Terms & Conditions

TERMS & CONDITIONS

GAMESENSE GENERAL TERMS AND CONDITIONS

  1. GameSense, including the GameSense website and application (the GameSense Platforms), developed by Ve2.Ventures B.V, a limited liability company incorporated under the laws of the Netherlands, having its office address at Laan van Kronenburg 14, (1183 AS) Amstelveen, The Netherlands and registered with the Chamber of Commerce under number ​​92153488 (GameSense), it turns match footage into interactive, coach-led quizzes — encouraging players to think, decide, and enhance their game intelligence with every situation. GameSense provides access to and use of the GameSense Platforms to individuals, organizations and entities (each a Customer).

  2. The GameSense Platforms may only be used in compliance with these general terms and conditions (the General Terms). These General Terms shall govern the use of the GameSense Platforms (the Use). By using the GameSense Platforms, you shall undertake to comply with the effective General Terms.

  3. If you do not accept the General Terms, we kindly advise you to abstain from the Use of the GameSense Platforms.

  4. Using the GameSense Platforms may require accepting separate terms of use and service in addition to these General Terms. If the separate terms of use and/or service conflict with these General Terms, the separate terms of use shall prevail.

Requirements for the Customer regarding the use of the GameSense Platforms

  1. The Customer of the GameSense Platforms shall be solely responsible and liable for ensuring that all persons participating on its behalf and/or at its request in the Use of the GameSense Platforms have provided all consents and commitments required by GameSense and Dutch law.

  2. The Customer shall be solely responsible and liable on behalf of itself and any persons participating/using the GameSense Platform on behalf and/or at the request of the Customer for complying with any and all laws, rules, regulations, tax liabilities and authorities’ orders that may become applicable for using the GameSense Platforms.

  3. The Customer may not directly or indirectly Use or utilise the GameSense Platforms or any related content for any other purposes than the purposes expressly defined in these General Terms. Further, the Customer may not Use the GameSense Platforms in a manner that is not in compliance with good practice; or infringes other users’ or third parties’ right to privacy or any other rights; or disturbs or damages the GameSense Platforms, GameSense, any of its shareholders and/or employees and other members or any other third party. The Customer shall ensure that the users do not infringe the aforementioned provision for their part.

  4. The Customer shall accept sole responsibility for any and all data uploaded in the GameSense Platform by it or any users/persons on behalf of the Customer. The Customer shall undertake to ensure by any means available to them that the data provided for Use of the GameSense Platforms by it or any persons on behalf and/or at the request of the Customer is correct and exact and that all provided material complies with the law and good practice.

  5. GameSense shall reserve the right to use, edit, delete or transfer any data in the GameSense Platforms or data uploaded to GameSense Platforms with a unilateral decision and without prior notice if the data or data group can be considered illegal, erroneous, imprecise, inappropriate or conflicting with these General Terms, the Use, the purpose of the contract/order between GameSense and the Customer and/or any other applicable laws.

Access rights to the GameSense Platforms and their contents

  1. As part of the Use of the GameSense Platforms, GameSense shall grant the Customer and the users/persons using the GameSense Platforms on behalf of the Customer a limited license to Use for personal purposes in compliance with the purposes of these General Terms, the contract/order entered into between GameSense and the Customer relating to the GameSense Platforms. The Customer and any users/persons using the GameSense Platform on behalf of the Customer shall not be granted (in whole or in part) any rights, including access rights, to the software behind the GameSense Platforms (the “source codes”).

  2. The Customer accepts and understands that the access right to Use the GameSense Platforms shall not grant any right to use, disclose or to give permission to use or publish any content set out in the GameSense Platforms that has not been publicly presented by or on behalf of GameSense.

  3. The Customer accepts and understands that it and any persons/users using the GameSense Platform on behalf of the Customer shall not have the right to resell or otherwise commercially utilise the GameSense Platforms and/or their contents.

  4. GameSense reserves the unilateral right to delete any content from the GameSense Platforms and to limit any access right to the GameSense Platforms at any time and for any reason (including preventing a single user from Use of the GameSense Platforms).

Intellectual property rights

  1. GameSense solely and exclusively owns any and all intellectual property rights, title or interests in and to (the use of) the GameSense Platforms, the related content, equipment and overall concept, regardless of whether or not (i) this right to immaterial property has been registered or capable of being registered; and (ii) these rights are developed or provided by any party (the IP Rights).

  2. GameSense reserves any and all rights to its IP Rights. For the avoidance of any doubt, any right to such IP Right shall not be transferred, disclosed, formed, or created to/for the Customer, except for the limited access right GameSense grants to its Customer.

  3. By making any content available in the GameSense Platforms during the Use of the GameSense Platforms or otherwise in connection with GameSense Platforms, the Customer and/or any user/person on behalf of the Customer hereby irrevocably grants GameSense a global, irreversible, permanent, non-exclusive, transferrable, royalty-free license to re-license, edit and use this content in any way for any purposes. If GameSense edits this content or combines it with material protected by the IP Rights in a way that results in a modification of the content, these kinds of works and modifications shall be deemed GameSense property and protected by and under the IP Rights.

  4. Nothing in these General Terms constitutes a waiver or whatsoever of GameSense IP Rights under any law.

  5. If the Customer or any person on behalf of the Customer contacts GameSense with any suggestions or feedback data regarding the GameSense Platforms, which may include suggestions for, or feedback concerning, customizations, features, improvements, modifications, corrections, enhancements, derivatives or extensions (collectively, the Feedback), such Feedback shall be deemed to be the sole and exclusive property of GameSense and GameSense will be free to adopt such Feedback for any of its products or services, including but not limited to the GameSense Platforms, use it in any other manner, disclose, reproduce, license or otherwise distribute and exploit the Feedback as it sees fit, entirely without obligation or restriction of any kind on account of intellectual property rights or otherwise. You hereby waive any right to the Feedback, including but not limited to, any right for royalties or any other consideration, and undertake to treat the Feedback as Confidential Information (as defined below) of GameSense.

Use of the GameSense Platforms: profile creation

  1. The data GameSense collects varies depending on the services and properties that the Customer uses. Using the GameSense Platforms always requires creating a profile.

  2. When the Customer creates a profile in the GameSense Platforms, the Customer must enter the following basic information: name (first and last name), email address, home country, date of birth, player’s height and weight. Optional profile information includes nickname and team. An individualized GameSense Platforms’ user ID is created based on the provided profile information (email address). Device registration is linked to the user ID.

  3. The GameSense Platforms will help the Customer monitor his or his designated persons’ activities and practice by collecting various data on, for example, the number of steps/distance travelled, the number and quality of ball touches (left/right). The GameSense Platforms’ metering are activated by motion and the results can be analyzed with a mobile phone application. In order to provide the Customer with the best possible Service, GameSense automatically collects and uploads statistical data on the performance and your use of the GameSense Platforms to the server.

  4. More information on the data collected by GameSense and the procedures in place can be found in the privacy policy.

  5. The Customer can view and manage the data using GameSense Platforms. The software behind the GameSense Platforms allows the Customer to view and update your profile information, manage connected applications and examine past activities, for example. The Customer can also remove activity data from GameSense Platforms. When you remove a certain activity, the event is removed from the GameSense Platforms. However, the basic data collected by the sensors will remain in the GameSense Platforms. The Customer may cancel its GameSense Platform Account at any time by contacting the customer support of GameSense.

  6. GameSense may use the name of the club for which the Customer is playing for its own marketing purposes in relation to the GameSense Platforms.

Privacy

  1. We shall exercise special care to ensure the privacy of the users when the Customer Uses the GameSense Platforms. For further information on privacy and data collection, GameSense refers to the privacy policy.

  2. A prerequisite for using the GameSense Platform is that a parent or other holder of parental responsibility provides consent for collecting and processing data concerning a minor as well as for sharing it with team mates and the coaching team. This consent is automatically obtained by accepting the General Terms. Please contact info@gamesense.caoch if the Customer explicitly has not and will not obtain such consent.

  3. Providing certain information mentioned in the privacy policy is a prerequisite for using the GameSense Platforms provided in connection with the registry, such as email addresses, are collected so that the GameSense Platforms can be used. The Customer can decide how much other personal