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General Terms and conditions – Updated 2021-02-09
Terms and Conditions (T&C) apply when you enter into an agreement with Sportality AB to use the Sportality Platform service, including all associated functions and features, websites and user interfaces and software associated with our services (collectively hereinafter referred to as "SP" or "Service").
Terms and Conditions apply to all agreements written from 20210201 and are regulated in the agreement. Deviations from the T&C will then be made in the agreement Client entered with Sportality AB.
In the event of a conflict between the T&C and other terms of the agreement Client entered with Sportality, the terms in the agreement between Client and Sportality shall prevail.
Definitions
“Confidential Information” means any and all information of confidential nature supplied by a Party to the other Party, whether in writing, orally, electronically or otherwise, and whether marked as confidential or not.
“Agreement” means an order, contract or other deal in which the Parties agree.
“Contract Period” is defined in agreement.
“Documentation” means usage manuals and other documentation related to the Service in written or electronic form that are supplied by Sportality to the Client, are stored by Sportality Help Desk for the purpose of use of Sportalitys customers or are accessible through the Service.
“GDPR” means EU’s General Data Protection Regulation 2016/679.
“Intellectual Property Rights” means patents, inventions, trademarks, domain names, rights in know-how, trade secrets, copyrights, database rights, rights related to copyrights and any other intellectual and industrial property rights, whether registered or not, and including without limitation the right to amend and further develop the objects of those rights and the right to assign the rights to third parties.
“Service Fee” is defined in separate agreement.
Features of service
The features of the Services provided to the Client are described and specified in the separate agreement.
The Client may make additional orders of features of Services and upgrade the Service tier to a higher tier during the term of the agreement, by using the functionalities within the Services or by making other additional orders. The Service may e.g. include separately priced additional features, services, products or other items which may be priced per item or per feature. All orders and upgrades are subject to Sportalitys acceptance, are priced according to Sportalitys current price list and are governed by the agreement and these Terms. The Client warrants that its users making orders have the right to make the orders. Downgrading to a lower tier with e.g. lower pricing is not possible during the then current agreement period.
Service and support
Subject to the terms of the agreement, Sportality will use commercially reasonable efforts to provide the Client with the Services. Sportality reserves the right to control and refuse over use of registered administrators of the service.
The service is an “as is” or “as available” service. Sportality makes no warranty that the service will meet all requirements of the Client, be error free or timely uninterrupted.
Subject to the terms here of, Sportality will provide the Client with reasonable technical support services via email and Help Desk on reasonable effort basis defined in the agreement.
Sportality´s responsibility for the Services and their functionality is limited to the functionalities of Sportalitys own information systems. Sportality cannot guarantee disruption-free access to the Services, or otherwise guarantee the availability or disruption-free use of the Services. Sportality is not responsible for any restrictions on the use of the Service in any country. The Client shall notify Sportality of Sportalitys breach of Contract without delay and latest within time that enables Sportality to remedy the breach to so as to mitigate the adverse effects caused to the Client by the breach.
Sportality maintains the service on a secure development environment, with suitable redundancy. System maintenance and service updates can be conducted without significant impact on service availability.
Use of the Service
The Partner is granted a non-exclusive, non-transferable and non-sublicensable right to use the licensed Services during the term of the agreement in the Client’s own operations in accordance with the agreement.
The service is accessed via the internet and requires the user to be online. The scope and functionality of the service is governed by the agreement you signed with Sportality. The service is accessed with the login information the Client receive for access to the Service from Sportality.
The service's capacity is what is agreed upon and the addition of additional functionality is agreed with Sportality in a separate agreement, unless these are functions Sportality adds itself as part of the Service's development.
Sportality determines whether requests for added functionality should become part of the service. Access to the service is limited in time, this is governed by your agreement with Sportality.
The Service allows the user to post different types of content in the Service. Users promise to post content that they have the right to publish. The user is solely responsible for the content they publish. Sportality is not responsible for the content. Sportality reserves the right to remove content that Sportality perceives as offensive, racist, discriminatory, illegal or similar in nature.
Change in the Service
From time to time, Sportality may make changes to the Service for valid reasons, such as improving existing functions or features or adding new functions or features to the Service, implementing technical developments and making reasonable technical adjustments to the Service, to ensure the operation of the Service, or Security of the Service, and for legal or regulatory reasons.
When we make any essential changes to the Service, we will provide the Client with a notice that is appropriate to the circumstances by notifying you on your logged in home page. In some cases, we will notify you in advance, and your continued use of the Service after the changes have been made constitutes your approval of the changes. Therefore, we kindly ask you to read all such messages carefully.
Sportality always takes reasonable steps to ensure that the Service works. However, from time to time, technical complications, maintenance, testing or updates may be required. This may result in service interruptions. Sportality works to ensure that the operation and safety of the Service are always of the highest possible quality.
Other clauses defined in the agreement
Pricing
Term and termination
Intellectual property rights
Confidentiality
Reference use
Sub contractors
Changes to terms and notifications
Sportality may change these Terms at any time, upon notice, and Sportality recommends that the Client reviews the Terms regularly. Sportality will notify the Client of any changes Sportality considers material. Agreement always prevails these terms.
