FootSider – Terms of Service

User, Club and Partner Terms of Service

By using the FootSider Service, the User agrees to these Terms of Service and any Supplementary Terms as amended and updated from time to time. Please read the following Terms of Service carefully before using the FootSider Service. If you do not agree with the Terms of Service, please do not use the FootSider Service. These Terms of Service apply to any use of the FootSider Service and to the agreements between a Partner or Club and the User. A more detailed description of the FootSider Service and information on system requirements is available at [FootSider.fr]. Your access or use of any FootSider Service in any way signifies that you have read, understand and agree to be bound by the Terms of Service. If you register as a company, association or any other legal entity (e.g. a Club or Partner), you represent and warrant that you are authorised to bind the entity into these Terms of Service.

1. Definitions

Club(s)” means a football body consisting of various teams that play in recognised leagues, that is able to form a partnership with FootSider.

Club Agreement” means any club agreement concluded between FootSider or any subsidiary of FootSider and a Club inter partes which shall be attached and included as an integral part of these Terms of Service which shall have precedence over the Terms of Service inter partes.

Club Representative” means any natural or legal entity that is legally obliged to represent the Club when entering into agreements.

Partner(s)” means an association, league, brand, or similar body who has entered into an agreement with FootSider and who offers its content, experiences, and brand affiliation to benefit players, coaches or the football landscape through the FootSider Service.

Partner Agreement” means any partner agreement concluded between FootSider or any subsidiary of FootSider and a Partner inter partes which shall be attached and included as an integral part of these Terms of Service which shall have precedence over the Terms of Service inter partes.

Partner Representative” means any natural or legal entity that is legally obliged to represent the Partner when entering into agreements.

Privacy Policy” means the privacy policy attached and included as an integral part of these Terms of Service available at [www.FootSider.fr/privacy-policy].

Supplementary Terms” means any additional terms and conditions applying to the FootSider Service which are considered an integral part of these Terms of Service, e.g. (but not limited to) the Privacy Policy, Club Agreement or Partner Agreement (as the case may be).

Supporter” means any parent, guardian, person in custody or other trusted person (being a User) authorised by a football player (being a User) to administrate the football player’s User and User Content.

Terms of Service” means these terms of service including any Supplementary Terms as amended and updated from time to time.

FootSider” / “we” / “us” means the French limited liability company FootSider SAS with its registered address at Paris France, company registration no. xxxxxxxxx for Users registered in any location.

FootSider App” means any digital application called FootSider provided by FootSider for natural and legal persons to create a User or presence by uploading/viewing content, results, and performance inputs either as a User or Partner.“FootSider Discover” means the platform which the Club and other clubs have access to being the relevant information database underlying the FootSider App and the other FootSider Services.

FootSider Service” means both the FootSider App (across various platforms and available in different app stores) and FootSider website [FootSider.fr] and FootSider Discover and other additional locations as mentioned at [FootSider.fr].

User(s)” means a natural or legal person using the FootSider Service, as either a player, coach, Supporter, or other similar entity.

User Content” anything posted by a User (save for Supporters) or made available through the FootSider Service by the User.

2. Changes to the Terms of Service

2.1. We may, from time to time, change, remove, add to (including without limitation by way of Supplementary Terms) or otherwise modify the Terms of Service, and reserves the right to do so in our sole discretion. In that case, we will post the updated Terms of Service and/or Supplementary Terms, as relevant, to the applicable FootSider Service(s) and indicate the date of revision.

2.2. We encourage you to periodically review the Terms. In addition, if our modifications are material, we will make commercially reasonable efforts to notify you electronically, e.g. by way of email address, if we have an email address on file, or by displaying a notice on the FootSider Service indicating that the Terms of Service have changed. All new and/or amended Terms of Service take effect immediately, unless explicitly stated otherwise.

2.3. Notwithstanding the foregoing, (i) no modification to the Terms of Service will apply to any dispute between you and FootSider that arose prior to the effective date of any modification; and (ii) if you do not agree with any modification to the Terms of Service, you may terminate this agreement by ceasing use of the FootSider Service. Your continued use of any FootSider Service after new and/or revised Terms of Service are effective indication that you have read, understood and agreed to those Terms of Service.

3. Description and Purpose of the FootSider Service

3.1. FootSider acts as an intermediary between the Users, Clubs and Partners and provides a platform on which the Users can upload performance results, content, and feedback as well as interact with the community of Users, Clubs and Partners.

3.2. In exchange, the Clubs and Partners provide information about exclusive offers, news, content, special events, trial and scouting opportunities through the FootSider Service.

3.3. A User may create a profile as either a player, a coach, or a Supporter depending on their involvement in football into which they will then input relevant data.

3.4. The objective of providing FootSider with this data is to help Users to track, and progress through their football career or the career of others. The data provided by Users is used by FootSider to analyse the youth football industry as a whole, and to connect Users with football opportunities which may best apply to them. This can include, but is not limited to, Club or Partner collaborations, detection events, training, deep learning, or special events.

4. User Accounts

4.1. In order to use the FootSider Service, the User must create a user account by following the registration instructions in the FootSider Service. The FootSider Service credentials are personal. The User shall ensure that any user account credentials and equivalent information required to access the user account of the User are kept confidential and used in a secure manner not accessible by third parties. A User can have only one user account.

4.2. Where it is suspected that any unauthorised person has become aware of a User’s user account credentials or has access to the user account of the User, the User shall immediately inform FootSider thereof. The User shall be responsible for any use of the FootSider Service and any activity under the user account of the User.

4.3. In order to use the FootSider Service, the User must input valid and accurate results and data to the best of their ability. The User agrees to adhere to these rules. The User is responsible to keep their data up to date and accurate, in order to benefit from any profiling, or celebration from Clubs, Partners or from FootSider.

4.4. Should a User not adhere to these Terms of Service, FootSider may in its sole discretion remove and delete that User’s account and any related User Content. If a User selects an identifier for their account or team page, FootSider reserves the right to edit, remove or reclaim it, if we believe it is inappropriate (such as a User name or a team name that does not closely relate to a User’s actual name, club or level).

4.5. The Supporter shall be responsible for any use of the FootSider Service and any activity under the user account of the Supporter and the User(s) which the Supporter administrates and acts on behalf of from time to time, if any, subject to the same terms and conditions applying to that User in these Terms of Service applying to the Supporter mutatis mutandis (i.e. with the necessary changes being made).

4.6. The creation and maintaining of a Supporter account is subject to a separate payment. Such payment is settled directly to the marketplace facilitating payment and download of the FootSider App (currently being App Store (hosted by Apple) and Goggle Play Store (hosted by Google)) pursuant to the terms and conditions of the marketplace in question. Any continuous subscription fees will also be subject to those terms and conditions.

5. Data

5.1 The purpose of utilising the User’s data will be in the spirit of benefitting youth football as a whole, and the User themselves wherever possible.

5.2. FootSider will request data that is closely linked to Section 3.1 above, and will minimise excessive data collection.

5.3. The onus is on the User to ensure that their data is up to date and accurate via their inputs. From this, FootSider will ensure that information stored will be accurate and up to date too.

5.4. FootSider shall store the data on Users for a period of 10 years, however always subject to continuous valid and sufficient consent. This is to monitor progression over time, as well as to follow trends in youth football as a whole. If the User does not agree with this, they may request for their account to be deleted pursuant to the procedures set out in the Privacy Policy.

5.5. FootSider will take any reasonable steps to ensure that personal data is kept secure – against both external and internal threats.

5.6. The User Content provided by Users to the FootSider Service may be accessed directly by third party providers. This data will not be made anonymous, and may be hosted on a third party provider’s server.

5.7. For further information on FootSider’s collection, storing and processing of personal data please see our Privacy Policy at [FootSider.com/privacy].

6. Club/Partner Accounts

6.1. In order to use the FootSider Service, the applicable Club/Partner Representative must accept the Terms of Service on behalf of the Club/Partner. By accepting these Terms of Service, the Club/Partner Representative accepts such on behalf of the Club/Partner itself. Consequently, the Club/Partner is bound by the Terms of Service.

6.2. Upon agreeing to the Terms of Service, the Club/Partner shall be required to activate their community of influencers, players, coaches, and other entities and encourage them to join the FootSider Service.

6.3. Once the agreed upon community is present on FootSider, the Club/Partner will then receive various benefits from FootSider, including but not limited to an official Club/Partner page on the FootSider Service, data on the community’s performance, a personal account manager, co-hosting event opportunities, as well as access to FootSider’s scouting team and resources.

6.4. FootSider and the Club/Partner shall enter into a Club/Partner Agreement. In the event of any conflict or inconsistency between the terms and conditions of the Club/Partner Agreement and the Terms of Service, the terms of the Club/Partner Agreement shall take precedence inter partes and shall govern, modify, supplement, and supersede such inconsistent or conflicting provision(s).

7. Recognising Talent

7.1. By using the FootSider Service, the User agrees for their information to be shared with applicable Clubs and Partners in order to be profiled, sponsored, scouted, or to receive special offers or opportunities.

7.2. The User accepts that the FootSider Service is only able to highlight players or coaches on which FootSider has specific data. This means that the onus is on the User to ensure that their profile is up to date and correct.

7.3. The opportunities created in order to highlight talent are at FootSider’s complete discretion. FootSider may take into account the User’s data, social following, content, coach feedback, or any other measure in order to rate talent.

7.4. FootSider has developed its own algorithms to score talent. These algorithms may be adapted, and developed over time to ensure that this remains an accurate measure of talent.

8. User Generated Content

8.1. Users may post, save, upload and/or contribute (“post”) content to the FootSider Service, including videos, pictures, text and results (goals, assists, substitutions, cards or similar inputs).

8.2. Users retain all rights in, and are solely responsible for, the User Content posted on FootSider.

8.3. Upon posting User Content on the FootSider Service, FootSider is granted a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use any User Content posted on or in connection to FootSider Services.

8.4. This license is applicable throughout the User’s period of having a FootSider account, or until the User deletes the User Content. However, this does not take into account User Content that has been shared by others, including but not limited to other Users, Partners, Clubs, and FootSider.

8.5. FootSider and Partners or Clubs may retain and continue to use, store, display, reproduce, repost, modify, perform, and distribute any of your User Content that other Users have stored or shared through FootSider pursuant to Section 8.3 above. Furthermore, removed content may persist in backup copies for a reasonable period of time (but not available to others).

8.6. FootSider is not responsible for any User Content nor does it endorse any opinion contained in User Content. We reserve the right to remove and modify User Content for any reason including User Content that we believe violates these Terms of Service.

8.7. FootSider values feedback from Users, Clubs and Partners, and we are always interested in learning how to improve and make FootSider and FootSider Services better. If Users, Clubs or Partners submit comments, ideas or feedback, you understand that we are free to use them without any restriction or compensation. However, we are not obliged to use comments, ideas or feedback, just as you have no obligation to offer them.

8.8. You have sole responsibility for the accuracy, quality, integrity, legality, reliability, appropriateness, and intellectual property ownership or right to use any and all uploaded data that you submit. FootSider shall not be responsible or liable for the deletion, correction, destruction, damage, loss or failure to store any uploaded data. FootSider may try to restore lost data, however we do not make any warranty to recovering or restoring lost data.

8.9. There is no tolerance for objectionable content or abusive Users. If a User is found to act in this manner, their account will be suspended with immediate effect.

9. Intellectual Property Rights

9.1. All Intellectual Property Rights (as defined below) in or related to the FootSider Service and thereto related documentation and all parts and copies thereof shall remain exclusively vested with and be the sole and exclusive property of FootSider and/or its subcontractors/licensors. “Intellectual Property Rights” shall mean copyrights and related rights (including database and catalog rights and photography rights), patents, utility models, design rights, trademarks, trade names, trade secrets, know-how and any other form of registered or unregistered intellectual property rights.

9.2. These Terms of Service do not grant the User/Partner/Club any Intellectual Property Rights in the FootSider Service and all rights not expressly granted hereunder are reserved by FootSider and its subcontractors/licensors.

10. Additional Provisions for use of the FootSider Service

10.1. TheFootSider Service is only available to persons of the age of 13 years or older.

10.2 The User, Partner or Club shall observe all applicable rules and regulations when using the FootSider Service, including the creation or adaption of content.

10.3. We are constantly developing the FootSider Service and we may change or remove different parts of the FootSider Service, including features, the products and Partners/Clubs available in the FootSider Service in part or in whole.

10.4. By using the FootSider Service, the User, Partner or Club may encounter content or information that might be inaccurate, incomplete, delayed, misleading, illegal, offensive or otherwise harmful. FootSider does attempt to review any content provided by others. FootSider is not responsible for third parties’ (including the Partners, Clubs and Users) content or information or for any damages arising as a result of the use of or reliance on it.

10.5. Users, Partners and Clubs shall be responsible for obtaining and maintaining any devices or equipment (such as mobile phones, tablets, computers etc.) and connections needed for access to and use of the FootSider Service and all charges related thereto.

10.6. The User, Partner or Club must not:

           (i) use or attempt to use another person’s FootSider account and/or access another person’s performance data on the FootSider Service or use another person’s input data when using the FootSider Service, without consent of that other person or a duly setup Supporter account;

           (ii) copy, modify or create derivative works of the FootSider Service or any related technology;

          (iii) reverse engineer, decompile, disassemble, decipher or otherwise attempt to derive the source code for the FootSider Service or any related technology, or any part there of;

          (iv) remove any copyright, trademark or other proprietary rights notices contained in or on the FootSider Service;

          (v) remove, cover or obscure any advertisement included on the FootSider Service;

          (vi) collect, use, copy, or transfer any information obtained from the FootSider Service without the consent of FootSider;

          (vii) use bots or other automated methods to use the FootSider Service;

          (viii) create a FootSider account using a fake identity or an identity of another person; and

         (vii) access the FootSider Service except through the interfaces expressly provided by FootSider, such as the FootSider App and FootSider Website.

11. Term and termination

11.1. These Terms of Service (and any amendments thereof pursuant to Section 2 above) are in force as a binding agreement until further notice as long as the User, Partner or Club are using the FootSider Service or as otherwise stipulated in a Club/Partner Agreement, as the case may be.

11.2. The User, Partner or Club can discontinue the use of the FootSider Service at any time. FootSider can discontinue providing the FootSider Service permanently or temporarily at any time, however, always subject to terms and conditions in the Club/Partner Agreement, as the case may be.

12. Limitation of Liability and Force Majeure

12.1. Except to the extent required by applicable law and then only to that extent, in no event will FootSider, its employees, officers, directors, affiliates or agents (“FootSider Parties“) under no circumstances be liable to the User, Partner or Club for any indirect or incidental damages, including lost profits or revenue, lost sales or business, lost data, business interruption, emotional distress or similar, or for any direct damages as a result of third party agreements between Users, Partners and Clubs.

12.2. FootSider shall not be responsible or liable whatsoever in any manner for any User Content posted on the FootSider Services (including claims of infringement relating to content posted on the FootSider Services, for your use of the FootSider Services, or for the conduct of third parties whether on the FootSider Services, in connection with the FootSider Services or otherwise relating to the FootSider Services).

12.3. In case of force majeure, FootSider shall have the right to suspend delivery and/or cancel or reduce the content and compilation of the FootSider Service to be provided and shall not be liable in any way for loss, damage or expense arising directly or indirectly from this, or any other failure or delay in FootSider’s performance of the FootSider Service, to the extent that this has been caused by any circumstance beyond FootSider’s reasonable control, including, without limitation, acts of God; earthquakes; fires; floods; wars; civil or military disturbances; acts of terrorism; sabotage; strikes; epidemics/pandemics; riots; power failures; computer failure and any such circumstances beyond its reasonable control as may cause interruption, loss or malfunction of utility, transportation, computer (hardware or software) or telephone communication service; accidents; labour disputes; acts of civil or military authority; governmental actions; or inability to obtain labour, material, equipment or transportation; industrial disputes (whether or not involving employees of FootSider); or failure or delays by FootSider’s material subcontractors, suppliers or partners.

13. Disclaimer of Warranties

13.1. To the fullest extent permitted by the applicable law, FootSider offers the FootSider Services as-is and makes no representations or warranties of any kind concerning the FootSider Services, express, implied, statutory or otherwise, including, without limitation, warranties of title, merchantability, fitness for a particular purpose, or non-infringement.

13.2. FootSider does not warrant that the functions or content contained on the FootSider Services will be uninterrupted or error-free, that defects will be corrected, or that FootSider’s servers are free of viruses or other harmful components. FootSider does not warrant or make any representation regarding use or the result of use of the content in terms of accuracy, reliability, or otherwise.

14. Indemnification

14.1. You agree to indemnify and hold harmless the FootSider Parties (as defined above) from and against any and all loss, expenses, damages, and costs, including without limitation reasonable attorneys fees, resulting, whether directly or indirectly, arising out of your use of the FootSider Services, including but not limited to your violation of the Terms of Service. You also agree to indemnify and hold harmless the FootSider Parties from and against any and all claims brought by third parties arising out of your use of any of the FootSider Services and the content you make available via any of the FootSider Services by any means, including without limitation through a posting, a link, reference to content, or otherwise.

15. Miscellaneous

15.1. Please note that the FootSider Service may at any time be interrupted or permanently discontinued. The FootSider Service may also be temporarily suspended. Do not use the FootSider Service for backing up any data.

15.2. The Partner/Club is solely liable for any misuse of data on behalf of their members, based on their respective Partner/Club Agreement.

15.3. Any failure to exercise or delay by a party in exercising a right or remedy arising in connection with the Terms of Service or by law shall not constitute a waiver of such right or remedy or of any other rights or remedies.

15.4. Any invalidity or unenforceability of a provision shall not affect the validity or enforceability of any other provision of the Terms of Service.

16. Applicable Law and Dispute Resolution

16.1. These Terms of Service shall be governed by and shall be construed in accordance with the laws of Denmark. If you are a consumer domiciled in the EU, please note that you cannot be deprived of the rights granted to you by the mandatory consumer protection laws of your country of domicile. Disputes arising from these Terms of Service shall be resolved by the district court of Copenhagen. A consumer may always institute proceedings in the district court of its domicile. Parties may also use the ODR platform managed by the European Commission to settle their disputes. This platform can be found on http://ec.europa.eu/odr.

17. Assignment

17.1. FootSider shall be entitled to assign all or any of its rights or obligations hereunder in whole or part to an affiliate or successor or to a purchaser or acquirer of its business assets relating to FootSider Service without the Users, Partners or Clubs prior consent.

17.2. The Users, Partners or Clubs shall not be entitled to assign any of its rights or obligations hereunder in whole or part.

18. Translation

Our Terms of Service was originally written in English (US). We may translate it into other languages.

In the event of a conflict between a translated version of our Terms of Service and the English version, the English version will prevail.

That’s it! Thanks for reading.