General Terms and Conditions Smart11

General Provisions

  1. Parties and Definitions

These general terms and conditions (“General Terms and Conditions”) apply exclusively to the services of Smart11, hereinafter referred to as “Smart11,” “we,” “us,” “our.” Smart11 is located at Leonard Springerlaan 7, 9727 KB Groningen, Netherlands, and is registered with the Chamber of Commerce under number 92519938.

  1. Acceptance of the General Terms and Conditions

By using the mobile applications, websites, or other services of Smart11 (hereinafter collectively referred to as the “Service”), you accept and agree to these General Terms and Conditions. The Service is owned and operated by Smart11. These General Terms and Conditions define and govern your rights and obligations concerning the use of the Service.

  1. Binding Nature of the General Terms and Conditions

If you do not agree with the content of these General Terms and Conditions, we request that you refrain from using or seeking access to the Service. Your continued use of the Service constitutes your acceptance of these General Terms and Conditions.

  1. Ownership and Management of the Service

The Service is fully owned and managed by Smart11. All rights, titles, and interests in the Service, including but not limited to intellectual property rights, remain reserved at all times by Smart11.

By using the Service, you confirm that you have read, understood, and agree to be bound by the provisions and conditions set forth herein.

Article 1: General Definitions

  1. Account: A personal user account created by a User to access and use the Service.
  2. Actions: Specific events, not limited to, movements or moments that occur during a sports performance, such as a goal, pass, save, or tactical maneuver.
  3. Admins: Individuals with administrative rights within a club/team who have the authority to upload footage, assign development points, and view and analyze footage via the Smart11 website.
  4. Payment Terms: The conditions under which users must maintain an active (paid) account to access Smart11’s services, including monthly and annual agreements, automatic renewal, and the “Money-back guarantee.”
  5. Updated Terms: Any changes and updates to these General Terms and Conditions that are published by Smart11 and take effect as described in Article 5 of these General Terms and Conditions.
  6. Service: Refers collectively to the (mobile) applications, websites, or other service(s) offered by Smart11.
  7. User: A person or entity that uses Smart11’s services, including Users, admins, and superadmins.
  8. User Content: All data, text, files, information, images, photos, profiles, graphics, copyrighted works, links, and other content or materials transmitted, posted, or displayed by a User on or via the Service.
  9. Username: The unique identification linked to an Account to access the Service.
  10. Development Points: Specific aspects of the game a User wants to improve, set by the User or by a club/team manager.
  11. Private Customer: A User who is responsible for uploading their footage and must be the lawful owner of the uploaded footage.
  12. Spam: Unwanted emails, comments, or other forms of commercial or intimidating communication sent to Smart11 users.
  13. Smart11: Impact Football Company B.V., a company located at Leonard Springerlaan 7, Groningen, registered with the Chamber of Commerce under number 92519938.
  14. Superadmins: Administrators of Impact Football Company who have all the powers of admins and, in addition, the ability to create, modify, or delete clubs/teams/Users.

Article 2: Registration and Account Security

  1. Minimum Age: If you are under 18 years of age, it is assumed that you have obtained consent from a parent or guardian to enter into the agreement and use Smart11’s services.
  2. Responsibility for Activities: You are responsible for all activities that occur through your account. You agree that you will not sell, transfer, or lend your account, username, or other account-related rights.
  3. Accuracy of Information Provided: You declare that all information provided when creating an account is correct, accurate, complete, and up to date and that you will update your account information to keep it accurate and current.
  4. Responsibility for Content: You are solely responsible for your conduct and any data, text, files, information, usernames, images, photos, videos, graphics, copyrighted works, links, and other content or materials (collectively “User Content”) that you transmit, post, or display on or via the Service. If you violate the General Terms and Conditions or pose a legal risk to Smart11, we are entitled to partially or completely terminate the Service to you and cancel your account.

Article 3: Basic Conditions

  1. Disclosure: You may not disclose personal or confidential information via the Service.
  2. Abuse of User Content: You may not post violent, discriminatory, unlawful, infringing, hateful, pornographic, or otherwise sexually explicit User Content via the Service.
  3. Lawful Use: You may not use the Service for illegal or unauthorized purposes and must comply with all applicable laws and regulations, including copyright laws.
  4. Restricting Access to Service: In case of violation of these General Terms and Conditions, we reserve the right to modify or terminate the Service or your access to the Service at any time without prior notice and without liability to you. Where possible, we will warn you in advance of the violation and provide a reasonable opportunity to correct the breach before proceeding with termination.
  5. License and Other Rights: Upon termination, all licenses and other rights granted to you under these General Terms and Conditions will immediately terminate.
  6. Smart11’s Rights: We are entitled but not obligated to remove, modify, block, and/or monitor User Content that we deem in violation of our General Terms and Conditions. Smart11 may remove User Content without prior notice to comply with legal obligations. User Content may be stored by Smart11 but may not be retrievable without a valid court order. It is recommended that Users back up their own User Content.

Article 4: Intellectual Property Rights

  1. Non-transferable: Smart11 grants you a non-transferable license to use the Service.
  2. Modifications: You may not modify, create derivative works, decompile, or otherwise obtain the source code of the Service unless expressly permitted by an open-source license or with written permission from Smart11.
  3. License: You grant Smart11 a non-exclusive, royalty-free, transferable, sublicensable, worldwide license for the User Content you post on or via the Service, in accordance with Smart11’s privacy policy. This license is limited to what is strictly necessary for the delivery of Smart11’s services. User Content will not be used for marketing purposes without your explicit consent.
  4. You Declare and Guarantee That:
    • You are the rightful owner of the User Content you post on or via the Service. If you are not the owner, you confirm that you have all the necessary rights, licenses, permissions, and authorizations to post the User Content and grant the rights and licenses as described in these General Terms and Conditions.
    • The posting and use of your User Content on or via the Service does not infringe on intellectual property rights, privacy rights, or other rights of third parties. This means your content does not contain material that violates others’ rights, including but not limited to copyrights, trademarks, patents, trade secrets, moral rights, privacy rights, publicity rights, or other proprietary rights.
    • You agree to pay all royalties, fees, damages, and other costs related to the User Content you post, on time and in full. This includes all financial obligations arising from the use of protected content, such as music, videos, images, or other works for which licensing fees or other payments are due.
  5. Prohibition of Modification: The Service contains content owned by or licensed to Smart11 (“Smart11 Content”). This content is protected by intellectual property rights. You may not remove, alter, or obscure copyright, trademark, or other proprietary notices embedded in the Smart11 Content.
  6. Trademark/Trade Name Rights: The name “Smart11” and the Smart11 logo are trademarks and trade names of Smart11. They may not be copied, imitated, or used without prior written permission from Smart11. Any unauthorized use of these trademarks and trade names may constitute an infringement of trademark law and trade name law, which may result in legal action.

Article 5: Changes to the Service and General Terms and Conditions

  1. Rights Regarding Changes: Smart11 reserves the right to modify the Service from time to time. We also reserve the right to modify these General Terms and Conditions from time to time. We will publish the updated terms on our website or via the Service and update the “Last Modified Date” at the top of these General Terms and Conditions. For significant changes, we will notify users in advance. By continuing to use the Service after the date of change, you agree to the amended terms.

Article 6: Payment Terms

  1. General: The payment terms form an essential part of the agreement between Smart11 and its users, governing the financial aspects of using the service. These terms apply to all users of Smart11.
  2. Active (Paid) Account: Users are required to maintain an active (paid) account to access and use the services of Smart11, ensuring that only paying users have access to the full functionality of the service.
  3. Monthly Agreement: Offering a monthly agreement allows users flexibility in their use of Smart11 and gives them the opportunity to evaluate monthly whether the service meets their needs.
  4. Annual Agreement with Discount: Users are rewarded with a discount when signing up for an annual agreement.
  5. Termination Options: Users with a monthly agreement retain the right to terminate the agreement on a monthly basis. Users with an annual agreement can only terminate the agreement after the completion of a full year.
  6. Consequences of Termination: Upon termination of your access to the Service or a part of it, the following conditions apply:
    I. If you have an annual subscription, it will automatically renew after the first year, and you can cancel it on a monthly basis. Upon cancellation, you retain access to the Service until the end of the current subscription period.
    II. If you have a monthly subscription, you can cancel it monthly. You will retain access to the Service until the end of the month in which the cancellation occurs.
    You are not entitled to any form of compensation or damages after the termination of your subscription.
  7. Money-back Guarantee: Within the initial period of 30 days of the agreement, users benefit from a ‘Money-back guarantee.’ If they decide to cancel their subscription within this 30-day period, they are entitled to a full refund of the amount paid.
  8. Automatic Payment and Renewal: Smart11 uses automatic payment to collect subscription fees. Users will also have easy access to an option to cancel the automatic renewal, and this will be clearly communicated before the renewal date.

Article 7: Types of Users and Their Rights

  1. Users: This category includes individual athletes using Smart11.
    • 1.1 Private Customer: Users who use Smart11 individually.
      • 1.1.1 Responsibility for Uploading: These Users are responsible for uploading their own footage to the platform.
      • 1.1.2 Ownership of Footage: Private customers must be the lawful owners of the uploaded footage.
      • 1.1.3 Payment Obligation: They are responsible for paying for access to Smart11.
    • 1.2 Part of a Club/Team: Users who are part of a club or team that uses Smart11.
      • 1.2.1 Footage Management: These Users are not responsible for uploading footage; this is done by the club or team.
      • 1.2.2 Payment Arrangement: The costs for accessing Smart11 are paid by the club or team.
  2. Admins: These users have administrative rights within clubs or teams.
    • 2.1 Functions: Admins can perform various tasks, such as uploading footage for Users, viewing footage selected or analyzed by Users, and managing development points for the team.
  3. Superadmins: These are the administrators of Impact Football Company, who have all the powers of admins, but also additional functions such as creating, modifying, or deleting clubs, teams, and Users.

Article 8: User Data and Consent

  1. The results of the analysis of footage of top players, created by users, may be used (anonymously) to calculate averages so that users can learn from the analyses of other users. These averages are only used and shared within the Smart11 environment. User data, even in anonymized form, will not be shared with external parties, except where strictly necessary to provide the services.
  2. The individual analyses of footage of top players and personal data of users may not be shared outside the Smart11 environment. It is strictly prohibited to share or publish this information in any way externally.
  3. Users agree that their anonymous analysis results may be used to calculate averages and for similar purposes within the Smart11 environment, as described in these terms.
  4. All used data is anonymized to protect the privacy of individual users.
  5. These terms apply to all users of Smart11 when using the analysis functions for top player footage.

Article 9: Applicable Law and Dispute Resolution

  1. Applicable Law: These General Terms and Conditions are governed by and interpreted in accordance with the laws of the Netherlands, without regard to conflict-of-law principles. In the event of disputes, we will, where possible, offer alternative dispute resolution options, such as mediation, to resolve conflicts more quickly and cost-effectively before taking legal action.
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