Terms of Service

3.1. License

Subject to compliance with this Agreement, Handball.ai grants the Customer a non-exclusive, non-transferable, non-sublicensable, worldwide, limited licence to access and use the Handball.ai Services, including the Platform, for Customer’s internal business purposes and limited to the terms of the Agreement. This licence is granted only for the duration of the Agreement and is subject to payment of the relevant fees.

3.2. Access and Authentication

Customer must use the login details to access the Services. The Customer is responsible for maintaining the confidentiality of its login details and agrees to notify Handball.ai immediately of any unauthorised or suspicious use of its account.

3.3. Restrictions on Use

Customer shall not, and shall ensure that Authorised Users do not, do any of the following, including attempting or asking third parties to do the same:

1. Interfere with or disrupt the Services or the Platform or attempt to gain access to any systems or networks connected to the same, including but not limited to hacking, phishing, spamming, or introducing malware;
2. Copy, modify or distribute any portion of the Services or the Platform, including any content or materials provided through the Service;
3. Sell, assign, rent, lease or otherwise provide access to the Services to any third party other than Authorised Users;
4. Transfer any of your rights under the Agreement to any third party without Handball.ai’s express written consent;
5. Assign any of your rights under the Agreement to any third party without Handball.ai’s express written consent;
6. Use the Services to create derivative works based on the Services or the Platform or content provided through them;
7. Use the Services for any purpose other than as permitted by the Agreement without Handball.ai’s express written consent;
8. Disassemble, decompile or reverse engineer the Services or the Platform or any feature thereof, except to the extent expressly permitted by applicable law;
9. Access or use the Services for the purpose of creating a competitive product or service or copying the functionality or user interface of the Services;
10. Use the Services for any unlawful or unauthorized purpose, or infringing upon the rights of others.

3.4. Compliance with Laws

You agree to comply with all applicable laws, regulations, and third-party agreements when using the Services.

3.5. Enforcement

Handball.ai has the right to investigate violations of these restrictions and may consult and cooperate with law enforcement authorities to prosecute users who violate the law. Customer authorises Handball.ai, as well as the companies or specialised firms it has commissioned, to carry out audits of the use of the Services in order to check compliance with this Agreement.

4.1. Authorised Users and Administrators

Handball.ai will designate an administrator for the Customer’s account, and the Customer will designate the rest of Authorised Users. The Authorised Users shall be identified directly in the Platform. This information must be accurate, complete and up to date. Handball.ai assumes no responsibility for any inconvenience, loss or damage that may result from the Customer’s failure to update the information in its account.

4.2. Compliance

Customer shall be liable for the acts and omissions of Authorised Users as if they were its own. The Customer shall ensure that all Authorised Users comply with the provisions of this Agreement. The Customer will immediately notify Handball.ai of any suspected or alleged breach and will co-operate with Handball.ai in relation to investigation and enforcement. Handball.ai may suspend or terminate an Authorised User’s access to the Services if it believes the User is in breach of the Agreement.

4.3. Telecommunications and Internet Services

The Customer acknowledges that use of the Services is dependent upon access to telecommunications and Internet services. Customer shall be solely responsible for the acquisition and maintenance of all Internet and telecommunications services and any other hardware necessary to access and use the Services. Handball.ai shall not be liable for loss or corruption of data, lost communications, or any other loss arising from such services.

5.1. Fee

Customer agrees to pay all fees and charges incurred in connection with the use of the Services as set forth in the pricing plan selected during the contracting process, as well as any additional services contracted.

5.2. Payment Method

Payment for the Services shall be made through credit or debit card via the Stripe platform, a third-party payment processor. By providing Your credit or debit card information, You authorize Handball.ai to charge Your card for the agreed-upon periodic fees. These periodic payments will occur automatically unless You provide alternative payment arrangements agreed upon by both Parties.

5.3. Invoice Delivery

Invoices may be delivered to the Customer electronically via email. You can request the invoice by email to development@handball.ai.

5.4. Fee Changes

Handball.ai reserves the right to change its fees and pricing plans upon providing reasonable notice to the Customer. Continued use of the Services after such notice constitutes acceptance of the new fees.

5.5. Refunds

Fees paid for the Services are non-refundable, except as required by applicable law or as otherwise specified in this Agreement.

5.6. Taxes

Customer shall be responsible for the payment of any applicable taxes, including but not limited to value-added tax (VAT). Applicable taxes will be included in the fees billed to the Customer. If the Customer believes it is eligible for any tax exemptions, it shall provide necessary documentation to Handball.ai.

5.7. Suspension for Non-Payment

Handball.ai reserves the right to suspend or terminate access to the Services for non-payment of fees. This suspension may result in temporary interruption of access until all outstanding fees are settled.

6.1. Services

All intellectual property rights related to the Services, including but not limited to the Platform, algorithms, designs, layouts, texts, graphics, logos, trademarks, images, audio clips, videos, analysis, statistics, data compilations, and any other content provided through the Services, shall remain the sole property of Handball.ai or its licensors.

6.2. Customer Data

Customer may provide certain data, information, or content (“Customer Data”) to Handball.ai while using the Services, including video footage. Customer retains ownership of all Customer Data. However, by providing Customer Data, Customer grants Handball.ai a non-exclusive, worldwide, royalty-free license to use, modify, reproduce, distribute, analyse (and create derivative works based on the Customer Data) and display the Customer Data for the purpose of providing the Services.

6.3. Generated Data

Any derivative works based on the Customer Data (“Generated Data”), including but not limited to match statistics, performance metrics or insights, shall be owned exclusively by Handball.ai. The Customer hereby grants Handball.ai a perpetual, irrevocable, royalty-free license to use, modify, reproduce, and distribute any Generated Data for any purpose, including improving Services, conducting research, developing new products, or for commercial purposes. The Customer may request Handball.ai to delete the Generated Data.

6.4. Customer Data Responsibility

Customer shall be solely responsible for the accuracy, completeness, legality and reliability of the Customer Data and warrants that it does not and will not violate any third-party rights, including intellectual property and privacy rights.

6.5. Use of Customer Marks

Handball.ai is authorised to use the Customer’s trade name and trademarks (“Customer’s Marks”) for advertising purposes in connection with the promotion of the Services. Such use shall be respectful, without altering the Customer Marks or harming the Customer’s reputation. The Customer reserves the right to revoke this authorisation at any time by written notice.

6.6. Feedback

If Customer provides Handball.ai with suggestions and ideas for modifications or improvements to the Services (“Feedback”), Customer assigns all right, title and interest in and to the Feedback, including all intellectual property rights related thereto. Handball.ai is entitled to use any Feedback in any manner and for any purpose without requiring Customer’s permission or compensation.

8.1. Use of Confidential Information

Each Party acknowledges that it may have access to Confidential Information from the Disclosing Party. The use of Confidential Information shall be limited solely to the purpose of this Agreement, and any other use requires prior written consent.

8.2. Protection of Confidential Information

Each Party agrees to take all reasonable steps to ensure confidentiality and not to disclose it to third parties. Both Parties shall maintain confidentiality with the same degree of care used for their own similarly important Confidential Information. The Receiving Party shall ensure that all agents or subcontractors are bound by written confidentiality obligations consistent with this Agreement.

8.3. Disclosure of Confidential Information

Confidential Information may be disclosed when required by law or legal process. The Receiving Party shall promptly notify the Disclosing Party of the request, allowing the Disclosing Party to exercise any right to challenge or limit disclosure.

9.1. Availability

Handball.ai will use commercially reasonable efforts to ensure that the Services are available twenty-four (24) hours a day, seven (7) days a week, except for scheduled maintenance, upgrades, or outages beyond Handball.ai’s control. Advance notice of scheduled maintenance will be provided whenever possible.

9.2. Technical Support and Maintenance

Handball.ai will provide technical support including assistance with Platform issues, bug fixes, and general guidance. Response times may vary depending on the nature and severity of the issue.

9.3. Backup

Handball.ai will regularly perform backups of Customer Data. However, Customer acknowledges that Handball.ai cannot guarantee the integrity of backups and it is the Customer’s responsibility to maintain its own backups. In the event of loss or corruption, Handball.ai shall use commercially reasonable efforts to restore data from the last available copy.

11.1. Service Warranty

Handball.ai warrants that the Services will be performed in a professional and workmanlike manner consistent with industry standards.

11.2. Disclaimer

Except for the express warranties set forth herein, Handball.ai makes no other warranties, express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement.

11.3. Use of the Services

Handball.ai makes no warranty regarding the results that may be obtained from the use of the Services. Customer acknowledges that the use of the Services is at its own risk.

11.4. Remedies

In the event of a breach of warranty, Customer’s sole remedy shall be the correction of the non-conforming Services, or if Handball.ai is unable to correct such non-conformity, the refund of any fees paid for the non-conforming Services.

12.1. Term

This Agreement shall commence on the date the Customer contracts a subscription plan and continue in full force and effect until terminated.

12.2. Termination by Customer

The Agreement may be terminated by the Customer at any time through the Platform, with termination taking effect at the end of the current billing period. No refunds will be provided for unused portions of fees paid in advance.

12.3. Termination for Cause

Either Party may terminate this Agreement immediately upon written notice if the other Party materially breaches any provision and fails to cure such breach within ten (10) days after receiving notice. For payment obligation breaches, the cure period shall be five (5) business days.

12.4. Effects of Termination

Upon termination: (i) Customer’s access to the Services will cease immediately; (ii) Customer shall remain responsible for any fees owed up to the effective date of termination; (iii) Parties shall return or destroy any Confidential Information; (iv) provisions that by their nature should survive termination shall remain in effect.

13.1. Exclusion of Indirect Damages

To the maximum extent permitted by applicable law, Handball.ai will not be liable for any indirect or consequential damages (i.e. loss of income, data, profits, revenue or business), whether incurred directly or indirectly.

13.2. Limitation of Damages

In no event shall the aggregate liability of Handball.ai exceed the total amount paid by Customer for the Services during the twelve (12) month period immediately preceding the event giving rise to the liability.

13.3. Applicable Law Disclaimer

The laws of certain jurisdictions may not allow the exclusion or limitation of liability. In such jurisdictions, Handball.ai’s liability shall be limited to the greatest extent permitted by law.

13.4. Force Majeure

Neither Party shall be liable for any failure or delay in performance caused by conditions beyond reasonable control, including denial of service attacks, malware, telecommunications outages, power outages, strikes, riots, fires, floods, storms, explosions, war, terrorism, earthquakes and material shortages (each a “Force Majeure Event”). The defaulting Party shall use commercially reasonable efforts to resume performance.

14.1. Indemnification by Customer

Customer shall defend, indemnify and hold harmless Handball.ai from and against any and all claims, liabilities, damages, losses, costs, expenses, and fees arising out of or related to: (a) Customer’s breach of any obligation under this Agreement; (b) Customer’s misuse of the Services or violation of any applicable law; (c) any content or materials provided by Customer to the Platform; and (d) any dispute between Customer and any third party.

14.2. Indemnification by Handball.ai

Handball.ai shall defend, indemnify and hold harmless the Customer from and against any and all claims arising out of or related to Handball.ai’s breach of any representation, warranty, or obligation under this Agreement.

14.3. Indemnification Procedure

In the event of a claim, the Indemnifying Party shall promptly notify the Indemnified Party in writing. Both Parties shall cooperate in connection with the defence. The Indemnifying Party shall not settle any claim without the Indemnified Party’s prior written consent, which shall not be unreasonably withheld.

15.1. Changes to the Terms of Service

Handball.ai reserves the right to modify these Terms of Service at its sole discretion. Changes shall be notified at least thirty (30) days in advance. The Customer shall have the right to terminate the Agreement as soon as changes become effective, unless required by law or not materially affecting Customer’s rights. In such cases, the Customer shall be entitled to a pro rata refund.

15.2. Waiver

A waiver of any breach shall not be deemed a waiver of any prior or subsequent breach of the same or any other provision.

15.3. Notices

Notices to the Customer may be placed on the Platform or sent to the relevant address specified by the Customer. All notices to Handball.ai must be in writing and sent (a) by email to the account administrator or (b) by registered mail to Harju Maakond, Narva mnt 5, 10117 Tallinn, Estonia. Notices shall be deemed given when delivered personally, upon receipt of email confirmation, or three (3) days after being deposited in the mail.

15.4. Severability

If any provision is held to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.

15.5. Relationship Between the Parties

Nothing in this Agreement shall create any partnership, joint venture or agency relationship. Neither Party shall have the power to bind the other without prior written consent.

15.6. Assignment

The Parties may not assign or transfer the Agreement without written consent, except in the case of a Change of Control. “Change of Control” means the direct or indirect acquisition of a majority of voting rights or all or substantially all assets, or a merger with another entity. This Agreement shall inure to the benefit of successors and permitted assigns.

15.7. Entire Agreement

The Agreement constitutes the complete and sole agreement between the Parties and supersedes all prior agreements or contracts, written or oral.