The following provides an overview of our Terms and Conditions applicable to our Platform, encompassing any website, application, or service offered by us. It is imperative that you thoroughly read the complete Terms and Conditions, as that document, and not this overview, constitutes our legally binding agreement. The comprehensive Terms and Conditions details information about your legal rights, addressing crucial aspects such as limitations of liability, the resolution of disputes through mandatory arbitration rather than a court of law with a judge or jury, and the inclusion of a class action waiver. Familiarizing yourself with the complete Terms and Conditions is essential for a comprehensive understanding of the terms and conditions governing your use of our Platform. Last Updated: December 12, 2023
Within these Terms and Conditions, the subsequent terms are capitalized, whether in singular or plural form. The usage of these terms is meant to signify the following:
2.1 SportiveBuddy retains the ongoing authority to make modifications and/or additions to these Terms and Conditions. The most up-to-date iteration of the Terms and Conditions is accessible on the Website, Platform or will be brought to your attention during the course of using the Service. By persisting in the utilization of the Service subsequent to any alterations and/or additions to these Terms and Conditions, you are thereby expressing irrevocable acceptance of the amended or supplemented Terms and Conditions. In the event that you do not consent to the modified and/or supplemented Terms and Conditions, your singular recourse is to discontinue using the Service and proceed to remove your Profile.
2.2 While we dedicate considerable efforts to ensure the consistent availability and seamless operation of our Platform, it is important to note that absolute certainty in this regard cannot be guaranteed. Like any complex system, occasional unforeseen events or circumstances may disrupt the anticipated smooth operation. We sincerely apologize in advance for any inconvenience that may arise from such situations. Please rest assured that we are committed to promptly addressing and resolving any issues to enhance the overall reliability and user experience of our Platform.
2.3 Should you have any inquiries or encounter any misunderstandings pertaining to our terms and conditions or the functionality of our platform, we warmly invite you to contact us via email ([email protected]). Our dedicated support team is here to assist you and address any concerns you may have. We value transparency and are committed to providing comprehensive explanations and guidance to ensure that your experience on our platform is not only enjoyable but also fully aligned with your expectations. Your satisfaction and understanding are of utmost importance to us, and we appreciate the opportunity to assist you further.
3.1 The Service extends the capability for users to meticulously craft and publish a Profile, discernible solely by other duly registered users. The inherent purpose of this Service is to orchestrate the convergence of individuals for the purpose of engaging in sports activities through the Platform. The formulation of perceptions regarding the attributes and qualities of fellow users is facilitated through the perusal of Profiles, thereby serving as a fundamental component of the Service's functionality.
3.2 The Service encompasses the facilitation of access to a Database housing other members actively seeking a sports partner, allowing users to initiate contact for organizing sports engagements, sharing perspectives, and establishing personal objectives. Additional conditions governing the user's utilization of the Service may be stipulated on the Platform. These supplementary conditions pertain, among other aspects, to the procedures governing the creation and posting of Profiles.
5.1 SportiveBuddy explicitly disclaims any knowledge of or direct involvement in the Content provided by users. It operates solely as a platform for connecting individuals in search of sports partners and does not function as a mediation agency. The primary objective of the Service is to facilitate the unification of individuals with common sporting interests. Notably, SportiveBuddy abstains from conducting evaluations or assessments regarding the qualities and characteristics of its Users. It is imperative to acknowledge that SportiveBuddy assumes no responsibility for the quality and attributes of the Users utilizing the platform. As a result, the Platform absolves itself of liability for any damages that may arise from the placement of advertisements or the selection of candidates through the Service. The User is advised to exercise due diligence and discernment when engaging with others on the platform, as SportiveBuddy does not undertake controls or verifications related to the personal qualities and attributes of its user base
5.2 The onus is entirely upon you to make selections, engage in conversations, and establish arrangements in accordance with your own preferences and criteria. The process of selecting and deciding whether to maintain contact with a specific User or to schedule an appointment rests entirely within your control. SportiveBuddy explicitly refrains from any involvement in the interactions that transpire between Users in connection with the Service, including any resulting appointments or arrangements.
5.3 It is crucial to emphasize that SportiveBuddy does not intervene in the contact established between Users or in the subsequent appointments and arrangements that may ensue. If you encounter dissatisfaction or have a complaint concerning a specific User, you are encouraged to utilize the reporting and blocking mechanisms available through the Platform. This ensures that you can take appropriate actions to address concerns or issues that may arise during your interactions within the SportiveBuddy community. In the event of dissatisfaction or the occurrence of complaints regarding a User, SportiveBuddy is dedicated to taking the necessary actions to address and resolve the issue. This commitment is underlined by our commitment to maintaining a secure and positive user experience within the platform. Users are encouraged to report or block any concerns they may have through the designated mechanisms on the platform, empowering SportiveBuddy to initiate appropriate measures, including investigations or interventions, as deemed necessary to uphold the integrity and functionality of the Service. This proactive approach ensures that SportiveBuddy remains responsive to user feedback and can effectively address any challenges or concerns that may arise during the course of interactions within the SportiveBuddy community.
5.4 You are entirely accountable and legally liable for all your actions conducted with the assistance of the Platform and/or Service. This encompasses all decisions, interactions, or engagements within the SportiveBuddy platform, and you expressly acknowledge that SportiveBuddy disclaims any responsibility or legal liability arising from the outcomes of your actions. This acknowledgment emphasizes the need to exercise due diligence, discretion, and compliance with the prescribed guidelines while utilizing the features and functionalities of the Platform and/or Service.
5.5 The User is prohibited from:
5.6 By participating in the Service, you explicitly acknowledge and agree that the Profiles and/or other Content you choose to make available through the platform may be accessed and used by other Users. It is imperative to understand that SportiveBuddy does not exert influence or control over the extent to which other Users and/or third parties adhere to these Terms and Conditions. Consequently, SportiveBuddy cannot guarantee or regulate the actions of other Users or third parties with regard to the utilization of the content you provide within the Service. This acknowledgment underscores the importance of exercising discretion and ensuring that the information shared aligns with your preferences and objectives within the SportiveBuddy community.
7.1 Presently, SportiveBuddy does not provide any paid services. Nevertheless, it is anticipated that there may be the introduction of paid services in the future. In the event of such a development, comprehensive details will be communicated through announcements and will be explicitly incorporated into the updated Terms and Conditions. SportiveBuddy is committed to transparency, and your permission will be actively sought for acceptance of these revised terms related to any forthcoming paid services. It is advisable to stay informed and review the updated Terms and Conditions to ensure clarity and understanding regarding any changes to the service offerings.
8.1 The Intellectual Property Rights pertaining to the Service, encompassing, but not limited to, the Platform and the Database, along with the information disseminated through the Platform and Service—comprising texts, visual aesthetics, Profile templates, video, audio, and visual or photographic materials, excluding the Content— are the sole property of SportiveBuddy and/or its licensors.
8.2 In accordance with the terms and conditions outlined herein, SportiveBuddy grants you a limited, personal, revocable, non-exclusive, non-sub-licensable, and nontransferable right to access and utilize the Service. This encompassing right extends to the Database, the Content, and the Platform and is specifically designated for the purposes described within these Terms and Conditions. It is important to note that this right is subject to adherence to the specified conditions, and SportiveBuddy reserves the authority to revoke or modify this right as deemed necessary. This grant of access and usage is solely for your personal use and is not transferable or sublicensable to any third party.
8.3 As a general rule, you retain the Intellectual Property Rights related to the Content you post. However, it's essential to acknowledge and agree that by making Content available or uploading it, you automatically grant SportiveBuddy a free, worldwide, irrevocable, sub-licensable, and transferable license. This license empowers SportiveBuddy to publicly display, reproduce, and incorporate the Content into the Database. This grant is made within the context of providing and enhancing the Service. It's important to recognize that this license does not diminish your ownership of Intellectual Property Rights but is necessary for SportiveBuddy to facilitate the functionality and features of the Service.
8.4 By uploading or making Content available, you affirmatively guarantee to SportiveBuddy that you are the rightful and full rights holder concerning the said Content. Furthermore, you assert that you possess the complete entitlement and authority necessary to grant the license specified in this article to SportiveBuddy. This guarantee is essential in confirming that your contribution of Content to the Service is in compliance with intellectual property laws and regulations, and that SportiveBuddy can exercise the granted license without infringement on any third-party rights.
8.5 It is expressly prohibited to download, copy, modify, reverse engineer, publicly disclose, or utilize, for purposes other than those explicitly specified in these Terms and Conditions, any information made accessible through the Service or the Website. This prohibition stands unless SportiveBuddy or the pertinent rights holder has provided explicit consent or unless such use is mandated by Estonian legislation.
9.1 In the process of creating your Profile and engaging with the Service, you are required to provide (personal) data to SportiveBuddy. It is crucial to note that the processing of this (personal) data is conducted in strict accordance with SportiveBuddy's Privacy Policy and in compliance with the relevant legislation and regulations governing data protection and privacy. This commitment underscores SportiveBuddy's dedication to ensuring the confidentiality, security, and lawful processing of any information you share during your interaction with the platform. For a comprehensive understanding of how your data is handled, it is advisable to refer to SportiveBuddy's Privacy Policy, which outlines the specific practices and measures in place to safeguard your privacy rights.
10.1 You expect liability towards SportiveBuddy and undertake to fully indemnify SportiveBuddy against any damages and costs arising from a failure on your part to comply with the terms of the Agreement, any actions you take while utilizing the Service, or engagement in any unauthorized or unlawful activities. This commitment includes the responsibility to compensate SportiveBuddy for all costs incurred and damages suffered that are in any manner associated with the aforementioned claims. By accepting this obligation, you acknowledge the importance of mitigating any adverse consequences SportiveBuddy may face due to your actions or any breaches of the Agreement, thereby ensuring a compensation by you
10.2 You provide a guarantee to SportiveBuddy that the information supplied during the creation of your Profile and the posting of your Content is accurate, up-to-date, and complete. You acknowledge and comprehend the critical significance of the accuracy, timeliness, and completeness of the provided Content for the optimal functioning of the Service.
10.3 You offer an unequivocal guarantee to SportiveBuddy, affirming your entitlement to utilize the Service and your commitment to adhere to these Terms and Conditions. Additionally, you undertake the responsibility to indemnify SportiveBuddy against any third-party claims that may arise, contending that your utilization of the Service, including but not limited to the posting of Content, is conducted in an illegitimate manner. This guarantee serves to underscore your commitment to lawful and responsible use of the Service, while also providing SportiveBuddy with protection against potential legal claims arising from your actions within the Platform.
11.1 SportiveBuddy holds no liability for damages resulting from the provision of the Service, illegitimate actions, or any other causes, to the extent permissible under mandatory law. This disclaimer underscores the acknowledgment that certain legal provisions may limit the extent to which liability can be assumed in specific circumstances.
11.2 SportiveBuddy is not liable for any consequential damages, including but not limited to pure financial losses, loss of turnover and profit, loss of data, and immaterial damages, related to or resulting from the utilization of the Service.
11.3 The limitation to liability specified in this article does not come into effect in instances of SportiveBuddy's intentional wrongdoing or deliberate recklessness, including such actions by its management. This exception ensures that, in cases of deliberate and egregious conduct on the part of SportiveBuddy or its management, the limitation to liability does not apply, and full accountability is maintained.
11.4 A crucial condition for any entitlement to compensation for damage is the prompt reporting of the damage in writing to SportiveBuddy immediately after its occurrence. Additionally, it is noteworthy that any claim for compensation of damage against SportiveBuddy automatically lapses with the mere passage of 9 (nine) months from the point of the claim's origination. This stipulation emphasizes the importance of timely notification and establishes a time frame within which claims must be asserted, contributing to the efficiency and procedural clarity in addressing potential damages.
12.1 SportiveBuddy explicitly disclaims liability for any damages associated with the (illegitimate) use of the Platform. However, SportiveBuddy does acknowledge a commitment under the conditions outlined below. Upon receipt of a report, SportiveBuddy is obliged to take immediate action, which may involve the removal of unmistakably illegitimate material or the cessation of activities that are deemed indisputably illegitimate. This provision is designed to address instances of clear wrongdoing reported by users, ensuring a responsive approach to maintaining the integrity and legitimacy of the platform.
12.2 SportiveBuddy retains the right to withhold approval for a request to block material or terminate an activity if there are legitimate reasons to doubt the accuracy of the report or the legitimacy of the accompanying evidence, or if a careful consideration of interests necessitates such a decision. In such instances, SportiveBuddy may, for example, request a court ruling from a competent court in Estonia. This ruling should substantiate that the identified material or activity is unequivocally illegitimate. This approach ensures a thorough and legally sound evaluation before any decisive actions are taken.
12.3 SportiveBuddy is under no obligation to become a party or involve itself in any manner in a dispute between the individual reporting an issue and any third party. This position underscores SportiveBuddy's stance of non-involvement in disputes, emphasizing that resolution and proceedings between the reporting party and external entities fall outside the purview of SportiveBuddy's responsibilities or engagement.
12.4 The individual reporting assumes the responsibility of indemnifying SportiveBuddy against any claims by third parties related to the blocking or removal of material or the termination of activities. This indemnification extends to all damages and costs incurred or that SportiveBuddy may still incur in connection with such a claim. This includes, but is not limited to, the reimbursement of legal assistance costs. This safeguard underscores the individual reporting's commitment to absolve SportiveBuddy from any potential liabilities arising from the reported actions.
13.1 You maintain the prerogative to suspend your engagement with the Service at your own discretion, exercising the right to temporarily halt its utilization whenever you deem fit. Additionally, you are empowered to permanently remove your Profile from the Platform whenever you wish to conclude your participation in the Service. This autonomy allows you the flexibility to manage and control your presence on the platform in alignment with your preferences and needs.
13.2 Upon the conclusion of the agreement, regardless of the reason, your entitlement to utilize the Service is promptly terminated, resulting in immediate denial of access to the platform. Simultaneously, SportiveBuddy promptly removes your Profile from the platform upon termination for any cause. SportiveBuddy, as outlined in Intellectual Property Rights sections (see above), retains the right to utilize all Content. However, post-termination, SportiveBuddy commits to removing or anonymizing all Content upon your initial request. It is important to note that SportiveBuddy is not obligated to furnish or convert any Content for you following the termination of the agreement.
14.1 Estonian legislation is applicable to these Terms and Conditions and governs all aspects of the use of the Service and the Platform
14.2 All disputes that may arise between you and SportiveBuddy will be subjected to resolution by the competent court in the district of Tallinn, unless there are mandatory legal provisions directing that the dispute be brought before a different court. This agreement on jurisdiction underscores the parties' commitment to resolving disputes within a defined legal framework and ensures clarity on the venue for any potential legal proceedings.
14.3 SportiveBuddy retains the right to transfer the rights and obligations arising from these Terms and Conditions to third parties and will provide you with appropriate notification of such transfer. In the event that you find the transfer of obligations to a third party unacceptable, you have the option to discontinue your use of the Service and terminate your Profile. This provision ensures transparency and grants you the autonomy to make an informed decision regarding your continued engagement with the platform.
14.4 In the event that any part of these Terms and Conditions is deemed or becomes partially invalid, both you and SportiveBuddy shall continue to be bound by the remaining valid provisions. SportiveBuddy is obligated to replace the invalid portion with provisions that are valid, and the legal consequences of these substitute provisions, considering the essence and context of these Terms and Conditions, shall align as closely as possible with those of the invalid section. This provision is designed to ensure the ongoing applicability and coherence of the agreement, even if specific sections are invalidated.