SPORTY TERMS OF SERVICE
Effective from May 1st 2018
Last revised March 1st 2017
By downloading, accessing or using the mobile applications, websites or other products or services of Sporty App AS ("Sporty", "we", "our", "us", "Services", "Service" "Application", "Applications"), you agree to be bound by the Terms of Service ("Terms"). If you do not agree to these Terms, do not use the Services.
Sporty wants to make it easier for people to play sports. The Application is a service which allows you to organise sports events with friends and people nearby. The application allows you to connect with people over sports activities, book courts, buy memberships together and many other sport related features. Please show respect and use common sense while interacting with the application and the people within. Sporty does not hold any responsibility over the results of the use of the application. All responsibility is of the user. These Terms are written on the basis to avoid inappropriate and illegal actions by users.
You must be at least 13 years old to use Sporty. Use is void where prohibited. By using Sporty, you affirm that you are either 13 or more than 13 years of age. You are an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms, and to abide by and comply with these Terms. In addition, you affirm that you have not been previously suspended or removed from the Services and do not have more than one Sporty account.
We may, in our sole discretion, refuse to offer the Services to any person or entity. We may, without notice and in our sole discretion, terminate your right to use the Services, or any portion of thereof, and block or prevent your future access to and use of the Services or any portion thereof.
The Services consist of interactive features and areas that allow users to create, post, transmit and/or store content ("User Content"). You understand that your User Content may be viewable by other users in the Application. You agree that you are solely responsible for your User Content and that Sporty is not responsible or liable for any User Content. While we are not obligated to do so, we reserve the right, and have absolute discretion, to review, screen and delete User Contentat any time for any reason.
You retain all ownership rights in your User Content. However, by submitting User Content to Sporty, you hereby grant us a nonexclusive, worldwide, royalty-free, sublicensable and transferable license to use, reproduce, modify, adapt, publish, create derivative works from, distribute, perform and display such User Content in connection with the Services.
Code of Conduct
In using Sporty, you must behave in a civil and respectful manner at all times. Further, you will not:
Harass or stalk any other person;
Harm or exploit minors;
Act in a deceptive manner by, among other things, impersonating any person;
You will not express or imply that any statements you make are endorsed by Sporty.
You will not distribute spam, and will not use any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, “data mine”, or in any way reproduce or circumvent the navigational structure or presentation of the Service or its contents.
You will not post, distribute or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior consent of the owner of such proprietary rights.
You will not interfere with or disrupt the services or the site or the servers or networks connected to the services or the site. You will not post, email or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment.
Sporty App AS has the right, but not the obligation, to monitor all conduct on and content submitted to Sporty.
We emphasize that you as a user/facility of the system are the person/entity responsible for others personal data in Sporty when registered/uploaded/stored by you. As a Facility-user and/or End-user you are responsible for safeguarding others personal data and to register/upload correct information with their consent. No other information about the users than necessary to manage your customer relationship through Sporty should be recorded.
You agree that any feedback, suggestions, ideas or other information or materials regarding Sporty or the Services that you provide, whether by email or otherwise ("Feedback"), are non-confidential and shall become the sole property of Sporty. We will be entitled to the unrestricted use and dissemination of such Feedback for any purpose, commercial or otherwise, without acknowledgment or compensation to you. You waive any rights you may have to the Feedback (including any copyrights or moral rights). We like hearing from users, but please do not share your ideas with us if you expect to be paid or want to continue to own or claim rights in them.
Unless otherwise stated, all materials contained on or within the Services, including, but not limited to, text, graphics, images, code, illustrations, designs, icons, photographs, video clips, and written and other materials (collectively, "Sporty Content"), as well as their selection and arrangement, are protected by copyright, trademark, trade dress, patent, and/or other intellectual property laws, and unauthorized use of Sporty Content may violate such laws and these Terms.
Except as expressly provided in these Terms, Sporty does not grant any express or implied rights to use Sporty Content. You agree that you will not copy, reproduce, republish, frame, download, transmit, modify, display, reverse engineer, sell, or participate in any sale of, rent, lease, loan, assign, distribute, license, sublicense, or exploit in any way, in whole or in part, Sporty Content, the Services or any related software, except as expressly stated in these Terms.
You are hereby granted a limited, nonexclusive, non-sublicensable license to access and use the Services and Sporty Content. This license is revocable at any time. This license is subject to these Terms and does not include:
The distribution, public performance or public display of Sporty Content;
Modifying or otherwise making any derivative uses of the Services or Sporty Content, or any portion thereof;
Use of any scraping, data mining, robots or similar data gathering or extraction methods;
Downloading (other than page caching) any portion of the Services, Sporty Content or any information contained therein, except as expressly permitted on the Services;
Accessing the Sporty API with an unauthorized or third-party client; and
Any use of the Services or Sporty Content other than for their intended purposes.
Any use of the Services or Sporty Content other than as specifically authorized in these Terms, without the prior written permission of Sporty, is strictly prohibited and will terminate the license to use Sporty granted in these Terms.
Third Party Applications
Some functions in Sporty fully rely on third party services to run. Sporty uses third-party applications for communication with users, bank card processing, user log in credentials, storage of user-info, analytics and crash alerts. Here is a list of third-party applications we use: github, google analytics, google cloud service, heroku, amazon web services, paper trail, intercom, iTunes connect, send grid, crashlytics, dropbox, facebook, twitter, mixpanel, google pay, apple pay, stripe. By using our service your information will be shared with these third party providers and services to improve your experience. We do not stand responsible for any of our third party applications (a): loss of data, crashes, mistakes, downtime and/or security breaches)). We do however, only cooperate with services that we trust, and to the best of our knowledge, do their best to avoid the above scenarios(a).
We are concerned about safeguarding the confidentiality of your information. We provide physical, electronic, and procedural safeguards to protect information we process and maintain. For example, we limit access to this information to authorized employees and contractors who need to know that information in order to operate, develop or improve the application. We do not stand responsible for or any third parties (a): loss of data, crashes, downtime, mistakes, delays and/or security breaches)). Please be aware that, although we endeavor to provide reasonable security for information we process and maintain, no security system can prevent all potential security breaches.
We do not stand responsible for any unauthorised use (or hackers) on your device, loss of sign in credentials or mistakes you make within the service. Users are responsible to type in their correct information and especially email-address on signup. Sporty can not retrieve this data for you because of security reasons and you will have to create a new account if you type a wrong email address at signup.
Payments, Pricing and Rights
After each purchase your credit card will be saved to simplify the process for future purchases. If you do not wish to have your card saved in Sporty, you can delete it in billing settings after your purchase. If you’re active in a membership or any other services that requires payment over a certain period of time you will need to have at least have one valid credit card saved. We do not stand accountable for any delays in payment(or refunds) or any third parties (a): crashes, loss of data, downtime, mistakes, delays and/or security breaches)). We will however do our very best in co-operating with these services to correct (a) as quickly as possible. We hold the right to change our pricing and we will notify you in advance.
We reserve the right to retract, refund or cancel a purchase in the Sporty platform at any time. Refunds cannot be issued after 14 days from the platform. End-customers will always be refunded in full and facilities must cover charge and refund fees, including disputed charges.
By using Sporty you accept that invoices and receipts are only sent to you electronically by email to the email you that have on your account.
Any functions and features in the Sporty platform may be removed or no longer supported at any time on our own terms.
Facilities using our services must fully and exclusively use Sporty for it’s solutions and it’s payment on platform service with each feature we deliver. We hold the right to invoice or deduct directly from stripe any charges that have occurred outside of our payment service and features (including, but not limited to bookings, rentals, credits, membership, courses, invoices, automation) and to immediately suspend rights of any continued use on our platform.
Rules and terms may change at any time for any facility, that includes but is not limited to: Price, booking rights, amenities and benefits, membership rules, and booking rules. If any inappropriate behaviour is suspected, you may suspend you from the services and you may be held responsible. You are not allowed to open up or let anyone in to a facility, unless the facility says otherwise.
A membership plan may change in pricing in the future. All facilities are obligated to send emails to the end-user about such changes.
If you buy memberships for other people, they will be added automatically to your billing plan as new members where you are the sponsor. If you remove members, their membership will be cancelled and last out the billing cycle.
By signing up to a course on Sporty, the facility reserves the right to move you (as a participant) to a different course if they see a better fit.
Hardware services are in beta. We do not stand responsible for or any third parties (a): loss of data, crashes, downtime, mistakes, delays and/or security breaches)). Please be aware that, although we endeavor to provide reasonable security for information we process and maintain, no security system can prevent all potential security breaches.
Facility/Place hardware integrated with Sporty software cannot be overridden or used by other services when first integrated. There is no refund on hardware when first confirmed and ordered.
You agree that the information you submit to this service is true and in best manner. You also agree to not mislead users on Sporty and keep loyal to completions, updates and information you provide other users on this service. Your breach of any of such obligations will result in irreparable and continuing damage to Sporty App AS, for which there will be no adequate remedy at law; and, in the event of such breach, Sporty App AS will be entitled to injunctive relief and/or a decree for specific performance, and such other and further relief as may be proper (including monetary damages if appropriate).
Cancellation and Refund Policy for Sporty end-users
This may differ for each end every purchase, so be sure to check individual place information before purchasin.
Credits can only be used individually at checkout (not in combination with other payment methods).
Credits can only be used to purchase certain booking hours (which will be described before and after purchasing the credit package).
Credits expire a year after purchase. Credits are not transferrable to cash. There are no refunds on purchased credits or memberships.
Credits are used and found in the checkout modal.
A membership is either a one-time fee or a recurring subscription. This will be specified in the checkout modal. When you cancel a membership it will last out the remaining billing cycle.
Cancellation and Refund Policy for Facilities / Places
Facilities/Places can only refund its customers up to 14 days after a purchase.
There is a 3 month cancellation time to cancel Sporty services for a Facility / Place.
You are responsible for following your country’s cancellation rules and other laws set by your country. We provide you a service, but you set the rules, terms and features for your club.
If we make changes to these Terms, we will provide notice of such changes by posting a notice on the Service and updating to the newest "Effective" date above. Your continued use of the Services will confirm your acceptance of the revised Terms. You should frequently review the Terms to ensure you’re updated and understand the terms and conditions that apply to your use of the Services. You can find the Terms of Service at www.sportyapp.com/terms. If you do not agree to the amended Terms, you must stop using the Services.
Questions and Comments
Sporty welcomes comments, questions, concerns and suggestions. Please send feedback to our email: firstname.lastname@example.org