Football CEO End User Licence Agreement

Football CEO (the “App”) is provided by Adrenaline Sports Solutions Ltd (“Adrenaline”, “we”, “us”, “our”). Adrenaline is a subsidiary of Vi-Ability Educational Programme (“Vi-Ability”). This end-user licence agreement (EULA) is a legal agreement solely between you (End-user or you) and Adrenaline.

PLEASE READ THIS EULA CAREFULLY BEFORE DOWNLOADING THE APP. BY DOWNLOADING THE APP YOU ACCEPT AND AGREE TO BE BOUND BY THE TERMS OF THIS EULA, AND THE PRIVACY POLICY. THE TERMS OF THE PRIVACY POLICY IS HEREBY INCORPORATED BY REFERENCE INTO THIS EULA.

Adrenaline is a private company registered in England and Wales with registered address of Gamlins, 3 Chestnut Court, Ffordd Y Parc, Parc Menai, Bangor, Gwynedd, LL57 4FH. You can contact us at: info@footballceo.org

Vi-Ability is a private company registered in England and Wales at the same registered address as Adrenaline. Vi-Ability is a social enterprise, see the Vi-Ability website for further information.

We reserve the right to change this EULA from time to time for any regulatory, security, legal or other reason. Your continued use of the App will constitute your acceptance of any new or amended terms once posted.

We license use of the App to you on the basis of this EULA and subject to the terms and conditions set out in (or policies applied by) the app store (Appstore) of the operating system from which you download the App (Appstore Rules). We remain the owners of the App at all times.

EU customers: You hereby consent to immediate performance of the contract and acknowledge that you will lose my right of withdrawal from this EULA once the download of the App has begun.

The terms of this EULA apply to the App and any User Content (as defined below), including any updates to the App unless they come with separate terms, in which case those terms apply. We may change these terms at any time. You may be required to read and accept them to continue your use of the App.

You should print a copy of this EULA for future reference.

AGREED TERMS

  1. PRIVACY
    1. Adrenaline is the data controller for the purpose of the Data Protection Act 1998.
    2. By proceeding to use the App you consent that we may process personal information about you that we collect directly from you, or indirectly from an Appstore (where we are permitted to do so by the relevant Appstore Rules), in accordance with our Privacy Policy the terms of which are incorporated into this EULA by reference.
    3. In particular, we may use information we hold about you or your device for the purposes of improving the App and for internal data analysis and statistical purposes.
    4. If you are using the free version of the App, you consent to Unity Technologies Finland Oy (“Unity Ads”), our advertising service partner, passively collecting and using technical information about your device and your interactions with advertisements placed in the App
    5. Unity Ads, including for the purposes of serving advertisements to you and for providing the Unity Ads service. These advertisements help support the work of Vi-Ability. More information relating to the Unity Ads service is available in our Privacy Policy.
    6. The data that we or Unity Ads collect from you may be transferred to, and stored or processed at, a destination outside the European Economic Area (“EEA”). By submitting your personal data, you agree to this transfer, storing or processing.
    7. Please address any questions, comments and requests regarding our data processing practices to: info@footballceo.org
    8. By using the App, you consent to us collecting and using technical information about your device to improve our products and to provide any services to you.
    9. By downloading and installing the App, you confirm that you are either over 16 years of age, or if you are under 16 years old, that you are 13 years of age or older and you have obtained your parent or guardian’s consent to download, install and use the App.
    10. Additionally, by using the App you acknowledge and agree that communications over the internet are never completely private or secure. You understand that any message or information you send using the App may be read or intercepted by others, even if there is a special notice that a particular transmission is encrypted.

  2. GRANT AND SCOPE OF LICENCE
    1. In consideration of you agreeing to abide by the terms of this EULA, we grant you a non-transferable, non-exclusive licence to view, use and display the App for your own personal use only on a device that you own or control, subject to the terms and conditions of this EULA, the Privacy Policy and the Appstore Rules. We reserve all other rights.

  3. LICENCE RESTRICTIONS
    1. Except as expressly set out in this EULA or as permitted by any local law, you agree:
      1. not to copy the App except where such copying is incidental to normal use of the App, or where it is necessary for the purpose of back-up or operational security;
      2. not to rent, lease, sub-license, loan, translate, merge, adapt, vary or modify the App;
      3. not to make alterations to, or modifications of, the whole or any part of the App, or permit the App or any part of it to be combined with, or become incorporated in, any other programs;
      4. not to disassemble, decompile, reverse-engineer or create derivative works based on the whole or any part of the App or attempt to do any such thing except to the extent that such actions cannot be prohibited because they are essential for the purpose of achieving inter-operability of the App with another software program, and provided that the information obtained by you during such activities:
        1. is used only for the purpose of achieving inter-operability of the App with another software program;
        2. is not unnecessarily disclosed or communicated without our prior written consent to any third party; and
        3. is not used to create any software that is substantially similar to the App;
      5. not to provide or otherwise make available the App in whole or in part (including object and source code), in any form to any person without prior written consent from us; and
      6. to comply with all technology control or export laws and regulations that apply to the technology used or supported by the App (Technology), together “Licence Restrictions”.

  4. ACCEPTABLE USE RESTRICTIONS
    1. You must:
      1. not use the App in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with this EULA, or act fraudulently or maliciously, for example, by hacking into or inserting malicious code, including viruses, or harmful data, into the App or any service used to make the App available to you;
      2. not infringe our intellectual property rights or those of any third party in relation to your use of the App including the submission of any User Content (to the extent that such use is not licensed by this EULA);
      3. not transmit any material that is defamatory, offensive or otherwise objectionable in relation to your use of the App;
      4. not use the App in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other users; and together “Acceptable Use Restrictions”.

  5. INTELLECTUAL PROPERTY RIGHTS
    1. You acknowledge that, unless expressly stated otherwise in this EULA, all intellectual property rights in the App and the content on the App, belong to us or our licensors, that rights in the App are licensed (not sold) to you, and that you have no rights in, or to, the App other than the right to use it in accordance with the terms of this EULA.
    2. You hereby grant Adrenaline a perpetual, irrevocable, worldwide, non-exclusive, sub-licensable, licence to copy, edit, distribute, modify and use any material, content, information or data created by you using the App (“User Content”) for all purposes relating to the App and the activities of Adrenaline and Vi-Ability associated with the App, and you waive all moral rights you may have in any such User Content.
    3. Notwithstanding the foregoing, Adrenaline does not claim or assert any intellectual property right in, or make any claim to have any association with the subject of, any User Content that copies the names of, or otherwise refers to, real people, sporting clubs or competitions, teams, places or companies. Any such content, information or data may be protected by rights owned by third parties.
    4. Adrenaline may access, review or delete any User Content, and stop your ability to submit further User Data to the App, at any time.
    5. A third party who believes that any User Content available on the App infringes their intellectual property rights, may email us with details of the User Content in question at: info@footballceo.org.
    6. You acknowledge that you have no right to have access to the App in source-code form.
    7. If any open-source software is included in the App, the terms of an open-source licence may override some of the terms of this EULA.

  6. LIMITATION OF LIABILITY
    1. You acknowledge that the App has not been developed to meet your individual requirements, and that it is therefore your responsibility to ensure that the facilities and functions of the App meet your requirements.
    2. You expressly acknowledge and agree that use of the App is at your sole risk. To the maximum extent permitted by applicable law, this App is provided on an ‘as is’, ‘as available’ basis without warranty or condition of any kind whether express or implied. We further disclaim any warranties that the App is free of viruses or other harmful components. Nothing in this EULA shall act to limit your statutory consumer rights.
    3. We only supply the App for domestic and private use. You agree not to use the App for any commercial, business or resale purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
    4. We are only responsible for any liability for loss or damage you suffer that is a foreseeable result of our breach of this EULA or our negligence, up to the limit specified in clause 6.5 below, and we exclude all other liability for loss and damage howsoever caused.
    5. Our maximum aggregate liability for loss or damage under or in connection with this EULA and whether in contract, tort (including negligence) or otherwise, shall in all circumstances be limited to £10. This does not apply to the types of loss set out in clause 6.6 below.
    6. Nothing in this EULA shall limit or exclude our liability for:
      1. death or personal injury resulting from our negligence;
      2. fraud or fraudulent misrepresentation; and
      3. any other liability that cannot be excluded or limited by English law.

  7. TERMINATION
    1. We may modify the App or permanently terminate or temporarily suspend your access to all or any part of the App without notice and liability for any reason. Upon termination of these App Terms, you shall cease all use of the App, and destroy all copies, full or partial, of the App.

  8. OTHER IMPORTANT TERMS
    1. We may transfer our rights and obligations under this EULA to another organisation, but this will not affect your rights or our obligations under this EULA.
    2. You may only transfer your rights or obligations under this EULA to another person if we agree in writing.
    3. If we fail to insist that you perform any of your obligations under this EULA, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
    4. Each of the conditions of this EULA operates separately. If any court or competent authority decides that any of them are unlawful or unenforceable, the remaining conditions will remain in full force and effect.
    5. Please note that this EULA, its subject matter and its formation, are governed by English law. You and we both agree that the courts of England and Wales will have exclusive jurisdiction.