Home » Pro-My Sport App End User Licence Agreement

Pro-My Sport App End User Licence Agreement

Version 2.1, 6th January 2018

Please read this End User Licence Agreement carefully before using the mobile App or associated website. By using or accessing the App and website you agree to be bound by the licence. You must not use the App or website services if you do not agree to the terms.

Who we are and what this agreement does

The Pro-My.com site and Pro-My Sport App are operated by Draguni Limited (“We/us/our”). We are registered in England and Wales under company number 09430049 and have our registered office at 209 High Road, London, N2 8AN, United Kingdom. We are a limited company. We are committed to protecting and respecting your privacy. We are registered as a data controller with the Information Commissioner’s Office (registration number ZA114569).We license you to use the Pro-My Sport mobile Application software (App) and any updates or supplements to it as permitted by these terms. We grant you a non-transferable, non-exclusive licence to use the App in consideration of your agreement to comply with these terms. For the avoidance of doubt, we are not selling the App to you and remain the sole and exclusive owner of the App.

There are other terms that apply

Our Website Terms of Use, Privacy Policy, Acceptable Use Policy and Cookie Policy all apply, and the End User Licence Agreement also applies to the use of the Pro-My Sport App. (Terms and Conditions)

This is Version 2.1, which includes changes from version 2.0 relating to Protected account information and our trademarks that apply.

Changes to End User Licence Agreement

We may need to change these terms to reflect changes in law or best practice or to deal with additional features which we introduce. We will notify you of changes when you next start the App.

If you do not accept the notified changes you will not be permitted to continue to use the App and the Service.

Pro-My Sport Services

Pro-My Sport is an intermediary platform which provides its users with services to help organise sports teams, competitions and matches. The services include recording event information during matches and providing performance analysis on players, matches and teams.

Anyone can join Pro-My Sport, however you can only interact with and use the services once you are a member of a team – which you either set up yourself or can be invited to join team by the team manager.

Our services also allow you to create an account known as a “Managed Profile”. A Managed Profile allows you, and only you, to operate the account on behalf of an individual, either because you have authority to do so (e.g. because you are the parent or guardian or a child) or because you have permission to do so (e.g. because the person you have opened an account for is not able to otherwise access our services). In creating a Managed Profile, you confirm that you have the authority over or permission of the relevant individual and confirm that you are solely responsible for all activity associated with the Managed Account.

If a user chooses to have a Managed Profile, communications are only made with the user who manages the Managed Profile for them and has permission to do so.

A Managed Profile can be transferred to the managed individual, so long as in the case of children the child is over the age of 18.

The App is not an open platform (i.e. you cannot interact with all users). Anyone over 18 can have a user account, but you can only interact with team managers (if you are invited to a team) or team members if you set up a team as a team manager. Users, as team managers, may invite an individual to join a team, if they are not already a registered user. A user, by way of this process, creates an account on behalf of the person they invite. By doing so, they confirm that they have such person’s consent to create an account and that they have been given permission to receive our emails and notifications as part of our services.

For further information about becoming a user and inviting users to join teams and play in matches, please refer to our Frequently Asked Questions section.

Children

Our App, website and services are designed to allow parents/guardians to control their children’s membership of teams on their behalf. If you are under 18 you may only use our App and site if you have the consent of your parent or guardian. In order to register and create a Pro-My Sport account for yourself, you must be 18 years of age or older. A parent or guardian of persons under the age of 18 may create a Managed Profile on behalf of their child.

We will collect limited personal information about persons under the age of 18 (namely, their full name and you have the option to enter date of birth and a profile picture) but only from the registered adult user of the Managed Profile. The child’s name will be needed and the date of birth may be required for team managers to understand their eligibility for age based leagues and cup competitions.

Parents or guardians should read our privacy policy and explain this to any children intending to use the App or any services.

If we believe a child under the age of 18 is using the App other than as a managed profile we reserve the right to suspend this account and, in any event, will not process that child’s personal information. We will not disclose information collected from children without the consent of a parent or guardian.

If you are a parent or guardian you provide your consent to your child’s use of the services and agree to be bound by these terms.

Protecting your profile information

Users can choose to set their profile to “Protected” meaning that their profile information is not shared with anyone other than their team
manager. They appear in team lists with a public name of their choosing and no profile or contact information is shared.

The profile settings on our App can be set to reveal minimal data about you to your team mates. You can adjust your profile
settings as set out in our FAQ section. You can adjust your profile setting to the extent that only your public name
and match activity data are visible to those with permission to see your match data (team managers, players, opposition
players and team managers and competition managers).

Your privacy

We only use any personal data we collect through your use of the App and the services in the ways set out in our privacy policy.

Please be aware that internet transmissions are never completely private or secure and that any message or information you send using the App or any Service may be read or intercepted by others, even if there is a special notice that a particular transmission is encrypted.

Appstore’s terms also apply

The ways in which you can use the App may also be controlled by the relevant Appstore (Apple or Google Android’s) rules and policies [https://www.Apple.com/uk/legal/internet-services/itunes/uk/terms.html and https://play.google.com/intl/en_uk/about/play-terms.html].

Operating system requirements

This App requires an Android and Apple mobile telephone device with internet access operating system iOS 8.0+ and Android 4.1+.

How you may use the App, including how many devices you may use it on

In return for your agreeing to comply with these terms you may:

  • download or stream a copy of the App onto your device and view, use and display the App for your personal purposes only.
  • provided you comply with the the licence restrictions below, make up to 2 copies of the App for back-up purposes; and
  • receive and use any free supplementary software code or update of the App incorporating “patches” and corrections of errors as we may provide to you.

Becoming a user

You must be 18 or over to accept these terms and buy the App. By signing up to the App, you warrant that you are at least 18 years old. If you are under the age of 18, you must ask a parent or guardian over the age of 18 to enter into these terms on your behalf as set out above to create a Managed Profile. As a parent or guardian of someone under the age of 18, you are responsible for ensuring that both person’s use of the App is at all times in accordance with these terms.

Should you wish to purchase the App for someone other than yourself you must have obtained the prior consent of this third party to do so, including their consent to process their data.

To become a user of the App, you must register for an account and provide certain information about yourself as prompted by the account registration form. You must give us true, accurate and complete information about yourself. The information required is set out on our App.

Unfortunately we cannot confirm the identity of Users or assume liability for the accuracy of the information provided by Users when they join.

You can deactivate your account by asking us to do so using the “Contact Pro-My” option in your settings under “About Pro-My”. On deactivation, your personal information will be removed and any information associated with teams and matches will be anonymized and we may not be able to retrieve any information to associate with you at a later date.

Sports events and users

We are an intermediary platform and through our services we provide tools which enable our users to arrange physical events such as, but not limited to, games, matches and practices at venues which include, but are not limited to, parks and public places. The details of each such event are organised by our users. We do not supervise any events and are not involved in any way with the actions of any individuals at such events. We advise that our users exercise caution and good judgment at events and we are not responsible for the identity or actions of individuals at the events or what happens at any events.

A team manager is responsible for the organisation of teams and events and we are in no way connected with any team manager. For the avoidance of doubt, no team manager is our representative, agent or otherwise and is not entitled to enter into any contractual relations on our behalf.

We do not control any information which is provided by our users and we are a neutral platform, providing a service to connect users. We do not verify the identity, background or ability of users of our services and would request that users exercise caution.

You may not transfer the App to someone else

We are giving you personally the right to use the App as set out above. You may not transfer the App to someone else, whether for money, for anything else or for free. If you sell any device on which the App is installed, you must remove the App from it.

Update to the App and changes to the Service

From time to time we may automatically update the App and change the Service to improve performance, enhance functionality, reflect changes to the operating system or address security issues. Alternatively we may ask you to update the App for these reasons.

If you choose not to install such updates or if you opt out of automatic updates you may not be able to continue using the App and the Services.

[The App will always work with the current or previous version of the operating system (as it may be updated from time to time) and match the description of it provided to you when you bought it].

If someone else owns the phone or device you are using

If you download or stream the App onto any phone or other device not owned by you, you must have the owner’s permission to do so. You will be responsible for complying with these terms, whether or not you own the phone or other device.

We may collect technical data about your device

By using the App or any of the services associated with it, you agree to us collecting and using technical information about the devices you use the App on and related software, hardware and peripherals to improve our products and to provide any services to you.

We may collect location data (but you can turn location services off)

Certain services will make use of location data available from your devices. You can turn off this functionality at any time by turning off the location services settings for the App on the device. If you use these services, you consent to us using the location data to identify your position on maps and to record you location when recording match events.

You may stop us collecting such data from your devices at any time by turning off the location services settings in the App settings.

We are not responsible for other websites you link to

The App or any service may contain links to other independent websites which are not provided by us. Such independent sites are not under our control, and we are not responsible for and have not checked and Approved their content or their privacy policies (if any).

You will need to make your own independent judgement about whether to use any such independent sites, including whether to buy any products or services offered by them.

Licence restrictions

You agree that you will:

  • not rent, lease, sub-license, loan, provide, or otherwise make available, the App or the Services in any form, in whole or in part to any person without prior written consent from us;
  • not copy the App, Documentation or Services, except as part of the normal use of the App or where it is necessary for the purpose of back-up or operational security;
  • not translate, merge, adapt, vary, alter or modify, the whole or any part of the App, Documentation or Services nor permit the App or the Services or any part of them to be combined with, or become incorporated in, any other programs, except as necessary to use the App and the Services on devices as permitted in these terms;
  • not disassemble, de-compile, reverse engineer or create derivative works based on the whole or any part of the App or the Services nor attempt to do any such things, except to the extent that (by virtue of sections 50B and 296A of the Copyright, Designs and Patents Act 1988) such actions cannot be prohibited because they are necessary to decompile the App to obtain the information necessary to create an independent program that can be operated with the App or with another program (Permitted Objective), and provided that the information obtained by you during such activities:
  • is not disclosed or communicated without the Licensor’s prior written consent to any third party to whom it is not necessary to disclose or communicate it in order to achieve the Permitted Objective; and
  • is not used to create any software that is substantially similar in its expression to the App;
  • is kept secure; and
  • is used only for the Permitted Objective;
  • comply with all Applicable technology control or export laws and regulations that Apply to the technology used or supported by the App (Technology).

Acceptable use restrictions

You must comply with our separate Acceptable Use Policy

That policy covers:

  • prohibited uses
  • interactive services
  • content standards
  • what happens if you breach the policy

Intellectual property rights

You acknowledge that all intellectual property rights in the App and the Technology throughout the world belong to us (or our licensors) and the rights in the App are licensed (not sold) to you. You have no intellectual property rights in, or to, the App or Technology other than the right to use them in accordance with these terms.

Our trade marks are registered

“Pro-My” and the Pro-My logo are UK registered trade marks of Draguni Limited. You are not permitted to use them without our approval.

Our liability and responsibility for loss or damage suffered by you

We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking these terms or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time you accepted these terms, both we and you knew it might happen.

We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors or for fraud or fraudulent misrepresentation.

When we are liable for damage to your property. If defective digital content that we have supplied damages a device or digital content belonging to you, we will either repair the damage or pay you compensation. However, we will not be liable for damage that you could have avoided by following our advice to Apply an update offered to you free of charge or for damage that was caused by you failing to correctly follow installation instructions or to have in place the minimum system requirements advised by us.

We are not liable for business losses. The App is for domestic and private use and you agree that you will not us the App for any commercial, business or resale purposes. If you use the App for any commercial, business or resale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

Limitations to the App. The App is provided for general information and entertainment purposes only. They do not offer advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of information obtained from the App or the Service. Although we make reasonable efforts to update the information provided by the App and the Service, we make no representations, warranties or guarantees, whether express or implied, that such information is accurate, complete or up to date.

Please back-up content and data used with the App. We recommend that you independently keep your own record of any content and data used in connection with the App, to protect yourself in case of problems with the App or the Service and that content or data being unavailable.

Check that the App is suitable for you. You acknowledge that the App has not been developed to meet your individual requirements. Please check that the facilities and functions of the App, and the services available through it meet your requirements.

We are not responsible for events outside our control. If our provision of the Services or support for the App or the Services is delayed by an event outside our control then we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event but if there is a risk of substantial delay you may contact us to end your contract with us and receive a refund for any Services you have paid for but not received.

We try to keep the App secure, and functioning properly, at all times but we cannot guarantee the continuous operation of, or continued access to, the App. We will not be liable to you for any losses that you may incur in connection with (a) your use of, or your inability to use, the App (b) any virus or other malicious software transmitted as a result of (or any damage to any hardware device caused by) your use of the App or (c) the content, actions or inactions of any other users of the App (or any other third parties).

We will not be liable or responsible, in connection with the App or any part of the Technology, or your use (or the availability) thereof, for any act or event that is beyond our reasonable control, including (without limitation) any failure of any public or private telecommunications network. If such an act or event affects the performance of any of our express or implied obligations to you, those obligations will be suspended, and the time for performance of those obligations will be extended for the duration of the relevant event or period. In any event, we will use our reasonable endeavours to find a solution so that the obligations in question can be performed despite the occurrence of the act or event in question.

In any event, our maximum aggregate liability to you, in connection with your use of the App and/or the Technology, whether in contract, tort or otherwise, will in all circumstances be limited to the price paid for the App. However, nothing in these terms of use will limit or exclude our liability to you for (a) any death or personal injury resulting from our negligence (b) any fraud or fraudulent misrepresentation or (c) any other liability that cannot be excluded or limited under English law.

We may end your rights to use the App if you break these terms

We terminate your licence of the App immediately at any time by contacting you if you have breached these terms of use.

If we end your rights to use the App:

  • All rights granted to you under these terms will cease.
  • You must stop all activities authorised by these terms, including your use of the App.
  • You must delete or remove the App from all devices in your possession and immediately destroy all copies of the App which you have and confirm to us that you have done this.

We may transfer this agreement to someone else

We may transfer our rights and obligations under these terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract.

You need our consent to transfer your rights to someone else

You may only transfer your rights or your obligations under these terms to another person if we agree in writing.

No rights for third parties

This agreement does not give rise to any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this agreement.

If a court finds part of this contract illegal, the rest will continue in force

Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.

Even if we delay in enforcing this contract, we can still enforce it later

Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.

Which laws apply to this contract and where you may bring legal proceedings

These terms of use and their subject matter are governed by (and will be construed with) English law. You and we agree that the courts of England will have exclusive jurisdiction to settle any dispute or claim which arises in connection with these terms or their subject matter.

Alternative dispute resolution

Alternative dispute resolution is a process where an independent body considers the facts of a dispute and seeks to resolve it, without you having to go to court. If you are not happy with how we have handled any complaint, you may want to contact the alternative dispute resolution provider we use and we can provide you with details on request. You can still bring legal proceedings if you are not satisfied with the outcome of any ADR process. In addition, please note that disputes may be submitted for online resolution to the European Commission Online Dispute Resolution platform.

Contact

You can contact us at the following email addresses:

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