KITRIS’s terms of use

Date of last update: 1 November 2018

1. Introduction

Thank you (hereinafter "you", "your", "you", "user") for choosing KITRIS (with company number CHE-115.242.506 and registered office at Felsenhofstrasse 42 in 8635 Dürnten, Switzerland) (hereinafter "KITRIS", "we", "us", "our"). Our services and products include a wide range of sports activities. Our services are available through applications that can be downloaded for devices such as smartphones, laptops (PC, Mac) or tablets ("Apps"), as well as through our website www. kitris.ch ("Website") and our webclient https://webclient.kitris.ch ("Webclient").

In order to access and use our services, irrespectively of whether you are a current or past user, you acknowledge that you have read these terms of use. Whenever you use our services, you agree to understand and accept the terms of use and you also agree to our privacy policy and cookie guidelines. We reserve the right to make changes to our terms of use from time to time. We will post any changes with dates at the top of this page so that you know when we last updated our terms of use. This also applies to our privacy policy and cookie guidelines. If you continue to use our services after any changes to the terms of use have been made, this will also mean that you agree to the changes. If you do not agree with our terms and conditions, please do not register for use or continue to use our services. We recommend that you print a copy of these terms and conditions for future reference. We reserve the right to terminate your access to our services in the event that you breach our terms of use pursuant to Clause 9.

Unless expressly stated otherwise, all new features added to the current services, including the posting of new extras and resources, are subject to these terms.

By using our services, you confirm that you meet the age requirements for using our services or that your parents have given their consent for the use in accordance with the applicable laws or regulations in the province, state, territory or country in which you reside.

2. Registration

In order to use our services, you must register for an account by providing a valid email address ("Username") and any other information that we may need ("Account"). You are responsible for maintaining the confidentiality of your account information and you are fully responsible for all activities that occur under your account. Your account may only be used by you and may not be shared with or transferred to any other person. You must notify us immediately at privacy@kitris.ch of any alleged or actual, unauthorized or fraudulent use of your account or any other breach of security.

Once you have an account, you can create an online profile ("Profile"). When you create your profile, you agree to provide accurate, current and complete information and that you are personally responsible for the information you provide in your profile. We reserve the right to delete your profile and block or terminate your account if we have reasons to believe that any information you provide in your profile is untrue or inaccurate or does not comply with our terms of use.

3. Privacy policy

We take your privacy very seriously. Any personal information you provide to us when creating an account is subject to our privacy Policy. You understand that by using our services, you consent to the collection and use (as stated in our privacy policy and cookie guidelines) of this information. You also understand, agree, and acknowledge that any personal information you provide in your profile is accessible to users with whom you are associated and you will provide it solely under your own responsibility. We do not assume any responsibility for the use of personal information shared by you or anyone else in your profile.

4. Our contents

Except for user content (as defined below), all content made available through our services (including the right to sue for trademark infringement, design rights, reports, data, databases, tools, code, photographs, images, video, user interface, software ("Software"), audio and other media files, their selection and arrangement, materials and all other intellectual property rights) is exclusively our own property or is made available to us by third parties ("Our Content"). You acknowledge and agree that you are expressly prohibited from using our content unless we grant you limited permission to use our content in connection with our services.

5. Your license

Subject to your compliance with these terms of use, we grant you a limited, personal, non-transferable, non-sublicensable, worldwide and non-exclusive license to use our content for the sole purpose of using the services for your personal or caregiver's use ("License"). Your license to use our content is limited to the use of the object code of the software, and it is a condition of this license that, unless permitted by applicable law, you will not copy, modify, reconstruct, disassemble, or otherwise attempt to discover, sell, rent, lease, loan, assign, sublicense, grant any right in the software to any third party, or otherwise transfer any right in the software to any third party, except to the extent you are authorized to do so by applicable law. You agree not to access the apps, the webclient and our website in any way other than through the user interfaces provided by us for use in accessing our services.

6. Third party content and links to third party websites

The services may include content owned by third parties and links to other websites such as google ("Third Party Websites"). We do not endorse, support or recommend the websites of third parties and accept no responsibility for them in any other way. Furthermore, third party websites are not under our control and we are not responsible for the content or privacy practices of such third party websites, including, without limitation, links contained on third party websites or any changes or updates to third party websites. We provide you with third party content and websites only as a convenience, and the inclusion of such third party content and websites does not constitute an endorsement by us in favour of third parties. You further acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services on or through such websites or resources. Content available on third party websites may be protected by the copyright and intellectual property laws of each country.

7. Upload, share and post information and user content

We encourage you to upload, share, or post user content such as data, photos, or videos (hereinafter "post" is used for uploading, sharing, and posting together). You warrant and assure that all user content you post is either your own or you have obtained the necessary consent of the relevant third party concerned to publish such user content. You are solely responsible for any user content you post and we are not responsible for any loss or damage of any kind incurred as a result of user content posted by you and made available through the services.

We actively monitor all user content posted through our services and reserve the right to remove any user content that we have justifiable reasons to believe, or has been reported to us to be inappropriate, illegal, immoral or spamous.

Although we actively monitor some user content, inappropriate content may not be noticed immediately by us or anyone else. You acknowledge and agree that your use of the services may expose you to inappropriate content. We do not assume any liability for any inappropriate content posted through and available through the services.

However, we will endeavour to remove theinfringing content reported to us by a third party, if the user fails to do so within a set period of time (see Section 8).

In addition, we reserve the right, in our sole discretion, to refuse, move or delete any user content that we consider inappropriate and that violates these terms of use.

8. Notification procedure (Appeal procedure)

You hereby confirm and warrant that you have the necessary justification to publish content on our site, for example the person concerned has given you his/her consent. If
you do not have any, it is possible that the person concerned will initiate a notification procedure by email via privacy@kitris.ch if he/she is clearly identifiable and is violated in his/her personality (data protection violation). To be considered as such, the content must contain sufficient information to enable others to identify the person concerned.

Once a report has been submitted, KITRIS may offer the user the opportunity to remove or edit the private information in its content (for example, by anonymizing the video). We will notify him/her of the potential breach and give him/her 48 hours to respond to the complaint. If the user concerned removes the content within the time limit set, the appeal lodged will be filed. If the possible breach of data protection can still be found on our pages after the deadline has expired, KITRIS will investigate the complaint. If we detect a violation, we reserve the right to remove the published content.

If we remove the reported content, you should not upload another version with the same people as they are likely to resubmit a complaint. We reserve the right to block accounts or access to the site if they violate the privacy of others.

9. User behaviour

You are fully responsible for the user content you post. We do not guarantee the accuracy, completeness or quality of user content posted by other users. You assure and warrant that the user content that you post and your use of the services will not contain any of the following:

  • breach, violate or infringe the intellectual property rights of third parties in any way;
  • harm minors in any way;
  • intimidate, persecute, mock, verbally assault, frighten, pervert, or otherwise harass another person;
  • be used to intentionally or unintentionally violate regional, national or international laws, or breach them in any way;
  • be used to forge headers or otherwise manipulate content transmitted through the service to conceal its origin;
  • overload, damage or impair the operation of the app, website or services;
  • be used as a sending service for another website;
  • collect email addresses or other personal information from other users for any reason, including, but not limited to, sending unsolicited emails or messages;
  • can be used to register for more than a small number of accounts;
  • be used to sign up for an account for anyone other than yourself; or
  • be used to sign in for an account for which you provide false personal information or otherwise misinterpret yourself;
  • unlawfully violate the personality of a third party.

You may not misuse our services by knowingly introducing viruses, Trojan horses, worms, logical bombs or other harmful or technologically harmful material. You may not attempt to gain unauthorized access to our services, the servers on which our services are stored, or any servers, computers, or databases associated with our services. You may not attack our website by a denial of service attack or a distributed denial of service attack. We will report any such violation to the appropriate law enforcement authorities and will cooperate with those authorities by disclosing your identity. In the event of such a violation, your right to use our services shall expire with immediate effect.

You acknowledge and agree that we may retain and disclose user content if required to do so by law or if we in good faith believe that such a retention or disclosure is necessary to comply with legal processes, enforce the terms of use, respond to claims that any user content violates the rights of others or protects the rights, property or personal safety of us, our users or the general public.

10. Pro subscription fee

The basic modules of our webclient as well as the basic version of the Match Tracking App can be used completely free of charge. In addition, further modules can be used for a fee as part of a pro subscription or the pro version of the Match Tracking App. The costs for the pro modules can be viewed on our website and our webclient ("Fees"). Our fees are always monthly fees. We reserve the right to change our fees from time to time. We will notify you of these changes in good time and give you the opportunity to cancel your subscription before the price change occurs.

If you select one or more Pro modules (hereinafter referred to as "Pro Monthly Subscription"), this will automatically renew at the end of the individual subscription period, whereby the current subscription increases will be billed monthly pro rata (i.e. according to the number of days used). If you continue with a renewal, the payment method by which you paid the fees will be charged at the end of your current Pro Monthly Subscription for the following month.

You can change your Pro Monthly Subscription at any time until the deadline (08.00 CET) on the last day of the subscription period by making the appropriate changes in the subscription administration. The effects of the changes are as follows:

  • If you no longer subscribe to a previously used module before the deadline, no fees will be charged for it in the following month.
  • If you subscribe to a previously unused module before the deadline, the fees will be charged pro rata until the end of the month and from the deadline also the fees for the following month.

11. Delete your account

You can delete your account at any time and stop using the services at any time by selecting the "Delete account" option in the webclient. As soon as you have deleted your account, your license will be revoked. You no longer have access to your profile and we will delete all information contained in your profile. Please note that for technical reasons the deletion has no influence on certain content you have shared, in particular if the content is outside our control. We assume no liability for the removal of information or content from your profile. You acknowledge and agree that certain user content may remain in your profile after cancellation. If you have an active pro monthly subscription at the time you delete your account, you will not receive a refund for any remaining time in your pro subscription.

12. Cancellation of your account

We reserve the right to change, suspend or permanently delete your account and terminate your access to the services if we have reason to believe that you have violated or acted inconsistently with the terms of use. Upon termination, your license will be automatically revoked and we reserve the right to delete your account, delete all or individual information in your profile, and discard all your user content. You agree that we shall not be liable for any changes or discontinuance of the service. Please note that for technical reasons the deletion has no influence on certain content you have shared, in particular if the content is outside our control. We assume no liability for the removal of information or content from your profile. You acknowledge and agree that certain user content may remain after you cancel your profile. If you have an active pro subscription at the time we terminate your account, you will not receive a refund for any remaining time in your pro subscription.

13. No assurances or guarantees

We, our officers, employees, contractors, suppliers, partners, agents and licensors do not warrant that our services or any content therein will always be available, uninterrupted or error or virus free, and you should use your own anti-virus software. You are responsible for configuring your information technology, computer and mobile programmes, and platform to access any of our services. We may suspend, withdraw or limit the availability of all or portions of our services for business and operational reasons. We will try to give you a reasonable period for any suspension or withdrawal, but this is not always possible.

You understand and agree that our services are available in the current state and that you use our services at your own risk. To the fullest extent permitted by applicable law, we expressly disclaim all warranties of any kind, either express or implied, including, but not limited to, any implied warranties of fitness for a particular purpose. We make no assurances or warranties of any kind and assume no responsibility for any improvements to your performance of sport through the use of our services, the accuracy of our content, user content or any other content available through the use of our services. Access to the services may be slow, limited or unavailable at times of peak demand, system upgrades, disruption or scheduled or unplanned maintenance, or for any other reason beyond our reasonable control.

Our content and user content available through the use of our services is provided for general information purposes only. These should not be understood as reliable advice. While we make every reasonable effort to update the information on our website and webclient, we make no assurances, warranties or guarantees, express or implied, that the content is accurate, complete or up to date.

14. Limitation of liability

Unlimited liability: We shall be liable without limitation for direct damages resulting from intent and gross negligence as well as in accordance with the German Product Liability Act (Produkthaftungsgesetz). In the event of slight negligence, we shall be liable for damages resulting from injury to life, limb and health of persons.

In addition, the following limited liability shall apply: In the event of slight negligence, we shall only be liable in the event of breach of an essential contractual obligation, the fulfilment of which is essential for the proper performance of the contract and on the observance of which you may regularly rely (cardinal obligation). Liability for slight negligence is limited to the amount of damages foreseeable at the time of conclusion of the contract, the occurrence of which must typically be expected. This limitation of liability also applies in favour of our vicarious agents.

In any case, liability shall be limited to the price of the scope of delivery to the extent permitted by law.

15. Final provisions

Should one or more provisions of these terms of use be or become invalid, this shall not affect the validity of the remaining provisions.

The parties agree that the exclusive place of jurisdiction shall be Dürnten, subject to mandatory legal jurisdictions.

Versions of these terms of use in languages other than German are for translation purposes only. In the event of interpretation problems and linguistic discrepancies between the foreign and German versions, the German version of these terms of use shall prevail.

16. Questions

Please contact us with any questions you may have about these terms of use at privacy@kitris.ch.

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