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Terms of Use

Version: December 2025

1. Introduction

1.1. Purpose of the Terms

These Terms of Use (”Terms”) constitute a legally binding agreement between you (”User”, ”you”) and Ayhan Emilianof Basketball Academy (”AEBA”, ”we”, ”our”, or ”us”). They govern all access to and use of our website, digital platforms, membership systems, online store, and all services, programs, or products offered by AEBA. By accesing any AEBA service, you acknowledge and agree that these Terms govern your relationship with AEBA in full.

1.2. Acceptance of Terms

Access to AEBA services is strictly conditioned upon your full and unconditional acceptance of these Terms. By creating an account, entering into a membership, completing a purchase, participating in AEBA programs, or using any portion of the Platform, you expressly consent to be bound by these Terms, you must refrain from using AEBA services immediately.

1.3. Eligibility

To access or use AEBA services, you must:

  • be at least 18 years of age; or

  • if under 18, have valid verifiable consent from a parent or legal guardian;

  • possess full legal capacity to enter into binding agreements;

  • comply with all applicable laws and regulations.

Parents and legal guardians are fully and exclusively responsible for the conduct, safety, and obligations of minors under their supervision who use AEBA services.

1.4. Modifications to the Terms

AEBA reserves the unrestricted right to amend, modify, or supplement these Terms at any time without prior notice. All modifications become effective immediately upon publication on the Platform. Your continued use of AEBA services following any modification constitutes your full acceptance of the revised Terms. It is your responsibility to review the Terms periodically.

1.5. Definitions

For the purposes of these Terms:

  • ”Platform” means all AEBA websites, digital systems, membership portals, online stores, and related digital services.

  • ”User” refers to any individual or legal entity accessing or using the Platform or AEBA services.

  • ”Membership” includes all paid recurrent subscriptions, training enrollments, and athlete participation agreements.

  • ”Events” include all AEBA-organized camps, practices, tournaments, competitions, workshops, and activities.

  • ”Merchandise” means all physical or digital goods offered through the AEBA online store or affiliated channels.

2. About AEBA

2.1. Company information

Ayhan Emilianof Basketball Academy is an international youth sports organization established in Switzerland. AEBA operates through a combination of owned locations and authorized partners. The organization adheres to rigorous Swiss standards of quality, operational integrity, and regulatory compliance.

2.2. Scope of services

AEBA provides, without limitation, the following services:

  • structured basketball training programs and recurrent youth memberships;

  • athlete development services, coaching programs, and educational content;

  • events including practices, games, camps, tournaments, and competitive leagues;

  • e-commerce services through the AEBA online store;

  • franchising information and business development opportunities;

  • digital resources, communication tools, and administrative systems.

AEBA reserves the right to add, modify, suspend, or discontinue any service at ist sole discretion and without prior notice.

2.3. Territorial scope

AEBA services may be available only in specific regions and may be delivered either directly or through authorized partners. Access to certain services may be restricted, limited, or subject to local regulations, geographical constraints, or contractual restrictions.

AEBA makes no representation that its services are appropriate or legally permissible in every jurisdiction. Users who access AEBA services do so on their own initiative and are responsible for compliance with applicable local laws.

2.4. Contact information

For all inquiries related to these Terms or AEBA services, Users may contact AEBA through the official communication channels published on the Platform.

3. User accounts & Account security

3.1. Account creation

To access certain AEBA services, including memberships, athlete portals, digital dashboards, and online purchases, Users may be required to creat an account. By creating an account, you warrant that:

  • all information you provide is accurate, complete, and current;

  • you will promptly update such information to maintain its accuracy;

  • you create the account for your own use or, where applicable, for your minor child with full legal authority.

AEBA reserves the right to reject, suspend, or terminate any account at its sole discretion.

3.2. Account credentials & Confidentiality

You are exclusively responsible for maintaining the confidentiality of your login credentials, including username, password, and authentication methods.

You agree to:

  • safeguard your credentials at all times;

  • restrict access to your devices;

  • immediately notify AEBA of any unauthorized use, suspected breach, or compromise of your account.

AEBA shall not be liable for any loss, damage, or unauthorized activity resulting from your failure to maintain adequate security.

3.3 Parent or Guardian responsibility

Where an account is created or used on behalf of a minor, the parent or legal guardian:

  • assumes full legal and financial responsibility for all actions taken under the account;

  • ensures the minor's compliance with all AEBA policies, rules, and safety requirements;

  • acknowledges that participation in sports and physical activities involves inherent risks.

AEBA may request proof of guardianship at any time.

3.4. Account usage restrictions

Accounts are personal, non-transferable, and may not be shared, loaned, sublicensed, or sold. Any attempt to transfer, resell, or commercially exploit an account is strictly prohibited and constitutes grounds for immediate termination.

3.5. Account termination by User

Users may request account termination at any time by contacting AEBA via official channels. Termination does not entitle the User to refunds, credits, or cancellation of financial obligations unless expressly provided under separate written agreements.

3.6. Account termination by AEBA

AEBA reserves the right to suspend or permanently terminate any account, with or without notice, for reasons including but not limited to:

  • breach of these Terms;

  • inappropriate behavior in trainings or event;

  • abuse, fraud, or misuse of the Platform;

  • non-payment of any fees;

  • conduct affecting the safety, integrity, or reputation of AEBA.

AEBA shall not be liable for any loss, data deletion, or consequences resulting from such termination.

3.7. Data integrity

Users acknowledge that AEBA may remove, archive, or modify account-related content, data, or information as part of routine maintenance, platform upgrades, or compliance obligations. AEBA provides no guarantee regarding the permanent availability, retention, or recoverability of any account data.

4. Services, Memberships & Recurring payments

4.1. Scope of Services

Ayhan Emilianof Basketball Academy (“AEBA”) provides athletic training programs, memberships, camps, tournaments, merchandise sales, digital services, and other related offerings (collectively, the “Services”). All Services are subject to these Terms of Use, as well as any additional agreements or internal regulations communicated to Users or parents/guardians. AEBA reserves the right to modify, enhance, suspend, or discontinue any Service at any time to ensure operational integrity, safety, regulatory compliance, or strategic adaptation.

4.2. Membership enrollment

Enrollment in any AEBA membership constitutes a contractual agreement between the User (or the parent/guardian of a minor) and the academy.

By enrolling, you acknowledge and agree that:

  • Memberships are personal, non-transferable, and valid exclusively for the designated athlete.

  • Enrollment is confirmed only after payment has been successfully processed.

  • AEBA may request identity verification, age confirmation, or additional documents when necessary.

 

AEBA may refuse enrollment at its sole discretion, including for safety concerns, behavioral issues, or capacity limitations.

4.3. Recurring payment model

Certain AEBA memberships and subscriptions operate under a monthly recurring billing system. By subscribing to a recurring membership, you expressly authorize AEBA and its payment processors (including Stripe) to:

  • automatically charge the designated payment method on each billing cycle;

  • process recurring charges without requiring further approval from you;

  • re-attempt payments in case of processing failures.

 

You are responsible for ensuring valid, up-to-date payment information at all times.

 

AEBA reserves the right to suspend an athlete’s participation in trainings, events, or competitions for non-payment or repeated payment failures.

4.4. Payment and membership fee terms

You can access our Payment and membership fee policy here.

 

4.5.  Refund and Absence

You can access our Refund and Absence Policy here.

4.6. Participation standards

Access to AEBA services is conditioned on adherence to academy rules, including:

  • safety protocols

  • behavior expectations

  • attendance requirements

  • respect toward staff, athletes, and facilities.

 

AEBA may restrict or suspend participation if an athlete’s conduct poses risk or disrupts the training environment.

5. Online store, E-commerce & Product purchase

5.1. Scope of the online store

The AEBA Online store provides Users with access to apparel, equipment, accessories, digital products, and other branded merchandise (“Products”). By placing an order, the User acknowledges that all purchases are governed by these Terms of Use and any additional policies displayed at the time of purchase.

 

AEBA reserves the right to modify the assortment, discontinue products, or update pricing at any time without prior notice.

5.2. Product descriptions & Availability

AEBA makes every reasonable effort to ensure that product descriptions, images, sizes, and specifications are accurate.

However:

  • minor variations in color, material, or fit may occur;

  • product availability is not guaranteed;

  • AEBA may cancel or refuse any order due to stock limitations, technical errors, or compliance requirements.

 

If an order cannot be fulfilled, the User will be notified and refunded for unavailable items.

5.3. Pricing & Currency

Prices displayed in the Online store are listed in Swiss francs (CHF) unless stated otherwise. Prices may include or exclude taxes, duties, or shipping costs, depending on the User’s location and applicable laws.

 

AEBA reserves the right to adjust prices at any moment. Placement of an order constitutes acceptance of the price displayed at the time of purchase.

5.4. Oder confirmation

An order is considered accepted only when AEBA issues a formal order confirmation.

A confirmation email does not constitute acceptance if:

  • payment fails;

  • the product becomes unavailable; errors were present in pricing or product information;

  • fraud or suspicious activity is detected.

 

AEBA may require identity verification for high-value or international orders.

5.5. Payment processing

All payments are processed via secure third-party processors. By completing a purchase, the User authorizes automatic processing of the selected payment method. AEBA does not store card details and cannot be held liable for technical failures, interruptions, or security breaches related to third-party platforms. Payment must be completed before order dispatch. Orders for which payment cannot be verified may be delayed or canceled.

5.6. Shipping, Delivery & Risk transfer

Shipping options, timelines, and fees are displayed at checkout. These vary based on location, product type, and courier availability.

Once an order is transferred to the courier:

  • the risk of loss passes to the User;

  • delivery delays caused by customs, logistics providers, or external factors are outside AEBA’s responsibility.

 

Users are responsible for providing accurate delivery information. AEBA is not liable for deliveries failing due to incorrect or incomplete addresses.

5.7. Customs, Duties & Taxes

For international shipments, the User is solely responsible for:

  • customs duties;

  • import taxes;

  • brokerage fees;

  • any additional government charges.

 

Refusal to pay such charges may result in returned shipments. Shipping fees and duties are non-refundable.

5.8. Returns, Exchanges & Refunds

To maintain hygiene standards, product integrity, and premium brand quality:

  • All sales are final.

  • AEBA does not accept returns or exchanges unless a product is defective upon receipt.

 

For defective items:

  1. The User must notify AEBA in writing within 48 hours of delivery;

  2. Clear photographic evidence must be provided;

  3. AEBA will evaluate the claim and decide whether a replacement or refund is appropriate.

 

Products damaged due to misuse, normal wear, or improper handling are not eligible for replacement or refund.

5.9. Digital products

For digital downloads, training plans, media files, or online-access content:

  • Access is granted upon payment;

  • All digital products are strictly non-refundable;

  • Unauthorized sharing, reproduction, or distribution is prohibited.

 

AEBA reserves the right to revoke access if misuse is detected.

5.10. Fraud prevention & Verification

AEBA implements advanced fraud detection mechanisms.

Orders may be:

  • paused;

  • canceled;

  • or subject to verification procedures

 

if suspicious activity is detected.

 

AEBA reserves the right to permanently ban Users engaged in fraudulent or abusive behavior.

5.11. Warranty disclaimer

Except where required by Swiss law, AEBA provides Products “as is” and disclaims all warranties, explicit or implied, including but not limited to:

  • merchantability;

  • fitness for a particular purpose;

  • durability;

  • non-infringement.

5.12. Force majeure

AEBA is not liable for delays or failure to perform obligations in cases of events beyond reasonable control, including but not limited to:

  • natural disasters;

  • customs delays;

  • transportation interruptions;

  • strikes;

  • governmental restrictions.

6. Liability, Disclaimers & Risk assumption

6.1. General limitation of liability

To the fullest extent permitted under applicable Swiss law, Ayhan Emilianof Basketball Academy (AEBA), its subsidiaries, affiliates, directors, officers, employees, contractors and agents (“AEBA Representatives”) shall not be liable for any direct, indirect, incidental, consequential, special or exemplary damages arising out of or relating to:

  • the use or inability to use any AEBA services, platforms, websites or training programs;

  • decisions made based on information provided by AEBA;

  • any interruption, suspension, or termination of services;

  • any third-party acts, omissions, or services not directly controlled by AEBA;

  • any event beyond AEBA’s reasonable control (force majeure).

 

Under no circumstance will AEBA’s total aggregated liability exceed the amount actually paid by the user for AEBA services in the preceding six (6) months, unless otherwise mandated by Swiss law.

6.2. No guarantee of athletic or personal outcomes

AEBA provides high-level training methodologies, coaching programs and development systems.

However, AEBA makes no guarantee, representation or warranty—express or implied—regarding:

  • athletic performance outcomes;

  • competition results;

  • scholarship eligibility;

  • physical transformation;

  • team selection or advancement;

  • personal development or career success.

 

All training results depend on the athlete’s individual commitment, physical ability, consistency, discipline, and external factors beyond AEBA’s control.

6.3. Health, medical and physical risck disclaimer

Participation in physical training, sports activities and athletic programs inherently carries risk of injury, including but not limited to:

  • sprains;

  • fractures;

  • dislocations;

  • overuse injuries;

  • chronic pain;

  • cardiovascular complications;

  • collisions, falls, and accidental impacts;

  • other unforeseeable physical harm.

 

By enrolling in any AEBA program, the customer and/or athlete explicitly acknowledges, accepts and assumes full responsibility for the risks associated with physical activity. AEBA Representatives are not medical professionals and do not provide medical advice.

All athletes must ensure:

  1. They are medically cleared for participation.

  2. They disclose relevant medical conditions.

  3. They immediately stop activity if experiencing warning signs.

 

AEBA is not liable for injuries or medical complications arising from participation unless caused by gross negligence or intentional misconduct.

6.4. Supervision & Responsibility of minors

Parents or legal guardians acknowledge and accept that:

  • They remain fully responsible for the conduct, safety, and wellbeing of minors outside AEBA-supervised activities.

  • AEBA supervision applies only during official training sessions, competitions or events, according to the published schedule.

  • AEBA is not responsible for travel arrangements, transportation to/from activities, or unsupervised periods.

 

By enrolling a minor, the parent/guardian waives any claims against AEBA for incidents occurring outside AEBA’s control.

6.5. Third-party services & external facilities

AEBA may collaborate with third-party providers including sports halls, training facilities, event organizers, medical partners, or payment processors.

 

AEBA:

  • does not guarantee the availability, safety or performance of third-party services;

  • is not responsible for any damages, losses or injuries caused by third parties;

  • operates under the terms and regulations imposed by each external provider.

 

Any disputes regarding third-party services must be addressed directly to the respective provider.

6.6. Force majeure

AEBA shall not be held liable for failure to perform its obligations due to circumstances beyond reasonable control, including but not limited to:

  • natural disasters, extreme weather, pandemics, epidemics,

  • governmental restrictions or legal prohibitions,

  • infrastructure failures, power outages,

  • strikes, labor disputes, civil unrest,

  • transport disruptions, facility unavailability.

 

In such cases, AEBA may adjust schedules, move activities online, relocate training, or suspend services without liability.

6.7. Indemnification

Users, customers, athletes, parents and/or guardians agree to indemnify, defend and hold harmless AEBA and AEBA Representatives from any claim, demand, damage, liability, or expense (including legal fees) arising from:

  • breach of these Terms of Use;

  • violation of laws or third-party rights;

  • misuse of AEBA services, platforms or facilities, negligent or intentional acts by the user or athlete;

  • misconduct, aggression, property damage or unsafe behavior during activities.

 

This indemnification obligation survives termination of the user’s AEBA membership or relationship.

6.8. No liability for User-generated or third-party content

AEBA assumes no responsibility for:

  • content posted by users or third parties;

  • inaccurate or outdated information provided by others;

  • external links or embedded elements.

 

Users access third-party content at their own risk.

6.9. Legal compliance

Users are responsible for ensuring compliance with all applicable laws and regulations when using AEBA services or participating in AEBA programs. AEBA may temporarily or permanently suspend access for any breach or suspected breach.

7. Recurring memberships, Payments & Billing (Policy additions)

7.1. Automatic renewal

By enrolling in any AEBA membership plan, the customer acknowledges and accepts that:

  • All memberships are recurring contractual agreements;

  • Fees are charged automatically at the beginning of each billing cycle;

  • Memberships renew indefinitely until cancelled in accordance with these Terms of Use.

 

Membership cycles may be monthly, quarterly, semi-annual or annual. By initiating a membership, the customer grants AEBA express authorization to automatically charge the designated payment method for all recurring fees.

7.2. Payment obligation & Responsibility

All customers are financially responsible for:

  • Ensuring valid payment methods are provided and kept up to date;

  • Covering all membership fees, training fees, equipment fees or event participation fees;

  • Any additional charges incurred through optional services.

 

AEBA is not liable for any costs arising from:

  • currency conversion;

  • bank transfer fees;

  • international transaction fees;

  • payment processor charges.

 

These are exclusively the responsibility of the customer.

7.3. Accepted payment methods

AEBA may accept, depending on the location and service:

  • Credit/debit cards (Visa, MasterCard, etc.)

  • Direct debit

  • Bank transfer

  • Online payment systems

  • AEBA-approved third-party processors

 

All payments are processed securely through accredited Swiss or international financial service providers.

7.4. Failed payments & account suspension

If a payment is declined, rejected or fails for any reason:

  1. The customer will receive a notification requesting payment update.

  2. A grace period (determined by AEBA location policies) may be granted.

  3. If payment remains outstanding, AEBA reserves the right to:

  • suspend access to all training sessions, competitions and events;

  • impose administrative fees;

  • forward outstanding amounts to external collection agencies where legally permitted.

 

AEBA may charge late-payment fees in accordance with Swiss law and internal regulations.

7.5. Price adjustments

AEBA reserves the right to modify prices for memberships or services at any time. Customers will be notified in advance within a legally reasonable timeframe. If the customer continues using AEBA services after the effective date of the price adjustment, the customer is deemed to have accepted the new pricing structure.

7.7. Cancellation of recurring membership

Verbal cancellations, messages sent through coaches, WhatsApp, social media or informal communication channels are not valid. Payments already processed will not be refunded, and access will remain active until the conclusion of the current billing cycle, unless otherwise stated.

7.8. No refund policy

AEBA does not issue refunds for:

  • membership fees;

  • unused sessions;

  • athlete absences for personal reasons;

  • voluntary withdrawals;

  • vacations;

  • injuries not caused by AEBA’s gross negligence;

  • failure to attend events or training.

 

In exceptional cases, AEBA may offer session rescheduling or temporary suspension, exclusively at its discretion.

7.9. Mandatory membership duration (if applicable)

Certain membership plans may require:

  • a minimum fixed commitment (e.g., 6 or 12 months);

  • a binding contractual period;

  • additional withdrawal terms.

 

Such conditions will be clearly specified at the time of enrollment. By completing payment, the customer accepts the full contractual period and cannot terminate prematurely.

7.10. Merchandising purchases

For merchandising purchased through AEBA’s online store:

  • Payments are due at checkout;

  • Orders will not be processed until full payment is received.

 

7.11. Fraud detection & Prevention

 

AEBA maintains a zero-tolerance policy for payment fraud.

Suspicious activities may result in:

  • immediate membership suspension;

  • termination of contracts;

  • reporting to relevant Swiss or international authorities;

  • legal action for damages.

 

7.12. Invoicing for institutions & corporate clients

 

Corporate clients, schools, clubs or institutions requiring invoicing must:

  • provide complete billing details;

  • comply with payment deadlines;

  • assume responsibility for any additional administrative or processing fees.

 

Failure to meet invoicing terms may result in service termination.

8. Online store, Merchandise & Delivery

8.1. Overview

 

AEBA’s online store (“Store”) provides Users with access to branded merchandise, equipment, apparel, and other products (“Products”). By placing an order, the User agrees to be bound by the terms of this Section in addition to all other provisions of these Terms of Use.

 

8.2. Product information & Availability

 

All Product descriptions, images, specifications, and pricing are presented for informational purposes only.

AEBA exercises reasonable care to ensure accuracy; however, AEBA:

  • Does not guarantee that colors, materials, or details displayed on the Website will precisely match the delivered Product;

  • Reserves the right to modify, discontinue, or limit the availability of any Product at any time without prior notice;

  • May impose quantity restrictions or limit purchases per User, per order, or per household.

 

8.3. Prices & Taxes

 

All prices displayed in the Store are shown in Swiss francs (CHF), unless otherwise specified. Prices do not include applicable taxes, customs duties, import fees, shipping charges, or other surcharges unless explicitly stated. The final amount payable will be displayed at checkout. AEBA reserves the right to adjust prices at any time, including after Product updates, promotions, or currency fluctuations.

 

8.4. Orders & Contract formation

 

Placing an order constitutes an offer by the User to purchase the selected Product(s). An order is deemed accepted only upon the User’s receipt of a written order confirmation issued by AEBA. Until such confirmation, AEBA reserves the unrestricted right to refuse or cancel any order.

Grounds for refusal may include (non-exhaustive):

  • Product unavailability;

  • Errors in pricing or product description;

  • Suspected fraud or misuse;

  • Non-compliance with these Terms.

 

No contract is formed until AEBA issues a confirmation email.

 

8.5. Payment for Products

 

Payment must be completed in full at the time of order placement using one of the accepted payment methods displayed at checkout. AEBA may use third-party payment processors; Users agree that such transactions may be subject to the processor’s terms.

AEBA is not liable for:

  • Payment processing delays;

  • Transaction failures;

  • Errors caused by third-party platforms.

 

All payments must be authorized by the cardholder or account holder; unauthorized transactions will be considered a breach of these Terms.

 

8.6. Shipping, Delivery & Risk transfer

 

Shipping times, methods, and fees will be displayed at checkout. Estimated delivery dates are indicative only; AEBA does not guarantee delivery within a specific timeframe.

Risk of loss or damage transfers to the User:

  • Upon delivery to the designated address; or

  • Upon handover to the carrier, depending on applicable law or the delivery method selected.

 

AEBA is not liable for delays caused by carriers, customs procedures, force majeure, or incorrect delivery information provided by the User.

 

8.7. Customs, Duties & Import regulations

 

For international deliveries, Users are solely responsible for complying with local import laws and bearing all related costs, including:

  • Customs duties;

  • VAT/import taxes;

  • Clearance fees;

  • Handling charges.

 

AEBA does not guarantee that the Products may be lawfully imported into the User’s jurisdiction.

 

8.8. Returns, Exchanges & Refunds

 

The return policy applicable to Store purchases will be made available on the Website. Unless otherwise indicated:

  • Used, damaged, customized, or final-sale Products are not eligible for return.

  • Shipping costs are non-refundable, except where prohibited by applicable law.

  • Refunds are processed only after AEBA receives and inspects returned Products.

 

AEBA reserves the right to refuse any return that does not comply with the return policy or is deemed abusive.

 

8.9. Product Warranty & Defects

 

Products may be covered by a limited warranty as permitted under Swiss law. Users must inspect all Products immediately upon delivery and notify AEBA of any defect or non-conformity within 48 hours. Failure to provide timely notice constitutes acceptance of the Product “as delivered.”

 

8.10. Resale prohibition

 

Products purchased through the Store are intended for personal use only. The unauthorized resale, distribution, or commercial exploitation of AEBA Products is strictly prohibited unless expressly approved in writing by AEBA.

8.11. Size selection responsibility & Non-eligibility for size-related exchanges

 

All size charts, measurements, and fitting guidelines provided on the Website are informational aids only. The User acknowledges and agrees that:

  • The selection of the correct size for any Product (including apparel, footwear, and equipment) is made entirely at the User’s own discretion and responsibility;

  • AEBA does not guarantee the accuracy, suitability, or expected fit of any size chosen by the User;

  • AEBA does not accept returns, exchanges, or replacements for Products due to incorrect size selection by the User, except where such obligation may be mandatorily required by applicable law.

 

By completing a purchase, the User expressly confirms that the size selected is intentional and that AEBA bears no liability for dissatisfaction relating to fit, comfort, dimensions, or expected sizing.

9. Liability & Disclaimers

 

9.1. General limitation of liability

 

To the maximum extent permitted under applicable Swiss and international law, AEBA, its affiliates, officers, directors, employees, agents, partners, franchisees, and contractors (collectively, the “AEBA Group”) shall not be liable for any direct, indirect, incidental, consequential, punitive, exemplary, or special damages arising out of or in connection with:

  • access to or use of the Website,

  • the purchase, use, or inability to use any Services or Products,

  • the performance or non-performance of recurring subscription payments, or

  • any decisions made based on content provided through the Website or AEBA communication channels.

 

This limitation applies irrespective of the legal theory invoked, including contract, tort, negligence, strict liability, or otherwise.

 

9.2. No warranty of accuracy or availability

 

While AEBA strives to uphold the highest operational and technological standards, the Website, its content, and all associated Services are provided “as is” and “as available” without warranties of any kind, whether express or implied.

AEBA does not guarantee:

  • uninterrupted, secure, or error-free access to the Website;

  • the accuracy, completeness, or reliability of any content;

  • freedom from harmful components, technical failures, or data loss.

 

9.3. Sports/Training-related disclaimers

 

Participation in sports inherently involves physical activity and associated risks. To the fullest extent permitted by law, AEBA disclaims liability for any injuries, accidents, or damages arising from:

  • participation in AEBA training sessions, practices, games, tournaments, camps, or related events;

  • improper use of AEBA equipment or facilities;

  • actions or negligence of third-party facilities, coaches, volunteers, or other athletes.

 

Athletes and legal guardians understand that sports participation is voluntary and assume all associated risks.

 

9.4. Merchandise & Product use disclaimer

 

AEBA shall not be liable for any injury, damage, or loss resulting from:

  • misuse, improper handling, or unauthorized modification of Products;

  • failure to follow usage instructions;

  • incorrect size selection by the User (as defined in Section 8.11).

 

9.5. Third-party links & Integrations

 

The Website may contain links to third-party platforms (e.g., booking systems, external media and more).

AEBA:

  • has no control over third-party content or operations;

  • provides such links purely for convenience;

  • assumes no responsibility for the legality, accuracy, safety, or performance of third-party websites, payment processors, or service providers.

 

Users access third-party platforms at their own risk.

 

9.6. Data transmission & Security disclaimer

 

Although AEBA uses industry-standard security protocols, no online transmission or storage mechanism can be guaranteed as entirely secure. AEBA is not liable for:

  • unauthorized access, interception, alteration, or loss of data,

  • delays or failures in electronic communications, unless caused by AEBA’s gross negligence or willful misconduct.

 

9.7. Force majeure

 

AEBA shall not be held liable for any delay or failure in performance resulting from events outside its reasonable control, including but not limited to:

  • natural disasters, pandemics, extreme weather, acts of God;

  • war, strikes, labor disputes, civil unrest;

  • power outages, telecommunications failures, or interruptions in essential services;

  • government restrictions or regulatory changes.

 

In such cases, AEBA’s obligations shall be suspended for the duration of the event. ​​

10. Intellectual property rights

 

10.1. Ownership of intellectual property

 

All intellectual property rights connected to Ayhan Emilianof Basketball Academy (“AEBA”)—including but not limited to trademarks, logos, emblems, brand names, trade dress, course names, proprietary training methodologies, website design, audiovisual materials, documents, marketing assets, product designs, and any derivative works—are the exclusive property of AEBA or its licensors. All rights not expressly granted to Users under these Terms remain strictly reserved.

 

10.2. Trademark protection

 

“Ayhan Emilianof Basketball Academy,” “AEBA,” and all related marks, insignia, and branding elements constitute registered and unregistered trademarks. Unauthorized use—including imitation, reproduction, distribution, modification, or dilution of AEBA marks—is strictly prohibited and may result in immediate legal action.

 

10.3. License to access Website content

 

Subject to strict compliance with these Terms, AEBA grants Users a non-exclusive, non-transferable, revocable, limited license to:

  • access and view content on the Website solely for personal, non-commercial use;

  • print or download minimal portions of content exclusively for informational, non-commercial purposes.

 

This license does not permit any commercial exploitation, reproduction, republication, scraping, resale, broadcasting, or distribution of AEBA content in any form. Any unauthorized use immediately terminates the license.

10.4. Prohibited uses

Users are expressly forbidden from:

  • copying, reproducing, or distributing Website content or AEBA materials;

  • modifying, translating, adapting, reverse engineering, or creating derivative works;

  • removing branding, copyright notices, or proprietary marks;

  • using AEBA trademarks or materials to promote personal businesses, social media channels, teams, events, or any commercial initiatives without written authorization;

  • capturing, recording, or distributing training sessions, drills, coaching materials, academy practices, or internal methodologies.

 

Violation of these provisions constitutes a serious breach and may lead to civil, criminal, and contractual liability.

 

10.5. Content submitted by Users

 

Users who submit testimonials, media, or feedback grant AEBA a worldwide, royalty-free, perpetual, transferable license to use, reproduce, adapt, publish, or display such content across AEBA platforms, marketing materials, and communication channels—provided such use respects the privacy and data protection principles outlined in Section 12. Users represent and warrant that they hold all rights necessary to grant such permissions.

 

10.6. Franchisee/Partners intellectual property use

 

Authorized AEBA franchisees or partners receive a limited, contract-based license to use specific brand assets, training methodologies, and marketing materials strictly within the scope of their agreement. Any use beyond the contractual scope—including sublicensing, rebranding, or independent commercialization—is strictly prohibited and grounds for immediate termination, penalties, and legal enforcement.

 

10.7. Enforcement & Monitoring

 

AEBA conducts active monitoring of brand usage and reserves the right to:

  • issue cease-and-desist notices,

  • demand removal of unauthorized content,

  • seek damages and legal remedies,

  • block access to the Website or Services,

  • report misconduct to relevant authorities.

AEBA enforces its intellectual property rights globally, in all jurisdictions where its brand operates, both online and offline.

11. User conduct & Acceptable use policy

 

11.1. General obligations of Users

 

By accessing the Website, creating an account, purchasing services, subscribing to memberships, or participating in any AEBA programs, Users agree to conduct themselves in a lawful, respectful, and responsible manner consistent with these Terms, Swiss law, and the values of Ayhan Emilianof Basketball Academy. Users must ensure that all information provided to AEBA is accurate, current, and complete.

 

11.2. Prohibited conduct (strictly forbidden)

 

Users are strictly prohibited from engaging in any of the following activities in connection with the Website, Services, Academy, or brand:

 

a. Legal violations

  • engaging in any activity that violates Swiss law, international regulations, or the rights of other Users or third parties.

b. Security & System misuse

  • attempting to gain unauthorized access to AEBA’s systems, accounts, servers, or databases;

  • interfering with or disrupting Website functionality, security, or performance;

  • distributing viruses, malware, bots, scrapers, or harmful code;

  • performing automated data extraction, crawling, scraping, or harvesting.

 

c. Misuse of content & Intellectual property

  • copying, uploading, distributing, or modifying AEBA content without written authorization;

  • sharing internal methodologies, training materials, or proprietary documents;

  • using AEBA branding, logos, or marks without authorization.

 

d. Fraud & Misrepresentation

  • providing false identity information, impersonating AEBA staff, franchisees, or other users;

  • misrepresenting affiliation with AEBA, or falsely claiming endorsement, certification, or partnership.

 

e. Harassment & inappropriate behavior

  • engaging in abusive, discriminatory, defamatory, or threatening behavior toward AEBA personnel, athletes, franchisees, or other users;

  • sending unsolicited promotions, advertising, or spam.

 

f. Commercial exploitation

  • reselling services, redistributing training material, or exploiting the AEBA brand for personal profit;

  • using AEBA facilities, events, or systems to advertise or recruit for external organizations.

 

g. Misuse of memberships

  • sharing access credentials or accounts with third parties;

  • allowing unauthorized individuals to participate in sessions paid under another user’s membership.

 

Any violation of the above constitutes a material breach of these Terms.

 

11.3. Consequences of violations

 

If a User violates these Terms or engages in prohibited behavior, AEBA reserves the right—without prior notice—to take one or more of the following actions:

  • immediate suspension or termination of the User’s account;

  • cancellation of memberships or training access without refund;

  • restriction or blocking of Website access;

  • removal of unlawful or inappropriate content;

  • reporting the matter to authorities;

  • initiating civil or criminal legal proceedings;

  • demanding compensation for damages caused.

 

The severity of measures will correspond to the gravity of the violation.

 

11.4. Protection of minors

 

AEBA operates programs for athletes of various ages. Users (including parents or guardians) must ensure:

respectful behavior within AEBA facilities and communication channels,

that no user engages in behavior that endangers or exploits minors in any way,

compliance with all safeguarding, child protection, and behavioral standards.

 

Any violation related to minors triggers immediate and strict legal action in accordance with the law.

 

11.5. Cooperation with investigations

 

Users agree to cooperate fully with any internal or external investigation conducted by AEBA, authorities, or relevant entities if their actions are suspected to breach the law or these Terms.

12. Final provisions

These Terms of Use constitute the complete and exclusive agreement between the User and Ayhan Emilianof Basketball Academy regarding access to and use of the Website, Online Store, Subscription Services, Digital Platforms, and any related AEBA Services. Any prior understandings, representations, negotiations, or agreements—whether written or oral—are hereby superseded. AEBA’s failure at any time to enforce any provision of these Terms shall not be construed as a waiver of any right or remedy, nor shall it affect the validity of any part of these Terms or AEBA’s ability to enforce any subsequent breach. Should any provision of these Terms be deemed invalid, unlawful, or unenforceable by a competent authority, such provision shall be limited or removed to the minimum extent necessary, and the remaining provisions shall continue in full force and effect.

 

The User acknowledges that AEBA operates in a multinational and continuously evolving environment. Accordingly, AEBA reserves the right to amend, update, or supplement these Terms of Use at any time to ensure legal compliance, operational efficiency, and the protection of AEBA’s legitimate business interests. Continued use of AEBA Services following such modifications constitutes acceptance of the revised Terms.

 

By accessing or using any AEBA platform, service, or product, the User confirms that they have read, understood, and agree to be legally bound by these Terms of Use. This acceptance signifies a commitment to comply with all applicable obligations, policies, and regulations governing their interaction with Ayhan Emilianof Basketball Academy.

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