01End User License Terms

1.0Definitions

• Software is the web and mobile application Yarmill for athletes, sports coaches, managers, sport association representatives, physical therapists, massage therapists, and others, which is provided as SaaS (Software as a Service). The term Software includes all computer programs, databases, graphical, text, and multimedia content and other elements protected by Czech Copyright Act.
• Provider is the company Yarmill s.r.o., which developed the Software, company ID 06990258, with registered office at Lublaňská 267/12, Vinohrady, 120 00 Prague 2, Czech Republic, incorporated under laws of the Czech Republic, registered in the commercial register kept by Municipal Court in Prague under file No. C 292640.
• Customer is a person who has a valid Agreement with the Provider and who has granted you a sub-license to use the Software.
• User is You, the person who uses the Software.

2.0Subject of the Terms

1. The primary purpose of the Software is to enable the User to enter, process, and analyze data related to sports training and performance. This includes planning and recording training sessions, monitoring and evaluating training progress, connecting with external data collection equipment, uploading and integrating data and materials from external sources, performing automated data and material analyses, answering queries in the field of sports using AI tools, and sharing input and output data with other Users.
2. The User may use the Software for the purposes set out in the preceding paragraph and in accordance with these terms.
3. The User will be allowed to use the Software only for the duration of the Agreement between the Customer and the Provider.
4. The User acknowledges that he/she has read the documents referred to in these terms. The documents are available under the following links:
   1. Current technical and system requirements: https://yarmill.com/legal/system-requirements
   2. List of components with their license terms: https://yarmill.com/legal/third-party-components
   3. License terms for uploading and use of publications: https://yarmill.com/legal/publication-license-terms

3.0Software and Technical Requirements

1. The Software in the form of a mobile application is installed by the User on their smartphone or tablet.
2. The Software in the form of a web application is a cloud-based solution that the User launches in a web browser.
3. The User shall ensure that the device on which the Software runs meets the current technical and system requirements available under the link referred to in paragraph 2.4.1. of these terms. The User acknowledges that system requirements may change as a result of updates to the Software.
4. The Software runs on a third party server.
5. The Provider shall not be liable for failures or malfunctions of the Software due to failures or malfunctions of the equipment or operating environment on which the Software runs, failure to meet current system requirements, or failures of the servers.
6. The Provider may temporarily shut down the Software for maintenance purposes. If possible, the Provider shall inform the User in advance of the planned shutdown.

4.0User Account

1. The User must be at least 16 years old on the date of creating a user account for use of the Software, or must have the consent of their legal guardian if younger.
2. The User receives an invitation to the user account on the e-mail address that the Customer provided to the Provider.
3. The User fills in the form for creation of the user account with correct and truthful information about him/herself. The User is responsible for the accuracy and truthfulness of the information. The User shall read and agree to these terms by checking the relevant box and shall complete the registration; the user account will be created thereafter. The User may not start using the Software before completing these steps. Should an error or change in the User's details occur in the future, the User shall correct them without undue delay.
4. The User is obliged to:
   1. keep access data to user account confidential and protect it from disclosure, publication and/or misuse by third parties,
   2. immediately report the loss or suspected theft or misuse of access data. In such a case, the User is obliged to immediately inform the Customer and the Provider and take appropriate action (e.g. ask the Provider to block the login data). The User is liable for damages resulting from a breach of this obligation.
5. The User grants the Provider permission to use the data that the User enters into the Software. This authorisation is granted for all uses of the data, in particular for automated data processing through the Software, for machine learning and other uses for artificial intelligence. The authorisation to use the data is not limited in any way, temporally, territorially, quantitatively or otherwise. The Provider is entitled to modify the data entered into the Software and to create derivative works from them. If the data are part of a database to which the User exercises sui generis database rights, the User grants the Provider the rights to exploit and make a use of such a database. If any part of the data is protected by third party rights (e.g., trade secrets, confidentiality obligations, copyrights or other intellectual property rights) and the User nevertheless enters them in the Software, the User grants or warrants to the Provider permission to use such part of the data. However, the grant of such authorization does not relieve the User of the obligation to indemnify the Provider if the use of the data would infringe the rights of third parties.
6. If the User uploads written notes, scholarly or professional findings, professional articles, scientific publications, or any other materials, whether textual or otherwise, to the Software, the license terms for uploading and use of publications, available via the link in paragraph 2.4.3 of these terms, shall apply.

5.0Deleting a User Account

1. Both the Provider and the Customer have the right to suspend, deactivate or delete the User's account at any time, in particular if:
   1. the User has terminated the cooperation or membership with the Customer,
   2. the User is in breach of these terms,
   3. the Customer is in default in the payment of the price for the authorization to use the Software for a User,
   4. the Customer has terminated the Agreement with the Provider.

6.0Authorization to Use the Software

1. The Software is subject to copyright protection and its elements may also be subject to other intellectual property rights.
2. The Software contains third-party components, including components licensed under open-source licenses. A complete list of components and their license terms is available under the link provided in paragraph 2.4.2 of these terms.
3. The Provider has allowed the Customer to grant the User a permission to use the Software subject to these License Terms. The User may use the normal functionalities of the Software made available to the User within the level of user permissions selected by the Customer. The User may not use the Software in a manner that could constitute competition with the Provider or in a manner that could harm the Provider in any way.
4. The User may not copy, distribute, rent, lease, loan, disclose his access credentials, or otherwise use the Software or any portion thereof beyond the scope permitted by this Article.
5. The User may not allow any other person to use the Software (may not grant a sub-license). The User may not assign his rights to use the Software to another person (i.e., he may not transfer his rights to use the Software to another person even if he stops using it).
6. The source code is not provided with the Software and the User is not allowed to discover it in any way. The User may not change, modify, process, translate, or combine the Software with other software.
7. The price for the authorization to use the Software is paid to the Provider by the Customer. The Customer and the User may separately agree on the payment of the price for the provision of the Software to the User within the scope of their relationship.

7.0User Content and Notification

1. The Provider takes a passive and neutral approach to the content created and uploaded to the Software by the User. This means that the Provider generally does not monitor the content or actively search for facts or circumstances that would indicate that it is illegal. The Provider may on its own initiative conduct voluntary investigations or take other measures to detect, identify, remove, or disable access to illegal content. The Provider may also take necessary measures to ensure compliance with legal requirements, these terms or orders from regulatory authorities. However, the Provider is not responsible for the illegality, inaccuracy, or reliability of the user content. The Provider does not use special tools or decision-making based on algorithms for content moderation.
2. The Provider accepts notices about the appearance of the content within the Software that the notifier (e.g. the User) considers to be illegal. Such notice may be sent to support@yarmill.com. The Provider enables for the notice to contain at least following information:
   1. sufficiently substantiated explanation of the reasons why the person submitting the notice alleges the content in question to be illegal,
   2. a clear indication of the exact electronic location of the content, such as the exact URL, and, if necessary, additional information to identify illegal content depending on its type,
   3. the name and email address of the person or an entity submitting the notice, except in the case of information considered to involve one of the offenses referred to in Articles 3 to 7 of Directive 2011/93/EU,
   4. a statement confirming that a person or an entity submitting the notice believes in good faith that the information and allegations contained in the notice are accurate and complete.
3. If the notice contains the electronic contact information of the person submitting it, the Provider will send an acknowledgement of receipt of the notice without undue delay. The Provider will also inform such person without undue delay of its decision with respect to the information to which the notice relates and provide information on further legal remedies available to such person in relation to that decision. If the Provider becomes aware of unlawful activity, illegal content or content that is inconsistent with these terms, the Provider may take action to remove or disable access to it. Alternatively, the Provider may impose restrictions on the user by assigning a lower search ranking to the content, suspending, or terminating the use of the Software to such user, or suspending or terminating user's account. In such case, the Provider will provide all affected users (if the Provider has the respective electronic contact information) with a clear and specific justification for such restriction. However, if the Provider assesses the content to be compliant with the law and these terms, the Provider may also decide not to act against such content.
4. If the User frequently provides manifestly illegal content, the Provider may suspend the provision of its services to the User and access to the Software for a reasonable period of time and after issuing prior warning. In addition, if any person frequently submits manifestly unfounded notices, the Provider may, upon issuance of prior warning, suspend the processing of such person's notices. When deciding such cases, the Provider shall take into account the number of clearly illegal content items or manifestly unfounded notices submitted within a given time frame, their proportion in relation to the total number of information or the notices, the gravity of the misuse, the nature of the illegal content, the consequences of such misuse and the intent of such person or the User, if it can be identified.

8.0Exclusion of Warranty and Limitation of Liability

1. If a defect or other problem occurs in the Software, the User shall report the defect or problem in writing to the Provider at support@yarmill.com. The User may also submit other questions to user support at this address. The User shall provide the Provider with the requested assistance and information to resolve its request, including allowing remote access to its operating environment, if necessary.
2. Provider excludes all implied warranties and conditions, including those of merchantability, fitness for a particular purpose, and non-infringement. If User’s local law does not allow the exclusion of implied warranties, then any implied warranties, guarantees, or conditions last only during the term of the agreement and are limited as much as User’s local law allows. If User’s local law requires a longer limited warranty term, despite these terms, then that longer term will apply, but User can recover only the remedies these terms allow.
3. If the User configures the Software, combines it with other software or otherwise interferes with the Software, the Provider shall not be liable for any damage related thereto.
4. Except for any repair, replacement, or refund that the Provider may provide, User may not under these terms, or under any theory, recover any damages or other remedy, including lost profits or direct, consequential, special, indirect, or incidental damages. If User’s local law allows the User to recover damages from the Provider, even though these terms do not, User cannot recover more than what User paid for the software (or up to $50 USD if the User acquired the software for no charge because someone else is paying for the software).

9.0Personal Data Protection

1. The treatment of the User's personal data is governed by the Privacy Policy, which is available under the link here: Privacy Policy.

10.0Communication

1. The Provider and the User communicate electronically via the Software and the User's e-mail address on the basis of which a user account has been set up. The requirement for a written form is satisfied if the electronic text with a plain electronic signature is delivered to the e-mail address of the contact person of the other Party or by other electronic means agreed between the Parties during the term of the Agreement.
2. An electronic message shall be deemed to have been delivered at the time specified in the electronic acknowledgement of delivery or, if there is no such acknowledgement, on the day following the day on which the electronic message was sent.

11.0Change of Terms

1. The Provider reserves the right to change, modify, add or remove any part of the terms to a reasonable extent, in particular the personal data protection, license conditions, technical requirements, etc. The Provider shall notify such change in a timely manner and make the new version of the terms available on its website, always at latest 15 days prior to the date when the change becomes effective.
2. The User has the right to reject the proposed change to the terms. If the User does not do so no later than the last day before it takes effect, the User thereby agrees to the change. If the User rejects the change, he/she must discontinue use of the Software on the last day before the new terms take effect. During this time, the last agreed version of the terms will apply.

12.0Final Provisions

1. You expressly confirm that you have familiarized yourself with the contents of the documents referred to in paragraph 2.4 of these terms, to which these terms refer and which form an integral part thereof. These documents may be reread or printed at any time and are available on the Provider's website under the links set out in paragraph 2.4 of these terms.
2. The invalidity, ineffectiveness, illegality or unenforceability of any part of the terms shall not affect the remaining parts of the terms. The Parties undertake to replace any invalid, ineffective, apparent or unenforceable part of the terms with a valid, effective, non-apparent and enforceable part with the same commercial and legal significance within 14 (fourteen) days from the date on which they receive a request from the other Party.
3. The terms are governed by laws of the Czech Republic. Any dispute shall be resolved before general Czech courts.