terms_and_conditions

GENERAL TERMS AND CONDITIONS OF USE OF THE APPLICATION (TERMS AND CONDITIONS)

(1) This document sets forth the terms and conditions for access and use of the application, hereinafter referred to as “General Terms and Conditions”.

(2) Each User, as soon as he/she undertakes activities aimed at using the application, is obliged to read, comply with and accept the General Terms and Conditions, without restrictions and reservations.

(3) If you do not agree to all General Terms and Conditions, you must stop using the application and deactivate it immediately.

4. all trade names, company names and their logos used in the application belong to their owners and are used for identification purposes only. They may be registered trademarks.

(5) Unauthorized use of the contents of the application, works or information, as well as unauthorized reproduction, retransmission or other use of any element of the application is prohibited, as such action may violate, among others, copyrights or protected trademarks.

(6) Questions or comments regarding the application may be submitted to the following email address: contact@sportvision.tech.

II. DEFINITIONS

1. APPLICATION – a tool, named: MocApp, used to provide electronic services;

2. CONTACT FORM – a questionnaire available in the application, which allows you to immediately send a message to the Owner of the application;

3. REGISTRATION FORM – a questionnaire available in the application that allows registration and creation of an Account in the application;

4. ACCOUNT – a set of resources in the application, marked with an individual name or login and password, in which the User’s data is collected;

5. NEWSLETTER – Electronic Service that allows the User to place an order to receive free information from the Owner regarding the application to the e-mail address or telephone number provided;

6. APPLICABLE LAW – For the purpose of implementing the General Terms and Conditions, Polish law shall apply;

7. USER – an individual, legal person or an organizational unit without legal personality, to which the law grants legal capacity, using the electronic services available within the application;

8. TERMS and CONDITIONS – the set of all provisions of, among others, these General Terms and Conditions, Privacy Policy, Cookies, Rules and Regulations for the use of the online store, and any other terms and conditions, found in the application, which relate to certain functions, features or promotions, as well as customer service;

9. OWNER – The entity providing this application, namely: Sport Vision Technology with its registered office in/at: Półwiejska 17/26 Street 61-888 Poznań, entered in the Register of Entrepreneurs kept by the District Court in: Poznań, Commercial Department, under KRS number: 0000789601, NIP number: 7831802467, e-mail: sebastian.konkol@sportvision.tech;

III. SCOPE OF TERMS AND CONDITIONS

(1) The owner shall provide access to the content of the application, in accordance with the following General Conditions.

(2) The content and data published in the application are for the information of interested parties and may be used for informational purposes only.

(3) Users may use the access and services offered in the application, subject to prior agreement to the General Terms and Conditions.

IV. PRINCIPLES OF USING THE APPLICATION

(1) The application is supported by all kinds of web browsers. No special features of the User’s terminal device are required.

(2) Upon acceptance of the Terms, the User shall have the right to view, copy, print and distribute, without altering the content, the content of this application, provided that:

(a) the content will be used for informational, non-commercial purposes only;

(b) each copy made will contain copyright information or data on the author of the content.

(3) It is prohibited to use and copy software, processes and technologies that are part of the application.

(4) Users may use the application only in compliance with the provisions of the Telecommunications Law, the Law on Provision of Electronic Services and the relevant provisions of civil law.

(5) It is prohibited to use the application:

(a) in a manner leading to violation of applicable laws;

b) in any manner that is unlawful or unfair, or in a manner aimed at achieving an unlawful or unfair purpose;

(d) to send, knowingly receive, upload or use content that does not comply with the General Terms and Conditions;

e) to transmit or provoke the sending of any unsolicited or unauthorized advertising or promotional material, as well as any form of similar, falling under the collective category of SPAM;

(f) to knowingly transmit any data, send or upload any material containing viruses, Trojan horses, spyware, adware or other harmful program or similar computer code programmed to adversely affect or threaten the operation of any software or computer equipment or adversely affect or threaten the User.

(4) Users have the right to use, reproduce and exploit for profit the content created using the application (i.e. recorded animations). Their further modification, processing and sale is possible.

V. STORAGE OF INFORMATION ABOUT USER PREFERENCES BY THE APPLICATION

(1) The application stores information about the User’s access and preferences.

(2) This information is usually stored by the application, in order to keep track of information about the device used and to analyze the operation of the application to track and fix potential errors.

(3) The information stored by the application is used, among other things, for advertising and statistical purposes and to customize the application to the individual needs of Users.

4. most Users and some mobile browsers automatically accept the storage of information by the application, including cookies. If these settings are left unchanged, the information will be stored in the application.

(5) You may change your preference for accepting information storage or stop using the application. To change the acceptance settings, you need to adjust the application settings.

6. it is worth remembering that blocking or not accepting information storage by the application may prevent you from using it fully.

7 The stored information will be used for necessary session management, including:

(a) Recognizing when a User has previously downloaded the application, thus identifying the number of unique Users who have used the application and ensuring that the Owner has sufficient capacity for the number of Users;

(b) To customize elements of the layout or content of the application;

c) To collect statistical information about how Users use the application, in order to improve the application and to be able to gain knowledge about which parts of the application are most popular with Users.

VI. EXTERNAL LINKS

(1) Links contained in this application, to other websites, are provided for informational purposes only.

(2) The owner of the application is not responsible for the content on other sites, or for any damage resulting from their use.

VII. NEWSLETTER

(1) It is possible to subscribe to the newsletter, by providing an e-mail address or telephone number and agreeing to the processing of personal data of the User, in order to receive commercial and marketing information from the Owner, by e-mail or SMS.

(2) Through the newsletter, sent via e-mail or SMS, the Owner informs the User about the latest offers such as news, promotions or sales.

(3) The User may unsubscribe from the newsletter at any time by clicking on the link contained in the newsletter received or by sending an email to: newsletter@sportvision.tech.

VIII. RESPECT FOR INTELLECTUAL PROPERTY

(1) The Application and its content may be protected by copyright, trademark and other laws, related to the protection of intellectual property.

(2) The marks, logos and other personalized emblems of the Owner appearing in the Application (collectively, the “Marks”) are trademarks of the Owner.

(3) Except with separate, individual, written authorization, the User may not use the Marks, belonging to the Owner: separately, or in combination with other verbal or graphic elements, especially in press releases, advertisements, promotional materials, marketing materials, in the media, in written or oral materials, in electronic form, in visual form, or in any other form.

IX. PROTECTION OF USER DATA

The Owner fully respects the privacy of Users. For details on how User’s personal data or other information is collected and processed, as well as situations in which the Owner may disclose it, please refer to the Privacy Policy.

X. LIMITATION OF LIABILITY

(1) The application contains information of a general nature. It is not intended to broker any professional advisory services. You should contact a professional advisor before taking any action affecting your financial or business situation.

(2) The Application does not provide any warranties regarding its content, in particular, warranties of security, flawlessness, absence of viruses or malicious codes, warranties regarding correct operation or quality.

3. the Application does not provide any warranty, express or implied, including warranties of merchantability or fitness for a particular purpose, non-infringement of copyright, customization, security and reliability of information.

(4) The user uses the application at his/her own risk and assumes full responsibility for damages related to or resulting from its use, whether direct or indirect, incidental, consequential, punitive, or other damages in contract, tort, negligence, including but not limited to loss of data or services.

(5) The application shall not be liable in any way for links provided in the application, especially if they lead to sites, resources or tools, maintained by third parties.

(6) The owner shall not be liable if the application is temporarily or long-term unavailable for any reason.

7. the Owner is not responsible for the information provided in the application, nor can the Owner ensure the complete security of transactions or communications conducted through the application.

8. despite the Owner’s best efforts to ensure the accuracy and timeliness of the application, errors unintentional by the Owner may occur, which the User, upon detection, is requested to report to the Owner.

(9) All exclusions and limitations of liability indicated above shall apply to the fullest extent permitted by law, covering any type of existing liability, including, but not limited to, contractual liability, tort liability and any other liability provided by Polish or foreign legal order.

XI. VALIDITY OF PROVISIONS

(1) Should any provision of the General Terms and Conditions be or become invalid or ineffective, in any jurisdiction, the remainder of the Terms and Conditions shall remain valid and unaffected. The parties shall replace the invalid or ineffective provision with another provision that reflects the intended purpose as closely as possible. Accordingly, this also applies to any gaps in the General Terms and Conditions.

(2) Should any provision of the General Terms and Conditions be or become invalid or ineffective, in one or more legal systems, all provisions of the General Terms and Conditions shall remain valid in any other legal system.

XII. RELATIONSHIP TO CONCLUDED AGREEMENTS

Unless otherwise stipulated, the General Terms and Conditions constitute the complete and exhaustive agreement between the User and the Owner regarding the use of the Application with respect to the content contained therein, and supersede all other agreements, understandings and contracts, regarding the subject matter (content) of these General Terms and Conditions.

XIII. MODIFICATION OF THE TERMS AND CONDITIONS OF THE APPLICATION

(1) The Owner of the application reserves the right to modify these General Terms and Conditions, at any time, by posting the updated version on the application, which shall take effect for Users from the moment of their publication, unless otherwise indicated in the modified General Terms and Conditions.

(2) The User is obliged to familiarize himself with the modifications of the General Terms and Conditions, of which the Owner will inform him by sending him a message or communication about the modifications of the General Terms and Conditions for his acceptance.

(3) Continued use of the application is tantamount to acceptance of the modified General Conditions of the application.

XIV. RESOLUTION OF DISPUTES

(1) Any disputes that arise, the Parties agree, in the first instance, to resolve amicably, before a competent arbitration court (arbitration clause).

(2) If amicable settlement of the case proves impossible, the dispute arising from these General Terms and Conditions shall be resolved by the court in whose district the Owner’s registered office is located

XV. LEGAL BASIS

The following laws shall apply accordingly to matters not covered by these General Terms and Conditions:

(a) the Telecommunications Law of July 16, 2004 (i.e., Journal of Laws of 2022, item 1648, as amended);

b) the Act of July 18, 2002 on the provision of services by electronic means (i.e. Journal of Laws of 2020, item 344, as amended);

(d) the Civil Code Act of April 23, 1964 (i.e., Journal of Laws of 2023, item 1610, as amended);

and other relevant provisions of Polish law.