JOGO.AI GENERAL TERMS AND CONDITIONS
1.JOGO.AI, including the JOGO.AI website and application (the JOGO.AI Platforms), developed by SportsTalentVision B.V., a limited liability company incorporated under the laws of the Netherlands, having its office address at Stroombaan 4 (1181 VX) Amstelveen, the Netherlands and registered with the Chamber of Commerce under number 77907280 (JOGO.AI), is an
2.The JOGO.AI Platforms may only be used in compliance with these general terms and conditions (the General Terms). These General Terms shall govern the use of the JOGO Platforms (the Use). By using the JOGO Platforms, you shall undertake to comply with the effective General Terms.
3.If you do not accept the General Terms, we kindly advise you to abstain from the Use of the JOGO.AI Platforms.
5.The Customer of the JOGO.AI Platforms shall be solely responsible and liable for ensuring that all persons participating on its behalf and/or at its request in the Use of the JOGO.AI Platforms have provided all consents and commitments required by JOGO.AI and Dutch law.
6.The Customer shall be solely responsible and liable on behalf of itself and any persons participating/using the JOGO.AI Platform on behalf and/or at the request of the Customer for complying with any and all laws, rules, regulations, tax liabilities and authorities’ orders that may become applicable for using the JOGO.AI Platforms.
7.The Customer may not directly or indirectly Use or utilise of the JOGO.AI Platforms or any related content for any other purposes than the purposes expressly defined in these General Terms. Further, the Customer may not Use the JOGO.AI Platforms in a manner that is not in compliance with the good practice; or infringes other users’ or third parties’ right to privacy or any other rights; or disturbs or damages the JOGO.AI Platforms, JOGO.AI, any of its shareholders and/or employees and other members or any other third party. The Customer shall ensure that the users do not infringe the aforementioned provision for their part.
8.The Customer shall accept sole responsibility for any and all data uploaded in the JOGO.AI Platform by it or any users/persons on behalf of the Customer. The Customer shall undertake to ensure by any means available to them that the data provided for Use of the JOGO.AI Platforms by it or any persons on behalf and/or at the request of the Customer is correct and exact and that all provided material complies with the law and the good practice.
9.JOGO.AI shall reserve the right to use, edit, delete or transfer any data in the JOGO.AI Platforms or data uploaded to JOGO.AI Platforms with an unilateral decision and without prior notice if the data or data group can be considered illegal, erroneous, unprecise, inappropriate or conflicting with these General Terms, the Use, the purpose of the contract/order between JOGO.AI and the Customer and/or any other applicable laws.
Access rights to the JOGO.AI Platforms and their contents
10.As part of the Use of the JOGO.AI Platforms, JOGO.AI shall grant the Customer and the users/persons using the JOGO.AI Platforms on behalf of the Customer on the JOGO.AI Platforms a limited license to Use for personal purposes in compliance with the purposes of these General Terms, the contract/order entered into between JOGO.AI and the Customer relating to the JOGO.AI Platforms. The Customer and any users/persons using the JOGO.AI Platform on behalf of the Customer shall not be granted (in whole or in party) any rights, including access rights, to the software behind the JOGO.AI Platforms (the “source codes”).
11.The Customer accepts and understands that the access right to Use the JOGO.AI Platforms shall not grant any right to use, disclose or to give permission to use or publish any content set out in the JOGO.AI Platforms that has not been publicly presented by or on behalf of JOGO.AI.
12.The Customer accepts and understands that it and any persons/users using the JOGO.AI Platform on behalf of the Customer shall not have the right to resell or other commercially utilise the JOGO.AI Platforms and/or their contents.
13.JOGO.AI reserves the unilateral right to delete any content from the JOGO.AI Platforms and to limit any access right to the JOGO.AI Platforms at any time and for any reason (including preventing a single user from Use of the JOGO.AI Platforms).
Intellectual property rights
14.JOGO.AI solely and exclusively owns any and all intellectual property rights, title or interests in and to (the use of) the JOGO.AI Platforms, the related content, equipment and overall concept, regardless of whether or not (i) this right to immaterial property has been registered or capable of being registered; and (ii) this rights are developed or provided by any party (the IP Rights)
15.JOGO.AI reserves any and all rights to its IP Rights. For the avoidance of any doubt, any right to such IP Right shall not be transferred, disclosed, formed, or created to/for the Customer, except for the limited access right JOGO.AI grants to its Customer.
16.By making any content available in the JOGO.AI Platforms during the Use of the JOGO.AI Platforms or otherwise in connection with JOGO.AI Platforms, the Customer and/or any user/person on behalf of the Customer hereby irrevocably grants JOGO.AI a global, irreversible, permanent, non-exclusive, transferrable, royalty-free license tore-license, edit and use this content in any way for any purposes. If JOGO.AI edits this content or combine it with material protected by the IP Rights in a way that
results in a modification of the content, these kinds of works and modifications shall be deemed JOGO.AI’s property and protected by and under the IP Rights.
17. Nothing in these General Terms, constitutes a waiver or whatsoever of JOGO.AI’s IP Rights under any law.
18.If the Customer or any person on behalf of the Customer contacts JOGO.AI with any suggestions or feedback data regarding the JOGO.AI Platforms, which may include suggestions for, or feedback concerning, customizations, features, improvements, modifications, corrections, enhancements, derivatives or extensions (collectively, the Feedback), such Feedback shall be deemed to be the sole and exclusive property of JOGO.AI and JOGO.AI will be free to adopt such Feedback for any of its products or services, including but not limited to the JOGO.AI Platforms, use it in any other manner, disclose, reproduce, license or otherwise distribute and exploit the Feedback as it sees fit, entirely without obligation or restriction of any kind on account of intellectual property rights or otherwise. You hereby waive any right to the Feedback, including but not limited to, any right for royalties or any other consideration, and undertake to treat the Feedback as Confidential Information (as defined below) of JOGO.AI.
Use of the JOGO.AI Platforms: profile creation
19.The data JOGO.AI collects varies depending on the services and properties that the Customer uses. Using the JOGO.AI Platforms always requires creating a profile.
20.When the Customer creates a profile in the JOGO.AI Platforms, the Customer must enter the following basic information: name (first and last name), email address, home country, date of birth, player’s height and weight. Optional profile information includes nickname and team. An individualised JOGO.AI Platforms’ user ID is created based on the provided profile information (email address). Device registration is linked to the user ID.
21.The JOGO.AI Platforms will help the Customer monitor his or his designated persons’ activities and practice by collecting various data on, for example, the number of steps/distance travelled, the number and quality of ball touches (left/right). The JOGO.AI Platforms’ metering are activated by motion and the results can be analysed with a mobile phone application. In order to provide the Customer with the best possible Service, JOGO.AI automatically collects and uploads statistical data on the performance and your use of the JOGO.AI Platforms to the server.
23.The Customer can view and manage the data using JOGO.AI Platforms. The software behind the JOGO.AI Platforms allows the Customer to view and update your profile information, manage connected applications and examine past activities, for example. The Customer can also remove activity data from JOGO.AI Platforms. When you remove a certain activity, the event is removed from the JOGO.AI Platforms . However, the basic data collected by the sensors will remain in the JOGO.AI Platforms. The Customer may cancel its JOGO.AI Platform Accountat any time by contacting the customer support of JOGO.AI.
24.JOGO.AI may use the name of the club for which the Customer is playing for its own marketing purposes in relation to the JOGO.AI Platforms.
26.A prerequisite for using the JOGO.AI Platform is that a parent or other holder of parental responsibility provides consent for collecting and processing data concerning a minor as well as for sharing it with team mates and the coaching team. This consent is automatically obtained by accepting the General Terms, please contact Frank@jogo.ai if the Customer explicitly has not and will not obtain such consent.
28.The data generated by JOGO.AI from Customers can be used for generating summarised statistics.
29.When registering to the JOGO.AI Platforms, the Customer has granted the permission to share their data with the team’s coach(es), teammates and the person responsible for the club’s coaching or to a person in a similar position. If the Customer/user is a minor, a consent of the user’s parent has been requested for sharing the user’s data in the aforementioned manner.
30.The JOGO.AI Platforms and the use thereof shall comply with any specifications agreed for a period of sixty (60) days from the date of delivery or registration; and that any devices supplied hereunder will be of satisfactory quality and will comply with any specifications agreed for them for a period of 12 months from the date of delivery or registration, as may be extended if agreed in writing by JOGO.AI (such periods, collectively, the Warranty Period). The foregoing limited warranty does not apply if the device: (a) has been altered, except by JOGO.AI; (b) has not been installed, operated, repaired, or maintained in accordance with JOGO.AI’s instructions; (c) has been subjected to abnormal physical or electrical stress, misuse, abuse, negligence or accident; (d) has been combined with a product or software not provided by us; (e) has been damaged by causes beyond our control; or (f) has been used not in compliance with these General Terms. If you notify JOGO.AI in writing, within the applicable Warranty Period specified above, of a warranty claim, we will repair or replace the defective defects component(s) with new or refurbished part(s), all at no additional charge to you. Any repairs, fixes or replacement parts provided as part of the foregoing warranty service are warranted for the remainder of the Warranty Period, as then in effect. OTHER THAN THE WARRANTIES SET FORTH, THE SERVICES ARE PROVIDED “AS IS”, AND JOGO.AI DISCLAIMS, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ANY AND ALL
WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT OF THIRD PARTY RIGHTS, INCLUDING INTELLECTUAL PROPERTY RIGHTS. JOGO.AI WILL NOT BE LIABLE OR RESPONSIBLE FOR: (A) ANY TECHNICAL PROBLEMS OF THE INTERNET (INCLUDING WITHOUT LIMITATION SLOW INTERNET CONNECTIONS OR OUTAGES); AND/OR (B) ANY ISSUE THAT IS ATTRIBUTABLE TO YOUR HARDWARE OR SOFTWARE OR YOUR INTERNET OR DATA SERVICES. JOGO.AI DOES NOT OFFER A WARRANTY OR MAKE ANY REPRESENTATION REGARDING ANY CONTENT OR INFORMATION AVAILABLE THROUGH JOGO.AI PLATFORMS. YOUR USE OF AND RELIANCE UPON THE JOGO.AI PLATFORMS ARE ENTIRELY AT YOUR SOLE DISCRETION AND RISK, AND JOGO.AI SHALL HAVE NO RESPONSIBILITY OR LIABILITY WHATSOEVER TO YOU OR TO ANY THIRD PARTY IN CONNECTION WITH ANY OF THE FOREGOING. JOGO.AI DOES NOT OFFER A WARRANTY OR MAKE ANY REPRESENTATION REGARDING ANY IMPROVEMENT (OR LACK THEREOF) OF ANY TEAM MEMBER’S SKILLS AND PHYSICAL OR ATHLETIC CAPABILITIES. YOU HEREBY ACKNOWLEDGE THAT YOUR USE OF THE JOGO.AI PLATFORMS IS VOLUNTARY AND AT YOUR OWN RISK, AND YOU AGREE THAT JOGO.AI WILL NOT BE HELD RESPONSIBLE OR LIABLE FOR ANY CONSEQUENCES (SUCH AS, BUT NOT LIMITED TO, HEALTH PROBLEMS, PERSONAL INJURY, OR DEATH) TO YOU OR ANY THIRD PARTY THAT RESULT FROM YOUR USE OF (OR INABILITY TO USE) THE JOGO.AI PLATFORMS, INCLUDING WITHOUT LIMITATION WHERE SUCH CONSEQUENCES RESULT FROM TECHNICAL, INTERNET OR TELECOMMUNICATIONS PROBLEMS (SUCH AS SLOW CONNECTIONS, TRAFFIC CONGESTION OR OVERLOAD OF JOGO.AI’S OR THIRD PARTY SERVERS). NEITHER JOGO.AI NOR ITS PERSONNEL ARE LICENSED MEDICAL CARE PROVIDERS, AND THEY HAVE NO EXPERTISE IN DIAGNOSING, EXAMINING, OR TREATING MEDICAL CONDITIONS OF ANY KIND, OR IN DETERMINING THE EFFECT OF ANY SPECIFIC EXERCISE ON A MEDICAL CONDITION. YOU HEREBY ACKNOWLEDGE THAT NO MEDICAL OR SIMILAR PROFESSIONAL ADVICE IS PROVIDED (OR PURPORTED TO BE PROVIDED) VIA THE SERVICES, AND THE SERVICES SHOULD NOT BE USED OR RELIED UPON IN PLACE OF CONSULTING (OR OTHERWISE SEEKING ADVICE FROM) A QUALIFIED AND LICENSED MEDICAL PROFESSIONAL, SUCH AS YOUR PHYSICIAN OR CERTIFIED SPORT TRAINER SUCH AS A COACH, SPORT SCIENTIST OR PERFORMANCE EXPERT. SEEK PROFESSIONAL ADVICE BEFORE FOLLOWING ANY TRAINING INSTRUCTIONS YOU RECEIVE THROUGH THE DEVICE OR PARTICIPATING IN ANY EVENT ANNOUNCED THEREON. NOT ALL EXERCISES OR ACTIVITIES THAT MAY BE SPECIFIED ON THE DEVICE ARE SUITABLE FOR EVERYONE. NEVER DISREGARD PROFESSIONAL MEDICAL ADVICE OR DELAY IN SEEKING IT BECAUSE OF SOMETHING YOU HAVE READ ON OR THROUGH JOGO.AI PLATFORMS. YOU SHOULD UNDERSTAND THAT WHEN PARTICIPATING IN ANY EXERCISE OR EXERCISE PROGRAM, THERE IS THE POSSIBILITY OF PERSONAL INJURY AND/OR DEATH. IF YOU THINK YOU MAY HAVE A MEDICAL EMERGENCY, CALL YOUR PHYSICIAN OR EMERGENCY SERVICES IMMEDIATELY. IF YOU FEEL DISCOMFORT OR PAIN, IMMEDIATELY STOP THE ACTIVITY CAUSING SUCH DISCOMFORT OR PAIN.
Limitation of liability
31.In no event will JOGO.AI be responsible and liable for any special, incidental, punitive or consequential damages, or for any loss of use, data, goodwill, business, profits, use of money, interruption in use or availability of data, stoppage of other work or impairment of other assets, fines or penalties for noncompliance arising out of or in connection with the Use of the JOGO.AI Platforms, whether or nut such liability arises from any claim based on contracts, warranty, confidential information, tort (including negligence and willful misconduct), strict liability or otherwise, and whether or not JOGO.AI (and its licensors) has been advised of the possibility of such loss or damage. In addition, JOGO.AI’s total cumulative liability from all causes and actions in connection with or arising out of these General Terms and (the use of) the JOGO.AI Platforms will be limited to and will not exceed the fees paid to us by the Customer during the preceding 12 months from the date giving rise to the claim.
32.Customer agrees to defend, indemnify and hold harmless JOGO.AI, its affiliates, and its respective officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs and expenses (including but not limited to attorney's fees) arising from: (i) any data or information provided by Customer or persons using the JOGO.AI Platforms on behalf of the Customer; (ii) any claim against JOGO.AI by any those persons using the JOGO.AI Platforms on behalf of the Customer; (iii) violation of any applicable laws or regulations (including, without limitation, applicable privacy laws) by Customer or any those persons using the JOGO.AI Platforms on behalf of the Customer; (iv) violation of any third party right, including without limitation any copyright, property, or privacy right by Customer or any those persons using the JOGO.AI Platforms on behalf of the Customer; (v) Customer’s failure to comply with the obligations applicable to it under the GDPR and/or data protection laws or regulations. Without derogating from or excusing your obligations under this clause, JOGO.AI reserves the right (at your expense), but is not under any obligation, to assume the exclusive defense and control of any matter which is subject to an indemnification by you if you choose not to defend or settle it. The Customer agrees not to settle any matter subject to an indemnification by you without first obtaining JOGO.AI’s express written approval.
33.Each party agrees to keep confidential and to use only for purposes of performing its obligations under these General Terms, any proprietary or confidential information of the other party disclosed pursuant to these General Terms (the Confidential Information). The obligation of confidentiality shall not apply to information which is publicly available through authorized disclosure or which is required by law, government order or request to be disclosed (provided that the receiving party shall give written notice to the other party prior to such disclosure and reasonably cooperate, at the objecting party’s expense, to take legal steps to resist or narrow such request).The Customer acknowledges that the JOGO.AI Platforms and any information in connection therewith shall be deemed JOGO.AI ‘s Confidential Information.
34.These General Terms shall be governed by and construed in accordance with the laws of the Netherlands and the competent courts located in the Netherlands shall have jurisdiction over any dispute arising from these General Terms.
35.JOGO.AI reserves the right to unilaterally modify these General Terms at any time by publishing the revised General Terms on JOGO.AI’s website, available at: https://jogo.ai. Such change will be effective five (5) days following the foregoing notification thereof, and the continued Use of the JOGO.AI Platforms by the Customers or any part thereof thereafter means that the Customer accept those revised changes.
36.If any provision, or part thereof, of these General Terms are held to be unenforceable for any reason, such provision shall be reformed only to the extent necessary to make it enforceable and such reform shall not affect the enforceability of such provision under other circumstances, or of the remaining provisions hereof under all circumstances. These General Terms and any other legal notices published by JOGO.AI in connection with the (use of) the JOGO.AI Platforms shall constitute the entire agreement between the Customer and JOGO.AI concerning the JOGO.AI Platforms. No waiver of any term of these General Terms shall be deemed a further or continuing waiver of such term or any other term, and a party’s failure to assert any right or provision under these General Terms shall not constitute a waiver of such right or provision. The Customer herewith agrees that any cause or action that may arise or have arisen out of or related to the JOGO.AI Platforms must commence within one (1) year after the cause or action accrues. Otherwise, such cause or action is permanently time-barred.