to users who have already been excluded from The Residency services by The Residency, or to any person who is prohibited from receiving them under the laws of the Switzerland (such as its export and re-export restrictions and regulations) or any other applicable law in any other jurisdiction.
4. Your Account.
To use The Residency, you can log in in many ways. You are responsible for maintaining the confidentiality of the login credentials you use to register on The Residency, and you are solely responsible for all activities that occur under these credentials. If you believe that someone has accessed your account, please contact us immediately.
5. Modification of the Service and Termination.
The Residency strives to continuously improve the Service and bring you additional features that you will find interesting and useful. This means that we may add new product features or enhancements at any time, and we may also remove some features. In cases where such actions do not materially affect your rights or obligations, we may not notify you before implementing them. We may even suspend the Service entirely, in which case we will notify you in advance unless mitigating circumstances, such as safety or security issues, prevent us from doing so.
The easiest way to terminate your account is to follow the instructions in the "Settings" section of the Service. Of course, you also have other options. However, if you use a third-party payment account such as Apple's App Store or iTunes Store, as the case may be ("App Store"), or Google Play Store, you will need to manage in-app purchases through that account to avoid additional billing. The Residency may terminate your account at any time and without notice if we believe you have violated this Agreement. After such termination, you will not be entitled to any refund for your purchases.
After termination of your account, this Agreement will be terminated.
7. Rights The Residency grants you.
The Residency grants you a personal, worldwide, royalty-free, non-assignable, non-exclusive, revocable, and non-sublicensable licence to access and use the Service. This licence is intended solely to allow you to use and enjoy the benefits of the Services provided by The Residency and authorised by this Agreement. This licence and any authorization to access the Service will be automatically revoked if you do any of the following:
- Use the Service or any content of the Service for any commercial purposes without our written consent.
- Copy, modify, transmit, create any derivative work, use or reproduce in any manner any copyrighted material, any image, trademark, trade name, service mark, or any other intellectual property, content, or proprietary information accessible through the Service without the prior written consent of The Residency.
- Express or imply that any of your statements are endorsed by The Residency.
- Use any robot, spider, site search/retrieval application, proxy or other manual or automatic device, method or process to access, retrieve, index, data mine, or in any way reproduce or circumvent the navigational structure or presentation of the Service or its contents.
- Use the Service in a manner that could interfere with, disrupt, negatively affect or inhibit other users from fully enjoying the Service, or that could damage, disable, overburden or impair the functioning of the Service in any manner.
- Upload viruses or other malicious code or otherwise compromise the security of the Service.
- Forge headers or otherwise manipulate identifiers in order to disguise the origin of any information transmitted on or through the Service.
- Copy or reproduce any part of the Service without the prior written permission of The Residency.
- Use meta tags or code or other devices containing any reference to The Residency or the Service (or any trademark, trade name, service mark, logo or slogan of The Residency) to direct any person to any other website for any purpose.
- Modify, adapt, sublicense, translate, sell, reverse engineer, decipher, decompile or otherwise disassemble any portion of the Service, or cause others to do so.
- Use or develop any application that interacts with the Service or other users' Content or information without our written consent.
- Use, access, or publish the The Residency application programming interface without our written consent.
- Probe, scan or test the vulnerability of our Service or any system or network.
Encourage or promote any activity that violates this Agreement.
- The Residency may investigate and take any available legal action in response to illegal and/or unauthorised uses of the Service, including termination of your account.
Any software that we provide you may automatically download and install upgrades, updates, or other new features. You may adjust these automatic downloads through your device's settings.
8. The Rights You Grant to The Residency.
By creating an account, you grant to The Residency a worldwide, transferable, sublicensable, royalty-free licence, and the right to host, store, use, copy, display, reproduce, adapt, modify, publish, and distribute all the information to which you allow us to access from third parties like Google, as well as the information you post, upload, display or make available (collectively, “Posting”) on the Service or transmit to other users (collectively, “Content”). The Residency's licence to your Content is non-exclusive except for derivative works created through the use of the Service, for which The Residency's licence shall be exclusive. For example, in the case of screenshots of the Service containing your Content, The Residency's licence will be exclusive. Furthermore, to enable The Residency to prevent the use of your Content outside of the Service, you authorise The Residency to act on your behalf in case of unauthorised use of your Content taken from the Service by other users or third parties. This expressly includes the power, but not the obligation, to send notices pursuant to 17 U.S.C. § 512(c)(3) (i.e., DMCA takedown notices) on your behalf if your Content is taken from the Service and used by third parties outside of it. Our licence to your Content is governed by your rights under applicable laws (for example, data protection laws to the extent the Content contains personal information as defined by those laws) and exists only for the limited purpose of operating, providing, managing, and improving the Service, as well as for researching and developing other services. You agree that any Content you place or that you allow us to place on the Service may be viewed by other users and by any person visiting or participating in the Service (such as individuals who may receive shared Content from other The Residency users).
You agree that all information you submit upon creation of your account, is accurate and truthful and that you have the right to post the Content on the Service and to grant The Residency the above-mentioned licence.
You understand and agree that we may monitor or review any Content you post as part of a Service. We may delete any Content, in whole or in part, that in our sole judgement violates this Agreement or may harm the reputation of the Service.
In all your communications with our customer service representatives, you agree to be respectful and kind. If we feel that your behaviour towards any of our customer service representatives or other employees is at any time threatening, harassing, or abusive, we reserve the right to immediately terminate your account.
In consideration for The Residency granting you access to and use of the Service, you agree that we, our affiliates, and our third-party partners may place advertising on the Service. By submitting suggestions or feedback to The Residency about our Services, you agree that The Residency may use and share such feedback for any purpose without compensating you.
Please note that The Residency may access, store, and disclose your account information and Content if required to do so by law, in connection with this Agreement, or if we believe in good faith that such access, storage, or disclosure is reasonably necessary to: (i) comply with a legal process; (ii) enforce this Agreement; (iii) respond to claims that any Content violates the rights of third parties; (iv) respond to your requests for customer service; or (v) protect the rights, property, or personal safety of the Company or any other person.
9. Community Rules.
By using the Service, you agree to refrain from:
- Using the Service for any illegal purpose or prohibited by this Agreement.
- Using the Service for malicious or harmful purposes.
- Using the Service to harm The Residency.
- Violating our Community Rules, which may be updated regularly.
- Impersonating any other person or entity or posting images of another person without their permission.
- Stalking, intimidating, attacking, harassing, mistreating, or defaming any person.
- Posting any Content that violates or infringes anyone's rights, including rights of publicity, privacy, copyright, trademark, or any other intellectual property or contractual right.
- Posting any Content that is hate speech, threatening, sexually explicit, or pornographic.
- Posting any Content that incites violence or contains nudity, graphic or gratuitous violence.
- Posting content that includes racist, intolerant, hateful language, or that encourages physical violence against a specific group or individual.
- Asking for passwords for any purpose, or personal identification information for commercial or illegal purposes from other users, or disseminating another person's personal information without their permission.
- Using another member's account, sharing an account with another member, or having more than one account.
- Creating another account if we have already terminated your account, unless you have our permission.
The Residency reserves the right to investigate and/or terminate your account without a refund of your purchases if you have violated this Agreement, misused the Service, or behaved in a way that The Residency considers inappropriate or illegal, including actions or communications that occur off the Service. If you fail to follow these rules or our Community Rules, your authorization to use the Service will be automatically revoked.
THE RESIDENCY, The Residency logos, and any other product or service name, logo, or slogan used by The Residency, as well as the look and feel of The Residency services, including all page headers, custom graphics, button icons, and scripts, are trademarks or trade dress of The Residency, and may not be used in whole or in part in connection with any product or service that is not The Residency's, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits The Residency, without our prior written permission. Any use of these trademarks must be in accordance with The Residency's Trademark Guidelines.
All other trademarks mentioned in The Residency services are the property of their respective owners. Reference on The Residency services to any products, services, processes, or other information, by trade name, trademark, manufacturer, supplier, or otherwise does not constitute or imply endorsement, sponsorship, or recommendation by us or any other affiliation.
General. At any time, The Residency may offer products and services for purchase (“in-app purchases”) through the App Store, Google Play Store, mobile operator billing, direct The Residency billing, or other payment platforms authorised by The Residency. If you choose to make an in-app purchase, you will need to confirm the purchase through the applicable payment provider, and your method of payment (be it your bank card or a third-party account such as the Google Play store or the App Store) (your “Payment Method”) will be charged for the in-app purchase at the amount displayed for the selected service(s) as well as any sales tax or other taxes that may be imposed on your payments, and you authorise The Residency or the third-party payment account, as applicable, to charge you.
Automatic Renewal - Automatic Card Payment.
If you purchase a subscription with automatic renewal through an in-app purchase, your Payment Method will be charged for the subscription until you cancel it. After your initial subscription period commitment, your subscription will automatically renew for an indefinite period at the price you agreed to when subscribing, unless you cancel your subscription before the renewal date. Your bank card information will be stored and later used for automatic card payments in accordance with this Agreement.
If you want to dispute a payment already made, please contact customer service if you were billed directly by The Residency, or the relevant third-party payment account, such as the App Store. You can also dispute by contacting your bank or payment provider, who can give you more information on your rights and applicable timeframes. You can unconditionally oppose automatic bank card payments at any time by going into the settings on The Residency or the third-party payment account, but note that you will still be obligated to pay any unpaid amount.
If you do not want your subscription to be automatically renewed, or to change or terminate your subscription, you will need to log into your third-party account (or go to your The Residency account settings, as applicable) and follow the instructions to cancel or terminate your subscription, even if you have deleted your The Residency account or deleted the The Residency app from your device. Deleting your The Residency account or the The Residency app from your device does not terminate or cancel your subscription. The Residency will retain all funds charged from your Payment Method until you cancel or terminate your subscription on The Residency or via the third-party account, as applicable. Upon termination or cancellation of your subscription, you will be able to continue using it until the end of your current subscription period. Your subscription will not be renewed at the end of that period. Our users residing in Germany can cancel their subscription after its renewal by giving us one month's notice and retain their right to terminate for a valid reason.
Additional conditions apply if you pay The Residency directly via your Payment Method. If you pay The Residency directly, The Residency may correct any billing errors even if payment has already been requested or received. In the event of a refund request or cancellation of a payment made using your Payment Method, The Residency may immediately close your account at its sole discretion.
You can change your Payment Method on The Residency by going to the Settings section. In case of payment failure due to expiration, insufficient funds, or any other reason, and if you do not change your Payment Method or cancel your subscription, you remain responsible for any uncollected amounts and authorise us to continue billing your Payment Method once it has been updated. Billing dates may change as a result. Additionally, you authorise us to obtain updated expiration dates and new bank card numbers from your credit or debit card issuer. The terms of your payments depend on your Payment Method and may be determined by agreements between you, your bank, card issuer, or other provider of your Payment Method. If you reside outside of the Americas, you agree that your payment to The Residency will be processed through The Residency Sports Ltd.
You may purchase or earn, at any time, a limited, personal, non-assignable, revocable, non-sublicensable licence to use "virtual items," including, but not limited to, virtual goods or "virtual currencies" or other units exchangeable on the Service for virtual goods (collectively, "Virtual Items"). Any balance of Virtual Items shown in your account does not constitute a real balance or reflect any stored value, but rather measures the extent of your licence. Virtual Items do not incur fees for non-use; however, the licence granted to you on Virtual Items will be terminated in accordance with the terms of this Agreement when The Residency ceases to provide the Service or your account is otherwise closed or terminated. The Residency, at its sole discretion, reserves the right to charge fees for access to or use of Virtual Items and may distribute Virtual Items for a charge or for free. The Residency may manage, regulate, control, modify, or eliminate Virtual Items at any time. The Residency shall have no liability to you or any third party if The Residency exercises any such rights. Virtual Items may only be redeemed through the Service. ALL PURCHASES AND REDEMPTIONS OF VIRTUAL ITEMS MADE THROUGH THE SERVICE ARE FINAL AND NON-REFUNDABLE. The provision of Virtual Items for use in the Service is a service that commences immediately upon the acceptance of your purchase of such Virtual Items. YOU ACKNOWLEDGE THAT THE RESIDENCY IS NOT REQUIRED TO PROVIDE A REFUND FOR ANY REASON FOR VIRTUAL ITEMS, AND THAT YOU WILL NOT RECEIVE MONEY OR OTHER COMPENSATION FOR UNUSED VIRTUAL ITEMS WHEN AN ACCOUNT IS CLOSED, WHETHER SUCH CLOSURE WAS VOLUNTARY OR INVOLUNTARY.
Generally, all charges for purchases are non-refundable, and there are no refunds or credits for partially used periods. We may make an exception if a refund for a subscription offer is requested within fourteen days of the transaction date, or if the applicable laws in your jurisdiction provide for refunds.
For subscribers residing in the EU or the European Economic Area, in accordance with local law, you are entitled to a full refund during the 14 days following the start of your subscription. Please note that this 14-day period begins at the time of the subscription.
For subscribers and purchasers of Virtual Items residing in the Republic of Korea: in accordance with local law, you are entitled to a full refund of your subscription and/or unused Virtual Items within 7 days of your purchase. Note that this 7-day period starts at the time of purchase.
Except as noted above for users residing in the Republic of Korea, purchases of Virtual Items are FINAL AND NON-REFUNDABLE.
To request a refund:
If you made a purchase using your Apple ID, refunds are processed by Apple, not The Residency. To request a refund, go to the App Store, click on your Apple ID, select "Purchase History," find the transaction and click "Report a Problem." You can also submit a request at https://getsupport.apple.com.
If you subscribed with your Google Play Store account or through The Residency directly: please contact customer service with your Google Play Store order number (you can find this number in the confirmation email you received or by logging into Google Wallet) or your The Residency order number (you can find this number in the confirmation email). You can also send us a dated and signed letter stating that you, the purchaser, are cancelling this agreement, or a similar statement. Please also include the email address or mobile phone number associated with your account and the order number. This letter must be sent to The Residency Sports Ltd; 35/37, Ludgate Hill, London, England, EC4M 7JN.
If you use your right of withdrawal (except for purchases made through your Apple ID, which are managed by Apple), we will refund (or ask Google to refund) all payments received from you, without delay and within 14 days from the date on which we were informed of your withdrawal request. This refund will be made through the same payment method that you used for the original transaction. In all cases, no fee will be charged to you as a result of this refund.
If you subscribed via a payment platform not listed above, please request a refund directly from the third party you made the purchase from.
You may not cancel an order for digital content that is not delivered on a tangible medium if the processing of the order has begun with your explicit consent and you have been informed that you will lose your right of withdrawal by continuing with this order. This condition applies, for example, to purchases of Virtual Items. Therefore, purchases are FINAL AND NON-REFUNDABLE.
The Residency has users globally and our prices vary based on many factors. We frequently offer promotional prices, which may vary based on region, subscription length, package size, etc. We also regularly test new features and payment options.
THE RESIDENCY PROVIDES THE SERVICE "AS IS" AND "AS AVAILABLE" AND, TO THE EXTENT PERMITTED BY APPLICABLE LAW, MAKES NO WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE REGARDING THE SERVICE (INCLUDING ALL CONTENT THEREIN), INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF SATISFACTORY QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. THE RESIDENCY DOES NOT REPRESENT OR WARRANT THAT (A) THE SERVICE WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE, (B) ANY DEFECTS OR ERRORS IN THE SERVICE WILL BE CORRECTED, OR (C) ANY CONTENT OR INFORMATION YOU OBTAIN ON OR THROUGH THE SERVICES WILL BE ACCURATE.
THE RESIDENCY ASSUMES NO RESPONSIBILITY FOR ANY CONTENT THAT YOU, ANOTHER MEMBER, OR A THIRD PARTY POSTS, SENDS, OR RECEIVES THROUGH THE SERVICE. ACCESS TO ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS AT YOUR OWN DISCRETION AND RISK.
13. Limitation of Liability.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL THE RESIDENCY, ITS AFFILIATES, EMPLOYEES, LICENSORS, OR SERVICE PROVIDERS BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, PUNITIVE, OR ENHANCED DAMAGES, INCLUDING, WITHOUT LIMITATION, LOSS OF PROFITS, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM: (I) YOUR ACCESS TO, USE OF, OR INABILITY TO ACCESS OR USE THE SERVICE; (II) THE CONDUCT OR CONTENT OF OTHER users OR THIRD PARTIES ON, THROUGH, OR FOLLOWING USE OF THE SERVICES; OR (III) UNAUTHORISED ACCESS, USE, OR ALTERATION OF YOUR CONTENT, EVEN IF THE RESIDENCY HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL THE RESIDENCY'S AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICE EXCEED THE GREATER OF THE AMOUNT YOU PAID, IF ANY, TO THE RESIDENCY FOR THE SERVICE AND USD 100 DURING THE TIME YOU HAVE AN ACCOUNT.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO SOME OR ALL OF THE EXCLUSIONS AND LIMITATIONS IN THIS SECTION MAY NOT APPLY TO YOU.
14. Governing Law.
For users residing in the European Union, the European Economic Area, or in any place where our arbitration agreement is prohibited by law, Swiss law shall govern, excluding its conflict of laws provisions, will apply to any disputes arising out of or relating to this Agreement or the Service.
To clear any ambiguity, the choice of Swiss governing law shall not supersede any mandatory consumer protection legislation in such jurisdictions.
15. Trial Venue.
Except for users residing within the European Union or the European Economic Area who may bring claims in their country of residence in accordance with applicable law, and except for claims that may be properly brought in a small claims court of competent jurisdiction, all claims arising out of or relating to this Agreement, the Service, or your relationship with The Residency that for whatever reason are not submitted to arbitration will be litigated exclusively in the courts of Switzerland. You and The Residency consent to the exercise of personal jurisdiction of courts in Switzerland and waive any claim that such courts constitute an inconvenient forum.
You agree, to the extent permitted by applicable law, to indemnify, defend, and hold harmless The Residency, our affiliates, and their and our respective officers, directors, agents, and employees from and against all complaints, demands, claims, damages, losses, costs, liabilities, and expenses, including attorney's fees, due to, arising out of, or relating in any way to your access to or use of the Service, Your content, your conduct towards other users, or your violation of this Agreement. SOME JURISDICTIONS DO NOT ALLOW FOR INDEMNIFICATION, SO SOME OR ALL OF THIS SECTION MAY NOT APPLY TO YOU.
17. Entire Agreement; Other.
18. Contact Information.
The Residency Services are offered by:
The Residency Sports Ltd
35/37, Ludgate Hill
London, England, EC4M 7JN
The Residency Sports Ltd is a company registered in the United Kingdom.
For questions or more information, please write to us at the address above, Attn: Customer Support.
The EU Commission provides a platform for online dispute resolution at https://ec.europa.eu/consumers/odr. Please note that The Residency is not obliged to participate in such dispute resolution.