Terms of Service

Effective date: Jun 7, 2022

Applicability

These terms and conditions (hereinafter “T&Cs”) govern the contractual relationship between UnderSports LLC, registered in Ukraine, Kyiv, 25 Symyrenka st., 03134, registration #44735297 (hereinafter “UnderSports”, “we”, “us”, “our”) and the users of its services (“customer”, “user”). Terms of use other than these T&Cs do not become part of the contract unless UnderSports expressly agrees to them.

 

The subject of the Contract

The services provided by UnderSports and as such are subject to these T&Cs, including the use of the UnderSports platform during a trial phase and as a paying customer and the moves board application. The services provided by UnderSports are specially designed to support football coaches in the preparation, performance, and analysis of practice and/or matches.

For this purpose, UnderSports offers its users free platform trials and different subscription packages that differ in pricing and extent of functionalities. The prices and functionalities can be adjusted by UnderSports anytime without providing previous notice to the user.

Conclusion of the Contract

In order to use the services of UnderSports, it is required to register and open a user account. The user assures that all data which he/she is obliged to provide during registration is true and complete. In addition, the user assures to keep the password chosen secret.

Creating a paid subscription to the platform constitutes the user’s binding offer to conclude a contract. During the registration process, the users are asked to agree to these T&Cs and UnderSports’s privacy policy.

 

– Trial subscription –

After the registration user can create an organization for his/her club or academy. UnderSports offers a free trial subscription for organizations with one team. This trial subscription allows the free use of the UnderSports services. With a trial subscription, some features of the platform can be limited. The registration for the free trial also constitutes the conclusion of a contract.

Obligations of the User

The customer is obliged to pay the respective subscription fees for the use of our services. Subscription is paid for each organization with more than one team related to this organization.

Subscription payments that are invoiced (e.g. bank transfer) have to be paid by the customer within 30 days after the invoice was issued. If invoiced payments have not been performed, the respective organization will be blocked until the payment could be successfully processed.

The user is not allowed to upload and/or make publicly available copyrighted, trademark-protected, or otherwise protected third party content, e.g. pictures, videos, animations, texts, or drawings via the services provided by UnderSports – unless the third party concerned has expressly agreed to this.

The content uploaded and/or published by users is not checked by UnderSports for legality, accuracy, completeness, or expediency. In this respect, the user uploading the content is solely responsible and has to ensure that the content is legal does not violate applicable laws, and does not infringe any third-party rights. It is the responsibility of the user to obtain consent from third parties (e.g. players) to enter/upload their personal information to our applications.

Upon becoming aware of any violation of law, such content will be deleted immediately by UnderSports.

Cancellation Right / Cancellation Policy

Customers have the right to cancel the contract concluded between them and UnderSports anytime without giving reasons. The customers can exercise the cancellation right by sending an e-mail to info@undersports.club.

In the case of a cancellation, UnderSports is not obliged to refund payments already received from the customer (e.g. if a customer cancels a paid annual subscription after six months).

After the cancellation, UnderSports will store customer data for 90 days. After this period can delete all data stored for the subject organization.

 

Term and Termination of Contract

The term of the contract between UnderSports and the user is not limited. The user may terminate the contract according to the Cancellation Policy clause.

If a customer is in violation of any clause outlined in the “Prohibited Use” or “Obligations of the User” clauses, UnderSports is allowed to block the customer and its user accounts with immediate effect.

Upon termination of the account, the customer and its users may lose all access to the services and any portions thereof, incl. the data and content.

The above provisions shall not affect the right of both parties to terminate the contract for a good cause.

 

Changing a Subscription

A change of the subscription package (upgrade or downgrade) is possible at any time. In such a case, the subscription fee will be adjusted to the new fee in the subsequent billing period (month/year).

In the case of a subscription change, UnderSports is not obliged to refund payments already received from the customer (e.g. if a customer downgrades a paid annual subscription after six months).

Prohibited Use

The customer may use the website only for lawful purposes and in accordance with these Terms and Conditions. The customer agrees not to use the website:

  • In any way that violates any applicable federal, state, local, or international law or regulations.

  • To save or upload data to our services that violate data protection laws, that is illegal or that is in any other form unethical or inappropriate (e.g. Bullying, Harassment, Defamation).

  • To engage in any conduct that restricts or inhibits anyone’s use or enjoyment of our services, or which, as determined by us, may harm UnderSports or users of the services.

  • Use the services in any manner that could disable, overburden, damage, or impair the service.

  • Use any robot, spider, or other automatic devices, process, or means to access the services for any purpose, including monitoring and copying our digital solutions or any of its material/content.

  • Use any manual process to monitor or copy our digital solutions and any of its material/content or for any other unauthorized purpose without our prior written consent.

  • Use any device, software, or routine that interferes with the proper working of our services, incl. introducing any viruses, trojan horses, worms, logic bombs, or other material which is malicious or technologically harmful.

 

Copyright and other Intellectual Property Rights

All content, information, pictures, databases, etc., published on app.undersports.club or the apps provided by UnderSports, are protected by copyright and/or other intellectual property rights. The use is only allowed within the scope of the contractual use. Any further use, such as copying, distribution, or publication, especially for commercial purposes, is expressly prohibited.

 

Limitation of Liability

UnderSports will do everything possible to ensure the proper functioning of its website and app at all times. However, uninterrupted availability cannot be guaranteed. Functionality and availability may be interrupted, for example, by necessary maintenance work, internet-related malfunctions, or hacker attacks.

UnderSports shall be liable for damages caused by intentional or negligent injury to life, body or health. Liability for direct property damage and financial loss culpably caused by UnderSports in the performance of the services is limited to the amount of one annual subscription fee.

In other cases, UnderSports shall be liable only in case of violation of a so-called cardinal duty to the maximum amount of the customer’s annual subscription fee. Cardinal duties are such basic duties that form the essence of the contract, which were decisive for the conclusion of the contract and on the adherence of which the user may rely on.

Any more extensive liability of UnderSports is excluded on the merits.

 

Data Privacy and Protection

Unless otherwise specified, UnderSports and its customers must adhere to the UnderSports Privacy Policy.

 

Reference

We assume that we are allowed to refer to the present customer relationship in an appropriate form on our website and in publications (e.g. logo placement, reference lists) after the payment of a subscription, limited to the period of use of UnderSports. If the customer does not agree with this, we kindly ask for a corresponding note.

 

Services for other customers

UnderSports provides services to a variety of coaches and clubs. Therefore, it is possible that some of our customers may be in direct competition with each other or have interests that conflict. The present business relationship does not prevent or restrict us from providing services to other customers. However, UnderSports has to implement appropriate internal policies and procedures to ensure that the information we receive as a result of providing our services is kept confidential both internally and from other customers.

 

Amendments of these T&Cs

These T&Cs can be amended by UnderSports at any time without giving reasons. In such a case, UnderSports will inform the user in time about the amendments in the T&Cs. If the user does not object to the validity of the new T&Cs within 14 days after notification, the amended T&Cs are considered accepted by the user. UnderSports will inform the user in the notification about his/her right of objection and the implication of the objection period.

 

Choice of Law

The contract shall be governed by the laws of Ukraine.

Severability Clause

Shall any provision of these T&Cs be or become invalid or unenforceable, this shall not affect the validity and enforceability of the remaining provisions