Track 160 – End-User Terms and Conditions

Last revised: February 15th, 2022


Track160 Ltd. together with its affiliates and subsidiaries (“Track160", "We", "Our", or "Company") welcomes you (“User”, “You”, or “Your”) to use the Company’s proprietary products and services through our proprietary application accessible through your devices (the “App”). The App is hereby made available to You in accordance with and subject to the terms and conditions of the Subscription Agreement between the Company and the club to which you are registered or assigned (“Club”). You may use the App solely in accordance with the terms and conditions hereunder, including the terms of our Privacy Policy available at https://www.track160.com/privacy (“Privacy Policy” and collectively with these End-User Terms and Conditions, the “Terms”). 


By accessing, connecting, registering, or otherwise using the App you acknowledge that you have read and understood the following Terms, and you agree to adhere to be bound by such Terms and to comply with all applicable laws and regulations regarding your use of the App. You further acknowledge that these Terms constitute a binding and enforceable legal contract between Company and You. IF YOU DO NOT AGREE TO THESE TERMS, PLEASE DO NOT ACCESS, CONNECT TO, REGISTER, OR USE THE APP. By accepting these Terms, you represent that any and all information you provide us through the Service is true and accurate. The provision of any false or fraudulent information is strictly prohibited.

 
1. The App 
The App is a technological platform that enables You to receive or obtain Your performance video recording and statistical information as gathered by Track160 in accordance with the agreement between Track160 and the Club (collectively “Information”).


2. Account 
2.1.    Account Registration. In order to use the App, You must sign up through the App or as otherwise directed by Track160, to the user account made available for You by your Club, (each, a “Account”). To complete the Account registration, we will require certain information which will include Your name, Club name, address, phone number, e-mail and password.

2.2.    Accurate details. You must provide accurate and complete information when signing up to an Account and you agree to not misrepresent any of your Account information, and to keep your Account information accurate and up to date. 

2.3.    Account Security. You are responsible for maintaining the confidentiality of the login credentials (e-mail and password or any other access method implemented by Track160) of your Account and for all activities that occur under such Account. You agree and undertake to ensure that You will not disclose Your login credentials to any third party, and You are responsible for any use or misuse performed through the Account (including by any third party if you do choose to disclose these credentials). We reserve the right to temporarily suspend or permanently terminate the Account if we determine that You or anyone is using the Account in a manner which violates these Terms.


3. Legal Age and Authority
3.1.    To use the App, you must be over the age of thirteen (13). Therefore, Company does not knowingly collect Personal Information from minors under the age of thirteen (13) and does not wish to do so. If you are between the ages of thirteen (13) and eighteen (18) (or between 13 and the age of legal majority in Your jurisdiction of residence), You must review these Terms with a parent or legal guardian to ensure the parent or legal guardian acknowledge and agree to these Terms. Should Your parent or legal guardian not acknowledge and agree to these Terms, You must immediately uninstall this App and discontinue its use. The Company assumes no responsibility or liability for any misrepresentation of your age.

3.2.    You possess the legal authority to enter into these Terms and to form a binding agreement under any applicable law, to use the App in accordance with these Terms, and to fully perform your obligations hereunder all on behalf of Yourself;

4. License 
4.1.    Subject to full compliance with the terms and conditions set forth herein Track160 grants You, a limited, non-exclusive, non-transferable, non-sublicensable, revocable right to access and use the App and the information provide by it, solely for your personal, non-commercial use.

4.2.    Use Restrictions. Unless otherwise expressly provided herein, You agree that you will not, nor will you authorize or assist any third party to: (a) distribute, license, sublicense, sell, otherwise commercialize or provide services using the App to any third party; (b) modify, alter, copy, transfer, emulate or create any derivative works of the App or of any part thereof; (c) reverse engineer, decompile, decode, decrypt, disassemble, or in any way attempt to derive source code, know-how or designs from the App or any part thereof; (d) remove, alter or obscure any copyright, trademark or other proprietary rights notice, on or in the App; (e) bundle, integrate, or attempt to integrate with the App, any third-party software technology other than as expressly permitted in writing by Track160; (f) use the App for any benchmarking or for competing development activities, (g) publish or disclose to any third party any technical features, quality, performance or benchmark test, or comparative analyses relating to the App, except for your internal use or as expressly permitted by Track160 in writing; (h) making the App available to any third party and/or transfer and/or assign the Your Account’s password, even temporary, to any third party; (i) distribute, share, publish, forward, communicate or otherwise make available any data generated from the App without the prior written consent of Track160, including without limitation the Information; (j) use the APP for any illegal, immoral or unauthorized purpose; or (k) use the App and/or any Information for any purpose other than as described hereunder or for any commercial purposes without Track160's express prior written consent or pursuant to an express written agreement.

4.3.    You shall take reasonable precautions to prevent any unauthorized access and/or unauthorized usage of the App. You shall be responsible and liable for any act or omission by You and/or otherwise taking place on the Account made available to You under these Terms.

4.4.    Modifications. Track160 reserves the right to modify, correct, amend, enhance, improve, suspend or make other changes to the App without notice, at any time. You agree that Track160 shall not be liable to You or to any third party for any modification, suspension or discontinuance of the App in accordance with this Section ‎4.4.

4.5.    Feedback. You may provide Track160 with feedback regarding the use, operation, performance, and functionality of the App, including without limitation identifying potential errors and improvements (“Feedback”). You hereby grant Track160 a perpetual, irrevocable, worldwide, unlimited, sublicensable, fully paid-up and royalty-free right to use the Feedback in any manner. 

5. Intellectual Property Rights 
As between the Parties, the App, the Information, and any and all rights, title and interest pertaining thereto, including, but not limited to any intellectual property in connection thereof including any  inventions, patents, and patent applications, trademarks, trade names, logos, copyrightable materials, graphics, text, images, designs (including the "look and feel" of the App), specifications, methods, procedures, information, know-how, algorithms, data, technical data, interactive features, source and object code, files, interface and trade secrets, whether or not registered or capable of being registered (collectively, "Intellectual Property"), are exclusively owned by the Company and subject to copyright and other applicable intellectual property rights under applicable laws, foreign laws and international conventions. You are hereby prohibited from making any use of and/or removing or deleting any and all copyright notices, restrictions, and signs indicating proprietary rights of Company or its licensors, including [®], copyright mark [©] or trademark [™] contained in or accompanying the App, and you represent and warrant that you will abide by all applicable laws in this respect. Other than as explicitly stated hereunder, no license, express or implied, in or to the App and/or the Company’s Intellectual Property, is granted to you under these Terms.


6. Privacy and Data
Company respects your privacy and is committed to protecting the information you share with it. We believe that you have a right to know our practices regarding the information Company collects when you connect to, access, or use our App. Our policy and practices and the type of data collected in the course of using the App are described in our Privacy Policy. If you intend to connect to, access, or use our App you must first read and agree to the Privacy Policy. 


7.  Disclaimer and Warranties
COMPANY DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR OPERATION, THE INABILITY TO USE OR OPERATE THE, OR THE INFORMATION PROVIDED IN THE COURSE OF USING THE APP. YOU ASSUME FULL RESPONSIBILITY FOR ANY USE OF THE APP. THE APP AND ANY INFORMATION ARE PROVIDED ON AN "AS IS" AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE OR NON-INFRINGEMENT OR IMPLIED WARRANTIES OF USE, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR FUNCTION. COMPANY DISCLAIMS AND MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE ACCURACY, QUALITY, AVAILABILITY, RELIABILITY, SUITABILITY, COMPLETENESS, TRUTHFULNESS, USEFULNESS, OR EFFECTIVENESS OF THE APP AND/OR ANY INFORMATION MADE AVAILABLE TP YOU THEREUNDER. THE USE OF THE APP IS ENTIRELY AT YOUR OWN RISK AND COMPANY SHALL HAVE NO LIABILITY RELATING TO SUCH USE. 


8. Limitation of Liability
IN NO EVENT SHALL COMPANY, INCLUDING ITS OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, SUB-CONTRACTORS, OR ITS AGENTS BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTIONS RESULTING FROM OR ARISING OUT OF THE APP, OR THE USE OR INABILITY TO USE THE APP, THE INFORMATION, THE PERFORMANCE OR FAILURE OF COMPANY TO PERFORM UNDER THESE TERMS, OR ANY OTHER ACT OR OMISSION OF COMPANY BY ANY OTHER CAUSE WHATSOEVER WHETHER BASED UPON BREACH OF WARRANTY, BREACH OF CONTRACT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER LEGAL THEORY, REGARDLESS OF WHETHER COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NO ACTION MAY BE BROUGHT BY YOU FOR ANY BREACH OF THESE TERMS MORE THAN ONE (1) YEAR AFTER THE ACCRUAL OF SUCH CAUSE OF ACTION. AS SOME STATES DO NOT ALLOW CERTAIN EXCLUSIONS OR LIMITATIONS OF LIABILITY, THEN SUCH LIMITATIONS MAY NOT APPLY TO A USER RESIDING IN SUCH STATES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.


9. Indemnification 
You agree to defend, indemnify and hold harmless Company from and against any and all claims, damages, obligations, losses, liabilities, costs, debts, and expenses (including but not limited to attorney's fees) arising directly or indirectly from: (i) your unauthorized use of the App and/or the Information or any part thereof; (ii) your violation of any term of these Terms or any applicable laws or regulations.


10. Third-Party Components
The App may use or contain third party software, files and components that are subject to open source and third-party license terms (“Third-Party Components”). Your right to use such Third-Party Components as part of, or in connection with, the App is subject to any applicable acknowledgements and license terms accompanying such Third-Party Components, contained therein or related thereto. If there is a conflict between the licensing terms of such Third-Party Components and these Terms, the licensing terms of the Third-Party Components shall prevail only in connection with the related Third-Party Components. These Terms do not apply to any Third-Party Components accompanying or contained in the App and Company disclaims all liability related thereto. You acknowledge that Company is not the author, owner or licensor of any Third-Party Components, and that Company makes no warranties or representations, express or implied, as to the quality, capabilities, operations, performance, or suitability of Third-Party Components. Under no circumstances shall the App or any portion thereof (except, to the extent applicable, the Third-Party Components contained therein) be deemed to be “open source” or “publicly available” software.


11. Termination
You agree that Company may, under certain circumstances and without prior notice, immediately block and/or suspend any email address and/or access to the App (“Termination”). Cause for such Termination shall include, but not be limited to, (a) breaches or violations of these Terms, (b) requests by law enforcement or other government agencies, (c) a request by you, (d) discontinuance or material modification to the App (or any part thereof), (e) unexpected technical or security issues or problems, and/or (f) engagement by you in fraudulent or illegal activities in connection with the App. Company shall not bear any liability to you for any such Termination.


12. Amendments to the Terms 
Company may change the Terms from time to time, at its sole discretion and without any notice. We will use reasonable commercial efforts to notify regarding substantial changes of these Terms via the App. Such substantial changes will take effect seven (7) days after such notice was provided. Otherwise, all other changes to these Terms are effective as of the stated “Last Revised” date, and your continued use of the App the Last Revised date will constitute acceptance of, and agreement to be bound by, those changes.


13. Availability
The App’s availability and functionality depend on various factors, such as communication networks, software, hardware, and Company’s service providers and contractors. Company does not warrant or guarantee that the Service will operate and/or be available at all times without disruption or interruption, or that it will be immune from unauthorized access error-free.


14. Changes to the App
Company reserves the right to modify, correct, amend, enhance, improve, make any other changes to, or discontinue, temporarily or permanently, the App (or any part thereof) without notice, at any time. In addition, you hereby acknowledge that the Information available through the App may be removed at any time without any notice to you. You agree that Company shall not be liable to you or to any third party for any modification, suspension, error, malfunction or discontinuance of the App (or any part thereof).


15. General
(i) These Terms together with the Privacy Policy constitute the entire terms and conditions between You and Company relating to the subject matter herein and supersede any and all prior or contemporaneous agreements, understandings, promises, conditions, negotiations, covenants or representations, whether written or oral, between Company and you, with respect to the App; (ii) Any claim relating to these Terms, or the App will be governed by and interpreted in accordance with the laws of the State of Israel, without reference to its conflict-of-laws principles. Any dispute arising out of or related to the use of the Services in connection with your Account will be brought in, and you hereby consent to exclusive jurisdiction and venue in, the competent courts of the State of Tel Aviv, Israel; (iii) No waiver by Company of any breach or default hereunder will be deemed to be a waiver unless made in writing. No waiver by the Company shall be deemed to be a waiver of any preceding or subsequent breach or default; (iv) Company may assign its rights and obligations hereunder and/or transfer ownership rights and title in the Service to a third party without your consent or prior notice to you. Your rights and obligations under these Terms are not assignable. Any attempted or actual assignment thereof without Company’s prior explicit and written consent will be null and void; (v) If any provision of these Terms is found to be unlawful, void, or for any reason unenforceable, then that provision will be deemed severable from these Terms and will not affect the validity and enforceability of any remaining provisions.