Football GPS Tracker | OLIVER SPORTS

TERMS AND CONDITIONS

TERMS AND CONDITIONS OF SERVICE
1. The following Terms and Conditions of Service ("Terms"), together with the SLA and the DPA (as defined below), constitute the subscription agreement entered into by you (the “Customer”) and the entity Sports Data Innovation SL ("Oliver Sports", "we", "our" or "us") and govern your access to and use of: (i) the Oliver Sports software platform and the related documentation and functions, as well as any corrections, updates, and upgrades thereto ("Software"), as well as any support and maintenance thereto (also subject to the SLA, which will have priority in any case of inconsistency with these Terms); (ii) the Oliver Sports devices and any other related equipment that Oliver Sports may provide you ("OLI"). The Software and the OLI devices will be referred to collectively as the "Services".
2. We may change the Terms, our Privacy Policy, or our Cookies Policy at any time. If we introduce any changes to the Terms, we will notify you through our Services or to the email account you registered, to give you the opportunity to review the changes before they take effect. If you do not agree to any of the changes, you may close your account. Your use of our Services after the publication of or notification about the changes to these Terms will be treated, for all purposes, as your acceptance of the updated Terms.
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 will abide by and be legally bound by our Terms and our Privacy Policy (as defined below). If you do not agree, you should not use our Services.
USE OF SERVICES
1. Once you receive the OLI devices specified in the corresponding Order, the Customer will have the right to use the Services during the Term (as defined below), subject to these Terms. Oliver 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, Oliver grants you a personal, revocable, non-exclusive, non-assignable, and non-transferable license to access and use the Services (and the data included in the Application), on a device that the corresponding Authorized User owns or controls, subject to their acceptance of the terms and conditions applicable to such Application.
3. Oliver may change, suspend, or withdraw any Service or the 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.
  Oliver 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, or 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. The full use of the Oliver Service depends on your use of a computer with the appropriate software or a compatible mobile device and having access to the Internet. The maintenance and security of such equipment may affect the provision of the Oliver Service, and you are responsible for ensuring the functionality of the equipment. You are responsible for all Internet access charges. Please check with your Internet provider for information on possible Internet data usage fees.
5. Between you and Oliver, you are the owner of the content and the information you provide or share in the Services. You only grant Oliver 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:
  1. You can terminate this license for a specific content by deleting such content from the Services, or by deactivating your account, unless (a) you have shared this content with other people as part of the Service and they have copied, re-shared, or stored it, and (b) during the reasonable period that it takes to withdraw the content from backups and other systems.
  2. Even though we may edit and make format changes to your content (such as translating it, modifying its size, design, or file type, or removing metadata) we will not modify its message.
  3. As you are the owner of your content and information, and we only have non-exclusive rights regarding it, you may choose to share it with third parties.
  You agree with Oliver that if the content includes personal information it will remain subject to our Privacy Policy.
  Likewise, you agree with Oliver that we can 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 Oliver about our Services, you agree that Oliver uses and shares such comments for any purpose without any compensation to you.
  You commit to providing us only information and content you have a right to, and that the information in your Oliver profile is true.
  You agree to only provide content and information that is not contrary to the law or the rights of any person (including intellectual property rights). You also agree to provide true information on your profile. Oliver may be required by law to withdraw certain information or content in some countries.
  We will respect the settings you make regarding who can see your information and content.
6. Your use of the content and information of other people shared in our Services runs 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. Oliver 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 for deciding 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 Oliver 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, Oliver is not responsible for these applications and websites. Use them at your own risk.
7. Hereby, you agree and acknowledge that Oliver may provide different Software and/or Application versions that may contain different characteristics and features according to our responsibility.
DELIVERY
1. The delivery of each OLI item shall be made to the shipping address provided by the Customer in the Order, according to the shipping terms provided in the Order. Oliver will use commercially reasonable efforts to meet the delivery time specified in the Order; however, it acknowledges that the delivery depends on outside third parties beyond the control of Oliver and, under no circumstances, Oliver will be responsible for delays.
ACCOUNT
1. The Oliver Service is intended for your personal, non-commercial use. To use the Software and the Application, Oliver will create an individualized account for each Customer in the Software and the Application ("Player Account"). The Customer shall:
  1. Provide Oliver with accurate and complete login information;
  2. Not allow anyone other than yourself to access or use your Player Account, not create a Player Account for any third party, and not use any third party’s account without their permission;
  3. Keep your Player Account password secure; and
  4. Immediately notify Oliver of any security breach or unauthorized use of your Account. You remain solely responsible for all activity that occurs in connection with your Player Account.
REPORTS
1. The Services allow you to access results, information, and reports obtained and created in connection with the tracking and analysis of physical and sports training provided through the Services ("Reports"). The Reports may include, without limitation, data and statistics regarding training and detailed information on the user’s progress.
USE OBLIGATIONS OF THE SERVICES
1. You shall not allow Authorized Users or any third parties to do the following proceedings:
  1. 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, nor use or try to use another person’s account;
  2. 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;
  3. Reverse engineering, decompiling, disassembling, or attempting to derive the source code of the Software or any part thereof;
  4. Deleting or distorting any proprietary notices, labels, legends in the Services;
  5. Using any automated means to have access or use the Services neither avoid nor deactivate any technological or safety feature of the Services;
  6. Using, sending, uploading, publishing, transmitting, or inputting any device, code, routine or another component (including bots, viruses, 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;
  7. Using the Services to design or develop any product or service that competes with our Services;
  8. 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);
  9. Disclosing information that you do not have the right to share (such as confidential third-party information, including your company);
  10. Carrying out any action that imposes or may impose, as determined, in the sole discretion of Oliver, a disproportionately heavy load of incoming requests in the Services infrastructure;
  11. Violating or abusing the password protections that operate the Software and/or Application access;
  12. Using or directing the Services to interface with an IP or device that is not expressly authorized to do so; and/or
  13. 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:
  1. 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.
  2. Provide us with accurate information and keep it updated.
  3. Use your real name on your profile.
  4. Use the Services professionally.
  5. Comply with all the obligations undertaken in these Terms at all times.
3. Oliver 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.
THIRD-PARTY SOFTWARE
1. You expressly acknowledge that the Software and/or the Application may include third-party components ("Third-Party Software"), which shall be used only together with the Software and/or the Application, and shall not be used for any other purpose without the prior written consent of Oliver. Such Third-Party Software is provided “as is” without warranty of any kind and subject to the license terms attached to such Third-Party Software, which are available at https://oliversports.ai/legal/third-party-software in the document titled “OLIVER OPEN SOURCE SOFTWARE TERMS OF SPORTS DATA INNOVATION SL.” The provisions of these Terms shall apply to all Third-Party Software providers as if they were Oliver and the Software and/or the Application respectively.
INTELLECTUAL PROPERTY RIGHTS
1. You acknowledge that Oliver owns solely and exclusively each and every right, title, and interest 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. Oliver 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. Oliver, the “Oliver” logos and other Oliver brands, the service marks, the graphics, and logos used for our Services are Oliver registered trademarks.
FEEDBACK
1. If you contact Oliver to share suggestions or comments about the Services, which may include suggestions or comments about customizations, features, upgrades, modifications, corrections, derivatives, or extensions (collectively, "Comments"), such Comments will be considered exclusive Oliver property and it shall be free to adopt those Comments for any of its products or services and use them in any other way. Oliver shall disclose, reproduce, license, 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 to the Comments, including, among others, any right to royalties or any other consideration, and you commit to deal with the Comments as Oliver Confidential Information (as defined below).
MODIFICATIONS
1. At any time, Oliver 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.
PRIVACY
1. Both parties commit to comply with the EU-Regulation 2016/679 determined by the European Parliament and the Council, of 27 April 2016 (GDPR) and the Organic Law 3/2018, of December 5, Protection of Personal Data and Guarantee of Digital Rights and current Spanish legislation. The personal information provided by the Customer in the acceptance of these Terms will be included in the corresponding register, owned by Oliver. Such personal information shall solely be treated to enable the execution of the Services and to maintain a commercial relationship which implies sending commercial communications. The legitimacy of data processing is based on the relationship established, the compliance of the legal obligations applicable, and the legitimate interest of the sending of communications. Data will be kept during this relationship and the necessary years to fulfill legal obligations.
  Data could be transferred to the Tributary Agency and other public administrations for the compliance of tax obligations; as well as, to financial entities for the collection management and payments.
  Users holding personal data obtained in these Terms may exercise their right of access, rectification, opposition, limitation, deletion, portability, and their right of not being the object of any automated decisions by heading to the included addresses in this contract as the domicile of the parties involved. Furthermore, you can complain in the Spanish Data Protection Agency (www.aepd.es), especially if you failed to obtain satisfaction when exercising your rights.
2. The use of Services and Oliver Application imply the processing of users’ personal data that in some cases will include physiological and specially protected data. The Customer is the owner of the data and responsible for processing personal data regarding the execution of these Terms. Oliver acquires the capacity of Processor regarding personal data that it collects and processes for the execution of the service. Oliver shall be responsible for the data as long as it has the consent of users for its own purposes, properly informed.
  Oliver will duly process anonymized data for the improvements of its products and services.
  The Customer, as responsible for the personal data previously described, is solely responsible for informing and requesting the express and explicit consent, as the case may be, of the Service and Application users. Oliver, on behalf of the Customer, shall provide information about data processing in the Application privacy policy.
  In accordance with the provisions in Article 28 of the General Data Protection Regulation, 2016/679 of 27 April (henceforth, GDPR), Oliver is authorized, and it agrees, to have access to personal data of their ownership and both parties will be subject to the clauses in Annex 1.
CONFIDENTIALITY
1. Each party commits to process confidentially and to keep Confidential Information a secret. They would only use it to comply with their obligations derived from these Terms.
2. Oliver may disclose the other party’s Confidential Information to employees or agents of any of its group companies whose access to such information is strictly necessary for the purpose of fulfilling its obligations or exercising its rights under these Terms; in any case, prior to disclosing such information, each employee or agent must be informed of their duty and obligation to keep the Confidential Information secret and not to use such information for any purpose other than those set forth in the agreements derived from these Terms. Oliver will take all necessary measures to ensure that such employees and agents comply with the confidentiality terms and conditions of this clause.
3. Confidential Information will not include the information that the receiving party may sufficiently prove and in writing that:
  1. At the moment it was revealed, such information was already known by the receiving party and outside the framework of its confidentiality obligation;
  2. It was accessible to the general public and available in the public domain at the moment it was disclosed to the receiving party;
  3. It was accessible to the general public or it became available in the public domain after its disclosure without the receiving party failing to comply with these Terms, either by act or omission;
  4. It was revealed to the receiving party, except for a confidential obligation to a third-party, by a third-party that did not have a confidential obligation with the receiving party;
  5. Its dissemination was approved by the disclosing party in a written authorization; or
  6. It was independently made by employees and contractors of the receiving party or any of its affiliates without using any Confidential Information of the other party.
4. Each party shall use or disseminate the other party’s Confidential Information, as long as such usage or dissemination is reasonably required to defend themselves in a trial, to fulfill the applicable governmental regulations or submit information to tax authorities or other governmental authorities, to comply with these Terms or exercise in any other way their rights thereunder, as long as the revealing party, who is forced to disseminate such Confidential Information, reports well in advance to the other party and makes every effort to ensure the confidential processing of such information before its dissemination.
5. If one party develops or uses a product or procedure in which, in the other Party’s reasonable view and as a proof thereof, the usage of any Confidential Information could have been involved, the receiving party of such Confidential Information shall provide, upon a written petition by the disclosing party, the necessary reasonable information to state that such Confidential Information has not been used or disclosed with the purpose of developing or using such product or procedure.
6. Each party shall notify the other party (or any of the employees related to the compliance of these Terms) if it is aware of any unauthorized disclosure of any Confidential Information and will provide reasonable assistance.
7. The previous confidentiality obligations about the received Confidential Information shall remain in force during the period in which it remains confidential, even after the termination of these Terms.
SALES TERMS AND PAYMENT SERVICES
1. Oliver Sales Terms are applicable to purchases of devices made to Oliver. The Sales Terms are incorporated and are part of these Terms. All the orders made are subject to Oliver’s acceptance. We can accept, reject, or set limits to your order for any reason.
2. Your purchase and use of any of our payment services are subject to Oliver’s Payment Services Terms, which are incorporated in these Terms.
RETURNS AND WARRANTY
1. The user will have the right to return the product within fourteen (14) days of receiving it, and Oliver must refund the amount within fourteen (14) days from the date of being informed of the withdrawal. All shipping costs will be borne by the user. It is essential that the product is returned in the same condition in which it was shipped; otherwise, Oliver reserves the right to refuse the corresponding refund.
2. Oliver warrants the Customer, within 12 months from the date of delivery, that the delivered or provided OLI devices shall be free from material and labor flaws under normal conditions of use. This period may be extended, at the discretion of Oliver (such period, together, the "Warranty Period").
3. The previous limited warranty shall not apply if any OLI:
  1. Has been altered, except by us;
  2. Has not been installed, operated, repaired, or maintained according to our instructions;
  3. Has been subject to excessive physical or electrical stress, misuse, abuse, neglect, or accident;
  4. Has been combined with a product or software which was not provided by us;
  5. Has been damaged due to causes beyond our control; or
  6. Has not been used according to our Terms.
4. If you notify Oliver in writing about a warranty claim, within the applicable Warranty Period previously specified, we shall repair or replace the defective components of the OLI device with new or rebuilt parts without additional charges. All repair or replacement parts provided as part of the previous warranty service are warranted for the remained Warranty Period in force at that time.
5. EXCEPT FOR THE WARRANTY ESTABLISHED IN PREVIOUS PARAGRAPHS, THE SERVICES AND/OR APPLICATION ARE PROVIDED “AS IS” AND OLIVER WAIVES, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ANY OTHER WARRANTY, EITHER EXPLICIT OR IMPLIED OR STATUTORY OR OTHERWISE, INCLUDING WITHOUT LIMITATIONS, IMPLIED WARRANTIES OF A) MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT OF THIRD-PARTY RIGHTS, INCLUDING INTELLECTUAL PROPERTY RIGHTS; B) SERVICES AND/OR APPLICATION SHALL FUNCTION WITHOUT INTERRUPTION OR ERROR; AND C) SHALL PROVIDE THE SERVICE (INCLUDING CONTENT AND INFORMATION) “AS IS” AND “AS AVAILABLE”.
6. Oliver shall not be responsible for:
  1. Any Internet technical problem (including, without limitation, slow Internet connections); and/or
  2. Any problem that may be attributable to your hardware or software, your Internet connection or data service; and/or
  3. Any problem with the electrical voltage of the facilities where OLIs are charged.
7. OLIVER MAKES NO REPRESENTATION OR WARRANTY REGARDING ANY CONTENT OR INFORMATION AVAILABLE THROUGH THE SERVICES AND/OR APPLICATION, INCLUDING WITHOUT LIMITATIONS, THE GRANTED REPORTS. THE USE AND RELIANCE OF THE SERVICES AND/OR APPLICATION ARE ENTIRELY AT YOUR OWN DISCRETION AND RISK. OLIVER SHALL HAVE NO RESPONSIBILITY TO YOU OR ANY THIRD PARTY REGARDING ANY OF THE FOREGOING.
8. OLIVER MAKES NO WARRANTY OR REPRESENTATION REGARDING ANY IMPROVEMENT (OR LACK OF IT) OF THE PHYSICAL OR ATHLETIC ABILITIES OR CAPACITIES OF THE CUSTOMER.
9. HEREBY, YOU ACKNOWLEDGE THAT THE USE OF THE SERVICE IS VOLUNTARY AND AT YOUR OWN RISK AND AGREE THAT OLIVER SHALL NOT BE RESPONSIBLE FOR ANY CONSEQUENCES (SUCH AS, BUT NOT LIMITED, HEALTH PROBLEMS, PERSONAL INJURIES OR DEATH) related to you or any third party resulting from the use (or inability to use) of the Services, including without limitation at the time such consequences result from technical problems, internet connection or telecommunications (such as slow internet connections, traffic congestion or third-party server overload).
10. NEITHER OLIVER NOR ITS PERSONNEL ARE LICENSED HEALTHCARE PROVIDERS AND THEY HAVE NO EXPERIENCE IN DIAGNOSING, EXAMINING, OR TREATING MEDICAL CONDITIONS OF ANY KIND, NOR IN DETERMINING THE EFFECT OF ANY SPECIFIC EXERCISE ON A MEDICAL CONDITION. YOU HEREBY ACKNOWLEDGE THAT NO MEDICAL OR SIMILAR PROFESSIONAL ADVICE IS PROVIDED (OR INTENDED TO BE PROVIDED) THROUGH THE SERVICES AND/OR THE APPLICATION, AND THAT THE SERVICES AND/OR THE APPLICATION SHOULD NOT BE USED OR RELIED UPON AS A SUBSTITUTE FOR CONSULTATION with a qualified and licensed physician, such as your doctor or a certified sports trainer, coach, sports scientist, or performance expert. SEEK PROFESSIONAL ADVICE BEFORE FOLLOWING ANY TRAINING INSTRUCTIONS YOU RECEIVE THROUGH THE SERVICES AND/OR THE APPLICATION, OR BEFORE PARTICIPATING IN ANY EVENT ANNOUNCED THEREIN. NOT ALL EXERCISES OR ACTIVITIES THAT MAY BE SPECIFIED IN THE DEVICE ARE SUITABLE FOR EVERYONE.
11. YOU ACKNOWLEDGE THAT THE USE OF THE OLIVER DEVICE DOES NOT GUARANTEE THAT INJURIES WILL NOT OCCUR.
12. NEVER DELAY SEEKING MEDICAL ADVICE DUE TO SOMETHING YOU READ IN OR THROUGH THE SERVICES. YOU MUST UNDERSTAND THAT WHEN PARTICIPATING IN ANY EXERCISE OR TRAINING PROGRAM, THERE IS THE POSSIBILITY OF PERSONAL INJURIES AND/OR DEATH. IF YOU THINK YOU MAY HAVE A MEDICAL EMERGENCY, CALL YOUR DOCTOR OR EMERGENCY SERVICES IMMEDIATELY. IF YOU FEEL DISCOMFORT OR PAIN, IMMEDIATELY STOP THE ACTIVITY THAT CAUSES SUCH DISCOMFORT OR PAIN.
ALERTS AND COMMUNICATIONS
1. As part of your use of the Oliver Sports Service, you may receive notifications, text messages, alerts, emails, and other electronic communications. You agree to receive these communications. You can control most communications from the Oliver Sports Service through your account settings. We may need to send you certain communications, such as service announcements and administrative messages. You are responsible for any messaging or data rates that may be charged by your wireless carrier. All notices, agreements, legal information, or other communications that we send you electronically will satisfy all legal requirements for communication, including that such communication be in writing.
LIMITATION OF LIABILITY
1. In no event shall Oliver Sports be liable for any special, incidental, punitive, or consequential damages, or for the loss of data/profits, use of money, interruption in the use or availability of data, suspension of other work or deterioration of other assets, fines or other penalties for breach arising out of or in connection with this agreement or the use of the Services and/or the Application, whether such liability arises from any claim based on contract, warranty, Confidential Information, tort (including negligence), including any injury or mishap suffered by a player using the Services and/or the Application without supervision by qualified technicians, strict liability or otherwise, even if Oliver Sports and its affiliates have been advised of such damage, and even if such remedies fail of their essential purpose.
INDEMNIFICATION
1. The Client shall hold Oliver Sports fully harmless from and against all damages, liabilities, claims, obligations, judgments, rulings, and expenses of any kind incurred as a result of third-party claims arising from:
  1. Any data or information provided by the Client;
  2. Any claim against Oliver Sports by the Client;
  3. Violation of any applicable law or regulation (including, without limitation, applicable privacy laws) by the Client;
  4. Violation of any third-party rights, including, without limitation, any intellectual property rights or privacy rights by the Client;
  5. The Client’s breach of applicable privacy obligations; and/or
2. Without derogating from or excusing your obligations under this Section, Oliver Sports reserves the right (at its own expense), but has no obligation, to assume the exclusive defense and control of any matter subject to indemnification by you, if it so wishes. You agree not to settle any matter subject to indemnification by you without first obtaining the express prior written approval of Oliver Sports.
TERM AND TERMINATION
1. These Terms shall come into effect at the moment you accept them and shall remain in force during the initial period set forth herein (the "Initial Term"). Upon expiration of the Initial Term, and subject to the Client’s payment of the agreed fees, the Terms shall automatically renew for successive periods equivalent to the Initial Term (the Initial Term and each renewal shall be collectively referred to as the "Term").
2. We reserve the right to suspend or deactivate your account or your access to certain aspects or the entirety of the Oliver Sports Service, as well as to terminate these Terms, at our sole discretion, at any time, without prior notice and without incurring any liability to you. In the event of such suspension, deactivation, or termination, we may delete or remove your content and any other information related to your account. You may close your account at any time by contacting Customer Support. In the event of termination of these Terms or suspension, termination, or discontinuation of the Oliver Sports Service or your account, the following remaining clauses of these Terms shall continue in force.
3. Upon termination of these Terms, you must cease all access to and use of the Services and/or the Application.
4. Upon termination of these Terms, you will no longer have access to the Reports or other content and data stored or offered through the Services, whether provided by you or generated as a result of the Services ("Materials"). Oliver Sports reserves the right to permanently delete any Materials or other content that may remain within your Client Account at any time after termination, and you agree to waive any legal or equitable rights or remedies you may have against Oliver Sports with respect to such Materials or other content that has been deleted.
5. For more information regarding the Term and Termination of the Services provided by Oliver Sports, please refer to Oliver Sports’ Payment Services Terms.
ASSIGNMENT
1. These Terms, as well as the rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Oliver Sports to any third party without restriction, subject to prior notice of such assignment.
AMENDMENT OF THE AGREEMENT
1. Oliver Sports reserves the right to amend these Terms at any time by posting the revised version thereof on Oliver Sports’ website, available at: – https://oliversports.ai/legal/players/terms-and-conditions. Such amendment shall become effective ten (10) days after prior notice thereof, and your continued use of the Services or any part thereof thereafter shall constitute your acceptance of the same.
GOVERNING LAW
1. These Terms shall be governed by and construed in accordance with Spanish law.
2. To resolve any dispute that may arise in the interpretation or execution of these Terms, both parties, expressly waiving any other jurisdiction to which they may be entitled, submit to the jurisdiction and competence of the Courts and Tribunals of the city of Barcelona.
GENERAL
1. If any provision of these Terms is declared, in whole or in part, null or unenforceable, such nullity or unenforceability shall only affect that specific provision or the part thereof that is null or unenforceable, and the Terms shall otherwise remain in full force and effect, with such provision or the affected part thereof deemed not included. For these purposes, these Terms shall cease to be valid exclusively with respect to the null or unenforceable provision, and no other part or provision hereof shall be annulled, invalidated, impaired, or affected by such nullity or unenforceability, unless such provision is essential to this agreement, in which case it would affect the Terms as a whole.
2. These Terms, and any other legal notice published by Oliver Sports in relation to the Services, shall constitute the entire agreement between you and Oliver Sports with respect to the Services.
3. No waiver of any provision of these Terms shall be deemed a further or continuing waiver of such term or any other term, and the failure of a party to assert any right or provision under these Terms shall not constitute a waiver of such right or provision. YOU AGREE THAT ANY CAUSE OF ACTION THAT MAY HAVE ARISEN OUT OF OR RELATED TO THE SERVICES MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.

ANNEX 1 – PERSONAL DATA PROCESSING

For the correct provision of the contracted service, it is necessary for Oliver Sports to act as DATA PROCESSOR and access personal data whose processing is under the responsibility of the Client, the DATA CONTROLLER, and to carry out processing on its behalf and under its instructions.

The access to personal data by the DATA PROCESSOR on behalf of the DATA CONTROLLER is subject to the legal provisions of REGULATION (EU) 2016/679 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, repealing Directive 95/46/EC (General Data Protection Regulation, hereinafter “GDPR”), as well as Organic Law 3/2018, of 5 December, on the Protection of Personal Data and Guarantee of Digital Rights (hereinafter “LOPDGDD”) insofar as it does not conflict with the GDPR, as well as any other rules that may be enacted in the future on this matter that replace or complement them.

For this reason and in compliance with Article 28 of the GDPR, both Parties freely agree to regulate the access to and processing of the personal data held by the DATA CONTROLLER in accordance with the following:

CLAUSES

FIRST – Purpose.

The purpose of this Agreement is to enable the DATA PROCESSOR to process, on behalf of the DATA CONTROLLER, the personal data necessary to fulfill the object of the contracted service provision, and to define the conditions under which the DATA PROCESSOR will process the personal data to which it has access during the execution thereof, establishing the obligations and responsibilities arising from the processing of data carried out by the DATA PROCESSOR exclusively for and on the occasion of the performance of such contract.

SECOND – Description of the data processing entrusted.

The DATA PROCESSOR is authorized to process, on behalf of the DATA CONTROLLER, the personal data necessary to fulfill the contracted service provision.

The nature of the processing operations, automated or otherwise, entrusted, are those indicated below:

Collection	Recording	Structuring
Extraction	Consultation	Use
Matching	Interconnection	Restriction
Storage	Adaptation or modification	Communication for transmission
Dissemination	Erasure	Destruction
Disclosure	Others

The categories of data subjects are as follows:

Employees	Personal characteristics	Social circumstances
Professional occupation	Academic and professional data	Economic/financial
Goods and services transactions	Commercial information	Specially protected data
Others

The specially protected data refers to physiological and health data.

THIRD – Nature and purpose of the processing of personal data.

The DATA PROCESSOR undertakes to process the personal data to which it has access or which it collects as a result of the performance of the contracted service provision, in accordance with the procedure that complies with the documented instructions indicated at any time by the DATA CONTROLLER and the applicable legislation, limiting itself to carrying out the actions necessary to properly perform the contracted service provision, and not to apply or use them for any purpose other than that stipulated in these Terms and Conditions. It is accepted that the DATA PROCESSOR may use the data for its own purposes provided they are duly anonymized.

The instructions for this processing are those detailed in the contracted service provision.

The DATA PROCESSOR shall not disclose personal data to third parties, not even for storage, unless it has the prior and express authorization of the DATA CONTROLLER, or in the cases legally provided for.

The DATA PROCESSOR shall follow the instructions of the DATA CONTROLLER, including with respect to international transfers of personal data to a third country or international organization, unless the DATA PROCESSOR is obliged to do so under European Union law or the law of the Member States applicable to the DATA PROCESSOR, in which case the DATA PROCESSOR shall inform the DATA CONTROLLER of such legal requirement prior to the processing, unless such law prohibits such information on important grounds of public interest.

The DATA PROCESSOR shall immediately inform the DATA CONTROLLER if, in its view, an instruction infringes the GDPR or any other data protection provision of the European Union or the Member States applicable to the DATA PROCESSOR.

The DATA CONTROLLER may authorize the communication of the personal data processed by the DATA PROCESSOR to another processor. Such authorization shall entail the prior written identification of the new processor to whom the data are to be transferred, the data to be transferred, and the security measures for such transfer.

FOURTH – Duration.

This Agreement shall enter into force on the effective date of the contracted service provision and shall remain in force until its termination. However, the obligation of confidentiality shall have an indefinite duration, for as long as the confidential information retains its confidential nature, from the moment of signing this Agreement.

FIFTH – Obligations of the DATA CONTROLLER.

The DATA CONTROLLER undertakes to:

Ensure compliance by the DATA PROCESSOR with the obligations set forth in this Agreement and supervise the processing of personal data by the DATA PROCESSOR.
Comply with the obligations incumbent upon the DATA CONTROLLER under the applicable legislation.

SIXTH – Obligations of the DATA PROCESSOR.

The DATA PROCESSOR undertakes to:

a) Record of categories of processing activities

Keep, in writing, a record of all categories of processing activities carried out on behalf of the DATA CONTROLLER, containing at least:

The name and contact details of the processor, any sub-processor where applicable, and the controller on whose behalf the processor is acting, and, where applicable, the controller’s or processor’s representative and the data protection officer.
The categories of processing carried out on behalf of the controller.
Any international transfers of personal data to a third country or international organization, identifying the third country or organization, and, in the case of transfers referred to in Article 49(1), second subparagraph of the GDPR, the documentation of appropriate safeguards.
A general description of the technical and organizational security measures being implemented.

b) Guarantees regarding compliance of authorized persons processing personal data

Only authorized persons who need access to personal data to perform their duties in relation to the contracted service provision and under the instructions of the DATA CONTROLLER shall have access to such personal data.

The DATA PROCESSOR shall inform and require compliance by authorized persons with the obligations contained in this Agreement, warning them of the confidential nature of the information and their liability in the event of disclosure. It shall also ensure that they expressly and in writing commit to confidentiality and compliance with the applicable security measures. Proof of this obligation shall be made available to the DATA CONTROLLER.

The DATA PROCESSOR shall ensure that necessary training in the protection of personal data is provided to authorized persons.

In cases where authorized persons carry out the contracted service provision either on the premises of the DATA CONTROLLER or remotely, such persons shall comply with the rules, procedures, and other provisions set out in the DATA CONTROLLER’s security policies.

c) Rights of data subjects

When data subjects exercise their rights of access, rectification, erasure, objection, restriction of processing, data portability, and not being subject to automated decision-making before the DATA PROCESSOR, it must inform the DATA CONTROLLER in accordance with the Terms and Conditions. Such communication must be made immediately and in no case later than 5 business days after receipt of the request. The DATA PROCESSOR shall assist the DATA CONTROLLER, taking into account the nature of the processing, through appropriate technical and organizational measures and by providing any information that may be relevant to resolve the request.

d) Notification of personal data security breaches

The DATA PROCESSOR shall notify the DATA CONTROLLER, within no more than seventy-two (72) hours, via the email address indicated in the Terms and Conditions, of any personal data security breaches it becomes aware of, together with all relevant information for documenting and communicating the incident.

The following minimum information shall be provided:

Description of the nature of the personal data security breach, including, where possible, the categories and approximate number of data subjects affected, and the categories and approximate number of personal data records affected.
Contact details of the data protection officer of the DATA PROCESSOR or the contact person for further information.
Description of the possible consequences of the breach.
Description of the measures taken or proposed to address the breach, including, where appropriate, measures to mitigate its possible adverse effects.

e) Security measures

In order to maintain security and avoid any processing in breach of data protection regulations (GDPR), the DATA PROCESSOR shall assess, at the beginning of the service provision, the risks inherent in the processing and implement measures to mitigate them.

To this end, the DATA PROCESSOR shall implement the necessary technical and organizational measures to mitigate risks in order to maintain security and prevent processing from infringing data protection regulations.

The DATA PROCESSOR shall make available to the DATA CONTROLLER, upon request, all information relating to the security measures. It shall also allow audits to be carried out by the DATA CONTROLLER, with reasonable prior notice, regarding the security measures.

In any case, the DATA PROCESSOR shall implement the measures detailed in its security document or protocol and shall implement mechanisms to:

Ensure the ongoing confidentiality, integrity, availability, and resilience of processing systems and services.
Restore the availability of and access to personal data promptly in the event of a physical or technical incident.
Regularly verify, evaluate, and assess the effectiveness of the technical and organizational measures implemented to ensure the security of processing.
Pseudonymize and encrypt personal data, where applicable.

f) Guarantees of the DATA PROCESSOR

Keep available to the DATA CONTROLLER the documentation proving compliance with the obligations established in these Terms and Conditions, and contribute to audits and inspections carried out by the DATA CONTROLLER or an auditor authorized by it.

g) Assistance of the DATA PROCESSOR with the obligations of the DATA CONTROLLER

Support the DATA CONTROLLER in carrying out data protection impact assessments and in conducting prior consultations with the supervisory authority, where appropriate.

h) Destination of personal data

Upon completion of the contracted service provision, the DATA PROCESSOR undertakes, at the choice of the DATA CONTROLLER, to:

Destroy the personal data.
Return all personal data to the DATA CONTROLLER.
Return the personal data to another processor designated in writing by the DATA CONTROLLER.

The return of the data entails the destruction of all copies, any medium, or documents existing in the DATA PROCESSOR’s information systems, and the adoption of security measures to prevent theft, loss, or unauthorized access to the data during transfer. In the case of erasure, the DATA PROCESSOR guarantees the necessary measures to prevent access to or subsequent recovery of the information and must certify such erasure in writing, delivering the corresponding certificate to the DATA CONTROLLER.

Notwithstanding the foregoing, the DATA PROCESSOR may keep the relevant personal data duly blocked during the period in which liabilities may arise from its relationship with the DATA CONTROLLER, in accordance with applicable law in force.

SEVENTH – SUBCONTRACTING.

The DATA PROCESSOR requires the subcontracting of third parties who will process the personal data under the responsibility of the DATA CONTROLLER. Some of these subcontracting arrangements are necessary in order to fulfill the provision of the service since the functioning of the DATA PROCESSOR’s systems and the provision of certain services depend on them. Specifically, the services of the following are required:

Company	Contracted Service
Amazon Web Services	Cloud services
OLIVER S.A.S.	Data processing services
Google	Analytics services, mobile app distribution
Apple	Mobile app distribution services

With these companies, the DATA PROCESSOR maintains contracts that impose data protection obligations and provide sufficient guarantees regarding the implementation of appropriate technical and organizational measures for processing.

With Oliver Sports S.A.S., a standard contractual clauses agreement has also been signed to legitimize data transfers in accordance with regulations.

The DATA CONTROLLER hereby authorizes the aforementioned subcontracting under the current terms.

In the event that additional subcontracting is required, the DATA PROCESSOR must notify the DATA CONTROLLER in advance and in writing, indicating the processing activities to be subcontracted and clearly and unambiguously identifying the subcontracting company and its contact details. Subcontracting may only be carried out with prior written authorization from the DATA CONTROLLER.

In all cases, the processing of data by the subcontractor must follow the instructions of the DATA CONTROLLER, and the DATA PROCESSOR must sign a contract with the subcontracted company under the terms set forth in these Terms and Conditions and in accordance with Article 28 of the GDPR. The subcontractor shall expressly and in writing undertake obligations identical to those established for the DATA PROCESSOR under this Agreement. In the event of a breach by the sub-processor, the DATA PROCESSOR shall remain fully liable to the DATA CONTROLLER for compliance with the obligations.