COMET PLAY Terms of Use

COMET PLAY TERMS OF USE

Last updated: January 29, 2021

1. INTRODUCTION AND ACCEPTING THE TERMS

1.1. Introduction

Please read these User Terms of Use (the “User Terms”) carefully before using COMET PLAY. These User Terms apply to Analyticom’s COMET PLAY platform and solution for management and automation of key operations in sports clubs and other organizations. The COMET PLAY platform includes the associated COMET PLAY mobile and desktop applications, cometplay.net, and other connected websites (collectively, the “Service”).

1.2. Parties, Acceptance of Terms, and access to the Service

These User Terms govern your access and use of the Service and are a legal agreement between Analyticom, a limited liability company which provides and implements specialized software solutions, incorporated in and organized under the laws of the Republic of Croatia (also referred to herein as the “Company,” “us,” “our,” or “we”) and you (“you” or “your”). You will be prompted to accept these Terms during signup to the Service. If you access or use the Service or continue accessing or using the Service after being notified of a change to the User Terms, you confirm that you have read, understand, and agree to be bound by the User Terms. If you do not agree to these User Terms, do not use the Service.

The Company reserves the right to update these Terms, which we may do for reasons that include, but are not limited to, complying with changes to the law or reflecting enhancements to the Service. If the changes affect your usage of the Service or your legal rights (i.e., if we make a “material change” to these Terms), we will give you reasonable notice before the changes take effect. Unless we state otherwise, your continued use of the Service after we post modifications will constitute your acceptance of and agreement to those changes. If you object to the changes, your recourse shall be to cease using the Service. Please contact us if you have any questions.

2. THE “USER”, “WORKSPACE MEMBER” AND “CUSTOMER”

2.1. Definitions, designations, and term clarifications

As used in these User Terms, the term “User” means any User that has signed up to use the Service. As used in these User Terms, the term “Workspace Member” means a User that is a member of a specific Workspace, including Users given administrative or other Workspace powers by the Customer within a specific Workspace. To avoid confusion, all Workspace Members are Users; however, if a User is not a member of at least one Workspace, they are not considered a Workspace Member. As used in these User Terms, the term “Customer” means a sports club or other organization that has entered into a separate written agreement with us and has created and configured or assumed control of a Workspace. The Customer may designate a Workspace Member as a Workspace administrator or give Workspace privileges to other Workspace Members. These User Terms apply to all Users, but some provisions herein apply only to Workspace Members.

3. THE CUSTOMER’S CONTROL

You are a Workspace Member on a Workspace Controlled by a “Customer”. An organization or other third party that we refer to in these User Terms as “Customer” has invited you to a Workspace either by sending an invitation through our Service or allowing Users to join their Workspace without invitation.

3.1. The Customer’s Choices and Instructions

The Customer has separately agreed to our Customer Terms of Use or entered into a written agreement with us (in either case, the “Contract”) that permitted the Customer to create and configure a Workspace so that you and others could join. The Contract contains our commitment to deliver the Service to the Customer, who may then invite Users to join its Workspace(s). When a User accepts a Customer invitation to join a Workspace or otherwise joins a Workspace, that User becomes a Workspace Member in relation to that Workspace and its Customer. When a Workspace Member (including you) submits content or information to a Workspace (“Customer Data”), you acknowledge and agree that the Customer Data is owned by the Customer and the Contract provides the Customer with many choices and control over that Customer Data. For example, the Customer may provision or de-provision access to the Service, enable or disable third party integrations, manage permissions, data configurations, retention and export settings, transfer or assign Workspaces, update member details, schedule events, track member attendance, and measure performance, provide items for sale and collect payments in the Workspace Store, and these choices and instructions may result in the access, use, disclosure, modification or deletion of certain or all Customer Data.

3.2. Customer Administration of a Workspace

The Customer may administer the Workspace at its discretion and may freely invite and remove Workspace Members or add and remove roles and privileges for certain Workspace Members within the Workspace. Unless provided otherwise by these User Terms, the Company shall not intervene or adjudicate in Customer-Workspace Member disputes regarding the administration of a Workspace.

3.3. Workspace Store

While the Service enables the Customer to establish a Store to sell and provide products and services to its Workspace Members (or other Users if applicable), the Company waives all responsibility or liability regarding the Customer services and products offered, execution of sales agreements, payment processing, the consummation of your rights as a consumer or any other conceivable rights you may have or claim to have, in relation to the functioning of the Store and the provision of Customer products or services. The Customer is solely and exclusively responsible for the running of the Store, the services and products offered, execution of sales agreements, payment processing, the consummation of your rights as a consumer or any other conceivable rights you may have or claim to have, in relation to the functioning of the Store and the provision of Customer products or services.

3.4. The Relationship Between You, the Customer, and Us

As between the Customer and us, you agree that it is solely the Customer’s responsibility to:

inform you and any Workspace Members of any relevant Customer policies and practices and any settings that may impact the processing of Customer Data;
obtain any rights, permissions, or consents from you and any Workspace Members that are necessary for the lawful use of Customer Data and the operation of the Service;
ensure that the transfer and processing of Customer Data under the contract is lawful; and
respond to and resolve any dispute with you and any Workspace Member relating to or based on Customer Data, the Service, or Customer’s failure to fulfill these obligations.

The Company makes no representations or warranties of any kind, whether express or implied, to you relating to the Service, which is provided to you on an “as is” and “as available” basis.

4. USE OF THE SERVICE

4.1. Age Restriction

Please note that, if you are under 14 years of age, your parent or legal guardian must sign-up first and create a child account for you.

By signing-up to use the Service you agree and warrant that:

you are 14 years of age or older;
you have read, understood, and accept to be bound by the Terms, and;
if you have not reached the age of majority in your jurisdiction, that your parent/guardian has reviewed and agreed to these Terms and has given you consent to sign-up to the Service, and;
if you are a parent or a legal guardian administering an account for your child or ward, that you have reviewed and agreed to these Terms on behalf of your child/ward.

4.2. System Requirements

Your use of the Service is dependent on You having sufficient internet access and any software or devices necessary to access the Service. Use of the Service with incompatible devices, services, or networks, or failure to update your devices or software, may result in an inability to use the Service. Whether a particular piece of software or device is compatible with the Service can change over time.

4.3. Compliance

To help ensure a safe and productive work environment, all Workspace Members must comply with these User Terms and any applicable policies established by Customer. If you see inappropriate behavior or content, please report it to the Customer.

4.4. Termination of Use

These User Terms remain effective as long as you are signed up as a User of the Service. We reserve the right to terminate your access to the Service at our sole discretion, at any time, without notice, for any reason that is allowed under applicable law. Please contact the Customer or us if you at any time or for any reason wish to terminate your Account, including due to a disagreement with any updates to these User Terms.

4.5. Third-Party Access

You are prohibited from providing anyone else with access to your login credentials for the Service, and you assume all responsibility for keeping your login credentials secure from unauthorized access. We use state-of-the-art technical measures such as 2FA to keep your Account and data safe, but we cannot keep your Account safe if you, intentionally or unintentionally, provide your login credentials to a third party. In addition to any other legal rights we may have, you are directly responsible to us for any use of your Account by someone else.

4.6. Rights to Use the Service

The Company reserves the right to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. The Company reserves the right to refuse any User access to the Service without notice for any reason, including but not limited to a violation of these Terms. If you violate these Terms, the Company reserves the right to issue you a warning regarding the violation or immediately terminate or suspend any or all Accounts you have created using the Service. You agree that the Company need not provide you notice before terminating or suspending your Account(s), but it may do so.

4.7. Your Account

You are responsible for your login credentials and for any activity resulting from the use of your login credentials or other activity on your Account (“Account”) on the Service. Upon launching the Service, if you do not already have an Account, you will be prompted to create one by providing your first and last name, your email address, and a password. You may also be required to provide your date of birth or other information to access or utilize certain applications or features. You represent and warrant that the information you provide to us upon registration and at all other times will be true, accurate, current, and complete. You will ensure that your email address is kept accurate and up to date at all times. You are responsible for maintaining the confidentiality of your login credentials and are fully responsible for all activities that occur through the use of your credentials or otherwise on your Account. You agree to notify us immediately if you believe the confidentiality of your login credentials has been compromised or if you suspect unauthorized use of your Account. You agree that we will not be liable for any loss or damage arising from unauthorized use of your credentials.

5. RULES OF CONDUCT AND USAGE

These User Terms also set out a list of acceptable and unacceptable conduct for our Service. If we believe a violation of the policy is deliberate, repeated, or presents a credible risk of harm to other Users, Customers, the Service, or any third parties, we may suspend or terminate your access. This policy may change as COMET PLAY grows and evolves, so please check back regularly for updates and changes.

5.1. You agree to:

comply with all User Terms of Use;
comply with all applicable laws and governmental regulations, including, but not limited to, all intellectual property, data, privacy, and export control laws, and regulations promulgated by any government agencies, and any rules of any national and other securities exchanges;
upload and disseminate only Customer Data to which the Customer owns all required rights under the law and under contractual and fiduciary relationships, and do so only consistent with applicable law;
use reasonable efforts to prevent unauthorized access to or use of the Service;
keep passwords and all other login information confidential;
monitor and control all activity conducted through your Account in connection with the Service;
promptly notify us if you become aware of or reasonably suspect any illegal or unauthorized activity or a security breach involving your Account, including any loss, theft, or unauthorized disclosure or use of a username, password, or Account.

5.1. You agree not to:

permit any third party that is not a User to access or use credentials for the Service;
share, transfer or otherwise provide access to an Account designated for you to another person;
use the Service to store or transmit any Customer Data that may infringe upon or misappropriate someone else’s trademark, copyright, or other intellectual property, or that may be tortious or unlawful;
upload to, or transmit from, the Service any data, file, software, or link that contains or redirects to a virus, trojan horse, worm, or other harmful component or technology that unlawfully accesses or downloads content or information stored within the Service or on the hardware of the Company or any third party;
attempt to reverse engineer, decompile, hack, disable, interfere with, disassemble, modify, copy, translate, or disrupt the features, functionality, integrity, or performance of the Service (including any mechanism used to restrict or control the functionality of the Service), any third party use of the Service, or any third-party data contained therein (except to the extent such restrictions are prohibited by applicable law);
attempt to gain unauthorized access to the Service or related systems or networks or to defeat, avoid, bypass, remove, deactivate, or otherwise circumvent any software protection or monitoring mechanisms of the Service;
access the Service in order to build a similar or competitive product or service or copy any ideas, features, functions, or graphics of the Service;
use the Service in any manner that may harm minors;
defame, libel, ridicule, mock, stalk, threaten, harass, intimidate or abuse anyone;
engage in conduct that is fraudulent or illegal or otherwise harmful to us or any other User;
attempt to obtain passwords or other private information from other Users;
engage in activity that incites or encourages violence or hatred against individuals or groups;
impersonate any person or entity, including, but not limited to, an employee of ours, an “Administrator,” a “Customer,” or any other User, or falsely state or otherwise misrepresent your affiliation with a person, organization, or entity;
access, search, or create accounts for the Service by any means other than our publicly supported interfaces (for example, “scraping” or creating accounts in bulk);
send unsolicited communications, promotions or advertisements, or spam;
place any advertisements within the Service, unless given permission per these Terms;
send altered, deceptive, or false source-identifying information, including “spoofing” or “phishing”;
use the Service for purposes not intended by the Customer and/or the Company;
use a contact or other User information obtained from the Service (including email addresses) to contact Users outside of the Service without their express permission or authority or to create or distribute mailing lists or other collections of contact or user profile information for Workspace Members for use outside of the Service; or
authorize, permit, enable, induce, or encourage any third party to do any of the above.

These rules of conduct and usage are not meant to be exhaustive, and we reserve the right to determine what conduct we consider to be a violation of the User Terms or improper use of the Service and to take action, including termination of your Account and exclusion from further participation in the Service.

6. DISCLAIMER OF WARRANTY

6.1. Service “as is” and “as available.”

The Service is provided “as is” and “as available” without warranties of any kind, either express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. Your use of the Service is at your sole risk. In addition, while the Company attempts to provide a good user experience, we cannot and do not represent or warrant that the Service will always be secure or error-free or that the Service will always function without delays, disruptions, or imperfections. The foregoing disclaimers shall apply to the extent permitted by applicable law.

7. OUR LIABILITY

7.1. Rectification in case of violation

If we believe that there is a violation of the Contract, User Terms, or any of our other policies that can simply be remedied by the Customer’s removal of certain Customer Data or taking other action, we will, in most cases, ask the Customer to take action rather than intervene. We may directly step in and take what we determine to be appropriate action (including disabling your Account) if the Customer does not take appropriate action or we believe there is a credible risk of harm to us, the Service, other Users, or any third parties.

7.2. Limitations of Liability

In no event will you or we have any liability to the other for any lost profits or revenues or for any indirect, special, incidental, consequential, cover, or punitive damages however caused, whether in contract, tort, or under any other theory of liability, and whether or not the party has been advised of the possibility of such damages. Our maximum aggregate liability to you for any breach of the User Terms is one hundred Euro (100 €) in the aggregate. The foregoing disclaimers will not apply to the extent prohibited by applicable law and do not limit either party’s right to seek and obtain equitable relief.

7.3. Application of Consumer Law

The Service is a Workspace tool intended for use by sports clubs and other organizations and not for consumer purposes. To the maximum extent permitted by law, you hereby acknowledge and agree that consumer laws do not apply. If, however, any consumer laws do apply and cannot otherwise be lawfully excluded, nothing in these User Terms will restrict, exclude or modify any statutory warranties, guarantees, rights, or remedies you have, and our liability towards you is limited only to future prevention of any further breach of the applicable consumer protection provisions, and no monetary compensation may be awarded.

8. GENERAL PROVISIONS

8.1. Communications

You agree to receive communications from us electronically. By using the Service, you agree that we may communicate with you electronically regarding questions of security, privacy, technical and functional updates, information regarding scheduled maintenance/downtimes and administrative issues relating to your use of the Service. All agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirements that such communications be in writing. We will provide you the option to opt-out of this communication, in which case any consequences of failure to receive important Service critical notices shall fall exclusively on you. For any direct marketing messages, we will ensure that we obtain your consent first and also make it easy for you to opt-out. Notices to the Company should be sent to info@analyticom.de, except for legal notices, which must be sent to legal@analyticom.de. Notices will be deemed to have been duly given the day after they are sent, whether they are sent through email or through the Service. Notices under the Contract will be delivered solely to the Customer in accordance with the terms of that agreement.

8.2. Privacy Policy

Please review our Privacy Policy for more information on how we collect and use data relating to the use and performance of the Service.

8.3. Modification of User Terms

You consent to the Company modifying these User Terms at any time upon providing you with reasonable notice prior to any material changes taking effect either by emailing to the email address associated with your Account or by messaging you through the Service. Your continued use of the Service after receiving such notice constitutes your agreement to the modified User Terms. You can review the most current version of the User Terms at any time by visiting this page. Any material revisions to these User Terms will become effective on the date set forth in our notice, and all other changes will become effective on the date we publish the change. If you use the Service after the effective date of any changes, that use will constitute your acceptance of the revised terms and conditions.

8.4. Modification of the Service

We may also modify the Services at any time. If you do not accept such changes, you may terminate your Account.

8.5. Waiver

No failure or delay by either party in exercising any right under the User Terms will constitute a waiver of that right. No waiver under the User Terms will be effective unless made in writing and signed by an authorized representative of the party being deemed to have granted the waiver.

8.6. Severability

The User Terms will be enforced to the fullest extent permitted under applicable law. If any provision of the User Terms is held by a court of competent jurisdiction to be contrary to law, the provision will be modified by the court and interpreted so as to best accomplish the objectives of the original provision to the fullest extent permitted by law, and the remaining provisions of the User Terms will remain in effect.

8.7. Assignment

You may not assign any of your rights or delegate your obligations under these User Terms, whether by operation of law or otherwise, without our prior written consent. We may assign these User Terms in their entirety (including all terms and conditions incorporated herein by reference), without your consent, to a corporate affiliate or in connection with a merger, acquisition, corporate reorganization, or sale of all or substantially all of our assets.

8.8. Survival

The rights and obligations of either Party that by their nature would continue beyond the expiration or termination of these User Terms will survive expiration or termination of these User Terms, including without limitation the sections titled “The Relationship Between You, the Customer, and Us,” “Limitation of Liability,” “Survival” and “Feedback,” and all of the provisions under the general heading “General Provisions.”

8.9. Governing Law

The User Terms and any disputes arising out of or related thereto will be governed exclusively by the laws of the Republic of Croatia, without regard to conflicts of laws rules or the United Nations Convention on the International Sale of Goods. The courts located in the Republic of Croatia will have exclusive jurisdiction to adjudicate any dispute arising out of or relating to the User Terms or its formation, interpretation, or enforcement. Each party hereby consents and submits to the exclusive jurisdiction of such courts. In any action or proceeding to enforce rights under the User Terms, the prevailing party will be entitled to recover its reasonable costs and attorney’s fees.

8.10. Entire Agreement

The User Terms, including any terms incorporated by reference into the User Terms, constitute the entire agreement between you and us and supersede all prior and contemporaneous agreements, proposals, or representations, written or oral, concerning its subject matter. To the extent of any conflict or inconsistency between the provisions in these User Terms and any pages referenced in these User Terms, the terms of these User Terms will first prevail; provided, however, that if there is a conflict or inconsistency between the Contract and the User Terms, the terms of the Contract will first prevail, followed by the provisions in these User Terms, and then followed by the pages referenced in these User Terms (e.g., the Privacy Policy). The Customer will be responsible for notifying Workspace Members of those conflicts or inconsistencies, and until such time the terms set forth herein will be binding.

8.11. Headings, Interpretation

The headings, section titles, and captions used in the Agreement are for convenience of reference only and will have no legal effect. All defined terms include related grammatical forms, and, whenever the context may require, the singular form of nouns and pronouns include the plural and vice versa.

8.12. Documentation of Compliance

Upon the Company’s request, you will furnish the Company with any documentation, substantiation, or releases necessary to verify your compliance with these Terms.

9. USER DISPUTES

You are solely responsible for your interaction with other Users of the Service and other parties that you come in contact with through the Service. The Company hereby disclaims any and all liability to you or any third party relating to your use of the Service. The Company reserves the right, but has no obligation, to manage disputes between you and other Users of the Service.

10. FEEDBACK

We appreciate hearing from our users and welcome your comments regarding the Service. If you choose to provide feedback, comments, or suggestions for improvements to the Service or otherwise (in written or oral form) (“Feedback”), you represent and warrant that

you have the right to disclose the Feedback,
the Feedback does not violate the rights of any other person or entity, and
your Feedback does not contain confidential or proprietary information of any third party or parties.

By sending us any Feedback, you further:

agree that we are under no obligation of confidentiality, express or implied, with respect to the Feedback,
acknowledge that we may have something similar to the Feedback already under consideration or in development,
grant us an irrevocable, non-exclusive, royalty-free, perpetual, worldwide license to use, modify, prepare derivative works from, publish, distribute and sublicense the Feedback without any obligation or compensation to the user, and
irrevocably waive, and cause to be waived, against the Company and its users any claims and assertions of any moral rights contained in such Feedback.

This Feedback section shall survive any termination of your Account or the Services.

Contacting Analyticom

Please also feel free to contact us if you have any questions about these User Terms of Use. You may contact us at info@analyticom.de or at our mailing address below:
Analyticom d.o.o.
Ulica Grada Vukovara 271
10000 Zagreb
Republic of Croatia