TERMS OF SERVICE
for the use of
“Judo Manager”
In the Agreement, unless the context clearly otherwise requires, the following capitalised terms shall have the following meaning:
“Account“ | means a registered account within the Service that enables the User to access and use the Service. Each Account is assigned to an individual User. |
“Add-ons“ | has the meaning ascribed to such term in Clause 3.8. below. |
“Agreement“ | means a SaaS subscription agreement for the Subscription to the Service, consisting of these Terms of Service along with the Privacy Policy, Fair Use Policy and Data Processing Agreement, in their – at the time – applicable version. In case an additional Cover Agreement is concluded between the Parties (in case of “Custom Plan” subscription), such Cover Agreement makes an integral part of the Agreement. |
“Business Day“ | means any day other than Saturday, Sunday or public holiday in Slovenia. |
“Competition“ | means any kind of judo competition or contest, for purposes of which the Service is used by one or more Users (to manage and/or organise such Competition). |
“Confidential Information“ | has the meaning ascribed to such term in Clause 13.1. below. |
“Cover Agreement“ | means, in case of the Customer’s subscription to a “Custom Plan”, a supplemental agreement concluded between the Parties, which includes custom conditions regarding the Subscription, and which makes an integral part of the Agreement. |
“Customer“ | means you, the party subscribing to the Service. |
“Customer Data“ | means any and all data, information, material and content created, uploaded, added, submitted or posted within or to the Service by Users or otherwise – directly or through DataStat – made accessible within the Service, including, but not limited to, text, image, video and audio materials, written posts and comments, photographs, graphics, URLs, etc. |
“Customer’s Contact Persons“ | has the meaning ascribed to such term in Clause 6.3. below. |
“Data Processing Agreement“ | means an agreement that the Parties shall simultaneously enter into at the time of the conclusion of the Agreement and under which DataStat shall be deemed a data processor in connection with any and all Personal Data provided by the Customer (also on its behalf by any User) that shall be processed by DataStat in relation to the provision of the Service. The Data Processing Agreement forms an integral and indispensable part of the Agreement and has been drafted in accordance with the provisions of Article 28 of the GDPR. The full text of the Data Processing Agreement can be found at www.judomanager.com/privacy/. |
“DataStat“ | means us, DATASTAT Svetovanje in izdelava statističnih podatkov in multimedijskih vsebin d.o.o., Vojkova cesta 58, 1000 Ljubljana, Slovenia, registration number: 3392392000, ID for VAT: SI 26084279. |
“Disclosing Party“ | has the meaning ascribed to such term in Clause 13.1. below. |
“Fair Use Policy“ | means the fair use policy for the use of the Service, available at www.judomanager.com/terms/. |
“Fees“ | means any amounts payable by the Customer to DataStat for the Service and includes both the Subscription Fees and Other Fees. |
“GDPR“ | means Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation). |
“Knowledge Base“ | has the meaning ascribed to such term in Clause 5.3. below. |
“Members“ | means natural persons, such as judoka, coaches, support staff, officers, who are members, officers, employees, or affiliates of the Customer or any of the clubs or associations who are members of the Customer. |
“Other Fees“ | has the meaning ascribed to such term in Clause 9.8. below. |
“Parties“ | means DataStat and the Customer together, and each individually a “Party“. |
“Personal Data“ | means any data which qualifies as “personal data”, “personal information”, “personally identifiable information” or any substantially similar term under the GDPR or other applicable personal data protection laws and is processed by DataStat in connection with the Service. |
“Privacy Policy“ | means the privacy policy for the use of the Service, available at www.judomanager.com/privacy/. |
“Receiving Party“ | has the meaning ascribed to such term in Clause 13.1. below. |
“Responsible Person“ | has the meaning ascribed to such term in Clause 15.3. below. |
“Service“ | means the “Judo Manager” software-as-a-service (SaaS) offered by DataStat in its current and future features. This includes use of the “Judo Manager” platform available at www.judomanager.com, the Support Plan, as well as the system and server software used to provide the Service and the hardware on which they are installed. |
“Software“ | means the software used for the Service. |
“Subscription“ | means the Customer’s subscription to the Service under the selected Subscription Plan for a given Subscription Term. |
“Subscription Fees“ | means subscription fees payable by the Customer for the Subscription. |
“Subscription Plan“ | means any of the subscription plans for the Service, as they are described at www.judomanager.com/pricing/, to which the Customer is subscribed for the relevant Subscription Term in order to use the Service. |
“Subscription Plan Change“ | has the meaning ascribed to such term in Clause 3.6. below. |
“Subscription Term“ | means a period for which a given Subscription is valid. |
“Support Plan“ | has the meaning ascribed to such term in Clause 6.1. below. |
“Taxes“ | has the meaning ascribed to such term in Clause 9.12. below. |
“Terms of Service“ | means these Terms of Service. |
“Trademarks“ | refers to the “Judo Manager” trademark collectively with third party trademarks used in connection with the Service. |
“User“ | means a natural person, such as an officer, support staff or coach, who is a member, employee, or affiliate of the Customer or any of the clubs or associations who are members of the Customer, and for whom the Customer opened an Account. |