Welcome to Sportkey Ltd. official website where you can find policies and terms governing your use of products and services provided by Sportkey Ltd., its subsidiaries and affiliates (collectively as “Sportkey”, “we”, “us” and “our”). Following text together with the documents referred thereto tells you the terms on which you make use of our App, Website and services.
These Terms of Use constitute a legal agreement between you as a user of our products (App, Website and other services) and us. It applies when a user accesses, downloads or uses our App available for download in the Google Play Store, Apple App store and other third-party app stores, or preinstalled on third-party devices, and/or the services provided through our website (the Website) and the App or when a user accesses our Website. In these Terms of Use, the term “Service” shall mean and include the Website, the App and these services, individually or collectively.
We prepared these Terms of Use to help explain the terms to apply to your use of the Service.
Please read these Terms of Use carefully before you start downloading our App or otherwise using our Service. By downloading the App or otherwise using the Service, you accept these Terms of Use and therefore you agree to be bound by these Terms of Use. If you do not agree with these Terms of Use, please refrain from using our Service, and uninstall the App if you have already downloaded it.
We care about your privacy. Our Privacy Policy describes out information practices, including the types of information we receive and collect from you, how we use and share information, and your rights in relation to the processing of information about you. Our Privacy Policy sets out the legal basis for our processing of personal information about you, including the collection, use, processing, and sharing of such information, as well as the transfer of such information. Our Privacy Policy, which is located within the Service, is part of and is governed by these Terms of Use. By agreeing to these Terms of Use, you also agree to be bound by the provisions of the Privacy Policy and agree that we may use information collected from you strictly in accordance with its terms.
Please refer to our Privacy Policy for information on how we collect, use and process information from our users.
Due to publishing additional content in our Service, the changes of applicable laws and due to other reasons, we may modify and reissue these Terms of Use from time to time, by posting updated Terms of Use. We reserve the right to make material changes in accordance with applicable laws without prior notice to you, however, you will be notified of all relevant changes on this Website and/or in the App.
Some of the provisions contained in these Terms of Use may also be superseded by provisions or notices published on this Website and/or in the App. If you do not agree with the proposed changes, you should discontinue your use of the Website or our other services. If you continue using the Website or our other services after the new terms take effect, you will be bound by the modified Terms of Use.
When you use the Service, you represent that:
The information you give us to use the Service must be correct. To access our Service or some of the features we offer, you will be asked to provide us with true and complete registration details, and also year of your birth. Please note that in case you are not of sufficient age - at least 16 years old or at least 13 years old if COPPA (Children’s Online Privacy Protection Act) applies to you - some features in our Service will be unavailable to you. For example, you will not be able to participate in contests, prize draws, sweepstakes or in other promotional activities. For more information regarding collection and processing of personal data of underaged users, please refer to our Privacy Policy.
If we believe the information you provide us is not correct, current or complete, we have the right to prevent you from accessing our Service or any of its resources and to terminate or suspend your account.
Some features of our App could affect other programs, apps, and functions on your device, including but not limited to removal/uninstallation of other apps, and the deletion of content from your device.
By installing the product, you understand and agree to assume all risks associated with installation and use of this App.
All editorial content, information, graphic materials, and names, logos, works of authorship of any kind and trademarks on the Service are protected by copyright (intellectual property) laws and/or other laws and/or international treaties, and belong to us and/or our partners and/or other persons that we are in a contractual relationship with, as the case may be. Furthermore, you agree not to remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Service or content. Other product and company names mentioned herein may also be the trademarks of their respective owners.
We reserve all rights in and to the Service. Our status as the authors of material on the Service and as the sole holder of intellectual property rights must always be acknowledged. Your right to make use of our Service and any material or other content appearing on it is subject to your compliance with these Terms of Use.
You may not access and display material and all other content displayed in our Service for any purpose other than your own personal and noncommercial use on any computer, tablet, smart watch, or mobile device you own or control without obtaining a license to do so from us or our licensors in writing.
The material and any other content on our Service may not be copied, reproduced, retransmitted, distributed, disseminated, sold, published, broadcasted or circulated whether in whole or in part, unless expressly permitted by us and/or our suppliers and/or other persons that we are in a contractual relationship with. Also decompiling, reverse engineering, disassembling, or otherwise reducing the code used in any software on our App into a readable form in order to examine the construction of such software and/or to copy or create other products based (in whole or in part) on such software, is prohibited. You may not rent, lease, lend, sell, redistribute or sublicense the material/any other content and/or the App. Such prohibited use violates these Terms of Use and may be a violation of the Copyrights and/or Trademarks protected by law. If you download or make a copy of the App for your own personal use, you must retain all trademarks, copyright and other proprietary notices contained in and on the App.
We will not hesitate to take legal action against any unauthorized usage of our trademarks, name or symbols to preserve and protect our rights in the matter. All rights not expressly granted here are reserved.
The content created by you within our Service (“user-generated content” or “user-created content”) is your ownership and we do not claim any ownership rights of your content. Even though we do not claim ownership of your content, we do need certain licenses to your content in order to operate and enable the Service, therefore with accepting these Terms of Use you agree that this content will be considered non-confidential and you allow and grant us the worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty free right to use, copy, distribute and disclose to third parties any such material for the use within our Service and/or our business. You hereby grant us an unrestricted non-exclusive license to do so and you hereby waive all moral rights in the user created content. You also agree that this license includes without any payment to you the right for us to provide, promote, and improve our Service and to make user-generated content submitted to or through our Service or services available to other companies, organizations or in-dividuals with whom we broadcast, distribute or publish to on other media and services subject to these Terms of Use.
Because we want to protect you and other users and make sure your experience is enjoyable, we reserve the right (but we do not commit) to remove or refuse to distribute any user content on the Service, to suspend or terminate users, and to block participants at any time without liability to us, including where such user content, in our sole discretion, violates these Terms of Use or any additional terms, or that we otherwise find objectionable. The App also enables users to report those users who breached these terms, post/share inappropriate content or otherwise violate terms and policies of our Service.
If you create a user account by selecting a password and providing your email and year of birth, you are responsible for maintaining the confidentiality of your account and password (if any), for restricting access to your mobile device and for all activities that occur under your user account. You agree to notify us immediately of any unauthorized use of your user account or any breach of security with respect to your user account including your password. We – Sportkey Ltd. will not be liable for any loss that you may incur as a result of someone else using your user account, either with or without your knowledge. In addition, you may be held liable for any losses incurred by us or another party due to someone else using your user account. We shall be entitled to monitor your user account and password and, at our discretion, require you to change your password. If you use a username and password that we consider insecure, we will be entitled to require this to be changed and/or terminate your user account.
We have taken all reasonable steps to ensure that material made available to you in our Service has been cleared for use. If you believe that there is material in our Service which you have certain intellectual property rights in and to which you have not granted permission to be used, then you should notify us in accordance with this clause.
A notice of alleged copyright infringement should be sent to us by email to support@sportkey.app.
Your notification of claimed copyright infringement must be addressed to us and you should include the following information:
We respect the intellectual property rights of others and will respond to clear notices of alleged infringement. You acknowledge that if you fail to comply with all of the requirements of this section, your notice may not be valid.
We grant each user a nonexclusive, nontransferable, revocable, worldwide and limited license to use the object code version of the App for noncommercial purposes.
Each user is allowed to make a single copy of the App strictly for his/her archival and backup purposes. Furthermore, the user must retain all trademarks, copyright and other proprietary notices contained in and on the App.
USERS MAY NOT RENT, LEASE, SUBLICENSE, SELL OR OTHERWISE TRANSFER THE APP TO ANY THIRD PARTY OR ALLOW IT TO BE ACCESSED BY OR COPIED ONTO ANOTHER PERSON’S DEVICE AND ARE PROHIBITED FROM REVERSE ENGINEERING, DECOMPILING OR DISASSEMBLING THE APP OR ATTEMPTING TO GAIN ACCESS TO THE SOURCE CODE OF THE APP EXCEPT AND ONLY TO THE EXTENT THAT IT IS EXPRESSLY PERMITTED BY APPLICABLE LAW (PLEASE SEE ALSO “INTELLECTUAL PROPERTY RIGHTS” SECTION). TO THE EXTENT APPLICABLE LAW PERMITS CONTRACTUAL WAIVER OF SUCH RIGHT, YOU HEREBY WAIVE YOUR RIGHTS TO DO SO.
YOUR RIGHTS UNDER THESE TERMS OF USE WILL AUTOMATICALLY TERMINATE IF YOU BREACH ANY OF YOUR MATERIAL OBLIGATIONS UNDER THESE TERMS OF USE (PLEASE SEE ALSO “SUSPENSION AND TERMINATION” SECTION).
Promptly after such any termination of this Terms, you will destroy all copies of the App and uninstall the App from your device.
All rights not expressly granted are reserved.
THE SERVICE, THE INFORMATION ON THE SERVICE AND USE OF ALL RELATED FACILITIES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY WARRANTIES WHETHER EXPRESS OR IMPLIED.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE DISCLAIM ALL REPRESENTATIONS AND WARRANTIES RELATING TO THE SERVICE AND ITS CONTENTS, INCLUDING IN RELATION TO ANY INACCURACIES OR OMISSIONS IN THE SERVICE, WARRANTIES OF MERCHANTABILITY, QUALITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, AVAILABILITY, NONINFRINGEMENT OR IMPLIED WARRANTIES FROM COURSE OF DELAYING OR USAGE OF TRADE.
WE DO NOT WARRANT THAT THE SERVICE WILL ALWAYS BE ACCESSIBLE, UNINTERRUPTED, TIMELY, SECURE, ERROR FREE OR FREE FROM COMPUTER VIRUS OR OTHER INVASIVE OR DAMAGING CODE OR THAT THE SERVICE WILL NOT BE AFFECTED BY ANY ACTS OF GOD OR OTHER FORCE MAJEURE EVENTS, INCLUDING INABILITY TO OBTAIN OR SHORTAGE OF NECESSARY MATERIALS, EQUIPMENT FACILITIES, POWER OF TELECOMMUNICATIONS, LACK OF TELECOMMUNICATIONS EQUIPMENT OR FACILITIES AND FAILURE OF INFORMATION TECHNOLOGY OR TELECOMMUNICATIONS EQUIPMENT OR FACILITIES.
WHILE WE MAY USE REASONABLE EFFORTS TO INCLUDE ACCURATE AND UP-TO-DATE INFORMATION ON THE SERVICE, WE MAKE NO WARRANTIES OR REPRESENTATIONS AS TO ITS ACCURACY, TIMELINESS OR COMPLETENESS.
WE SHALL NOT BE LIABLE FOR ANY ACTS OR OMISSIONS OF ANY THIRD PARTIES HOW-SOEVER CAUSED, AND FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, HOWSOEVER CAUSED, RESULTING FROM OR IN CONNECTION WITH THE APP AND/OR WEBSITE AND THE SERVICES OFFERED IN THE APP AND/OR WEBSITE, YOUR ACCESS TO, USE OF OR INABILITY TO USE THE APP AND/OR WEBSITE OR THE SERVICES OFFERED IN THE APP AND/OR WEBSITE, RELIANCE ON OR DOWNLOADING FROM THE SERVICE, OR ANY DELAYS, DISRUPTIONS, IMPERFECTIONS, INACCURACIES IN THE INFORMATION OR IN ITS TRANSMISSION INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF BUSINESS OR PROFITS, USE, DATA OR OTHER INTANGIBLE ASSETS, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
WE SHALL NOT BE LIABLE IN CONTRACT, TORT (INCLUDING NEGLIGENCE OR BREACH OF STATUTORY DUTY) OR OTHERWISE HOWSOEVER AND WHATEVER THE CAUSE THEREOF, FOR ANY INDIRECT, CONSEQUENTIAL, COLLATERAL, SPECIAL OR INCIDENTAL LOSS OR DAMAGE SUFFERED OR INCURRED BY YOU IN CONNECTION WITH THE SERVICE AND THESE TERMS OF USE. FOR THE PURPOSES OF THESE TERMS OF USE, INDIRECT OR CONSEQUENTIAL LOSS OR DAMAGE INCLUDES, WITHOUT LIMITATION, LOSS OF REVENUE, PROFITS, ANTICIPATED SAVINGS OR BUSINESS, LOSS OF DATA OR GOODWILL, LOSS OF USE OR VALUE OF ANY EQUIPMENT INCLUDING SOFTWARE, CLAIMS OF THIRD PARTIES, AND ALL ASSOCIATED AND INCIDENTAL COSTS AND EXPENSES.
THE ABOVEMENTIONED EXCLUSIONS AND LIMITATIONS APPLY ONLY TO THE EXTENT PERMITTED BY LAW. NONE OF YOUR STATUTORY RIGHTS AS A CONSUMER THAT CANNOT BE EXCLUDED OR LIMITED ARE AFFECTED.
NOTWITHSTANDING OUR EFFORTS TO ENSURE THAT OUR SYSTEM IS SECURE, YOU ACKNOWLEDGE THAT ALL ELECTRONIC DATA TRANSFERS ARE POTENTIALLY SUSCEPTIBLE TO INTERCEPTION BY OTHERS. WE CANNOT, AND DO NOT, WARRANT THAT DATA TRANSFERS PURSUANT TO THE SERVICE, OR ELECTRONIC MAIL TRANSMITTED TO AND FROM US, WILL NOT BE MONITORED AND READ BY OTHERS.
We reserve the right, but do not undertake the obligation to: (a) monitor or review the Service for violations of these Terms of Use and for compliance with our policies; (b) manage the Service in a manner designed to protect our and third parties’ rights and property or to facilitate the proper functioning of the Service; (c) to terminate or disable you and other users for violating these Terms of Use or terms of our other policies and take other actions described below.
You must access, download and use our Service only for legal, authorized and acceptable purposes. We will determine, in our sole discretion, whether there has been a breach of these Terms of Use and acceptable use policy through your (or persons’ that we believe to be connected in whatever manner to you) use of our Service. When a breach of this policy has occurred, we may take such action as we deem appropriate. Failure to comply with any part of these Terms of Use and policy rules may result in our taking all or any of the following actions:
We exclude liability for actions taken in response to breaches of these Terms of Use. The responses described above are not limited, and we may take any other action we reasonably deem appropriate.
We may also change or discontinue all or any part of the Service at any time and without notice, at our sole discretion.
Although we hope you remain a user of our Service, you can terminate your relationship with us anytime for any reason by deleting your account and removal of the App from your mobile device.
The Service can be accessed from all countries around the world where the local technology permits, but we make no representation that our Service is available for use or permitted by law in any particular location. To the extent you choose to access our Service, you do so at your own initiative and are responsible for compliance with any applicable laws, including but not limited to applicable local laws (Please see also “Affirmative representations and Information you give us” Section).
These Terms of Use are between you and us – the Sportkey Ltd. and not with the third-party app store. You agree to comply with, and your license to use the App and/or other services is conditioned upon your compliance with the applicable third-party app store’s terms and conditions. To the extent that other terms and conditions of the third-party app store are less restrictive than, or otherwise conflict with these Terms of Use, the more restrictive term will apply.
Where the Service contains external links to other websites and resources operated and provided by third parties, these links are provided for your information only. For example, you can access third-party websites, Facebook, Instagram, Twitter, Snapchat, TikTok, YouTube or other social networking services through links (collectively as “social networking services”) on the Service, and you may be able to share information with third-party sites and/or social networking services through the links on the Service. Please note that we do not own or operate or control the third-party sites/social networking services, and we have not reviewed, and cannot review, all of the material, including goods or services, made available through third-party sites/social networking services. We assume no responsibility regarding third-party’s content presented to you as a user through our Service.
The availability of these links on the Service does not represent, warrant or imply that we endorse any third-party sites/social networking services or any materials, opinions, goods, goods or services available on them. Third-party materials accessed through or used by means of the third-party sites/social networking services may also be protected by copyright and other intellectual property laws.
These Terms of Use do not apply to third-party sites/social networking services. Before visiting a third-party site/social networking services through links or other means provided on or through our Service, you should review the third-party site's/social networking services’ terms and conditions and privacy policy, and inform yourself of the rules, policies and guidelines of these third-party sites/social networking services. Some of our Service also enable you to “Sign in” with Google Account, Facebook account or other social networking service account, and by such signing in we can obtain some personal data you gave to those third parties when starting to use their service, so we encourage you to review our Privacy Policy prior to start using our Service.
Although our App is free to download, it may offer in-app purchases of new app functionalities, contents etc., and subscriptions (together as “In-App Purchases”).
Please note that In-App Purchases are made through third parties (Google Play Store and Apple App Store) that are behind billing, processing and charging for the In-App Purchases and are therefore governed by their terms and conditions and privacy policies:
You acknowledge and agree that you are fully responsible for managing your In-App Purchases and the amount you spend on In-App Purchases. You are able to switch off and/or manage In-App Purchases in your device's settings. For more information about how to manage In-App Purchases please check the app store provider's terms and its other policies.
By completing an In-App Purchase, you confirm to us that you have any and all permissions that may be necessary in order to allow you to make that In-App Purchase.
All purchases are final and can only be consumed within the App. If you make an In-App Purchase, it cannot be cancelled after you have initiated its download. In-App Purchase can also not be redeemed for cash or other consideration or otherwise transferred. You hereby acknowledge and agree that we are not required to provide a refund for any reason, and that you will not receive money or other compensation for unused items and/or subscriptions when your account is closed, whether such closure was voluntary or involuntary, unless otherwise required by applicable law. You should also be aware that deleting/uninstalling the App from your device does not always result in the cancellation of your subscription.
If you have any payment related issues with In-App Purchases, then you need to contact the app store provider directly.
For more information regarding processing of personal information for purposes of In-App Purchases, please check our Privacy Policy.
We offer our users of the App to participate in various raffles, sweepstakes and other promotional competitions which are governed by special Raffles Terms and Conditions. When you choose to enter and participate in such raffles, you fully agree and accept these Terms of Use, Raffles Terms and Conditions and Privacy Policy, which can be found within the App and on our website sportkey.app. In addition to previous policies, certain raffles may also have their own specific terms such as the details of how to enter, opening and closing dates, sort of prize you may win, etc. Any such specific terms are available within the App or within the specific raffle for which those specific terms apply.
You agree to indemnify and keep us (and our officers, directors, employees and agents) indemnified against any claim, action, suit or proceeding brought or threatened to be brought against us which is caused by or arising out of (a) your use of the Service, (b) any other party’s use of the Service using your user ID or any other identification data, (c) your “user-generated” content, (d) your breach of any of these Terms of Use and (e) your violation of any right of a third party, and to pay us damages, losses and expenses of any kind, without limitation, reasonable legal and accounting fees and costs in connection with such claim, action, suit or proceeding.
The waiver or failure of either party to exercise in any respect any right or provision of these Terms of Use will not be deemed a waiver of the applicable right or provision.
Our failure to enforce any right or provision of these Terms of Use will not be considered a waiver of those rights. The waiver of any such right or provision will be effective only if in writing and signed by an authorized representative of Sportkey Ltd.. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise.
You must not assign and/or transfer any of your rights or obligations under these Terms of Use to anyone else without our prior written consent. Any attempt by you to assign or transfer these Terms (rights or obligations under these Terms) without such consent will be null and of no effect.
These Terms of Use or any of the rights or obligations hereunder and any causes of action arising hereunder are freely assignable by us to any of our affiliates or in connection with a merger, acquisition, restructuring, or sale of assets, or by operation of law and otherwise. We hope you will continue to use our Service, but if you do not agree to such an assignment, you must stop using our services by deleting your account.
Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.
These Terms of Use constitute the entire agreement between you and us, in relation to those matters set out herein, and supersedes and replaces all previous and contemporaneous written and oral understandings and agreements, representations, proposals, negotiations and communications.
We reserve the right to designate in the future that certain of our services are governed by separate terms (where, as applicable, you may separately consent).
These Terms of Use will remain in effect until terminated or otherwise revoked solely and exclusively by us. We may immediately terminate these Terms of Use, or cancel in whole or in part, content or Service, for any reason at any time and we are not required to provide you notice prior to terminating your access to or use of our content or Service.
We are available by email at the address provided in the “How to Contact us” Section to address any concerns you as a user may have regarding the Service. Most concerns may be quickly resolved in this manner. For any dispute you have with us, you agree to first contact us and attempt to resolve the dispute with us informally. We each agree to resolve any dispute arising out of or in connection with, or relating to these Terms of Use directly through consultation and good faith negotiations, which shall be a precondition to either party initiating a lawsuit or arbitration.
In case we do not reach an agreed upon solution within a period of thirty (30) days from the time informal dispute resolution is pursued pursuant to previous paragraph, then either party may bring the case to court in the Republic of Slovenia. In such case any action related thereto will be governed, construed and enforced in accordance with the laws of the Republic of Slovenia.
We will not be responsible for any failure to perform our obligations under these Terms of Use due to circumstances beyond our reasonable control including, without limitation, acts of God, war, riot, terrorism, embargoes, acts of civil or military authorities, fire, flood, epidemic or other natural disasters.
Nothing in these Terms of Use shall be deemed to create an agency, partnership, joint venture, employer-employee or franchisor-franchisee relationship of any kind between us and any user.
These Terms of Use will operate to the fullest extent permissible by law. In the event that any term or provision is found to be illegal, invalid, void or unenforceable, in whole or part, under any enactment or rule of law, such term or provision or part shall to that extent be deemed not to form part of these Terms of Use but the legality, validity and enforceability of the remainder of these Terms of Use shall not be affected.
This Service is controlled and operated by us – Sportkey Ltd., incorporated under the laws of the Republic of Slovenia and registered with Slovenian Business Register and Court Register with ID number 8420971000.
Please forward any questions or comments regarding these Terms of Use to support@sportkey.app.