End User License Agreement
Last revised on August 9, 2023
This End User License Agreement (“EULA”) is a binding legal agreement between you, as an individual or entity, and Sport Innovation Hub SL. By downloading, installing, or using this application for Android, iOS or other mobile platform, as applicable (the “Software”), you agree to be bound by the terms of this EULA. If you do not agree to this EULA, do not use the Software and delete it. You agree that installation or use of the Software signifies that you have read, understood, and agree to be bound by this EULA.
For clarification, any Sport Innovation Hub SL service (“Sport Innovation Hub SL Service”) accessed through the Software, or otherwise, is also subject to the Sport Innovation Hub SL. User Agreement, Privacy Policy and Cookie Policy. Additional terms may apply to specific features. The Software is provided to you under this EULA solely for your private, non-commercial use. Use of the Software or any Sport Innovation Hub SL Service within an organisation requires a commercial agreement for the applicable Sport Innovation Hub SL Service.
For both, European Union countries and for the rest of the world, you are entering into this contract with Sport Innovation Hub SL, and Sport Innovation Hub will be the controller of your personal data provided to, or collected by or for, or processed in connection with the Software or Sport Innovation Hub Service.
1. Description of Software
The Software is a downloadable software application that enables you to access Sport Innovation Hub functionality directly from your Android, iPhone, iPad or other mobile device supported by Sport Innovation Hub (“Device”). You may download the Software whether or not you use any of the Sport Innovation Hub Service, but you must associate it with your Sport Innovation Hub account to enable its full functionality.
2. License
Sport Innovation Hub hereby grants you, subject to the terms and conditions of this EULA, a non-exclusive, non-transferable personal license to:
- Use the Software for your own personal use;
- Install the Software on only one Device; and
- Make one copy of the Software in any machine readable form solely for back-up purposes, provided you reproduce the Software in its original form and with all proprietary notices on the back-up copy.
For clarity, the foregoing is not intended to prohibit you from installing and backing-up the Software for another Device on which you also agreed to the EULA. Each instance of this EULA that you agree to grants you the aforementioned rights in connection with the installation, use and back-up of one copy of the Software on one Device.
3. Title
Title, ownership and all rights (including without limitation intellectual property rights) in and to the Software shall remain with Sport Innovation Hub. Except for those rights expressly granted in this EULA, no other rights are granted, whether express or implied.
4. Restrictions
You understand and agree that you shall only use the Software in a manner that complies with any and all applicable laws in the jurisdictions in which you use the Software. Your use shall be in accordance with applicable restrictions concerning privacy and intellectual property rights.
You may not:
- Create derivative works based on the Software;
- Use the Software for any purpose other than as described herein;
- Copy or reproduce the Software except as described in this EULA;
- Sell, assign, license, disclose, distribute or otherwise transfer or make available the Software or any copies of the Software in any form to any third parties;
- Alter, translate, decompile, reverse assemble or reverse engineer the Software, or attempt to do any of the foregoing, except to the extent this prohibition is not permitted under an applicable law; or
- Remove or alter any proprietary notices or marks on the Software.
5. Personal Information and Privacy
Our handling of personal information we collect through the EUNIK Services or the Software is governed by the Sport Innovation Hub Privacy Policy.
6. No Warranty
Sport Innovation Hub DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SOFTWARE WILL MEET ANY REQUIREMENTS OR NEEDS YOU MAY HAVE, OR THAT THE SOFTWARE WILL OPERATE ERROR FREE, OR IN AN UNINTERRUPTED MANNER, OR THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED, OR THAT THE SOFTWARE IS FULLY COMPATIBLE WITH ANY PARTICULAR PLATFORM. THE SOFTWARE IS OFFERED ON AN “AS-IS” BASIS AND NO WARRANTY, EITHER EXPRESS OR IMPLIED, IS GIVEN. EUNIK EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. SOME JURISDICTIONS DO NOT ALLOW THE WAIVER OR EXCLUSION OF IMPLIED WARRANTIES SO THEY MAY NOT APPLY TO YOU.
7. Right to Terminate or Modify Software
Sport Innovation Hub may modify the Software and this EULA without notice. You may cease use of the Software at any time. Either party may terminate this EULA at any time, with or without notice.
8. U.S. Government Restricted Rights
By accepting delivery, the government agrees that the Software and accompanying documentation qualifies as “commercial” computer software within the meaning of the applicable acquisition regulations. The terms and conditions of this EULA govern the government’s use and disclosure of the Software and supersede any conflicting terms and conditions. If this EULA fails to meet the government’s needs or is inconsistent in any way with federal law, the government must return the Software, unused, to Sport Innovation Hub.
9. Open Source
The Software may contain or be provided together with open source software. Each item of open source software is subject to its own applicable license terms, which can be found at https://eunik.org and/or in the Software documentation or the applicable help, notices, about or source files. Copyrights to the open source software are held by the respective copyright holders indicated therein.
10. Indemnification
To the fullest extent permitted by law, you agree to indemnify and otherwise hold harmless EUNIK Corporation, its officers, employees, agents, subsidiaries, affiliates and other partners from any direct, indirect, incidental, special, consequential or exemplary damages arising out of, relating to, or resulting from your use of the Software or any other matter relating to the Software.
11. Limitation of Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT EUNIK SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF SPORT INNOVATION HUB HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). IN NO EVENT WILL EUNIK’S AGGREGATE LIABILITY TO YOU EXCEED THE AMOUNT OF LICENSING FEES PAID BY YOU TO EUNIK. THESE LIMITATIONS AND EXCLUSIONS WILL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OF DAMAGES AND/OR EXCLUSIONS OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
12. Export Restrictions
This EULA is expressly made subject to any laws, regulations, orders or other restrictions on the export of software from the European Union, and may be subject to export and import regulations of other countries. You acknowledge and agree not to import, export, re-export, transfer or use, directly or indirectly, the Software without compliance with such laws, regulations, orders or other restrictions.
13. General
If you live in the Designated Countries: a) you and Sport Innovation Hub agree that the laws of the Netherlands, excluding conflict of laws rules, shall exclusively govern any dispute relating to this EULA, the Software and/or Sport Innovation Hub Service; and b) you and Sport Innovation Hub agree that claims and disputes can be litigated only in, the Netherlands, and we each agree to personal jurisdiction of the courts located in Amersfoort, the Netherlands. For others outside of Designated Countries, including those who live outside of the European Union: a) you and Sport Innovation Hub agree that the laws of the Netherlands, excluding its conflict of laws rules, shall exclusively govern any dispute relating to this EULA, the Software and/or Sport Innovation Hub Service; and b) you and EUNIK both agree that all claims and disputes can be litigated only in the regional or national courts in Amersfoort, the Netherlands, and you and EUNIK each agree to personal jurisdiction in those courts. This EULA constitutes the entire agreement between you and Sport Innovation Hub regarding the Software. If any provision of this EULA is held by a court of competent jurisdiction to be contrary to law, such provision will be changed and interpreted so as to best accomplish the objectives of the original provision to the fullest extent allowed by law and the remaining provisions of this EULA will remain in full force and effect. You may not assign this EULA, and any assignment of this EULA by you will be null and void. Sport Innovation Hub, Sport Innovation Hub (stylised), the “in” logos, and other Sport Innovation Hub-owned logos and names are trademarks of Sport Innovation Hub and its affiliates. You agree not to display or use these trademarks in any manner without Sport Innovation Hub’s prior, written permission. The section titles and numbering of this EULA are displayed for convenience and have no legal effect.
Privacy Policy
Stichting European Network for Innovation and Knowledge Privacy Policy
This Privacy Policy describes how your personal information is collected, used, and shared when you visit or make a purchase from https://eunik.org (the “Site”).
Personal information we collect
When you visit the Site, we automatically collect certain information about your device, including information about your web browser, IP address, time zone, and some of the cookies that are installed on your device. Additionally, as you browse the Site, we collect information about the individual web pages or products that you view, what websites or search terms referred you to the Site, and information about how you interact with the Site. We refer to this automatically-collected information as “Device Information.”
We collect Device Information using the following technologies:
- “Cookies” are data files that are placed on your device or computer and often include an anonymous unique identifier. For more information about cookies, and how to disable cookies, visit http://www.allaboutcookies.org.
- “Log files” track actions occurring on the Site, and collect data including your IP address, browser type, Internet service provider, referring/exit pages, and date/time stamps.
- “Web beacons,” “tags,” and “pixels” are electronic files used to record information about how you browse the Site.
[[INSERT DESCRIPTIONS OF OTHER TYPES OF TRACKING TECHNOLOGIES USED]]Additionally when you make a purchase or attempt to make a purchase through the Site, we collect certain information from you, including your name, billing address, shipping address, payment information (including credit card numbers [[INSERT ANY OTHER PAYMENT TYPES ACCEPTED]]), email address, and phone number. We refer to this information as “Order Information.”When we talk about “Personal Information” in this Privacy Policy, we are talking both about Device Information and Order Information.
How do we use personal information?
We use the Order Information that we collect generally to fulfill any orders placed through the Site (including processing your payment information, arranging for shipping, and providing you with invoices and/or order confirmations). Additionally, we use this Order Information to:
Communicate with you;Screen our orders for potential risk or fraud; and
When in line with the preferences you have shared with us, provide you with information or advertising relating to our products or services.
Use of information
We use the Device Information that we collect to help us screen for potential risk and fraud (in particular, your IP address), and more generally to improve and optimize our Site (for example, by generating analytics about how our customers browse and interact with the Site, and to assess the success of our marketing and advertising campaigns).
We share your Personal Information with third parties to help us use your Personal Information, as described above. For example, we use Shopify to power our online store–you can read more about how Shopify uses your Personal Information here: https://www.shopify.com/legal/privacy. We also use Google Analytics to help us understand how our customers use the Site–you can read more about how Google uses your Personal Information here: https://www.google.com/intl/en/policies/privacy/. You can also opt-out of Google Analytics here: https://tools.google.com/dlpage/gaoptout.
Finally, we may also share your Personal Information to comply with applicable laws and regulations, to respond to a subpoena, search warrant or other lawful request for information we receive, or to otherwise protect our rights.[[INCLUDE IF USING REMARKETING OR TARGETED ADVERTISING]]
BEHAVIOURAL ADVERTISING
As described above, we use your Personal Information to provide you with targeted advertisements or marketing communications we believe may be of interest to you. For more information about how targeted advertising works, you can visit the Network Advertising Initiative’s (“NAI”) educational page at http://www.networkadvertising.org/understanding-online-advertising/how-does-it-work.
Do not track
Please note that we do not alter our Site’s data collection and use practices when we see a Do Not Track signal from your browser.
Your Rights
If you are a European resident, you have the right to access personal information we hold about you and to ask that your personal information be corrected, updated, or deleted. If you would like to exercise this right, please contact us through the contact information below.Additionally, if you are a European resident we note that we are processing your information in order to fulfill contracts we might have with you (for example if you make an order through the Site), or otherwise to pursue our legitimate business interests listed above. Additionally, please note that your information will be transferred outside of Europe, including to Canada and the United States.
Data Retention
When you place an order through the Site, we will maintain your Order Information for our records unless and until you ask us to delete this information.
Minors
The Site is not intended for individuals under the age of 18.
Changes
We may update this privacy policy from time to time in order to reflect, for example, changes to our practices or for other operational, legal or regulatory reasons.
For more information about our privacy practices, if you have questions, or if you would like to make a complaint, please contact us by e-mail at communication@sportinnovationhub.com or by mail using the details provided below:
The Sport Innovation Hub SL
Edificio Impulsa. Avenida Los Prados 166. CP:33203 Gijón (Spain).