Terms and conditions

Terms and Conditions

These Terms and Conditions of Use (hereinafter, «the General Conditions») govern the access and use of this app (hereinafter, the «App»), as well as the contracting of services through it. The simple access to the App attributes to the person who performs it the condition of User of the App (hereinafter, «the» User «) and implies the acceptance of all the terms included in these General Conditions. In case of not agreeing with these General Conditions, the User must immediately abandon the App without using it. By means of the acceptance of these General Conditions, the User states: Have read and understood what is stated here. That, if he/she is willing to hire a service, has sufficient capacity to do so. In case that it is arranged to contract some service in the name of some entity, it has sufficient power of representation for it. That assumes all the obligations set forth herein.

1.- General information of the App

Owner: Tech Smart Sports Connector Corp. (hereinafter, «TSSC»). Address: West 14th Street, New York – NY 10011, USA. E-mail: [email protected].

2.- Modes

02.1.TSSC Academy

02.1.1.User Types

There are the following categories of User in TSSC Academy Mode:

Coach User: Person registered in the App as a sports technician and/or sports academy, who will have the possibility of registering students and/or players to manage their performance, monitor their progress, create the trainings etc. Also it will can view and comment on news, publications and events that occur within the App.

Player User: Person registered in the App as a player, which may share sports statistics and publications with other users of the App. Also it will can view and comment on news and events that occur within the App, as well as consult the activity of other Player Users.

When the User is under 13 years old, it will be his/her respective legal guardians who will include and register him/her in the App. In addition, the consent of said legal tutors will be required in order to share their physical control and performance data with the Coach User. The Coach User may use sports data that are not considered sensitive without the need for any permission.

Guardian User: Person registered in the App as a legal guardian, mother/father of the Player User. The Guardian User will be able to control all the activity that his/her child (User Player) develops in the App, with the exception of the Chat, which will only be visible by the User Player himself. It will can also check the physical control and performance data of the Player User. Guardian User will can also view and comment on news, publications and events that occur within the App.

Organizer User: Person or entity registered in the App as an Organizer, which may create tournaments, leagues and/or competitions; invite Coach Users to participate with their teams in the scheduled events, as well as publish news and events that take place.

Fan User: Person registered in the App as a fan, who can have access to all the information about the competitions that have been organized and about the teams and players that participate in them.

02.2.TSSC Competitive

02.2.1.User Types

There are the following categories of User in TSSC Competitive Mode:

Club Manager User: Person or entity registered in the App as a Club Manager, who is invited to a tournament, league and/or competition by the Organizer User. Said Club Manager User may register the players of his/her corresponding Club in the App or, on the other hand, share his/her account with the coaches, in order for them to register the players in their charge.

Sports Auditor User: Person or entity registered in the App as referee, judge, etc., which may access the functions of the App with the aim of safeguarding the rules and sports regulations applicable to tournaments, competitions and/or matches.

Fan User: Person registered in the App as a fan, who can have access to all the information about the competitions that have been organized and about the teams and players that participate in them.

Any reference made simply to the «User» or to the «Users» in these General Conditions shall be understood to be made indistinctly to all the User typologies described in this section.

3.- App rules

The User is obliged to use the App and all its content and services in accordance with the provisions of law, morals, public order and these General Conditions, not using them to carry out illicit or criminal activities that violate the rights of third parties and/or that violate any regulation of the applicable legal system.

The User agrees to:

I Do not introduce or disseminate content that is racist, xenophobic, pornographic, apology of terrorism or that violates human rights.

II Do not introduce or disseminate on the network data programs (viruses and harmful software) that may cause damage to the computer systems of the access provider, its suppliers or third-party Internet users.

III Not to disseminate, transmit or make available to third parties any type of information, element or content that violates fundamental rights and public freedoms recognized constitutionally and in international treaties

IV Not to disseminate, transmit or make available to third parties any type of information, element or content that constitutes illicit or unfair advertising.

V Not transmit unsolicited or unauthorized advertising, advertising material, «trash mail», «chain mail», «pyramidal structures», or any other form of solicitation, except in those areas (such as commercial spaces) that have been exclusively conceived for it.

VI Do not introduce or disseminate any false, ambiguous or inaccurate information and content in a way that misleads the recipients of the information.

VII Do not impersonate other Users using their registration keys to the different services and/or contents of the App.

VIII Not to spread, transmit or make available to third parties any type of information, element or content that involves a violation of the rights of intellectual and industrial property, patents, trademarks or copyright that correspond to the owner of the App or to third parties.

IX Not to spread, transmit or make available to third parties any type of information, element or content that supposes a violation of the secrecy of the communications and the legislation of protection of personal data.

The User undertakes to hold TSSC harmless against any possible claim, fine, penalty or sanction that may be required to be borne as a result of the User’s failure to comply with any of the aforementioned rules of use, and TSSC also reserves the right to request the compensation for damages that correspond.

TSSC reserves the right to cancel the account of those Users who make an inappropriate use of the App or do not respect the observations and prohibitions provided in these General Conditions.

4.- Public Data

Most of the activity in the App is public, which includes part of the activity carried out by the User in the App. The information published about the User by other people who use our services may also be public. For example, other people can tag you in a photo (if your configuration allows it) or mention it in a publication.

The User is responsible for their publications and other information provided through the App and must think carefully what to publish, especially if it is sensitive information.

In addition to providing its public information, TSSC also uses technologies such as application programming interfaces (APIs) and integrations to allow this information to be used by websites, apps and others (for example, to display publications on a news website or analyze what people comment on the App).

5.- Chat

TSSC provides certain features that allow the User to communicate in a more private way or in a way that controls who sees their content. For example, the User can use the Chat to hold conversations that are not public in the App. When the user communicates with others by sending or receiving Messages, TSSC will store and process their communications and related information.

This includes the scanning of links to detect malicious content, detection of spam and forbidden images and review of reported issues. TSSC also uses information about who has been contacted and when (but not the content of these communications) to better understand the use of the App’s services, protect the security and integrity of our platform and display more relevant content.

TSSC will share the content of its messages with the people to whom it was sent. When the User uses features such as the Chat to communicate with the recipients, he or she must remember that the recipients have their own copy of their communications in the App (even if the User deletes their copy of those messages from their account), which they can duplicate, store or share.

6.- Content and services linked through the App

The App may contain technical linking devices, directories and even search tools that allow the User to access other Internet pages and portals (hereinafter, «Linked Sites»). In these cases, TSSC will only be responsible for the contents and services provided in the Linked Sites to the extent that it has effective knowledge of its illegality and has not deactivated the link to them with due diligence. In the event that the User considers that there is a Linked Site with illicit or inappropriate content may communicate to TSSC, without in any case this communication entails for TSSC the obligation to remove the corresponding link.

In any case the existence of Linked Sites must presuppose the formalization of agreements between TSSC and those responsible or owners thereof, as well as the recommendation or promotion of the Linked Sites and/or its contents by TSSC.

Unless otherwise expressly indicated in the App, TSSC does not know the contents and services of the Linked Sites and, therefore, is not responsible for the damages that its illegality, quality, outdated, unavailability, error and uselessness may produce the User or any third party.

7.- Purchasing in the App

07.1.Main characteristics of the goods and services

The main characteristics of the goods and services offered through the App can be found in the descriptive sheet with which they are presented.

07.2.Purchase procedure

The language in which the purchase can be formalized is Spanish and English.

The procedure to purchase products through the App will be described in the platform through which the purchases are made. TSSC will keep electronic proof of the contracting carried out by the User, who may consult his history of purchases made through his account.

07.3.Delivery of orders

The delivery of the goods is subject to the delivery times of the supplier.

07.4.Price, methods of payment and shipping costs

The prices indicated for each product in its corresponding file include, unless otherwise indicated, the Value Added Tax (VAT) and, in any case, are expressed by default in currency €. Said prices, unless expressly indicated otherwise, do not include shipping costs, shipping insurance or any other additional services and attachments to the product or service purchased.

07.5.Payment and shipping methods available in the App

Both will be those described in the platform itself.

07.6.1.Period of exercise

The User has the right to withdraw from the contract signed through the App within a period of 14 calendar days without the need for justification.

In case of a purchase contract, the withdrawal period will expire 14 calendar days from the day on which the User or a third party indicated by him, other than the carrier, has acquired the material possession of the goods.

In case of delivery of a good composed of multiple components or parts, the withdrawal period will expire 14 calendar days from the day on which the User or a third party indicated by him, other than the carrier, has acquired the material possession of the last component or piece.

To exercise the right of withdrawal, the User must notify TSSC of its decision to withdraw from the contract through an unambiguous declaration (for example, a letter sent by postal mail, fax or email).

To comply with the withdrawal period, it is sufficient that the User’s communication regarding the exercise of this right be sent before the corresponding term expires.

07.6.2.Consequences of withdrawal

In case of withdrawal, TSSC will return all payments that it has received from the User, including delivery costs (with the exception of additional costs resulting from the User’s choice of a delivery method different from the less expensive delivery method ordinary offered by TSSC) without undue delay and, in any case, no later than 14 calendar days from the date on which the User informs TSSC of his decision to withdraw from the contract. TSSC will proceed to make said refund using the same payment method used by the User for the initial transaction, unless expressly provided otherwise. In any case, the User will not incur any expenses as a result of the refund. TSSC may withhold the reimbursement until the goods have been received, or until the User has presented proof of the return of the goods, depending on which condition is met first.

The User must return or deliver the goods directly to TSSC, without undue delay and, in any case, no later than within 14 calendar days from the date on which he communicates his decision of withdrawal of the contract. The deadline will be considered fulfilled if you return the goods before the deadline has expired. The User must bear the direct cost of returning the goods.

The User will only be responsible for the decrease in the value of the goods resulting from a manipulation different from that necessary to establish the nature, characteristics and functioning of the goods.

8.- Intellectual and industrial property

All the contents of the App, understood by these as merely enunciative texts, photographs, graphics, images, icons, technology, software, links and other audio-visual or sound content, as well as their graphic design and source codes, are the intellectual property of TSSC or third parties, without which any of the exploitation rights recognized by the regulations in force regarding intellectual property over them can be understood to be assigned to the User.

Through its registration in the App, the User acquires a license for non-exclusive use of the service offered therein, limited to the characteristics and purposes described in the corresponding service modality contracted by the User.

The User declares to be the sole author of all photographs, images, texts and/or comments published or uploaded in the sections of the App arranged for that purpose, guaranteeing that the use thereof in the App does not infringe the rights of any third.

The trademarks, trade names or distinctive signs published in the App are owned by TSSC or third parties, without it being understood that the User has been granted any right over them.

9.- Password

The registered User will be responsible at all times for the custody of his/her password, assuming consequently any damages that may be derived from its improper use, as well as the assignment, disclosure or loss of the same. For these purposes, the access to restricted areas and/or the use of the services and contents of the App made under the password of a Registered User will be considered made by said Registered User, who will respond in any case of said access and use.

10.- Correction and identification of errors in data entry

When the User forgets to fill in any information indicated as mandatory in the corresponding form, he/she will not be able to advance in the validation process until it has been completed. A message on the screen will warn you of this circumstance.

Registered Users may modify and/or update their data at any time by accessing their profile within the «my account» section of the App.

11.- Claims and requests for information

The User can address their claims or requests for information to TSSC using any of the following methods:

Sending a letter to Tech Smart Sports Connector Corp., C/ Valentín Beato – Nº 4, 4º 28037 – Madrid (Spain).

Sending an email to [email protected].

TSSC will respond to complaints and requests received in the shortest possible time.

12.- Liability

TSSC is not responsible for the damages produced in the software and computer equipment of the User during the use of the services offered in the App, nor of the damages or prejudices of any kind produced in the User that bring cause of failures or disconnections in the networks of telecommunications that produce the suspension, cancellation or interruption of the service during the provision thereof or prior.

TSSC does not guarantee or make any representation about the suitability of the services offered in the App for the purposes pursued by the User.

TSSC is not responsible for the content or material published through the App or obtained through them, or any use you make of them, provided they have been produced by the Users.

The User understands that when using the App, he may expose himself to content that may be offensive, harmful, inaccurate or inappropriate in any other way, or in some cases, to publications that may have been misinterpreted or that may be misleading of any another way. All Content is the sole responsibility of the User that produces it. TSSC does not monitor or control the content published through the App. In this way, TSSC reserves the right to remove content that breaches the provisions of this, such as violations of copyright or trademarks, impersonation of identity, unlawful conduct or harassment.

TSSC is not responsible for the damages caused by the third parties in the provision of services.

In any case, the liability of TSSC will be limited to the malicious and direct damages that the User may suffer, excluding loss of profits and consequential damages, only when they have been directly caused by TSSC.

13.- Changes in the App

Due to the effort to keep its services in constant evolution, TSSC reserves the right to modify or update the App and the services offered through it at any time. When the modification or update involves a substantial modification of the service conditions contracted by the User, it shall be notified at least 30 days before its entry into force. Notification to the User will be made, at least, by message on screen or email. If the user do not present any objection within that period, will be understood as in agreement with the modifications done.

14.- Nullity and ineffectiveness of the clauses

If any clause included in these General Conditions is declared totally or partially, null or ineffective, such nullity or ineffectiveness will only affect said provision, subsisting these General Conditions in everything else.

15.- Applicable law and jurisdiction

These General Conditions will be governed and interpreted in accordance with American legislation.