TERMS OF SERVICE

Terms of Service (Qridi Sport)

Introduction

Thank you for starting to use the Qridi Sport software service. We want to help your sports club/team with our digital solution. The information presented below serves as a legal agreement between you and Qridi Oy (FI27182799), registered in Finland and authorizes you to use the Service.

Acceptance of terms

These terms and conditions (hereinafter “T&C”, “Agreement”) govern the contractual relationship between Qridi Oy, (hereinafter “Company”, “Qridi”, “Qridi Sport”, “We”, “Us”, “Our”) and the users of its services (“Customer”, “User”, “You”). By “You” we mean you as the individual representative of a Customer. You must have the right to represent your organization (sport club, enterprise or other official organization) and You agree that you are authorized to enter into these Terms on behalf of the Customer and that, where you and the Customer are separate legal entities, you are the authorized signatory of the Customer. The Company and Customer are also referred to individually as a “Party” and collectively as “Parties”. Terms of use other than these T&Cs do not become part of the contract, unless Qridi Oy expressly agrees to them.

By logging in or authenticating yourself with your email and using Qridi Sport, You confirm that You have read and accepted all conditions presented in Terms of Service and Personal Data Agreement in full, without any subtractions and limitations on your part and commit to observe them or cease using the Service. Any new features or tools added to Qridi Sport shall be also subject to the Terms of Service. If You disagree with Terms of Service and/or the Privacy Policy or You do not have the right to make an agreement, You should immediately terminate any use of the Service. This agreement is effective from the moment when You use the Service. If you have any questions about these terms, please feel free to contact us (info@qridi.com).

Subject of the Contract

Qridi Sport software service is especially designed to support sport club’s and team’s coaches. Service allows coaches and athletes to contribute to different phases of the sport activities: events, training planning, goal-setting, implementation and assessment. All-in-one approach enables different coaching tools in the same platform for example messaging, event sign up, training planning, goals, questionnaires, evaluations and training material bank. Athletes and coaches can use Qridi Sport via mobile application or web browser.

The services provided by Qridi and as such subject to this T&C, include the use of the Qridi Sport service during a trial phase and as a paying customer and the moves board application. For this purpose, Qridi Sport offers its users free trials and different subscription packages that differ in pricing and extent of functionalities. The prices and functionalities can be adjusted by Qridi Oy anytime without providing previous notice to the user.

Conclusion of the Contract

In order to use the services of Qridi Sport, 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. It is the customer's responsibility to ensure that all their users are aware of this and other contents of the agreement, which should be taken into account when using the service.

Creating a paid subscription in 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&C and Qridi’s Personal Data Agreement.

Qridi offers a free trial subscription. This trial subscription allows the free use of the Qridi Sport services for a limited time. The registration for the free trial also constitutes the conclusion of a contract.

If a trial is not converted into a subscription within a month after expiry of the trial, Qridi is allowed to delete the user account and all data linked to it. The trial subscription can only be used once for each User.

Data Privacy (GDPR)

Regarding the Qridi Sport software service, the User is the data controller and the Company is the processor of personal data acting on behalf of the User. These Terms of Service together with the personal data agreement form an agreement on the processing of personal data. Please also read that document carefully.

If the User wants to give own documented instructions for the processing of the personal data, User must send such instructions to the Service Provider well in advance of registration, or if the User has already registered, before the start of the next access period. The user must ensure written confirmation from the company about the arrival and acceptance of the documents.

The Company acts as a data controller when it collects information about customers and the customer's contact persons and users in its own customer register. This is necessary in order to maintain customer relationships and ensure quality service. We will collect some personal data about you when you access our website for any of the Services and when you purchase one of our Subscriptions. We are the controller for this personal data. In the role of the data controller, we can use personal data for targeted messages from customer service, in marketing, for ease of use, to ensure data security and to detect data breaches. We may collect aggregated information about roles to better understand usage patterns to improve the service. We only use personal data for work purposes. The GDPR defines certain essential obligations that apply to the controller (A, B, C and D).:

A) Accountability

Upon each enquiry, the controller must be able to demonstrate compliance with the provisions of the GDPR. The Company has met its accountability obligation through the following measures: 

B) Obligation to ensure a legal basis and purpose for the processing of personal data

There must always be a basis and purpose for the processing of personal data, which means that personal details cannot be collected without a predetermined purpose. The GDPR specifies six bases by virtue of which personal data can be lawfully processed. Four of them apply to the Company as a controller and form the legal basis for the data processing (even one basis is sufficient):

As regards the personal data processed by the Company, one of the bases listed above must be met for each group of data subjects, resulting in the Company having the right to process the personal data.

C) Obligation to notify of data breaches

One of the controller’s essential obligations applies to activity in the context of data breaches. As a general rule, the controller is always obliged to provide notification of such breaches, regardless of their scope.

Notification obligation in brief:

Notifying data subjects of a data breach;

D) Rights of the registrant

As a registered user and if you are a resident of the European Economic Area (EEA), you have several rights in relation to your personal data. Email us at info@qridi.com if you want to take any of the actions listed below or have questions about your rights.

Please note that since we are not responsible for the content created by our Users - You or others - for their own User accounts, and for reasons of trust we do not even review these materials, we cannot extend the measures below to the personal data that may be contained in the material in question. As the data controller, You yourself are responsible for the personal data collected.

The right to inspect and receive information

Upon Your request, we will inform You of all the personal information we have about You in our customer register. We deliver the information to You in a commonly used and machine-readable format.

Right of deletion

Upon your request, we will remove all personal information about You from our customer register, unless we have a special legal basis to retain the information. Exercising the right to delete also means closing your user account.

The right to restrict processing

You can limit our processing of your personal data if you have a legal basis for doing so (e.g. inaccurate data).

Right to object

You have the right to object to the processing of your personal data for marketing purposes.

The right to restrict processing

You have the right to submit your case to the supervisory authority if you believe that the processing of your personal data violates the relevant legislation. The national supervisory authority for personal data matters is the Data Protection Commissioner working in conjunction with the Finnish Ministry of Justice.

Your personal data may be transferred outside the EU for technical reasons. The precondition for such transfer is that the European Commission has found the level of data protection in the target country to be sufficient or that the party receiving the data outside the EU has agreed to establish the appropriate safeguards to protect personal data. Upon request, we will provide you with up-to-date information on all of our personal data processing partners and will further clarify the safeguards mentioned in the previous paragraph in the event of data being transferred outside the EU.

Other User’s Rights and Obligations

The Customer shall be responsible for acquiring and maintaining the functional status of the hardware, connections and software that the Customer needs to use the Software Service. The Customer shall be responsible for the data communication and other comparable costs related to use of the Software Service.

The Customer undertakes to ensure that the Software Service is suitable for the Customer’s purpose of use and that it meets the Customer’s requirements for the service. The Customer shall use the Software Service in accordance with this Agreement. Customers are solely responsible for interactions with other Customer’s users using our Services.

Customer must take all appropriate measures to ensure the security of personal data being entered into the Service. You must not transfer your username and password, as well as access to your authenticated mobile apps and unique links with profile information to any third parties and are fully responsible for their safekeeping, independently choosing a way to store them. You are solely liable for all actions and their consequences within and/or in relation to the use of the Service under your account.

You must ensure that all Customer’s users, athletes and parents are aware of the Customer using Qridi Sport and inform them of Qridi’s Terms of Service and Personal Data Agreement.

The customer is obliged to pay the respective subscription fees for the use of our services. Subscriptions that are directly closed in the Qridi Sport Solution are automatically debited on a monthly or annual basis, depending on the selected subscription type. It is the obligation of the User to make sure that the credit card details are accurate and sufficient funds are available. If automatic payments fail due to inaccurate credit card details or insufficient funds, the user account will be blocked until the payment could be successfully processed.

Subscription payments that are invoiced (e.g. bank transfer) have to be paid by the customer within 14 days after the invoice was issued.

The content uploaded and/or published by users is not checked by Qridi 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. athletes) to enter / upload their personal information to our applications.

As a condition of use, You promise not to use the Services for any purpose that is unlawful or prohibited by these Terms. By way of example, and not as a limitation, you agree not to use the Services:

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

You agree that You may not use the Application in any way that is or for purposes that are prohibited under this Agreement or any law in force in your jurisdiction. You also agree not to engage in any activity that interferes with or disrupts the servers and networks relating to the Software Service. You must not work around any technical limitations in the Software Service.

Other Company Rights and Obligations

Qridi makes the Software Service available to users unless there are circumstances beyond Qridi’s control. Qridi takes all reasonable technical and organizational measures to protect all data. The information contained in the account is stored and processed by the Company according to the Personal Data Agreement and applicable regulatory acts.

Qridi is considered as a processor on behalf of its Users and processing is governed by these Terms of Service. Processing personal data takes place only if User decides to store their data in the Service.

Qridi ensures that access to personal data is restricted with only those employees who need such access to perform their job functions and have committed themselves to confidentiality. Qridi takes all appropriate measures to ensure the security of processing.

Qridi uses sub-processors, when necessary, to offer Service to the Users, including but not limited to support, server and messaging service providers, as well as for maintaining a sales pipeline about Customers.

Qridi, taking into account the nature of the processing and the information available to Qridi Sport, assists Customers with appropriate technical and organizational measures, insofar as this is possible, for the fulfillment of exercising the data subject’s rights and other responsibilities under GDPR.

The Company has the right to use Customer as a reference in Company’s marketing. Company is 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 Qridi Sport. If the customer does not agree with this, we kindly ask for a corresponding note.

The Company has the right to use Customer material for the purposes of providing Software Service to the Customer.

The company can use the accumulated data in all its current or future business operations when developing its service. This does not apply to personal data in accordance with the GDPR. Data does not mean personal data or material belonging to a party.

If you submit comments and feedback regarding our Services, we may use your comments and suggestions without any obligations to You.

Intellectual Property Rights

The ownership of the Software Service remains with the Company as the use of the Software Service is sold as a service. All software copyright and IPR remains with the Company.

Customer is granted a limited, revocable, personal, non-transferable and non-exclusive license to access and use the Service and the Services’ software. With this T&C, no existing intellectual property rights will be assigned between the Parties. All intellectual property rights to the software service and Company material and amendments thereto shall belong to the Company or third party. 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. Customer is not (and may not permit anyone else to) modify, rent, lease, loan, sell, distribute, create derivative work of, reverse engineer, decompile, or otherwise try to extract the source code of the Qridi Sport Service or any part thereof.

The Customer shall be responsible for Customer material and for ensuring that the Customer material does not infringe any third-party rights or violate any legislation in force from time to time. In some of our Services, you can transfer, submit, store and send or receive content. You retain the intellectual property rights that you have with that content. That which belongs to you, therefore, continues to belong to you.

Nothing in these Terms of Service gives Customer the right to use any of Qridi’s trade names, trademarks, service marks, logos, domain names, trade dress and other distinctive brand features. However, the customer can use Qridi Sport as a reference.

Prices

Qridi Sport offers its users free trials and different subscription packages that differ in pricing and extent of functionalities. Pricing can be seen in the software and on the company's website. The prices and functionalities can be adjusted by Qridi Oy anytime without providing previous notice to the user. But if the change also affects the customer, the company will notify the customer at least 90 days before the change takes effect. The change shall not affect the charges for invoicing periods which have commenced before the effective date of the change.

The Software Service includes storage capacity of 10 MB/athlete. If the total exceeds the amount, the Company will contact the Customer in this context or makes the customer aware of the need for additional storage space within the software. The additional space price is 1 euro/1GB/month + taxes. An additional space must be ordered separately by the Customer’s contact person so the company does not bill for additional space without the customer's approval.

Limitation of Liability

Neither Party shall be liable for delay and damage caused by an impediment beyond the Party’s control and which the Party could not have reasonably taken into account at the time of conclusion of this Agreement and whose consequences the Party could not reasonably have avoided or overcome. Such force majeure events shall include, if not proven otherwise, inter alia, war or insurrection, earthquake, flood or other similar natural catastrophe, interruptions in general traffic, data communication or supply of electricity, import or export embargo, strike, lockout, boycott or other similar industrial action. A strike, lockout, boycott and other similar industrial action shall also be considered, if not proven otherwise, a force majeure event when the Party concerned is the target or a Party to such an action.

Customer shall not assign this Agreement, either wholly or in part, without the written consent of the Company. Such consent shall not be unreasonably withheld if the assignee undertakes in writing to comply with the terms and conditions of this Agreement and the assignment is to a company belonging to the same group of companies as the Party, or is made in connection with the transfer of business operations.

The Company shall be entitled to assign its receivables under this Agreement to a third party by notifying the Customer of the assignment in writing. The Company has the right to transfer its business to a possible other party, for example in connection with a business transaction. In any case, the company is obliged to notify the customer of such a change and its effect on the use of Software Service.

Liability for direct damage or financial loss culpably caused by Qridi Oy in the performance of the services is limited to the amount of one annual subscription fee.

Installation, change or maintenance work

The service is available 24 hours a day. However, the Company has the right to take the Service or part of it temporarily out of use due to maintenance, installation, modification work, excessive load on the system or other similar reasons without liability for damages. The Company endeavors, when it is reasonably possible, to inform the User of interruptions in the Service that are relevant to the User in advance to the e-mail address specified in the User Information or within the service.

The Company shall have the right to prevent the Customer’s access to the Software Service without first consulting the Customer, if the Company justifiably suspects that the Customer burdens or uses the Software Service in a manner that jeopardises the delivery of the Software Service to other users. The Company shall without undue delay inform the Customer of the reasons for such prevention.

Termination of Contract and Changing a Subscription

Customers have the right to cancel the contract concluded between them and Qridi anytime without giving reasons. The customers can use the cancellation right by unsubscribing in the Sofware Service or by sending an e-mail to info@qridi.com.

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

The term of the contract between Company and the User is not limited. The User may terminate the contract according to the Cancellation Policy. If the subscription fee is automatically charged it is the responsibility of the Customer to cancel the subscription before the next annual or monthly payment is processed. Company is not obliged to refund payments in cases of late subscription cancellations.

Company may immediately terminate the agreement based on these Terms if Company is determined that a User is acting, or has acted in a way that has negatively affected or may negatively reflect Company and/or the Service or other Users or if a User has breached obligations set in these T&C.

Upon termination of the account the customer and its users may lose all access to the services and any portions thereof, including the data and content. The above provisions shall not affect the right of both parties to terminate the contract for good cause.

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, the Company is not obliged to refund payments already received from the customer (e.g. if a customer downgrades a paid annual subscription after a few months).

The Company shall also be entitled to cancel this Agreement wholly or in part if the Customer has not paid a due and correct payment within 30 days of a written overdue payment reminder and the Customer has not provided the Company with an acceptable guarantee for the payment of the charges under this Agreement.

Disclaimer

We expressly exclude any warranty that the Software Service will be available at all times or that your use of the Software Service will be uninterrupted or error free. We reserve the right to suspend the operation of the Software Service, including if required or requested to do so by our hosting service provider. To the extent permitted by law, we shall not be liable in respect of any action or claim in relation to such unavailability or any claim for loss or damage arising therefrom.

You as a Customer expressly understand and agree that your use of the Software Service is at your sole risk and that the Service is provided “as is” and “as available”. Company do not represent or warrant to you that your use of the Service will meet all your requirements, that your use will be uninterrupted, timely, secure or free from error, that any information provided (whether by us or any third party) will be accurate or reliable or that defects in the operation of functionality of the Service will be corrected.

Resolving disagreements

This Agreement shall be governed by the laws of Finland. In the event no settlement can be reached by means of negotiations, any dispute, controversy or claim arising out of or relating to this Agreement, or the breach, termination or validity thereof shall be finally settled by arbitration in accordance with the Expedited Arbitration Rules of the Finland Chamber of Commerce. A dispute shall be resolved by a sole arbitrator. The arbitration shall be conducted, and the arbitration award shall be given in the English language. The Parties agree that the arbitration procedure and all thereto related material and information shall be treated as confidential information.

Updates to Terms of Service

Company reserves the right to make changes to these Terms of Service Conditions and other Agreements by posting revisions and/or providing advance notice of changes to the Terms, generally via email where practicable, and otherwise through a notification on the website or in our Software Service. We may change these terms or conditions, such as a Service, such as reflecting changes in law or in our Services. We will notify you when we update the Terms. Changes do not apply retroactively. If you do not accept the changed Terms of Service, you can stop using the Service.

Updated  30.8.2022