- Scope of the license
1.1. 433 Horizon B.V. hereby grants to the legitimate acquirer of the 433Pro-app (“App”) a usage right for this App. This right is restricted to use by you inside your association, foundation, or other non-profit legal entity.
1.2. This license is personal. The App may be used only on the device onto which the App was downloaded and installed.
1.3. The purpose of the App is to enable the user to optimize his/her sport specific talent development, while users are of course free to use the App for any purpose within the boundaries of these terms and conditions and the law.
1.4. It is not permitted to:
- decompile or reverse engineer the source code of the App, except to the extent permitted by mandatory law;
- supply copies of the App to third parties;
- sublicense the App or to make the App available to third parties, by rental, Software-as-a-Service constructs or otherwise;
- modify the App, except to the extent permitted by mandatory law;
- remove or make unreadable notices of <name> as copyright holder of the App.
1.5. You may make a backup copy of the App. You may however not use the backup copy on its own or distribute the same other than in combination with the original App.
1.6. In addition to the terms and conditions of the present document Apple’s Appstore may set terms for the acquisition and use of the App and related matters.
1.7. In addition to the terms and conditions of the present document Google Play may set terms for the acquisition and use of the App and related matters.
- Intellectual property
2.1. All rights to the App, accompanying documentation and all modifications and extensions thereto rest and remain with SportsTalentVision B.V. You only acquire those rights and permissions that follow from this agreement or those that are granted separately in writing. You may not use, copy, or publish the App except as permitted.
3.1. The usage right is granted at no charge.
4.1. SportsTalentVision B.V. from time to time releases updates that may fix bugs or improve the functioning of the App.
4.2. Available updates shall be notified to you through notifications provided by Apple’s Appstore, Google Play, but it is your responsibility to monitor these notifications. Updates are applied similarly through these platforms, which requires an active internet connection.
4.3. Installing updates requires your separate consent. A proper application of updates requires the availability and good functioning of Apple’s Appstore, Google Play, over which SportsTalentVision B.V. has no control. SportsTalentVision B.V. is not responsible or liable for an incorrect execution of updates. No liability exists for any damage as a result of bugs fixed in an update you did not install.
- Personal data
5.1. The App processes your personal data. For more information consult the privacy statement that can be found at <https://www.433football.com/>
6.1. You are solely responsible for installing and activating the App.
6.2. SportsTalentVision B.V. shall offer a reasonable level of support through the website and/or e-mail (or other channels announced to you). SportsTalentVision B.V. however makes no guarantees that any problems or requests raised by you shall actually be addressed.
- Guarantees and liability
7.1. SportsTalentVision B.V. guarantees it will use its best efforts to investigate any reported bugs as soon as is practical and to repair such bug or create a workaround (SportsTalentVision B.V. may delay repairing bugs with limited impact until the next planned update); but nothing else.
7.2. Except in cases of intentional misconduct or gross negligence or the violation of a warranty granted above SportsTalentVision B.V. is not liable towards you, regardless of ground, for any damages in connection with the App.
7.3. No liability exists in case damages were not reported timely after discovery to SportsTalentVision B.V. In addition, no liability exists if the cause of damage is beyond the control of SportsTalentVision B.V. (force majeure).
7.4. No liability exists for damages directly or indirectly resulting from incorrect functioning of Apple’s Appstore.
7.5. No liability exists for damages directly or indirectly resulting from incorrect functioning of Google Play.
- Term of the agreement
8.1. This agreement enters into force when you start use of the App and remains in force until terminated.
8.2. The agreement may be terminated by both you and SportsTalentVision B.V. at any time by providing one month’s notice.
8.3. This agreement terminates automatically and immediately in case you enter into bankruptcy, apply for a suspension of payments, your assets are seized, or in case your legal entity enter into liquidation, legal dissolution or winding-up.
8.4. After termination of the agreement (regardless of reason) you must cease all use of the App. In addition, you must remove all copies (including backup copies) of the App from all computer systems under your control.
- Miscellaneous terms
9.1. Dutch law applies to this end-user license agreement.
9.2. Unless dictated otherwise by mandatory law, all disputes arising in connection with this agreement shall be brought before the competent Dutch court for the principal place of business of SportsTalentVision B.V.
9.3. A finding that any particular provision of this agreement is legally void shall not affect the validity of the entire agreement. In such a case the parties shall determine a replacement provision that is legally valid and approximates the intent of the offending provision as much as possible.
9.4. SportsTalentVision B.V. may assign its rights and obligations under this agreement to a third party that acquires the relevant business or the copyrights to the App from it.