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User and Partner Terms of Service

 

By using the DARYSE Service, the User agrees to these Terms of Service and any Supplementary Terms as amended and updated from time to time. Please read the following Terms of Service carefully before using the DARYSE Service. If you do not agree with the Terms of Service, please do not use the DARYSE Service. These Terms of Service apply to any use of the DARYSE Service and to the agreements between a Partner or Club and the User. Your access or use of any DARYSE Service in any way signifies that you have read, understand and agree to be bound by the Terms of Service. If you register as a company, association or any other legal entity (e.g. a Club or Partner), you represent and warrant that you are authorised to bind the entity into these Terms of Service.

 

1. Definitions

“User” means a player who use DARYSE or its purposes.

 

“Partner(s)” means agents, scouts, coaches, club officials and sport partners like league representatives, brands, or similar body who has entered into an agreement with DARYSE and who offers its content, experiences, and brand affiliation to benefit players, coaches or the football landscape through the DARYSE Service.

 

“Partner Agreement” means any partner agreement concluded between DARYSE or any subsidiary of DARYSE and a Partner inter partes which shall be attached and included as an integral part of these Terms of Service which shall have precedence over the Terms of Service inter partes.

 

“Partner Representative” means any natural or legal entity that is legally obliged to represent the Partner when entering into agreements.

 

”Privacy Policy” means the privacy policy attached and included as an integral part of these Terms of Service available at [www.daryse.com/privacy].

 

”Supplementary Terms” means any additional terms and conditions applying to the DARYSE Service which are considered an integral part of these Terms of Service, e.g. (but not limited to) the Privacy Policy, Club Agreement or Partner Agreement (as the case may be).

 

“Supporter” means any parent, guardian, person in custody or other trusted person (being a User) authorised by a football player (being a User) to administrate the football player’s User and User Content.

 

”Terms of Service” means these terms of service including any Supplementary Terms as amended and updated from time to time.

 

“DARYSE” / “we” / “us” means the German company DARYSE GmbH with its registered address at Im alten Driesch 5 in 51519 Odenthal, Germany company registration (HRB) no.108758 for Users registered in any location.

 

“DARYSE App” means any digital application called DARYSE provided by DARYSE for natural and legal persons to create a User or presence by uploading/viewing content, results, and performance inputs either as a User or Partner as well as access to the relevant information database underlying the DARYSE App and the other DARYSE Services.

 

“DARYSE Service” means both the DARYSE App (across various platforms and available in different app stores) and DARYSE website [daryse.com].

“User(s)” means a natural or legal person using the DARYSE Service, as either a player, coach, Supporter, or other similar entity.

 

“User Content” anything posted by a User (save for Supporters) or made available through the DARYSE Service by the User.

 

2. Changes to the Terms of Service

 

2.1. We may, from time to time, change, remove, add to (including without limitation by way of Supplementary Terms) or otherwise modify the Terms of Service, and reserves the right to do so in our sole discretion. In that case, we will post the updated Terms of Service and/or Supplementary Terms, as relevant, to the applicable DARYSE Service(s) and indicate the date of revision.

 

2.2. We encourage you to periodically review the Terms. In addition, if our modifications are material, we will make commercially reasonable efforts to notify you electronically, e.g. by way of email address, if we have an email address on file, or by displaying a notice on the DARYSE Service indicating that the Terms of Service have changed. All new and/or amended Terms of Service take effect immediately, unless explicitly stated otherwise.

 

2.3. Notwithstanding the foregoing, (i) no modification to the Terms of Service will apply to any dispute between you and DARYSE that arose prior to the effective date of any modification; and (ii) if you do not agree with any modification to the Terms of Service, you may terminate this agreement by ceasing use of the DARYSE Service. Your continued use of any DARYSE Service after new and/or revised Terms of Service are effective indication that you have read, understood and agreed to those Terms of Service.

 

3. Description and Purpose of the DARYSE Service

 

3.1. DARYSE acts as an intermediary between the Users, Agents, Scouts, Coaches, Clubs and Partners and provides a platfor on which the Users can create a profile (personal data) and upload position based skill videos as well as interact with the community of Users, Agents, Clubs and further Partners.

3.2. A User may create a profile as either a player, a coach, an agent or a Supporter depending on their involvement in football into which they will then input relevant data.

3.3. The objective of providing DARYSE with this data is to help Users to track, and progress through their football career or the career of others. The data provided by Users is used by DARYSE to analyse the football industry as a whole, and to connect Users with football opportunities which may best apply to them. This can include, but is not limited to, Club or Partner collaborations, detection events, training, deep learning, or special events.

 

4. User Accounts

4.1. In order to use the DARYSE Service, the User must create a user account by following the registration instructions in the DARYSE Service. The DARYSE Service credentials are personal. The User shall ensure that any user account credentials and equivalent information required to access the user account of the User are kept confidential and used in a secure manner not accessible by third parties. A User can have only one user account.

 

4.2. Where it is suspected that any unauthorised person has become aware of a User’s user account credentials or has access to the user account of the User, the User shall immediately inform DARYSE thereof. The User shall be responsible for any use of the DARYSE Service and any activity under the user account of the User.

 

4.3. In order to use the DARYSE Service, the User must input valid and accurate data to the best of their ability. The User agrees to adhere to these rules. The User is responsible to keep their data up to date and accurate, in order to benefit from any profiling, or celebration from Agents, Scouts, Clubs, Partners or from us.

 

4.4. Should a User not adhere to these Terms of Service, DARYSE may in its sole discretion remove and delete that User’s account and any related User Content. If a User selects an identifier for their account, DARYSE reserves the right to edit, remove or reclaim it, if we believe it is inappropriate (such as a User name or a team name that does not closely relate to a User’s actual name, club or level).

4.5. The Supporter shall be responsible for any use of the DARYSE Service and any activity under the user account of the Supporter and the User(s) which the Supporter administrates and acts on behalf of from time to time, if any, subject to the same terms and conditions applying to that User in these Terms of Service applying to the Supporter mutatis mutandis (i.e. with the necessary changes being made).

5. Data

 

5.1 The purpose of utilising the User’s data will be in the spirit of benefitting football as a whole, and the User themselves wherever possible.

 

5.2. DARYSE will request data that is closely linked to Section 3.1 above, and will minimise excessive data collection.

 

5.3. The onus is on the User to ensure that their data is up to date and accurate via their inputs. From this, DARYSE will ensure that information stored will be accurate and up to date too.

 

5.4. DARYSE shall store the data on Users for a period of 10 years, however always subject to continuous valid and sufficient consent. This is to monitor progression over time, as well as to follow trends in football as a whole. If the User does not agree with this, they may request for their account to be deleted pursuant to the procedures set out in the Privacy Policy.

 

5.5. DARYSE will take any reasonable steps to ensure that personal data is kept secure – against both external and internal threats.

 

5.6. The User Content provided by Users to the DARYSE Service may be accessed directly by third party providers. This data will not be made anonymous, and may be hosted on a third party provider’s server.

 

5.7. For further information on DARYSE collection, storing and processing of personal data please see our Privacy Policy at [daryse.com/privacy].

 

6. Club/Partner Accounts

 

6.1. In order to use the DARYSE Service, the applicable Club/Partner Representative must accept the Terms of Service on behalf of the Club/Partner. By accepting these Terms of Service, the Club/Partner Representative accepts such on behalf of the Club/Partner itself. Consequently, the Club/Partner is bound by the Terms of Service.

 

6.2. Upon agreeing to the Terms of Service, the Club/Partner shall be required to activate their community of influencers, players, coaches, and other entities and encourage them to join the DARYSE Service.

 

6.3. DARYSE and the Club/Partner shall enter into a Club/Partner Agreement. In the event of any conflict or inconsistency between the terms and conditions of the Club/Partner Agreement and the Terms of Service, the terms of the Club/Partner Agreement shall take precedence inter partes and shall govern, modify, supplement, and supersede such inconsistent or conflicting provision(s).

7. Recognising Talent

7.1. By using the DARYSE Service, the User agrees for their information to be shared with applicable Clubs and Partners in order to be profiled, sponsored, scouted, or to receive special offers or opportunities.

7.2. The User accepts that the DARYSE Service is only able to highlight players on which DARYSE has specific data. This means that the onus is on the User to ensure that their profile is up to date and correct.

 

7.3. The opportunities created in order to highlight talent are at DARYSE’s complete discretion. DARYSE may take into account the User’s data, social following, content, coach feedback, or any other measure in order to rate talent.

 

 

8. User Generated Content

 

8.1. Users may post, save, upload and/or contribute (“post”) content to the DARYSE Service, including videos, pictures, text and additional information.

 

8.2. Users retain all rights in, and are solely responsible for, the User Content posted on DARYSE.

 

8.3. Upon posting User Content on the DARYSE Service, DARYSE is granted a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use any User Content posted on or in connection to DARYSE Services.

 

8.4. This license is applicable throughout the User’s period of having a DARYSE account, or until the User deletes the User Content. However, this does not take into account User Content that has been shared by others, including but not limited to other Users, Partners, Clubs, and DARYSE.

 

8.5. DARYSE is not responsible for any User Content nor does it endorse any opinion contained in User Content. We reserve the right to remove and modify User Content for any reason including User Content that we believe violates these Terms of Service.

 

8.6. DARYSE values feedback from Users and our community, and we are always interested in learning how to improve and make DARYSE Services better. If Users and our community submit comments, ideas or feedback, you understand that we are free to use them without any restriction or compensation. However, we are not obliged to use comments, ideas or feedback, just as you have no obligation to offer them.

 

8.7. You have sole responsibility for the accuracy, quality, integrity, legality, reliability, appropriateness, and intellectual property ownership or right to use any and all uploaded data that you submit. DARYSE shall not be responsible or liable for the deletion, correction, destruction, damage, loss or failure to store any uploaded data. DARYSE may try to restore lost data, however we do not make any warranty to recovering or restoring lost data.

 

8.8. There is no tolerance for objectionable content or abusive Users. If a User is found to act in this manner, their account will be suspended with immediate effect.

 

9. Intellectual Property Rights

 

9.1. All Intellectual Property Rights (as defined below) in or related to the DARYSE Service and thereto related documentation and all parts and copies thereof shall remain exclusively vested with and be the sole and exclusive property of DARYSE and/or its subcontractors/licensors. “Intellectual Property Rights” shall mean copyrights and related rights (including database and catalogue rights and photography rights), patents, utility models, design rights, trademarks, trade names, trade secrets, know-how and any other form of registered or unregistered intellectual property rights.

 

9.2. These Terms of Service do not grant the User/Partner/Club any Intellectual Property Rights in the DARYSE Service and all rights not expressly granted hereunder are reserved by DARYSE and its subcontractors/licensors.

10. Additional Provisions for use of the DARYSE Service

 

10.1. The DARYSE Service is only available to persons of the age of 13 years or older.

 

10.2 The User and Partner shall observe all applicable rules and regulations when using the DARYSE Service, including the creation or adaption of content.

 

10.3. We are constantly developing the DARYSE Service and we may change or remove different parts of the DARYSE Service, including features, the products and Partners available in the DARYSE Service in part or in whole.

 

10.4. By using the DARYSE Service, the User or Partner may encounter content or information that might be inaccurate, incomplete, delayed, misleading, illegal, offensive or otherwise harmful. DARYSE does attempt to review any content provided by others. DARYSE is not responsible for third parties' (including the Partners and Users) content or information or for any damages arising as a result of the use of or reliance on it.

 

10.5. Users and Partners shall be responsible for obtaining and maintaining any devices or equipment (such as mobile phones, tablets, computers etc.) and connections needed for access to and use of the DARYSE Service and all charges related thereto.

 

10.6. The User and Partner must not:

 

           (i) use or attempt to use another person’s DARYSE account and/or access another person’s performance data on the DARYSE Service or use another person’s input data when using the DARYSE Service, without consent of that other person or a duly setup Supporter account;

 

           (ii) copy, modify or create derivative works of the DARYSE Service or any related technology;

 

          (iii) reverse engineer, decompile, disassemble, decipher or otherwise attempt to derive the source code for the DARYSE Service or any related technology, or any part there of;

 

          (iv) remove any copyright, trademark or other proprietary rights notices contained in or on the DARYSE Service;

 

          (v) remove, cover or obscure any advertisement included on the DARYSE Service;

 

          (vi) collect, use, copy, or transfer any information obtained from the DARYSE Service without the consent of DARYSE;

          (vii) use bots or other automated methods to use the DARYSE Service;

 

          (viii) create a DARYSE account using a fake identity or an identity of another person; and

 

         (vii) access the DARYSE Service except through the interfaces expressly provided by DARYSE, such as the DARYSE App and DARYSE Website.

 

11. Term and termination

 

11.1. These Terms of Service (and any amendments thereof pursuant to Section 2 above) are in force as a binding agreement until further notice as long as the User or Partner are using the DARYSE Service or as otherwise stipulated in a Partner Agreement, as the case may be.

 

11.2. The User or Partner can discontinue the use of the DARYSE Service at any time. DARYSE can discontinue providing the DARYSE Service permanently or temporarily at any time, however, always subject to terms and conditions in the Partner Agreement, as the case may be.

 

12. Limitation of Liability and Force Majeure

 

12.1. Except to the extent required by applicable law and then only to that extent, in no event will DARYSE, its employees, officers, directors, affiliates or agents (“DARYSE Parties“) under no circumstances be liable to the User or Partner for any indirect or incidental damages, including lost profits or revenue, lost sales or business, lost data, business interruption, emotional distress or similar, or for any direct damages as a result of third party agreements between Users, Partners.

12.2. DARYSE shall not be responsible or liable whatsoever in any manner for any User Content posted on the DARYSE Services (including claims of infringement relating to content posted on the DARYSE Services, for your use of the DARYSE Services, or for the conduct of third parties whether on the DARYSE Services, in connection with the DARYSE Services or otherwise relating to the DARYSE Services).

 

12.3. In case of force majeure, DARYSE shall have the right to suspend delivery and/or cancel or reduce the content and compilation of the DARYSE Service to be provided and shall not be liable in any way for loss, damage or expense arising directly or indirectly from this, or any other failure or delay in DARYSE’s performance of the DARYSE Service, to the extent that this has been caused by any circumstance beyond DARYSE’s reasonable control, including, without limitation, acts of God; earthquakes; fires; floods; wars; civil or military disturbances; acts of terrorism; sabotage; strikes; epidemics/pandemics; riots; power failures; computer failure and any such circumstances beyond its reasonable control as may cause interruption, loss or malfunction of utility, transportation, computer (hardware or software) or telephone communication service; accidents; labour disputes; acts of civil or military authority; governmental actions; or inability to obtain labour, material, equipment or transportation; industrial disputes (whether or not involving employees of DARYSE); or failure or delays by DARYSE’s material subcontractors, suppliers or partners.

 

13. Disclaimer of Warranties

 

13.1. To the fullest extent permitted by the applicable law, DARYSE offers the DARYSE Services as-is and makes no representations or warranties of any kind concerning the DARYSE Services, express, implied, statutory or otherwise, including, without limitation, warranties of title, merchantability, fitness for a particular purpose, or non-infringement.

 

13.2. DARYSE does not warrant that the functions or content contained on the DARYSE Services will be uninterrupted or error-free, that defects will be corrected, or that DARYSE’s servers are free of viruses or other harmful components. DARYSE does not warrant or make any representation regarding use or the result of use of the content in terms of accuracy, reliability, or otherwise.

 

14. Indemnification

 

14.1. You agree to indemnify and hold harmless the DARYSE Parties (as defined above) from and against any and all loss, expenses, damages, and costs, including without limitation reasonable attorneys fees, resulting, whether directly or indirectly, arising out of your use of the DARYSE Services, including but not limited to your violation of the Terms of Service. You also agree to indemnify and hold harmless the DARYSE Parties from and against any and all claims brought by third parties arising out of your use of any of the DARYSE Services and the content you make available via any of the DARYSE Services by any means, including without limitation through a posting, a link, reference to content, or otherwise.

 

15. Miscellaneous

 

15.1. Please note that the DARYSE Service may at any time be interrupted or permanently discontinued. The DARYSE Service may also be temporarily suspended. Do not use the DARYSE Service for backing up any data.

 

15.2. Any failure to exercise or delay by a party in exercising a right or remedy arising in connection with the Terms of Service or by law shall not constitute a waiver of such right or remedy or of any other rights or remedies.

 

15.4. Any invalidity or unenforceability of a provision shall not affect the validity or enforceability of any other provision of the Terms of Service.

 

16. Applicable Law and Dispute Resolution

 

16.1. These Terms of Service shall be governed by and shall be construed in accordance with the laws of Denmark. If you are a consumer domiciled in the EU, please note that you cannot be deprived of the rights granted to you by the mandatory consumer protection laws of your country of domicile. Disputes arising from these Terms of Service shall be resolved by the district court of Copenhagen. A consumer may always institute proceedings in the district court of its domicile. Parties may also use the ODR platform managed by the European Commission to settle their disputes. This platform can be found on http://ec.europa.eu/odr.

 

17. Assignment

 

17.1. DARYSE shall be entitled to assign all or any of its rights or obligations hereunder in whole or part to an affiliate or successor or to a purchaser or acquirer of its business assets relating to DARYSE Service without the Users or Partners prior consent.

 

17.2. The Users or Partners shall not be entitled to assign any of its rights or obligations hereunder in whole or part.

 

18. Translation

 

Our Terms of Service was originally written in English. We may translate it into other languages.

 

In the event of a conflict between a translated version of our Terms of Service and the English version, the English version will prevail.

 

That’s it! Thanks for reading.

 

DARYSE - For those who dare to rise!

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