SPORTYWE END USER TERMS AND CONDITIONS

Effective Date: April 20, 2016

(A)Agreement

These terms and conditions constitute a legally binding agreement by and between Sportive Oy (“Sportywe”, “We”, “Us”) and you concerning your use of the services made available through or in connection with Sportywe application or its website found at www.sportywe.com, whether through a mobile device, mobile application or computer (collectively, the “Service”).

Sportywe reserves the right, at its discretion to change, modify or amend these terms at any time.

If We do so, We will post any such modifications or changes in the Sportywe application or at www.Sportywe.com website.

By downloading the Sportywe application and by using the Service(s) you present and warrant that you are at least age of 13 or older and that you understand and agree to these terms and conditions. If you are between the ages of 13 and 17, you present that your legal guardian has reviewed and agreed to these terms and conditions.

If you access the Service(s) from Facebook, Google+, or similar social networking site, you shall also comply with these terms and conditions.

By using the Sportywe application and Service(s), you acknowledge and agree that you accept that targeted marketing and other marketing is made available to you as part of the functionality of the Sportywe application.

You also represent and warrant that you have read and understand and agree to be bound by these terms and conditions. If you do not accept and agree to be bound by all of the terms of this agreement do not use the Service(s). Please contact Us with any questions concerning this agreement.

(B)SeRVICE(S), registrAtion and material(s)

Sportywe is an application and platform that connects registered users with Sportive Oy and other service providers which are integrated to the application (including but not limited to sport facilities and service providers).

Through the Service the selected service providers (“Service Providers”) can market and sell their products and services to users. Service Providers are solely responsible to you for the care and quality of their products and services.

Service Providers’ services and products may be ordered after successful completion of registration process. You may not register to the Service by using a false identity or information.

Sportywe application shall provide location based information about the sport premises and facilities which are near your current location or you may use search engine in order to find an interesting sports facilities, events and other users. You may also use the application for the purpose of building sport teams and you call game buddies and fellow competitors to sports events. Sportywe application connects you to users who have similar interests with sports.

Sportywe may extend its service offering by adding promotional and seasonal items and Services that are related to sports to the Sportywe application and to the www.Sportywe.com website. Sportywe may also arrange certain samples and promotional items from its Service Providers and promotional partners which can be given to you at certain sports premises and sports events.

Sportywe may also allow its Service Providers, third party agents, contractors, distributors, merchants or sponsors to make offers that are directed to you by means of message boards, blogs, chat rooms or emails. You may prevent email marketing by unsubscribing from marketing emails by contacting Sportywe or the applicable Service Provider.

Sportywe application is downloadable to the users free of charge. Sportywe aims to make international and global commercial partnerships that will benefit all the users that are interested in certain sports, i.e. tickets with discounts, special events, discounted or tailored sports equipment, clothing, fan items, accessories and other items in its sole discretion from time to time.

You accept that all advertising and promotion through the Sportywe application is standard functionality. In the event that you do not wish to receive any advertising you may stop using the Sportywe application.

The promotions and seasonal items may be subject to specific promotional code(s) that eligible you to a discount.

You can store materials and content such as opinions, statements, advice, recommendations, pictures, videos, graphics, images, music, software, audio and other content and information to the bulletin boards, discussion or message forums and may use service ranking tools made available at Sportywe.com website.

You can upload content to public forums to any other user of the Service. All the information made available by users are those of their respective authors and Sportywe do not guarantee the accuracy, completeness, usefulness of those and Sportywe will not be liable for any loss or damage resulting from your reliance on such information.

If you believe that information found on the Sportywe application or www.Sportywe.com is inaccurate or unauthorized, please inform us by contacting us via support@Sportywe.com.

Discussion forums, message boards, blogs, chat rooms, emails and instant messaging features enables you to upload content, communicate and share opinions. You acknowledge that communication made in Sportywe.com website is public not private communication.

Sportywe disclaims any implied or actual duty to monitor discussions, message boards, chat rooms, blogs or emails and specifically disclaims any responsibility or liability for any information provided thereon.

Sportywe collects limited amount of personal identifiable information such as name, address, email address, telephone number in the registration process. This information can be used in the development of the Service(s) and for the advertising and promotional purposes that are related to Sportywe application.

(C)License, links AND COMPETITIONS

Subject to your compliance with the terms and conditions of this agreement, Sportywe gives you a non-exclusive, non-transferable, non-sub licensable, revocable license to use the Sportywe application and the Services for your non-commercial purposes.

You are solely responsible for your interaction with other users of Sportywe.com website and Sportywe application. You understand and agree that Sportywe shall not screen its users or visitors, and shall not make background checks for its users, review or verify the statements of the users. You hereby agree to exercise reasonable precautions in all interactions with other users.

You are entitled to purchase Service Providers items in accordance with the campaign specific prices and terms during the campaign or the validity date of promotional code. You are responsible for any use of credit card or other payment instrument by minors.

Sportywe has not reviewed all the sites linked to its sportywe.com website and application and is not responsible for the contents of any such linked sites. The inclusion of any link does not imply endorsement by Sportywe. Use of any of the linked website is at the user’s own risk.

As part of the Services Sportywe occasionally arranges photo competitions of certain spots and events with users and the public. You agree that Sportywe may, at its sole discretion, publish these photos on the sportywe.com website and across social media including Facebook, Twitter, Pinterest and similar sites.

You hereby grant to Sportywe and its officers, directors, employees, agents and representatives a non-exclusive, perpetual, fully paid-up, irrevocable, worldwide, royalty-free, sub-licensable license to publicly display, copy and distribute all the materials that you have uploaded or posted to the Sportywe application whether in connection with your use of the Service(s) or otherwise in any media.

You represent and warrant that you own all rights title and interest in and to the content and materials that you have uploaded, added to or transmitted through the Sportywe application and that any content or material is not in violation of third party copyright, trademark, trade secret or any other intellectual property right(s). You shall be solely liable for any violations of any applicable laws and for any infringement of third party rights caused by your use of the Sportywe application and Service(s).

Sportywe reserves the right to remove, suspend, edit or modify any content in its discretion, including but not limited to upon receipt of claims or allegations from third parties or authorities. Sportywe assumes no responsibility for the conduct of any users submitting any content or for monitoring the Service for inappropriate content or conduct.

You may not use the Service, Sportywe application or sportywe.com website for distributing or attempting to distribute harmful code, viruses, worms or other material which may be malicious or technologically harmful, include content or link to content that is obscene, offensive, threatening, pornographic, hateful, fraudulent or illegal, mislead or attempts to mislead users.

Sportywe reserves to the right to determine what conduct it considers to be in violation of the rules of use, and may terminate your use of the Service.

(D)Disclaimers and limitation of liability

Sportywe application and Service are provided on an “AS IS” and “AS AVAILABLE” basis.

Sportywe on behalf of itself and its third party Service Providers hereby disclaims all warranties expressed or implied warranties of merchantability, fitness for any particular purpose or non-infringement or that the operation of the sportywe.com website or Sportywe application will be uninterrupted or error-free.

Sportywe or its Service Providers will not, under any circumstance, be liable in any way for any content, including, but not limited to, any errors or omissions in any material or content, or any loss or damage of any kind that you incur as a result of your use of, or your acting in reliance on, any material or content posted, e-mailed, transmitted, or otherwise made available in the Service(s).

TO THE MAXIMUM EXTENT PERMITTED BY LAW Sportywe OR SERVICE PROVIDERS SHALL NOT BE LIABLE FOR ANY DIRECT OR INDIRECT DAMAGES OR SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, LOSS OF PROFITS, LOSS OF DATA OR CONFIDENTIAL INFORMATION OR LOSS OF PRIVACY. THIS LIMITATION SHALL APPLY REGARDLESS OF WHETHER THE DAMAGES ARISE OUT OF THE BREACH OF CONTRACT, TORT OR ANY OTHER LEGAL THEORY OR FORM OF ACTION. THE MAXIMUM LIABILITY OF Sportywe TO YOU UNDER ANY CIRCUMSTANCES WILL BE 50 EUROS. YOU AGREE THAT THIS LIMITATION OF LIABITLITY REPRESENTS A REASONABLE ALLOCATION OF RISK.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES. ACCORDINGLY SOME OF THE ABOVE DISCLAIMERS AND LIMITATIONS MAY NOT APPLY TO YOU. TO THE EXTENT THAT Sportywe MAY NOT, AS A MATTER OF APPLICABLE LAW, DISCLAIM ANY WARRANTY OR LIMITS ITS LIABILITY AS SET FORTH HEREIN, THE SCOPE OF SUCH WARRANTY AND THE EXTENT OF Sportywe’S LIABILITY SHALL BE THE MINIMUM PERMITTED UNDER SUCH APPLICABLE LAW.

Sportywe IS NOT UNDER ANY CIRCUMSTANCES LIABLE FOR ANY INJURIES, ILLNESSES, DAMAGES, CLAIMS, LIABILITIES OR COSTS THAT YOU MAY INCUR OR SUFFER IN CONNECTION WITH YOUR USE OF THE PARTNER SERVICES.

You agree that the use of the sportywe.com and the Service(s) is at your own risk and you will not hold Sportywe responsible for any loss or damage that result from your access and use of the Service(s).

The information and Service(s) may contain bugs, errors, problems or other limitations.

You agree and understand that the Service is evolving one and that Sportywe may require that you will accept updates to the Service and Sportywe application.

(E)intellectual property

All content and other materials made available through the Sportywe application including without limitation to Sportywe logo, design, text, graphics and other files are protected by international copyright and trademark laws and owned by Sportywe and its licensors and suppliers.

6. Governing law

The use of the sportywe.com website and Service(s) shall be treated as through this agreement was executed and performed in Helsinki Finland.

Any claim relating to the use of Sportywe application or Service shall be governed by the laws of Finland without regard to its conflict of law’s provisions. The parties to this agreement consent to jurisdiction in and exclusive venue of the Helsinki District Court, Finland.

If a dispute arises between you and Us, We strongly encourage you to first contact Us directly to seek a resolution by contacting our customer support at support@sportywe.com.

Any cause of action by you arising out or relating to the sportywe.com and Sportywe application, Service or this agreement must be instituted within three (3) months after the cause of action arose or shall be forever waived.

Please be reminded that Sportywe is not a direct party to any transactions between you and Service Provider. Should you dispute any Service Provider, you release Sportywe with such disputes.

However, Sportywe may try to help users resolve disputes for the benefit of users. In that case, it is in Our sole discretion and We have no obligations to resolve disputes between users and third parties. We will do it in good faith based solely on this agreement in the extent that We attempt to resolve a dispute.

7. severability

If any part of this agreement is determined to be invalid or enforceable, such determination shall not invalidate any other provision of this agreement. The parties shall attempt, through negotiations in good faith to replace any such invalid or unenforceable part of this agreement with a compatible provision that is enforceable and valid. The failure of the parties to reach an agreement on such a replacement provision shall not affect the validity of the remaining provision of this agreement.

8. Entire agreement

This agreement including any reference to any materials in the sportywe.com website and Sportywe application constitutes the entire understanding and agreement between the parties with the subject matter. This agreement supersedes all prior negotiations and previous understandings and agreements whether written or oral relating to the subject matter hereof.

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PRIVACY POLICY

This privacy policy governs your use of the software application Sportywe™ (“Application”) for mobile devices that was created by Sportive Ltd.. Sportywe application shall provide location based information about the sport premises and facilities which are near your current location or you may use search engine in order to find an interesting sports facilities, events and other users. You may also use the application for the purpose of building sport teams and you call game buddies and fellow competitors to sports events. Sportywe application connects you to users who have similar interests with sports.

User Provided Information

The Application obtains the information you provide when you download, register and use the Application.

When you register with us and use the Application, you generally provide (a) your name, email address, age, password and other registration information; (b) transaction-related information, such as when you make purchases, respond to any offers, or download or use applications from us; (c) information you provide us when you contact us for help; (d) credit card information for purchase and use of the Application, and; (e) information you enter into our system when using the Application, such as contact information and your activity information.

We may also use the information you provided us to contact you from time to time to provide you with important information, required notices and marketing promotions.

Automatically Collected Information

In addition, the Application may collect certain information automatically, including, but not limited to, the type of mobile device you use, your mobile devices unique device ID, the IP address of your mobile device, your mobile operating system, the type of mobile Internet browsers you use, and information about the way you use the Application.

When you visit the mobile application, we may use GPS technology (or other similar technology) to determine your current location in order to determine the city you are located within and display a location map with relevant advertisements. We may share your current location with other users or partners in order to make the Application useful to you.

If you do not want us to use your location for the purposes set forth above, you should turn off the location services for the mobile application located in your account settings or in your mobile phone settings and/or within the mobile application. However, turning off the location service may affect the usability of the Application.

We will share your information with third parties only in the ways that are described in this privacy statement.

We may disclose User Provided and Automatically Collected Information:

  • as required by law, such as to comply with a subpoena, or similar legal process;

  • when we believe in good faith that disclosure is necessary to protect our rights, protect your safety or the safety of others, investigate fraud, or respond to a government request;

  • with our trusted services providers who work on our behalf, do not have an independent use of the information we disclose to them, and have agreed to adhere to the rules set forth in this privacy statement.

  • If Sportive Ltd. is involved in a merger, acquisition, or sale of all or a portion of its assets, you will be notified via email and/or a prominent notice on our Web site of any change in ownership or uses of this information, as well as any choices you may have regarding this information.

You can stop all collection of information by the Application easily by uninstalling the Application. You may use the standard uninstall processes as may be available as part of your mobile device or via the mobile application marketplace or network. You can also request to opt-out via email, at info@sportywe.com

Data Retention Policy, Managing Your Information

We will retain User Provided data for as long as you use the Application and for a reasonable time thereafter. We will retain Automatically Collected information for up to 24 months and thereafter may store it in aggregate. If you’d like us to delete User Provided Data that you have provided via the Application, please contact us at info@sportywe.com and we may respond in a reasonable time. Please note that some or all of the User Provided Data may be required in order for the Application to function properly.

Children

We do not use the Application to knowingly solicit data from or market to children under the age of 13. If a parent or guardian becomes aware that his or her child has provided us with information without their consent, he or she should contact us at info@sportywe.com. We will delete such information from our files within a reasonable time.

Security

We are concerned about safeguarding the confidentiality of your information. We provide physical, electronic, and procedural safeguards to protect information we process and maintain. For example, we limit access to this information to authorized employees and contractors who need to know that information in order to operate, develop or improve our Application. Please be aware that, although we endeavor provide reasonable security for information we process and maintain, no security system can prevent all potential security breaches.

Changes

This Privacy Policy may be updated from time to time for any reason. We will notify you of any changes to our Privacy Policy by posting the new Privacy Policy here and informing you via email. You are advised to consult this Privacy Policy regularly for any changes, as continued use is deemed approval of all changes. You can check the history of this policy by clicking here.

Your Consent

By using the Application, you are consenting to our processing of your information as set forth in this Privacy Policy now and as amended by us. "Processing,” means using cookies on a computer/hand held device or using or touching information in any way, including, but not limited to, collecting, storing, deleting, using, combining and disclosing information, all of which activities will take place in the European Union jurisdiction. If you reside outside the European Union jurisdiction your information will be transferred, processed and stored there under European Union privacy standards.

Contact us

If you have any questions regarding privacy while using the Application, or have questions about our practices, please contact us via email at info@sportywe.com.

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