The provisions below set out our terms of use in respect of your use of Performa. Please take time to read the provisions below carefully because they are legally binding.
1.1 We provide a real-time and post-game performance analysis app hosted at https://app.performasports.com/ with integrated cloud platform that helps our users analyse the performance of a particular team and individuals within that team (Performa App), we also provide training courses which are available at https://academy.performasports.com/ (Training Software) and a website which is currently available at https://www.performasports.com/ (our Website).
1.2 In this TOU, the following words shall have the following meanings:
Performa means the Performa App, our Training Software and/or our Website; Subscription Services means the Performa App and/or our Training Software; and Services means the provision of Performa.
1.3 This TOU set out how you may use Performa and forms a binding legal agreement (Agreement) between you and Performa Sports Limited, 87 Drumnacanvy Road, Portadown, N. Ireland, BT63 5LY, with company registration number NI604529 (we, us, our).
1.4 In this TOU: references to clauses (unless otherwise provided) are references of the clauses of this TOU; words in the singular include the plural and in the plural include the singular; a reference to a particular law is a reference to it as it is in force for the time being, taking account of any amendment, extension, application or re-enactment and includes any subordinate legislation for the time being in force made under it; and references to including and include(s) shall be deemed to mean respectively, including without limitation and include(s) without limitation.
2.1 In order to use Performa, you must first agree to this TOU. You may not use Performa if you do not accept the TOU. You can accept the TOU by:
2.1.1 clicking to accept or agree to the TOU, where this option is made available to you by us in the user interface for the Service; or
2.1.2 by actually using the Service, whether on a trial or subscribed basis. In this case, you understand and agree that we will treat your use of the Service as acceptance of the TOU from that point onwards.
2.2 We may update or change this TOU from time to time and recommend that you review the TOU on a regular basis. You understand and agree that your continued use of our Services after the TOU have changed constitutes your acceptance of the TOU as revised. If we make a change to the TOU that materially impacts your use of the Service, we may post notice of the change to the TOU on our website and/or email you notice of any such change.
3.1 We reserve the right to decline any application from you to register as a user of the Service in our sole discretion and/or to suspend your use of the Service where we in our sole discretion believe that you are in breach of any provision of this TOU.
3.2 You acknowledge that your access to the Subscription Services is contingent upon the relevant subscription fee being paid by a customer of ours who permits you to benefit from the same. If we do not receive the relevant subscription fees, we reserve the right to shut down your User Account immediately and cease to provide you with access to the Subscription Services.
3.3 In order to use the Subscription Services you will be required to set up a user account (User Account). To do this, you will need to provide us with a number of details about you, contacts within your organisation, which types of sports you want to use the app to analyse, as well as details about your sports club (any such details, Account Details).
3.4 You:
3.4.1 represent and warrant to us that:
3.4.1.1 any and all Account Details provided by you are true, accurate and complete; and
3.4.1.2 you have all necessary consents and/or authority to provide us with the Account Details for use by us in accordance with this Agreement.
3.4.2 undertake to notify us promptly of any changes to any Account Details;
3.4.3 agree not to impersonate any other person or entity or to use a false name or a name that you are not authorised to use.
3.5 You agree and understand that you are responsible for maintaining the confidentiality of passwords associated with your User Account. Accordingly, you agree that you will be solely responsible to us for all activities that occur under your account, as determined, noted, or recorded by us. Such determination, notation, and record shall be at our sole discretion, and shall serve as conclusive proof of the facts stated therein and to which they attest.
3.6 If you become aware of any unauthorized use of your password or of your User Account, you agree to notify us immediately at info@performasports.com.
3.7 You grant us the right to access your User Account for the purposes of any service improvement or upgrade.
4.1 You agree that you are responsible for (and that we have no responsibility to you or to any third party for) any media files, metadata, graphics, images (including but not limited to player and team images), photographs, videos and other like materials that created, uploaded, downloaded, transmitted, stored, posted, emailed or published while using the Subscription Services (any and all such content User Content) and for the consequences of your actions (including any loss or damage which we may suffer) by doing so.
4.2 You hereby grant us an irrevocable non-exclusive, royalty free, sub-licensable licence to use the User Content as required for the provision of our Services and to collect and retain aggregate usage data for our own business purposes (provided such aggregate data does not include personal data).
4.3 By uploading any User Content (or permitted, authorising or enabling any third party to upload any User Content) you represent and warrant that:
4.3.1 you have the lawful right to reproduce and distribute such User Content;
4.3.2 you have the rights, power and authority to grant the licence at clause 4.2 above;
4.3.3 the uploading, downloading, posting, emailing or transmission by any other means of the User Content will not constitute or encourage a criminal offence, violate the rights of any party or otherwise create liability or violate any local, state, national or international law;
4.3.4 the User Content submitted by you complies with the restrictions set out at clause 5.3.
4.4 We do not control the User Content in the Subscription Services nor do we guarantee the accuracy, integrity or quality of such User Content. You acknowledge and agree that we are not responsible or liable in any way for any User Content provided by you or other users and have no duty to moderate such User Content. However, we reserve the right at all times to determine whether User Content is appropriate and in compliance with this TOU, and may move, modify and/or remove User Content at any time, without prior notice and in our sole discretion, if such User Content is found to be in non-compliance with this TOU or notified to us as objectionable by a third party. We also reserve the right to provide User Content to any third party who, in our sole opinion, demonstrates a proper legal basis for such disclosure.
5.1 The Subscription Services may only be used strictly and solely for the purposes of enabling coaches of team sports and individual players in a team to carry out real-time and post-game performance analysis of a sports game and/or to undertake training courses provided by us, and may not be used for any other purposes whatsoever without our prior, written and informed consent being obtained.
5.2 You agree that you will not (nor permit, authorise or enable any other person to): (a) take any action that imposes, or may impose (in each case in our sole discretion) an unreasonable or disproportionately large load on our infrastructure; (b) copy, duplicate, reproduce, rent, lease, operate a service bureau, transfer, redistribute, sub-licence, loan, sell, trade, resell, modify, create derivative works, distribute or publicly display, all or any part of Performa without our prior written consent; (c) interfere or attempt to interfere with the proper working of Performa or any activities conducted via Performa; (d) bypass any measures we may use to prevent or restrict access to Performa; (e) attempt to reverse engineer, decompile or otherwise seek to obtain access to the source code in Performa ; (f) engage in any activity that interferes with or disrupts Performa, or the servers and networks which are connected to Performa; and/or (g) use nor allow anyone else to use, any automated software, process, programme, robot, web crawler, spider, data mining, trawling or other “screen scraping” software (whether or not the resulting information is be used for your internal purposes) in respect of Performa and you must not disclose your password to anyone else for the purposes of using any such technology.
5.3 You agree not to upload (nor permit, authorise or enable any other person to upload) on to the Subscription Services any content which: (a) is misleading, harmful, threatening, abusive, harassing, defamatory, offensive, violent, obscene, pornographic, vulgar, libellous, racially, ethnically, religiously or otherwise objectionable; (b) constitutes unauthorised disclosure of personal or confidential information; (c) violates the rights of any party (including but not limited to any patent, trade mark, trade secret, publicity right, privacy right, copyright or other intellectual property right) or otherwise create liability or violate any local, state, national or international law; (d) contains viruses, trojans, worms, corrupted files or code, files and programs designed to impede or destroy the functionality of any computer software or hardware; spyware and malware designed for phishing and with a view to compromise the data security and integrity, and obtain sensitive personal or financial information; and/or (e) constitutes or encourages a criminal offence.
6.1 In this TOU intellectual property rights means any and all intellectual property rights including trademarks, copyright, moral rights, rights in goodwill or to sue for passing off, database rights, know-how, and all other intellectual property and proprietary information rights (including confidential information) as may exist now or hereafter come into existence; all modifications, continuations, renewals and extension of any of the foregoing arising under the laws of any country, state or jurisdiction in the world.
6.2 You acknowledge and agree that we (or our licensors) own all legal rights, title and interest in and to Performa, as well as any intellectual property rights which subsist in the Services (including source code in Performa), all reports, data, records, statistics, graphs, databases or like material generated from any analysis conducted using Performa, in each case, whether those rights happen to be registered or not, and wherever in the world those rights may exist. Any such intellectual property rights, Performa IPR.
6.3 Nothing in this Agreement shall confer on you any right, title or interest in any Performa IPR (except the rights of use set out in this Agreement). You further acknowledge that our Services may contain information which is designated confidential by us (such as information relating to our pricing, how the Subscription Services function, trade secrets) and that you shall not disclose such information without our prior written consent.
6.4 Unless you have agreed otherwise in writing with us, nothing in this TOU gives you (or anyone else) a right to use any of our trade names, trademarks, service marks, logos, domain names (including the ‘PERFORMA’ name), and other distinctive brand features without our express written permission. You agree that you shall not remove, obscure, or alter any proprietary rights notices (including copyright and trademark notices) which may be affixed to or contained within Performa (or any element of the Services).
6.5 You may not copy, or make any use of any part of Performa for any purposes save as expressly provided in this Agreement. In particular you may not modify, rent, lease, loan, sell, distribute or create derivative works based on Performa (either in whole or in part).
6.6 In the event that your use of the Services, if used in accordance with this Agreement, infringes any intellectual property rights of a third party, we may, at our sole discretion and expense, replace or modify the that part of our Services so that it is no longer infringing or obtain for you the right to continue using our Services. This therefore constitutes your sole remedy in relation to any claim of infringement in respect of your use of our Services.
6.7 Without prejudice to any other rights or remedies to which we might be entitled, we may at any time, terminate this Agreement with immediate effect and without liability to you if:
6.7.1 you have materially breached any provision of the TOU (or have acted in manner which clearly shows that you do not intend to, or are unable to comply with the provisions of this TOU) and, where such breach is capable of remedy, we determine that you have not so remedied within fourteen days of notification; or
6.7.2 we are required to do so by law (for example, where the provision of the Service to you is, or becomes, unlawful); or
6.7.3 the provision of the Service to you by us is, in our opinion, no longer commercially viable (in which case we will refund you for any Services paid for by you which you have not received).
7.1 Nothing in this TOU, including this clause 7, shall exclude or limit any warranty or liability which may not be lawfully excluded or limited by applicable law, including liability for fraud or for death or personal injury caused by our negligence.
7.2 There are no conditions, warranties, representations or other terms, express or implied, that are binding on us except as specifically stated in this TOU (including implied warranties and conditions of merchantability, fitness for a particular purpose and non-infringement). Any condition, warranty, representation or other term concerning the supply of the Service which might otherwise be implied into or incorporated in these TOU, or any collateral contract, whether by statute, common law or otherwise, is hereby excluded to the fullest extent permitted by law.
7.3 You expressly understand and so agree that your use of the Service is at your sole risk and that the Service is provided "as is" and "as available."
7.4 In particular, we, our subsidiaries and affiliates, and our licensors, do not represent or warrant to you that:
7.4.1 your use of the Service (including its use in conjunction with any other software) will meet your requirements, that your use of the Service will be uninterrupted, timely, secure or free from error or that defects in the operation or functionality of the Service provided to you will be corrected;
7.4.2 any information obtained by you as a result of your use of the Service will be accurate or reliable; and
7.4.3 that defects in the operation or functionality of the Service will be corrected, rectified, or remedied.
7.5 Any material downloaded or otherwise obtained or accessed through the use of the Service is done at your own discretion and risk, and that you will be solely responsible for any damage, loss, or prejudice to your computer system or other device or loss of data that results from the download or access of any such material.
7.6 In order for you to make full use of the Service it may be necessary for you to use particular computer equipment or to download or install certain pieces of software. If you are unable to access all or part of the Service because of internet availability, or because you do not have access to any necessary software or equipment, this shall not constitute a breach of this TOU by us and we shall not be liable for any loss, damage or expense which may result from your inability to access the Service.
7.7 No advice or information, whether oral or written, obtained by you from us or any of our subsidiaries, affiliates, officials, employees, or personnel, or through or from the Service shall create any warranty not expressly stated in this TOU. We shall not be under any liability whatsoever in respect of any inaccuracies or omissions in the Service. All such liability is excluded by us to the fullest extent permitted by law.
7.8 You expressly understand and agree that we and our licensors shall not be liable to you for:
7.8.1 any direct, indirect, special, incidental or consequential loss or damage which may arise in respect of the Service and/or its use or non-availability;
7.8.2 loss of profit, business revenue, goodwill and anticipated savings:
7.8.3 any trading or other losses which you may incur as a result of use of or reliance upon any content;
7.8.4 the deletion of, corruption of, or failure to store, any content and other communications data maintained or transmitted by or through your use of the Service; or
7.8.5 any effect which use of the Service may have on any software you use.
7.9 Subject to the clauses above, the aggregate liability of us in respect of any loss or damage suffered by you and arising out of or in connection with the use of the Service by you and/or any third party shall not exceed the amount of £1.
7.10 You agree and acknowledge that since you have not paid for your use of the Services, that accordingly the exclusions and limitations contained in this clause 7 are reasonable. You also undertake at all times to mitigate any such damage or loss.
8.1 We reserve the right to terminate this Agreement with you at any time at our sole discretion with no liability to you.
9.1 You shall not assign, transfer or sub-license any of your rights or obligations under this TOU. We may at any time assign all or any of our rights and transfer all or any of our obligations under this TOU.
9.2 Failure or neglect by us to enforce any of the provisions of this TOU at any time shall not be construed or deemed to be a waiver of our rights nor shall this in any way affect the validity of the whole or any part of this TOU, nor prejudice our rights to take subsequent action.
9.3 If any part of any provision of this TOU shall be or become invalid, unlawful or unenforceable to any extent, then the remainder of such provision and all other provisions of this TOU shall continue to be valid and enforceable to the fullest extent permitted by law.
9.4 This TOU represent the entire agreement of you and us in relation to the subject matter of this TOU and supersedes any previous agreement between you and us in relation to the Service. Neither of you and us has relied upon any statement or representation made by the other in agreeing to enter this agreement.
10.1 This TOU shall be construed in accordance with Northern Irish law and the parties hereby submit to the exclusive jurisdiction of the Northern Irish courts to settle any disputes which may arise in connection with this TOU.
Please take time to read the provisions below carefully, because they are legally binding.
1.1 We provide a real-time and post-game performance analysis app hosted at https://app.performasports.com/ with integrated cloud platform that helps our users analyse the performance of a particular team and individuals within that team (Performa App), we also provide training courses which are available at https://academy.performasports.com/ (Training Software) and a website which is currently available at https://www.performasports.com/ (our Website).
1.2 In these Terms, the following words shall have the following meanings:
Performa means the Performa App, our Training Software and/or our Website; Subscription Service means the Performa App and/or our Training Software; and Services means the provision of Performa.
1.3 These terms (the Terms) set out the terms upon which we will provide our Services to you and how you may use Performa and form a binding legal agreement (Agreement) between you and Performa Sports Limited, 87 Drumnacanvy Road, Portadown, N. Ireland, BT63 5LY, with company registration number NI604529 (we, us, our).
1.4 In these Terms: references to clauses (unless otherwise provided) are references of the clauses of these Terms; words in the singular include the plural and in the plural include the singular; a reference to a particular law is a reference to it as it is in force for the time being, taking account of any amendment, extension, application or re-enactment and includes any subordinate legislation for the time being in force made under it; and references to including and include(s) shall be deemed to mean respectively, including without limitation and include(s) without limitation.
2.1 In order to use Performa, you must first agree to these Terms. You may not use Performa if you do not accept the Terms. You can accept the Terms by:
2.1.1 clicking to accept or agree to the Terms, where this option is made available to you by us in the user interface for Performa; or
2.1.2 by actually using Performa, whether on a trial or subscribed basis. In this case, you understand and agree that we will treat your use of Performa as acceptance of the Terms from that point onwards.
2.2 We may update or change these Terms from time to time and recommend that you review the Terms on a regular basis. You understand and agree that your continued use of Performa after the Terms have changed constitutes your acceptance of the Terms as revised. If we make a change to the Terms that materially impacts your use of Performa, we may post notice of the change to the Terms on our website and/or email you notice of any such change.
3.1 In consideration for the payment of the relevant Subscription Fee, we hereby grant you a non-exclusive, non-assignable, non-transferrable, non-sub-licenable licence to use:
3.1.1 the Performa App for the purposes of carrying out (or enabling coaches or players in teams associated with your User Account(s) to carry out) real-time and post-game performance analysis for a sports team or individual player within the relevant team; and/or
3.1.2 the Training Software for the purpose of undertaking a course offered by us, (in either case, User Licence).
3.2 You may only use the Subscription Services in accordance with any specifications agreed in writing with us when you purchase a subscription.
3.3 You may authorise coaches and/or players in teams associated with your club(s) (any such users, Permitted Users) to access the Subscription Services through your User Account(s) subject to the following provisions:
3.3.1 any such use shall be solely and strictly for the purposes of carrying out real-time and post-game performance analysis of the relevant team and players and/or undertaking a course made available by us;
3.3.2 you shall be responsible for any acts and/or omissions of any such Permitted Users which, if carried out by you would amount to a breach of this Agreement;
3.3.3 the number of Permitted Users shall be limited to the maximum number of users agreed between you and us when you purchased your User Licence; and
3.3.4 you acknowledge and agree that we reserve the right to block a Permitted User’s access to the Subscription Services if we believe they have acted in breach of our Terms of Use which is accessible here.
4.1 In order to use the Subscription Services you will be required to set up a user account (User Account). To do this, you will need to provide us with a number of details about you, contacts within your organisation, which types of sports you want to use the app to analyse, as well as details about your sports club (any such details, Account Details).
4.2 You:
4.2.1 represent and warrant to us that:
4.2.1.1 any and all Account Details provided by you are true, accurate and complete; and
4.2.1.2 you have all necessary consents and/or authority to provide us with the Account Details for use by us in accordance with this Agreement;
4.2.2 undertake to notify us promptly of any changes to any Account Details;
4.2.3 agree not to impersonate any other person or entity or to use a false name or a name that you are not authorised to use.
4.3 You agree and understand that you are responsible for maintaining the confidentiality of passwords associated with your User Account. Accordingly, you agree that you will be solely responsible to us for all activities that occur under your account, as determined, noted, or recorded by us. Such determination, notation, and record shall be at our sole discretion, and shall serve as conclusive proof of the facts stated therein and to which they attest.
4.4 If you become aware of any unauthorized use of your password or of your User Account, you agree to notify us immediately at info@performasports.com.
4.5 You grant us the right to access your User Account for the purposes of any service improvement or upgrade.
5.1 You agree that you are solely responsible for (and that we have no responsibility to you or to any third party for) any media files, metadata, graphics, images (including but not limited to player and team images), photographs, videos and other like materials that created, uploaded, downloaded, transmitted, stored, posted, emailed or published (whether by you or any Permitted User) while using the Subscription Services (any and all such content User Content) and for the consequences of your and/or any Permitted Users’ actions (including any loss or damage which we may suffer) by doing so.
5.2 You hereby grant us an irrevocable non-exclusive, royalty free, sub-licensable licence to use the User Content as required for the provision of our Services and to collect and retain aggregate usage data for our own business purposes (provided such aggregate data does not include Personal Data).
5.3 By uploading any User Content (or permitted, authorising or enabling any third party to upload any User Content) you represent and warrant that:
5.3.1 you have the lawful right to reproduce and distribute such User Content;
5.3.2 you have the rights, power and authority to grant the licence at clause 5.2 above;
5.3.3 the uploading, downloading, posting, emailing or transmission by any other means of the User Content will not constitute or encourage a criminal offence, violate the rights of any party or otherwise create liability or violate any local, state, national or international law;
5.3.4 the User Content complies with the restrictions set out at clause 6.3.
5.4 We do not control the User Content in the Subscription Services nor do we guarantee the accuracy, integrity or quality of such User Content. You acknowledge and agree that we are not responsible or liable in any way for any User Content provided by you or other users and have no duty to moderate such User Content. However, we reserve the right at all times to determine whether User Content is appropriate and in compliance with these Terms, and may move, modify and/or remove User Content at any time, without prior notice and in our sole discretion, if such User Content is found to be in non-compliance with these Terms or notified to us as objectionable by a third party. We also reserve the right to provide User Content to any third party who, in our sole opinion, demonstrates a proper legal basis for such disclosure.
5.5 You hereby indemnify us and hold us harmless, without limitation and upon demand, against any claims, proceedings, actions, costs, damages, expenses, liability, losses and demands (including reasonable legal expenses) that may be incurred by us and whether directly or indirectly arising from: (a) any User Content submitted, posted, transmitted, or otherwise made available by you or a Permitted User using the Subscription Services; (b) use of our Services by you or a Permitted User; (c) any breach by you of these Terms; and/or (d) any infringement of any third party intellectual property rights arising in connection with any User Content added or used by you or a Permitted User in connection with the Subscription Services.
6.1 The Subscription Services may only be used strictly and solely for the purposes of enabling coaches of team sports and individual players in a team to carry out real-time and post-game performance analysis of a sports game and/or to undertake training courses provided by us, and may not be used for any other purposes whatsoever without our prior, written and informed consent being obtained.
6.2 You agree that you will not (nor permit, authorise or enable any other person to): (a) take any action that imposes, or may impose (in each case in our sole discretion) an unreasonable or disproportionately large load on our infrastructure; (b) copy, duplicate, reproduce, rent, lease, operate a service bureau, transfer, redistribute, sub-licence, loan, sell, trade, resell, modify, create derivative works, distribute or publicly display, all or any part of Performa without our prior written consent; (c) interfere or attempt to interfere with the proper working of Performa or any activities conducted via Performa; (d) bypass any measures we may use to prevent or restrict access to Performa; (e) attempt to reverse engineer, decompile or otherwise seek to obtain access to the source code in Performa ; (f) engage in any activity that interferes with or disrupts Performa, or the servers and networks which are connected to Performa; and/or (g) use nor allow anyone else to use, any automated software, process, programme, robot, web crawler, spider, data mining, trawling or other “screen scraping” software (whether or not the resulting information is be used for your internal purposes) in respect of Performa and you must not disclose your password to anyone else for the purposes of using any such technology.
6.3 You agree not to upload (nor permit, authorise or enable any other person to upload) on to the Subscription Services any content which: (a) is misleading, harmful, threatening, abusive, harassing, defamatory, offensive, violent, obscene, pornographic, vulgar, libellous, racially, ethnically, religiously or otherwise objectionable; (b) constitutes unauthorised disclosure of personal or confidential information; (c) violates the rights of any party (including but not limited to any patent, trade mark, trade secret, publicity right, privacy right, copyright or other intellectual property right) or otherwise create liability or violate any local, state, national or international law; (d) contains viruses, trojans, worms, corrupted files or code, files and programs designed to impede or destroy the functionality of any computer software or hardware; spyware and malware designed for phishing and with a view to compromise the data security and integrity, and obtain sensitive personal or financial information; and/or (e) constitutes or encourages a criminal offence.
7.1 In these Terms intellectual property rights means any and all intellectual property rights including trademarks, copyright, moral rights, rights in goodwill or to sue for passing off, database rights, know-how, and all other intellectual property and proprietary information rights (including confidential information) as may exist now or hereafter come into existence; all modifications, continuations, renewals and extension of any of the foregoing arising under the laws of any country, state or jurisdiction in the world.
7.2 You acknowledge and agree that we (or our licensors) own all legal rights, title and interest in and to Performa, as well as any intellectual property rights which subsist in the Services (including source code in Performa), all reports, data, records, statistics, graphs, databases or like material generated from any analysis conducted using Performa, in each case, whether those rights happen to be registered or not, and wherever in the world those rights may exist. Any such intellectual property rights, Performa IPR.
7.3 Nothing in this Agreement shall confer on you any right, title or interest in any Performa IPR (except the rights of use set out in this Agreement). You further acknowledge that our Services may contain information which is designated confidential by us (such as information relating to our pricing, how the Subscription Services function, trade secrets) and that you shall not disclose such information without our prior written consent.
7.4 Unless you have agreed otherwise in writing with us, nothing in these Terms gives you (or anyone else) a right to use any of our trade names, trademarks, service marks, logos, domain names (including the ‘PERFORMA’ name), and other distinctive brand features without our express written permission. You agree that you shall not remove, obscure, or alter any proprietary rights notices (including copyright and trademark notices) which may be affixed to or contained within Performa (or any element of the Services).
7.5 You may not copy, or make any use of any part of Performa for any purposes save as expressly provided in this Agreement. In particular you may not modify, rent, lease, loan, sell, distribute or create derivative works based on Performa (either in whole or in part).
7.6 In the event that your use of the Services, if used in accordance with this Agreement, infringes any intellectual property rights of a third party, we may, at our sole discretion and expense, replace or modify the that part of our Services so that it is no longer infringing or obtain for you the right to continue using our Services. This therefore constitutes your sole remedy in relation to any claim of infringement in respect of your use of our Services.
8.1 In order to use our Services, you (or your Permitted Users) may need to provide us with (whether directly or by uploading to Performa) information about individuals who can be identified from that information (Personal Data). This is likely to include data about the following groups of individuals:
8.1.1 key contacts in your organisation which enable us to provide our Services. Any such data, Customer Contact Data; and
8.1.2 data about Permitted Users and/or members in any team subject to analysis. Any such data, User Data.
8.2 Each party agrees to comply with its obligations under the Applicable Data Protection Legislation in respect of its use of any Personal Data in connection with our Services. For the purposes of these Terms, Applicable Data Protection Legislation means the Data Protection Act 2018 (DPA 2018), and the General Data Protection Regulation (EU 2016/679) (GDPR) for so long as applicable, along with any national implementing laws, regulations and secondary legislation, as amended or updated from time to time in Northern Ireland.
8.3 You acknowledge and agree that in respect of any Customer Contact Data, we are acting as the controller (as such term is defined in the GDPR). For further information of our use as to how we use Personal Data relating to our customers, please see our privacy notice, which can be accessed via the following link: https://www.performasports.com/terms#privacy-policy/.
8.4 You acknowledge and agree that in respect of any User Data, you are acting as the controller and we are acting as the processor (as such terms are defined in the GDPR). It is your responsibility to ensure that all consents and permissions required at law for use of any personal data uploaded to the Performa App by you or a Permitted User has been obtained. You should also consider that the consent of a parent or guardian may be required where that Personal Data relates to minors. You hereby indemnify us and hold us harmless on demand against any losses, damages, penalties and/or expenses incurred or suffered by us as a result of a breach your obligations under this clause 8.
8.5 In relation to any User Data, we shall:
8.5.1 process the User Data only in accordance with your written instructions of (which shall include the provisions in this Agreement) unless we are required by the laws of any member of the European Union or by the laws of the European Union or the UK applicable to us to process User Data (Applicable Laws). Where we are relying on laws of a member of the European Union or European Union law (or the UK) as the basis for processing User Data, we shall promptly notify you of this before performing the processing required by the Applicable Laws unless those Applicable Laws prohibit us from so notifying you;
8.5.2 ensure that we have in place appropriate technical and organisational measures to protect against unauthorised or unlawful processing of User Data and against accidental loss or destruction of, or damage to, User Data, appropriate to the harm that might result from the unauthorised or unlawful processing or accidental loss, destruction or damage and the nature of the data to be protected, having regard to the state of technological development and the cost of implementing any measures;
8.5.3 not transfer any User Data outside of the European Economic Area unless we’ve obtained your prior written consent;
8.5.4 assist you, at your cost, in responding to any request from a relevant data subject and in ensuring compliance with your obligations under the Applicable Data Protection Legislation with respect to security, breach notifications, impact assessments and consultations with supervisory authorities or regulators;
8.5.5 notify you without undue delay on becoming aware of a breach of the User Data;
8.5.6 at your written direction, delete or return User Data to you on termination of this Agreement unless required by Applicable Law to store the User Data; and
8.5.7 maintain complete and accurate records and information to demonstrate our compliance with this clause 8.5 and allow for audits by you or your designated auditor in respect of the processing of the User Data by us or our sub-processors (upon receiving reasonable notice from you).
9.1 You agree that we may reference your club and team names associated with your User Account, for promotional and advertising purposes only. If you do not wish to be featured in our promotional material please notify us immediately at support@performasports.com.
9.2 Both of you and us acknowledge that publicity by us using any such club or team names does not constitute any endorsement by us and, in accordance with clause 5 above, you are solely responsibility for the User Content.
10.1 Access to the Subscription Services is on a subscription basis, except where you are availing of any trial period granted by us. We will charge you a monthly or annual subscription fee (Subscription Fee) for access to the Service and you undertake to pay the price notified to you in accordance with the terms agreed in writing between us and you.
10.2 If you fail to make any payments when due to us, we may:
10.2.1 suspend or lock access to your User Account (and those linked accounts of any Permitted User) until payment is received;
10.2.2 terminate this Agreement and delete your User Content in accordance; and
10.2.3 charge interest on the overdue amount at the rate of 4% per annum above the Bank of Ireland’s base rate from time to time. Such interest shall accrue on a daily basis from the due date until actual payment of the overdue amount, whether before or after judgment.
10.3 We reserve the right to change the price of the Subscription Fee or institute new changes or fees provided we give you advance notice of the same. Price changes and institution of new charges implemented during your subscription term will apply to subsequent subscription terms. If you do not agree to any such price changes, then you must cancel your account and stop using our Services. Your continued use of our Services after the effective date of change shall constitute your acceptance of such change.
11.1 This Agreement will commence on the date on which we start providing our Services to you and shall continue for a period of 12 months thereafter (Subscription Term). Either party may terminate this Agreement by giving the other no less than 30 days’ written notice, to expire no earlier than the end of the Subscription Term (or any subsequent 12 month roll-over period). If no such notice is given, the Agreement shall continue for further periods of 12 months on the same terms.
11.2 We reserve the right to decline any application from you to register as a user of the Service in our sole discretion and/or to suspend your use of the Service where we in our sole discretion believe that you are in breach of any provision of these Terms.
11.3 Without prejudice to any other rights or remedies to which we might be entitled, we may at any time, terminate this Agreement with immediate effect and without liability to you if:
11.3.1 you have materially breached any provision of the Terms (or have acted in manner which clearly shows that you do not intend to, or are unable to comply with the provisions of the Terms) and, where such breach is capable of remedy, we determine that you have not so remedied within fourteen days of notification; or
11.3.2 we are required to do so by law (for example, where the provision of the Service to you is, or becomes, unlawful); or
11.3.3 you cease to trade; or become insolvent or unable to pay your debts within the meaning of the insolvency legislation applicable to you; or a person (including the holder of a charge or other security interest) is appointed to manage or take control of the whole part of your business or assets, or notice of an intention to appoint such a person is given or documents relating to such an appointment are filed with any court; or the ability of your creditors to take any action to enforce your debts is suspended, restricted or prevented or some or all of your creditors accept, by agreement or pursuant to a court order, an amount of less than the sums owing to them in satisfaction of those sums; or any process is instituted which could lead to you being dissolved and your assets being distributed to your creditors, shareholders or other contributors (other than for the purposes of solvent amalgamation or reconstruction): or
11.3.4 the provision of the Service to you by us is, in our opinion, no longer commercially viable (in which case we will refund you for any Services paid for by you which you have not received).
11.4 When these Terms come to an end:
11.4.1 the licence granted at clause 3.1 of these Terms terminates;
11.4.2 all of the legal rights, obligations and liabilities that you and we have benefited from, been subject to (or which have accrued over time whilst the Terms have been in force) or which are expressed to continue indefinitely, shall be unaffected by this cessation, and the provisions of clauses 5 – 14 (inclusive) shall survive termination of these Terms; and
11.4.3 you will have no further access to your User Data.
11.5 Subject to our obligations under the Applicable Data Protection Legislation, we reserve the exclusive right and prerogative (but do not guarantee) to retain, maintain, archive, protect, use, or store any and all data or information, without regard as to time or duration, as we may deem reasonable or necessary in the pursuit of our business or interests, or in protecting such business or interests, notwithstanding the termination or cessation of your relationship with us.
12.1 Nothing in these Terms, including this clause 12, shall exclude or limit any warranty or liability which may not be lawfully excluded or limited by applicable law, including liability for fraud or for death or personal injury caused by our negligence.
12.2 There are no conditions, warranties, representations or other terms, express or implied, that are binding on us except as specifically stated in these Terms (including implied warranties and conditions of merchantability, fitness for a particular purpose and non-infringement). Any condition, warranty, representation or other term concerning the supply of the Service which might otherwise be implied into or incorporated in these Terms, or any collateral contract, whether by statute, common law or otherwise, is hereby excluded to the fullest extent permitted by law.
12.3 You expressly understand and so agree that your use of the Service is at your sole risk and that the Service is provided "as is" and "as available."
12.4 In particular, we, our subsidiaries and affiliates, and our licensors, do not represent or warrant to you that:
12.4.1 your use of the Service (including its use in conjunction with any other software) will meet your requirements, that your use of the Service will be uninterrupted, timely, secure or free from error or that defects in the operation or functionality of the Service provided to you will be corrected;
12.4.2 any information obtained by you as a result of your use of the Service will be accurate or reliable; and
12.4.3 that defects in the operation or functionality of the Service will be corrected, rectified, or remedied.
12.5 Any material downloaded or otherwise obtained or accessed through the use of the Service is done at your own discretion and risk, and that you will be solely responsible for any damage, loss, or prejudice to your computer system or other device or loss of data that results from the download or access of any such material.
12.6 In order for you to make full use of the Service it may be necessary for you to use particular computer equipment or to download or install certain pieces of software. If you are unable to access all or part of the Service because of internet availability, or because you do not have access to any necessary software or equipment, this shall not constitute a breach of these Terms by us and we shall not be liable for any loss, damage or expense which may result from your inability to access the Service.
12.7 No advice or information, whether oral or written, obtained by you from us or any of our subsidiaries, affiliates, officials, employees, or personnel, or through or from the Service shall create any warranty not expressly stated in these Terms. We shall not be under any liability whatsoever in respect of any inaccuracies or omissions in the Service. All such liability is excluded by us to the fullest extent permitted by law.
12.8 You expressly understand and agree that we and our licensors shall not be liable to you for:
12.8.1 any direct, indirect, special, incidental or consequential loss or damage which may arise in respect of the Service and/or its use or non-availability;
12.8.2 loss of profit, business revenue, goodwill and anticipated savings:
12.8.3 any trading or other losses which you may incur as a result of use of or reliance upon any content;
12.8.4 the deletion of, corruption of, or failure to store, any content and other communications data maintained or transmitted by or through your use of the Service; or
12.8.5 any effect which use of the Service may have on any software you use. 12.9 Subject to the clauses above, the aggregate liability of us in respect of any loss or damage suffered by you and arising out of or in connection with the use of the Service by you and/or any third party shall not exceed the amount of the total fees actually paid by you to us in the twelve months preceding the date of the your claim. 12.10 You agree and acknowledge that you are in a better position than us to foresee and evaluate any potential damage or loss which you may suffer in connection with the use of the Service; that we cannot adequately insure its potential liability to you; and that accordingly the exclusions and limitations contained in this clause 12 are reasonable. You also undertake at all times to mitigate any such damage or loss.
13.1 You shall not assign, transfer or sub-license any of your rights or obligations under these Terms. We may at any time assign all or any of our rights and transfer all or any of our obligations under these Terms.
13.2 Failure or neglect by us to enforce any of the provisions of these Terms at any time shall not be construed or deemed to be a waiver of our rights nor shall this in any way affect the validity of the whole or any part of these Terms, nor prejudice our rights to take subsequent action.
13.3 If any part of any provision of these Terms shall be or become invalid, unlawful or unenforceable to any extent, then the remainder of such provision and all other provisions of these Terms shall continue to be valid and enforceable to the fullest extent permitted by law.
13.4 These Terms represent the entire agreement of you and us in relation to the subject matter of these Terms and supersedes any previous agreement between you and us in relation to the Service. Neither of you and us has relied upon any statement or representation made by the other in agreeing to enter this agreement.
14.1 These Terms shall be construed in accordance with Northern Irish law and the parties hereby submit to the exclusive jurisdiction of the Northern Irish courts to settle any disputes which may arise in connection with these Terms.
1.1. We are Performa Sports Ltd a company registered in Northern Ireland, with registered office at 87 Drumnacanvy Road, Portadown, Co Armagh, BT63 5LY, and registered number: NI604529 (we, us, our).
1.2. We are a team of sports people focused on evolving the role, speed, and simplicity of mobile and cloud technology as a game-changer for performance analysis and coaching. We specialise in the integration of analysis within the coaching process for athlete development using our Performa Sports application and integrated cloud analytics platform (such platform, Performa). The provision of Performa, our Services.
2.1. In order to provide our Services, we may need to process Personal Data from time to time (that is information about someone who can be identified from the data). This Personal Data may be about you or other people. This notice explains how we will use the Personal Data we hold.
2.2. This notice only deals with our use of Personal Data. If you use Performa to upload Personal Data, it may be accessible to other users. People who may access Personal Data uploaded on to Performa are not bound by this privacy notice.
2.3. We might need to change this privacy notice from time to time. We will publish our privacy notice on our website (available at www.performasports.com) and do our best to update you directly if we think the changes might affect you. Please do keep an eye on our notice before sending us any Personal Data.
2.4. All of the defined terms in this notice are explained in paragraph 14 below. If you have any questions about this notice, feel free to send us an email to dpo@performasports.com.
3.1. We hold Personal Data about the following groups of people (Data Subjects):
(i) Customers: that is businesses (in each case including key contact data) which enter into a contract for services with us;
(ii) Prospective Customer: that is any businesses which we think might be interested in our Services (including any Prospective Customer which has engaged in a free trial), but which have not entered into a contract with us (including their key contacts);
(iii) Permitted Users: that is anyone designated by our Customer to access and use Performa under the Customer licence. This might be coaches, schools, boards, committees (Administrative User) or a member of a sports team (Team User); or
(iv) Academic Partners: that is parties (or their key contacts) with whom we may share (anonymised) aggregate data collected from a user’s use of Performa.
4.1 We are a Controller in respect of the Personal Data that we hold about Customers, Prospective Customers and Academic Partners as well as any usage data which we collect from users of Performa (since we collect this to make sure Performa is being used in accordance with our terms of use). This privacy notice deals with information we collect as a Controller.
4.2 We are a Processor in respect of the personal data that our Customers provide us with relating to Permitted Users as well as data uploaded by Permitted Users relating to third parties (such as individual team players). We will only use this data in accordance with our Customers’ instructions to provide our Services. Information about how we will use data we process is set out in our terms of business.
5.1 We might collect Personal Data in the following ways:
(i) Information an individual provides us with directly:
For Customers and Prospective Customers this is likely to include:
For Academic Partners this is likely to include:
(ii) Information which we collect from users of our website and/or Performa. This is likely to include:
For more information about what cookies we use, please see our Cookies Policy, which can be accessed here.
(iii) Information which we might collect from third parties. This is likely to include:
5.2 We may handle Special Categories of Personal Data if a user uploads details about their height and weight. Any such data would be handled by us as a processor. Special Categories of Personal Data includes details about an individual’s race or ethnicity, religious or philosophical beliefs, sex life, sexual orientation, political opinions, trade union membership, information about health and genetic and biometric data.
5.3 We recognise that some of the data (including Special Categories data) uploaded by Permitted Users may include data relating to children under the age of 13. It is the responsibility of the party uploading the data to ensure that proper consent has been obtained.
6.1 We may use Personal Data relating to our Customers and Prospective Customers for the processing activities set out in the table below.
6.2 We will only use Personal Data relating to Academic Users for the purposes agreed between us. If we enter into a contract you, our lawful basis shall be necessary for the performance of the contract or to take steps to enter into the same.
7.1 We may disclose Personal Data to our employees and third parties who are contracted to help us provide our Services. Any such third parties will be acting as processors on our behalf and will be contractually bound only to use the data in accordance with our instructions and to implement adequate security measures. We currently use processors for the following tasks:
(i) Host service provider
(ii) Email provider
(iii) Marketing platform
(iv) Payment provider
7.2 We may share Personal Data with third parties (which will also be acting as controllers in respect of that Personal Data) with the following parties:
(i) LAWFUL REQUIREMENTS OR LEGAL CLAIMS: If we are under a legal duty to do so or if it is required to enforce or apply our contracts or to protect the operation of our website, or the rights, property or safety of us or others.
(ii) SALE OF BUSINESS: If we sell, transfer or merge parts of our business or our assets. If a change happens to our business, then the new owners will only be entitled to use Personal Data in accordance with the provisions set out in this privacy notice.
If you have any questions about who your data might be transferred to please send us an email at dpo@performasport.com.
8.1 It is our policy to ensure that all Personal Data held by us is handled correctly and appropriately according to the nature of the information, the risk associated with mishandling the data, including the damage that could be caused to an individual as a result of loss, corruption and/or accidental disclosure of any such data, and in accordance with any applicable legal requirements.
9.1 Currently we only use servers in the EU. Our current host servers are provided by Heroku, whose servers are based in Ireland
9.2 If you are based outside the EEA and would like further information about where we hold your data, please contact us by email: dpo@performasports.com.
10.1 Our retention policy in respect of the Personal Data we hold is as follows:
(a) we may store data related to transactions for up to 7 years to ensure that we have sufficient records from an accounting and tax perspective. Any such data retained for a longer period will be anonymised so that an individual cannot be identified;
(b) we may archive Customer Data and Prospective Customer Data relating to negotiations, contracts agreed, payments made, disputes raised and usage data relating to Permitted Users to 6 years to protect ourselves in the event of a dispute arising between you and us. Any such data retained for a longer period will be anonymised so that an individual cannot be identified;
(c) we may store aggregate data without limitation (on the basis that no individual can be identified from the data);
(d) for lapsed or past customers who continue to be inactive for a period of 12-months their accounts will auto-delete removing all data from our database.
11.1 Data Subjects have the following rights in respect of Personal Data relating to them which can be enforced against whoever is the Controller.
(a) Right to be informed: the right to be informed about what Personal Data the Controller collects and stores about you and how it’s used.
(b) Right of access: the right to request a copy of the Personal Data held, as well as confirmation of:
(i) the purposes of the processing;
(ii) the categories of personal data concerned;
(iii) the recipients to whom the personal data has/will be disclosed;
(iv) for how long it will be stored; and
(v) if data wasn’t collected directly from the Data Subject, information about the source.
(c) Right of rectification: the right to require the Controller to correct any Personal Data held about the Data Subject which is inaccurate or incomplete.
(d) Right to be forgotten: in certain circumstances, the right to have the Personal Data held about the Data Subject erased from the Controller’s records.
(e) Right to restriction of processing: the right to request the Controller to restrict the processing carried out in respect of Personal Data relating to the Data Subject. You might want to do this, for instance, if you think the data held by the Controller is inaccurate and you would like to restrict processing the data has been reviewed and updated if necessary.
(f) Right of portability: the right to have the Personal Data held by the Controller about the Data Subject transferred to another organisation, to the extent it was provided in a structured, commonly used and machine-readable format.
(g) Right to object to direct marketing: the right to object where processing is carried out for direct marketing purposes (including profiling in connection with that purpose).
(h) Right to object to automated processing: the right not to be subject to a decision based solely on automated processing (including profiling) which produces legal effects (or other similar significant effects) on the Data Subject.
11.2 If you want to avail of any of these rights, you should contact us immediately at dpo@performasports.com. If we are not the Controller, we will need to transfer your request to the Controller – but we will only do so with your consent. If you do contact us with a request, we will also need evidence that you are who you say you are to ensure compliance with data protection legislation.
12.1 If we are holding Personal Data about you as a Processor, we will need to transfer your request to the Controller who has engaged us to provide our Services – that will be the Customer.
12.2 If we are holding Personal Data about you as a Controller, we will comply with your request unless we have reasons for lawfully retaining data about you.
12.3 If we are holding Personal Data about you and using that data for marketing purposes or for any other activities based on your consent, you may notify us at any time that you no longer want us to process Personal Data about you for particular purposes or for any purposes whatsoever and we will stop processing your Personal Data for that purpose. This will not affect your ability to receive our Services.
13.1 If you have any questions or concerns about how we are using Personal Data about you, please contact our Data Protection Officer immediately at our registered address (see paragraph 1.1 above) or by email to dpo@performasports.com. If we are processing Personal Data about you on behalf of the Customer, we will need to pass your complaint to the Customer – we will only do so with your consent.
13.2 If you wish to make a complaint about how we have handled Personal Data about you, you may lodge a complaint with the Information Commissioner’s Office by following this link: https://ico.org.uk/concerns/.
14.1 Throughout this notice you’ll see a lot of defined terms (which you can recognise because they’re capitalised). Where possible, we’ve tried to define them as we go, but we thought it might be useful to have a glossary at the end for you. Anywhere in this notice you see the following terms, they’ll have the following meanings:
Controller is a legal term set out in the General Data Protection Regulation (GDPR), it means the party responsible for deciding what Personal Data to collect and how to use it;
Data Subject means the individual who can be identified from the Personal Data;
Personal Data means data which can be used to identify a living individual. This could be a name and address or it could be a number of details which when taken together make it possible to work out who the information is about. It also includes information about the identifiable individual;
Processor is another legal term set out in the GDPR, it means the party who has agreed to process Personal Data on behalf of the Controller; and
Special Categories of Personal Data means details about an individual’s race or ethnicity, religious or philosophical beliefs, sex life, sexual orientation, political opinions, trade union membership, information about health and genetic and biometric data.
We use cookies as part of our website and sports app (Performa). This policy sets out what cookies are, what cookies we use and why.
1.1. A cookie is a small text file containing anonymous information (letters and numbers) which acts as an identifier that will be sent by our server to your computer or mobile device when you use Performa.
1.2. By allowing us to identify you, your user experience will be improved. For instance, Performa will be able to remember your preferred settings, user name and preferences, saving you time each time you log in.
In our provision of services to you, we use both ‘essential’ and ‘non-essential’ cookies.
Essential Cookies: Some cookies are essential and enable you to move around the Services and use their features, such as accessing secure areas of the Services. Without these cookies, we cannot enable appropriate content based on the type of device you are using. Functionality Cookies: These cookies allow us to remember choices you make on our websites (such as your preferred language or the region you are in).
Personalisation Cookies: We also use cookies to change the way our Services behave or look in order to personalize your experience from information we infer from your behavior on our Services or information we may already know about you because, for example, you are a registered user. These cookies may be used to tailor the Services or the content, look and feel delivered to you on subsequent sessions to our Services. For example, if you personalize webpages, or use specific parts of the Services, a cookie helps our webpage server recall your specific information. When you next use the Services, the information you previously provided can be retrieved, so you can easily use the Services features that you previously chose.
Analytics Cookies: We use our own cookies and/or third-party cookies and other identifiers (such as web beacons) to see how you use our Services in order to enhance their performance and develop them according to the preferences of our customers and visitors. For example, cookies and web beacons may be used to: maintain a consistent look and feel across our Services; track and provide trend analysis on how our users interact with our Services; track errors and measure the effectiveness of our promotional campaigns.
Advertising Cookies: These cookies record your visit to our Services, your opening and review of our emails, the pages you have visited, and the links you have clicked. They gather information about your browsing habits and remember that you have visited a website. We or our service providers may use this information to make advertisements more relevant to you.
Cross-Device Cookies: Sometimes, we may use cookies in combination with the information we collect — for instance, usernames, IP addresses and unique mobile device identifiers — to locate or try to locate the same unique users across multiple browsers or devices (such as smartphones or tablets), or work with service providers that do this, in order to save your preferences across devices and analyze usage of the Services.
Please note that third parties (including for example, advertising networks and providers of external services like web traffic analysis services) may also use cookies on our Services. We used trusted partners like DoubleClick and Google AdWords to help us service advertising. We also use Google Analytics on our Services to help us analyze how our Services are used. Google Analytics uses performance cookies to track visitor interactions. For example, by using cookies, Google can tell us which pages our users view, which are most popular, what time of day our websites are visited, whether visitors have been to our websites before, what website referred the visitor to our websites, and other similar information. We have little control over these “third party” cookies, so we suggest that you check the respective privacy policies for these external services to help you understand what data these organisations hold about you and what they do with it.
DoubleClick: http://www.google.com/policies/technologies/ads/
Facebook: https://www.facebook.com/policy.php
Google AdWords: https://support.google.com/adwords/answer/2549116?hl=en
Google Analytics: http://www.google.com/analytics/learn/privacy.html
Google Tag Manager: https://www.google.com/analytics/tag-manager/faq/
Google+: https://www.google.com/policies/privacy/
Twitter: https://twitter.com/privacy?lang=en
YouTube: https://www.youtube.com/static?template=privacy_guidelines
Please note that third parties (including for example, advertising networks and providers of external services) may also use cookies over which we have no control. Any such cookies are likely to be analytical or targeting cookies.
3.1. By using Performa, you are consenting to our use of these non-essential cookies. If you do not consent to our using non-essential cookies you may opt to block the cookies by using the appropriate setting on your browser. For more information on how to disable cookies please see: www.allaboutcookies.org.
3.2. Please note that blocking cookies could affect some of the services provided on Performa.
4.1. Any changes we may make to our cookies policy in the future will be posted on this page.
5.1. Questions, comments and requests regarding this cookies policy are welcomed and should be addressed to dpo@performasports.com.
