Terms of Use – Sports Computing AS
1 GENERAL
Sports Computing AS (“Sports Computing”)provides a software that makes advanced video analytics into common household goods through your smartphone (the “Software”).These terms of use (the “Terms of Use”) apply to Users of the Software. The terms “User”, “you” and “your” means anyone who is dealing with the Software on behalf of itself. The Software is provided and operated by Sports Computing. The Software is a future-focused tool intended to help athletes, at all levels, in analyzing their performances using our proprietary technology.
2 USE OF THE SOFTWARE
2.1 Permission of parent and legal guardian’s liability for children’s use If you are less than [16] years old, you may not use the Software until your parent(s) or your legal guardian has given you permission to use the Software. Ask your legal guardian to read these Terms of Use for you. If you are the parent or the legal guardian of a User who is younger than [16] years old and you give the child permission to use the Software, these Terms of Use will apply to you. This means that you, as the parent or legal guardian, are responsible for the child’s use of the Software. The latter includes the responsibility of ensuring the security and privacy of the child as well as ensuring that the child’s use of the Software is in accordance with these Terms of Use. and the security and privacy of the child. Other than the limitations in the functioning of the Software, Sports Computing cannot control, nor do we interact directly with, how children use the Software.
2.2 Consent to these Terms of Use In order to use the Software, you have to agree to adhere to these Terms of Use. You agree by ticking the consent permission setting when you create an account with us. We therefore recommend that you carefully read the Terms of Use before using the Software.
2.3 User account In order to use the Software, you must first create a Sports Computing User account in our mobile application, or log into the Software using your Facebook account. In order to create a User account , Sports Computing will ask you to register certain information about yourself. This information consists of certain personal data, such as your name, address, mobile number and a valid e-mail address. You agree to provide accurate information, and it is your responsibility to keep this information updated. The owner of the User account has access and control over the units used for the Software. In order to ensure the security of your User account, you must not provide your password or any other information about your User account to unauthorized persons. Sports Computing may terminate or suspend your User account to protect you, Sports Computing, or its affiliates from identity theft or identity theft attempts, fraudulent activity or other acts which may not be compatible with these Terms of Use and applicable law.
2.4 User Information Sports Computing will process information relating to your use of the Software. To the extent that User information constitutes personal data, it will be processed in accordance with applicable data protection laws. Detailed information on how we process your personal data are set out in the Sports Computing Privacy Statement here.
2.5 Sharing your videos with third parties The Software gives you the opportunity to share your videos on third party platforms, such as Facebook and other social media channels. We are not able to remove your videos from such third- party platforms if you use this option. If you wish to remove your video from such third party platforms, we recommend you to contact them directly.
2.6 Acceptable use Upon entering into this agreement, you agree not to transfer, distribute, sell, publish, create derivative works of or otherwise misuse the Software. By these Terms of Use, we make it clear that we do not wish the Software to be used for purposes that may, in our sole discretion, be perceived as negative or derogatory.
This implies that you shall be respectful of the rights of others and that you are not able to use the Software in a way that:
a) contradicts any local, national, foreign or international law;
b) is perceived as offensive behavior by others;
c) depicting nudity;
d) publishes other people’s private or confidential information;
e) bully, harass, threaten, defame or harms other individuals; or
f) violates the intellectual property rights of Sports Computing or the intellectual property rights of third parties.
We are not responsible for the user’s use of the Software and content that is generated through the use of the Software. Because we do not review all of the content generated through the use of the Software, we cannot guarantee that our Users’ use of the Software will at all times comply with the Terms of Use. Sports Computing reserves the right to delete any content that we believe, in our sole discretion, is in breach with these Terms of Use or does not comply with applicable law. However, you are solely responsible for the content you create, upload, publish, send or store via our the Software. You understand and agree that by acting in violation of the acceptable use set out in this section 2.6 , Sports Computing is entitled to suspend or terminate your use. You have the right to lodge a complaint with us regarding your eviction decision.
3 INTELLECTUAL PROPERTY RIGHTS
Sports Computing is the owner and licensee of all intellectual property rights embedded in the Software. This includes, but is not limited to, the concept, methodology, text, design, music, graphics, relevant interfaces and trademarks related to Sports Computing. The Software may not be used for purposes other than those set out in the Terms of Use or, if applicable, by specific agreement with Sports Computing.
4 RIGHTS WE GIVE YOU
Once you have created a Sports Computing User account, you will be given a non-exclusive, non- transferable, revocable right to download, install and use the Software. The license is only meant to allow you to use the Software in a manner permitted by these Terms of Use. The Software is licensed, not sold, to you. Sports Computing and its licensors retain ownership of all versions of the Software, even if you have downloaded the Software to your personal computer, mobile, tablet and/or other relevant device. Your User license will cease when these Terms of Use is terminated or suspended, or when your User account is terminated or suspended in accordance with the Terms of Use or other specific agreement with Sports Computing.
5 RIGHTS YOU GRANT TO US
The Software allows you to create, upload and store videos and pictures of you. When you do so, you retain all ownership rights to the content that you create. However, we require certain permits from you in order to provide the Software and in the provisioning of our services. When you create and upload content protected by intellectual property rights (for example, videos) by using the Software, you hereby grant to us a non-exclusive, royalty-free license to operate the Software, and use your content for the purposes of further develop the Software. This license will terminate when your content is deleted from our systems. You can delete content individually or at the same time by deleting your account. To learn more about how we use information and how you control or delete your content, please review our Privacy Statement.
6 THE SOFTWARE MAY CONTAIN ADVERTISEMENTS
By using the Software, you accept that we and our affiliates may place advertisements within the Software. We do not share any information relating to our users with advertisement providers.
7 THIRD PARTIES AND SUBCONTRACTORS
Sports Computing may use third parties necessary to provide the Software (“Subcontractors”). Sports Computing is responsible for any use of Subcontractors. To the extent that Subcontractors process personal data, these will be handled in accordance with applicable data protection laws. Please find details of how we manage your personal data in our Privacy Statement.
8 MORE ABOUT THE APPLE STORE AND IOS OPERATING SYSTEM
This section applies to the use of any version of The Software installed on and compatible with, the iOS operating system of Apple Inc. (“Apple”). Apple is not the owner of the Software and is not a party to these Terms of Use. Apple is not in any way responsible for the Software, except for an eventual obligation to repay the purchase price of The Software. Apple will not be responsible for any support services or maintenance related to the Software. Apple shall also not be liable for any other allegations, losses, warranties, damages, costs or expenses in connection with the Software. Apple will not be liable for any claims of third parties relating to product liability, a claim that the Software does not satisfy any applicable legal or regulatory requirements, claims arising for consumer protection or similar law, as well as any claims regarding intellectual property rights. Any inquiry or complaint relating to the use of the Software, as well as any complaints regarding intellectual property rights, must be directed to Sports Computing. The user license granted to you through these Terms of Use is a non-transferable license to use the Software on an Apple product using Apple’s iOS operating system and which is owned or controlled by you or otherwise permitted by Terms of Use as set out in Apple’s App Store Terms of Service (available here). You hereby understand and agree that Apple and its affiliated companies are a third party to these Terms and conditions. As a result, as you agree to these Terms of Use, Apple will have the right (and shall be deemed to have accepted the right) to enforce these Terms of Use towards you. Your use of the Software on an iOS operating system assumes that you are not located in a country subject to an embargo by the U.S. State, or in a country which has been designated by the U.S. State as a terrorist supporting country, and that you are personally not listed on the U.S. Government list of prohibited or restricted parties.
9 SPORTS COMPUTING’S OBLIGATIONS
The Software and its features are offered as is. Sports Computing strives to deliver good performance at all times. However, Sports Computing cannot guarantee any error-free or uninterrupted use of the Software. Access to the Software or to specific functions therein may be limited or suspended temporarily and without notice in the case of system failure, maintenance or repair or by obstruction beyond the control of Sports Computing. In such an event, Sports Computing shall not be liable. Sports Computing does not guarantee that the Software will be free from loss, destruction, viruses, attacks, disturbances, hacking or other security threats. Sports Computing has the right to implement measures to safeguard the IT security of the Software. Although Sports Computing works to ensure that the material in the Software contains correct information, Sports Computing cannot guarantee that the material will at all times be accurate or complete. Errors will be corrected by Sports Computing within a reasonable time after the failure has been discovered by Sports Computing.
10 LIABILITY
10.1 Compensation To the fullest extent permitted by applicable law, Sports Computing is not liable to you, whether pursuant to contract law, tort or otherwise, with respect to the content of, or use of, or otherwise in connection with the Software: a) For indirect, special or consequential loss; or b) For business loss, loss of income, profits or anticipated savings, loss of contracts or business relationships, loss of reputation, or corruption of information or data. Nothing in the Terms of Use limits or eliminates Sports Computing’ or any Sports Computing liability for intentional or grossly negligent acts or omissions.
10.2 Indemnification Sports Computing is not responsible for any content that users upload, create or store in the Software. Sport Computing is therefore not responsible for the content being compliant with applicable law and not infringing on the legal rights of third parties. To the extent permitted by applicable law, you agree to keep Sports Computing, our licensors and subcontractors from and against all losses, expenses, damages and costs arising from breach of these Terms of Use.
11 CHANGES
11.1 CHANGES IN THE SOFTWARE
Updates and changes to the Software may occur. The User of the Software understands and accepts that Sports Computing is free to make any changes or updates to the Software when necessary. Changes to the Software will not affect the rights and duties between the User and Sports Computing, as set out in the Terms of Use.
11.2 CHANGES TO OUR TERMS OF USE
Changes to these Terms of Use may occur. Any material changes will not be binding on the User without prior notice. An up to date version of these Terms of Use are available on our website here.
12 RESIGNATION AND TERMINATION
These Terms of Use will apply between Sports Computing and the User until the contractual arrangement is terminated by either party. Sports Computing shall be entitled to terminate the contractual arrangement and prevent further use of the Software and our other services if you act in violation of these Terms of use or applicable law. In the event that Sports Computing has reason to believe that you have acted in contravention of the Terms of Use, Sports Computing shall be entitled to take reasonable measures to safeguard the interests and rights of Sports Computing and Subcontractors. Section 2, 3 and other sections in the Terms of Use that explicitly or in their nature must continue to apply even after the termination of the contractual relationship, shall continue to apply after the termination of the contractual relationship.
13 LAW
Unless otherwise required by applicable law, Norwegian law shall apply to the Terms of Use and your use of the Software.
14 DISPUTE RESOLUTION
Unless otherwise required by applicable law, disputes arising in connection with Sports Computing or the Terms of Use shall be subject to the jurisdiction of the Oslo District Court.
15 CONTACT SPORTS COMPUTING
If you have any questions or comments regarding the Software, these Terms of Use or otherwise, you are welcome to contact us here or by using, the contact details below: Sports Computing AS