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Terms and Conditions

MYDATASPORT.COM TERMS AND CONDITIONS
1. TERMS AND CONDITIONS OF THE SERVICE
  • 1. The following Terms and Conditions (“Terms”) together with the Order, the SLA, and the DPA (as defined below) constitute the subscription agreement entered into you (“Customer”) and the MYDATASPORT.COM entity (“MYDATA”) and govern your access to and use of: (i) the MYDATASPORT.COM software platform and the documentation and the functions performed, as well as any corrections, updates, and upgrades thereto (“Software”) and any other maintenance and support thereto (also subject to the SLA that will have priority in any case of inconsistency with these Terms); (ii) the MYDATASPORT.COM devices and any other related equipment that MYDATASPORT.COM may provide you.
  • 2. We may change these Terms, our privacy policy, or our cookies policy at any time. If there are any changes in our Terms, we will notify you through our Services or the email account you are registered to give you the opportunity to revise the changes before they are made. If you do not agree to any of such changes, you may terminate your account. The use of our services after the changes of our terms was published or notified, will be treated, to all purposes, as the acceptance of the updated Terms.
2. CAPACITY OF ACCEPTANCE
  • 1. By accessing and/or using any of our Services, you claim to be authorized to agree to these Terms on behalf of the Customer
  • 2. You explicitly acknowledge and agree that you understood and abide by and be legally bound by our Terms and Privacy Policy (as defined below). If you do not agree, you shouldn’t use our Services.
3. ORDER
  • 1. The Services are requested under an Order subscribed to the present date (“Order”). The Order is binding once MYDATASPORT.COM agrees in writing. MYDATASPORT.COM shall not be responsible to provide any Service or product that is not detailed in the corresponding Order.
4. USE OF SERVICES
  • 1. Once you Will subscribe in the corresponding Order, the Customer will have the right to use the Services during the Time (as defined below) subject to these Terms. MYDATASPORT.COM will provide the Services, subject to these Terms and according to the information, the parameters, and established criteria in your Order (if applicable).
  • 2. For that purpose, subject to these Terms and Conditions and the payment of applicable fees, MYDATASPORT.COM will grant you a personal, revocable, non-exclusive, non-assignable, and non-transferable license to have access and use the Services (and the data included in the Application) and to allow Professional Users (as defined below) to have access and use the Software, as well as to allow Authorized Users to use the Application owned by MYDATASPORT.COM (hereinafter “Application”), in a device that the corresponding Authorized User owns or controls, subject to their acceptance of the terms and condition applicable to such Application. “Authorized Users” refers to: (i) all the players of a team (every individual, a “Member of the team”), property controlled or operated by the Customer (each member, a “team”); and (ii) members of the professional personal Team (such as coaches and advisors) (“Professional Users”).
  • 3. MYDATASPORT.COM may change, suspend or withdraw any Service or Application, or change and modify future rates and commissions, at our option. To the extent permitted by law, these changes will become effective when they are notified to you. MYDATASPORT.COM may change or withdraw any of the Services or the Application. We cannot ensure that we will store or continue showing the information or content you have published. The Service and/or Application is not considered a storage service. You agree that we do not have the obligation to store, preserve and deliver a copy of any content or information that you or other people provide us, except to the extent permitted by law and as stated in our Privacy Policy.
  • 4. Between you and MYDATASPORT.COM, you are the owner of the content and the information you provide or share in the Services. You only grant MYDATASPORT.COM and our subsidiaries the following non-exclusive license: A transferable, geographically unlimited right and subject to sublicenses to use, copy, modify, distribute, publish and process the information and contents that you provide us through our Services and third-party services without any additional consent, notification, or compensation to you or third-parties. These rights are limited the following way: i. You can terminate this license for a specific content deleting such content from the Services or deactivating your account unless (a) you have shared this content with other people as part of the Service and at the same time they have copied, re-shared, or stored and (b) during the reasonable period that takes to withdraw the content from the backup and other systems. ii. Even though we may edit and make changes of format in your content (such as translate it, modify the size, design, or type of file, or remove metadata) we will not modify its message. iii. As you are the owner of your content and information, and we only have non-exclusive rights regarding thereof, you may choose to share it with third parties. You agree with MYDATASPORT.COM that if the content includes personal information it will remain subject to our Privacy Policy. Likewise, you agree with MYDATASPORT.COM that we can have access, store, process, and use any information or personal information that you provide according to our Privacy Policy terms and your choices (including the settings). By submitting suggestions or other comments to MYDATASPORT.COM about our Services, you agree that MYDATASPORT.COM uses and share such comments for any purpose without any compensation to you. You commit to providing us only information and content you have a right and that the information in your MYDATASPORT.COM profile is true. You agree to only provide content and information that is not contrary to the law or rights of any person (including intellectual property rights). You also agree to provide true information on your profile. MYDATASPORT.COM may be required by law to withdraw certain information o content in some countries. We will respect the settings you do regarding who can see your information and content.
  • 5. Your use of the content and information of other people shared in our Services run at your own risk. Other third-parties may provide their own products and services through our Services but we are not responsible for the activities third-parties may do. By using the Services, you may find inaccurate, incomplete, outdated, misleading, illegal, offensive, or harmful information or content. MYDATASPORT.COM does not usually revise the content provided by its members or other people. You agree that you are not responsible for the content or information of other people (including other members). We cannot always avoid the misuse of our Services and you agree that we are not responsible for such use. We also acknowledge the risk that you or your company may be wrongfully associated with the content of other people. You are responsible to decide whether you want to enter or use third-party applications or websites that have a link in our Services. If you allow a third-party application or website to authenticate you or log on to your MYDATASPORT.COM account, such application or website may have access to your information and your contacts’ information. The third-party applications and websites have their own legal terms and privacy policy and you may be granting permission to third parties to use your information in a way that we would not use it. Except for limited cases in which the relevant legislation requires, MYDATASPORT.COM is not responsible for these applications and websites. Use them at your own risk.
  • 6. Hereby, you agree and acknowledge that MYDATASPORT.COM may provide different Software and/or Application versions that may contain different characteristics and features according to our responsibility.
5. ACCOUNT
  • 1. To use the Software and Application, MYDATASPORT.COM will create an individual account for each Customer in the Software and Application .
  • 2. Hereby, the Customer shall: a. Provide MYDATASPORT.COM precise and complete login information; b. Not to allow that anyone but you have access or use your Account, not create any Account for any other third-party and not use a third-party account without your permission; c. Keep your Account password safe and d. Immediately notify MYDATASPORT.COM about any security violation or unauthorized use of your Account. You are still the only one responsible for the activity that occurs on your Account. 1. To use the Application, each of your Authorized Users have to create a user account (“User Account”). 2. Hereby, you agree to continue being responsible for the activities made as regards the Users’ accounts of your Authorized Users and to make sure that they will comply with the applicable obligations.
6. REPORTS
  • 1. The Services allow you to have access to the results, information, and reports obtained and created as regards the monitoring and analysis of DATA provided through them (“Reports”). The Reports may include without limitation data and statistics about the individual and group training of the Members, details of the development of the Members of the Customer’s Teams and comparisons between the Members of the Team
7. USE OBLIGATIONS OF THE SERVICES
  • 1. You shall not allow Authorized Users or any third parties do the following proceedings:

a. Use or create a false identity, fake your identity, create a profile for someone it is not you (a natural person) or an Authorized User, neither use nor try to use other people’s account;

b. Copying, distributing, disseminating, renting, leasing, providing, using for time-share services or service offices, exporting, modifying, adapting, translating, improving, personalizing or creating derivative Service works or any part thereof;

c. Reverse engineering, decompiling, disassembling, or attempting to derive the source code of the Software or any part thereof;

d. Deleting or distorting any proprietary notices, labels, legends in the Services;

e. Using any automated means to have access or use the Services neither avoid nor deactivate any technological or safety feature of the Services;

f. Using, sending, uploading, publishing, transmitting, or inputting any device, code, routine or another component (including bots, virus, etc., among others) that interferes (or intends to interfere) with the operation or integrity of the Services, or illegal, libellous, deceiving, obscene, fraudulent, harassing, pornographic or abusive content;

g. Using the Services to design or develop any product or service that competes with our Services;

h. Using the Services for any illegal or fraudulent purpose, to violate these Terms or infringe or unduly misappropriate any intellectual property right, privacy, or third-party advertisements, such as copyrights, patents, trademarks, trade secrets, or other property rights. For example, do not copy or distribute (except through the share function available);

i. Disclosing information that you do not have the right to share (such as confidential third-party information, including your company);

j. Carrying out any action that imposes or may impose, as determined, in the sole discretion of MYDATASPORT.COM, a disproportionately heavy load of incoming requests in the Services infrastructure;

k. Violating or abusing the password protections that operate the Software and/or Application access;

l. Using or directing the Services to interface with an IP or device that is not expressly authorized to do so; and/or m. Using directly or indirectly the Services to launch, spread, participate, conduct or try any attack, hack or send bandwidth saturation, malicious network messages, or potentially harmful to any device.

  • 2. You shall do the following procedures as well as guarantee that the Authorized Users will carry them out:

a. Comply with all relevant laws, including, among others, privacy laws, intellectual property laws, antispam laws, export control laws, tax matter laws, and other regulatory requirements.

b. Provide us accurate and keep it updated.

c. Use your real name on your profile.

d. Use the Services professionally. e. Comply with all the obligations undertaken in these Terms at all times.

  • 3. MYDATASPORT.COM reserves the right to restrict, suspend or terminate your account if it considers that you have breached these Terms, the law, or misuse the Services.
8. THIRD-PARTY SOFTWARE
  • 1. You expressly acknowledge that the Software and/or Application may include third-party components (“Third-Party Software”), that you should only use with the Software and/or Application and it will not be used for any other purposes without the prior written consent of MYDATASPORT.COM. Such Third-Party Software is provided “as is” without warranties of any kind and subject to the license terms attached to the Third-Party Software, available at www,mydatasport.com .
9. PAYMENTS
  • 1. In consideration for the Services, you shall pay applicable non-refundable subscription fees (if any) specified in the Order, taking into account the established periods in it. Unless otherwise provided by the Order, every fee shall be paid monthly and they shall be payable within thirty (30) days following the invoice date. Late payment will be subject to a late payment fee charge equal to 1,8% monthly or if it is less, the maximum amount allowed by applicable law. All the amounts payable shall not be subject to any compensation or deduction. All fees do not include taxes, fees, and similar charges imposed by the government and you are responsible for the payment of that whole amount including sales taxes, Value-Added Tax (VAT), withholding tax, exports and imports, and other tariffs imposed by any government or agency related to the Services.
10. INTELLECTUAL PROPERTY RIGHTS
  • 1. You acknowledge that MYDATASPORT.COM owns solely and exclusively each and every right, title, and interests of the provided Services including all the intellectual property rights thereof, and including the modifications, reports or derived and/or compiled data thereof, regardless of whether they are provided or developed by any of the parties. MYDATASPORT.COM may make such data available to the Customer or Authorized Users of the Application and/or Software according to the previous Section 4 (“Use Rights”). There is nothing in this Agreement that establishes a waiver of Oliver´s intellectual property rights, under any law.
  • 2. The trademarks and logos used in the Services are the trademarks of their respective owners. MYDATASPORT.COM, the logos and other MYDATASPORT.COM brands, the service marks, the graphics, and logos used for our Services are MYDATASPORT.COM registered trademarks.
11. FEEDBACK
  • 1. If you contact MYDATASPORT.COM to share suggestions or comments about the Services, which may include suggestions or comments about customizations, features, upgrades, modifications, corrections, derivatives, or extensions (“Comments”), such Comments will be considered exclusive MYDATASPORT.COM property and it shall be free to adopt those comments for any of its products or services and use it in any other way. Olive shall disclose, reproduce, license or distribute and exploit those Comments if it considers it appropriate without obligation or constraints of any kind on account of intellectual property rights or other rights. Hereby, you waive any right of the Comments, including, among others, any right to royalties or any other consideration and you commit to deal with the Comments as MYDATASPORT.COM Confidential Information (as defined below).
12. MODIFICATIONS
  • 1. At any time, MYDATASPORT.COM reserves the right to:

1. interrupt, change, upgrade, or modify the Services or any aspect or feature of them; and

2. remove or restrict its access or any aspect or feature of the Services.

13. Cancellation and Refund Policy

At www.mydatasport.com, we strive to provide a high-quality service. However, we understand that there may be circumstances where cancellation is necessary. Below, we outline our cancellation and refund policy:

1. Service Cancellation

Users may request service cancellation within 3 days of purchase.

  • If the cancellation is requested within this period, the service will be terminated at no additional cost.
  • After the 3-day period, cancellations will not be eligible for a refund.
2. Refund Policy
  • No refunds will be issued once the service has started.
  • In exceptional cases (such as severe technical issues, inability to access the service due to factors beyond the user's control, or other extraordinary situations), a full refund of the paid fee will be granted.
3. How to Request a Cancellation or Refund

To request a cancellation or refund, users must send an email to info@mydatasport.com including the following details:

  • Full name
  • Email address associated with the account
  • Reason for cancellation or refund request

Requests will be reviewed and responded to within a maximum of 3 business days. If a refund is approved, it will be processed within an additional 3 business days.

4. Contact

For any questions regarding this policy, you can contact us at info@mydatasport.com.