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Sportivoo

Terms and conditions

Sportivoo

Sportivoo is a project of 3102 S.r.l., in the person of its legal representative pro tempore, with registered office at Viale della Repubblica 10, 37126 Verona, Italy, and operational office at Via Albere 8, 37138 Verona, Italy, Tax Code and VAT no. 04011560234, which may be contacted at the e-mail address info@sportivoo.app.

1. Definitions

For the purposes of this document, the following terms, whether singular or plural, shall have the meanings set out below.

  • Account: means the account created by the User within Sportivoo.
  • AI Content: means reports – including in the form of news items – summaries, suggestions, coaching advice, rankings or other outputs produced by artificial intelligence systems integrated into Sportivoo.
  • Event: means any match, activity, outing, run, ride or other sporting event organised, promoted, booked or managed through Sportivoo.
  • Licence: means this licence agreement and terms of use.
  • Organiser: means the User who creates or manages an Event through Sportivoo.
  • Party or Parties: means 3102 and the User, individually or jointly as the case may be.
  • Rating: means the system for rating Users, including scores, feedback, summary indicators or classifications visible in the Account.
  • Report: means the feature through which the User may notify 3102 of an Event, an Account or content considered inappropriate, unlawful, non-compliant with the Licence or harmful to the rights of other Users or third parties, for the purposes of assessment and possible moderation action by 3102.
  • Sportivoo: means the Sportivoo mobile application, usable by the User through their Account.
  • User: means any natural person, qualifying as a consumer under European law, who accesses and may use Sportivoo, on the terms and within the limits established by the Licence.
  • 3102: means the entity holding the exclusive licence over Sportivoo, which grants the User a free sub-licence to use it, on the terms set out in the Licence.

2. Conclusion, scope and subject matter of the Licence

2.1. The Licence is entered into between 3102 and the User in order to allow the latter to use Sportivoo.

Access to and use of Sportivoo are expressly conditional upon acceptance of the terms of the Licence.

2.2. When the User accesses Sportivoo by clicking the "I accept" button or similar wording, acceptance of the Licence is confirmed, as well as full understanding of the provisions and terms contained therein.

2.3. In accordance with the terms of the Licence, 3102 grants the User solely the non-exclusive right to use Sportivoo on the User's device. Any right to use Sportivoo is granted by licence only and does not imply any ownership right or interest in it. This Licence has no territorial limits and remains valid until the Account is deleted.

2.4. All intellectual property rights relating to Sportivoo (including, among others, video and audio materials, computer code, subject matter, derivative works, titles, slogans, concepts, illustrations, graphics, animations, sounds, musical compositions, audiovisual effects, text, displays, related documentation and moral rights), any connected content and title to any copy thereof belong to 3102 and/or its assignors.

2.5. The creation of an Account and the granting of the licence to use Sportivoo are free of charge. Any cost associated with creating an Account and using Sportivoo (by way of example, the cost of the Internet provider, costs relating to the booking and use of sports facilities, or the fees required to take part in Events managed by Organisers) is borne by the User.

2.6. Sportivoo may make available features that allow Users to:

  • organise Events
  • collect or make payments between Users
  • share their real-time location
  • receive or view AI Content
  • give or receive Ratings
  • invite other Users to take part in an Event
  • follow an Event, receiving updates about it within the limits and in the manner established by Sportivoo
  • share an Event on social network platforms, third-party messaging applications or by sharing a link
  • add an Event to their personal calendar, through the dedicated integration feature with third-party calendar applications
  • submit Reports.

In any case, 3102 makes available the digital infrastructure and never assumes the role of a party in the sporting, organisational or economic relationship between the Organiser, the facilities and other Users.

2.7. In the case of payments between Users, 3102 does not act as a payment institution, intermediary or payment service provider. Payments may be executed through third-party tools or providers chosen by the User or made available by the Sportivoo interface; the related contractual relationships remain governed by the terms of the respective providers.

2.8. Sportivoo may offer AI Content, including match summaries, editorial-style content and coaching suggestions. Such content is intended for information purposes and to support the user experience and does not constitute any guarantee of sporting results, professional assessment or decisions regarding the User's merit. Its use also remains governed by the Privacy Policy.

2.9. Sportivoo may allow users to give each other Ratings. The Rating must be used properly and in a non-offensive manner. Any effects of the Rating remain subject to the provisions of the Privacy Policy.

2.10. Sharing an Event via social network platforms, third-party messaging applications or link sharing takes place outside Sportivoo's technological environment and remains entirely subject to the terms, conditions of use and privacy policies of the respective providers, over which 3102 exercises no control and for whose conduct it is not responsible.

3. Restrictions and deletion of the Account by 3102

3.1. It is not permitted to sell, transfer – whether for consideration or free of charge – lease, rent or sub-license, copy, publish, modify, update, adapt or translate Sportivoo or parts thereof. It is prohibited to use Sportivoo for marketing or promotional purposes, to reproduce, display, perform or otherwise use it outside the terms of this Licence. It is prohibited to decode, decompile or disassemble Sportivoo, to create derivative products from Sportivoo or parts of it, or otherwise to attempt to extract its source code. It is prohibited to (i) use tools to avoid, disable or circumvent any encryption, security or authentication mechanisms in Sportivoo; (ii) obtain Sportivoo other than through the distribution methods authorised by 3102; or (iii) use Sportivoo other than as intended by 3102 on the basis of the documentation made available to the User.

It is also prohibited to:

  • use Sportivoo to collect payment data, geographic coordinates or personal data of other Users outside the purposes permitted by Sportivoo
  • use messaging, Rating or geolocation systems for abusive, harassing, discriminatory or surveillance purposes
  • manipulate one's own or others' Rating, including through multiple Accounts, collusive conduct, non-genuine feedback or other devices.

3.2. 3102 reserves the right to limit, suspend or discontinue the User's access to Sportivoo only where this is reasonably necessary to:

  • protect the security of Sportivoo or of other Users
  • prevent fraud, abuse, unauthorised access or unlawful use of Sportivoo
  • remedy breaches of the obligations set out in Article 3.1 and/or in Article 6 below.

Except where immediate action is necessary for security reasons or to comply with legal obligations, 3102 will:

  • inform the User of the objection raised
  • allow, where possible, a reasonable period to provide clarifications and remedy the breach
  • adopt, where appropriate in the circumstances, proportionate and progressive measures, giving preference to limiting the individual feature concerned rather than fully deactivating the Account.

In the event of suspension or discontinuation, the User may request clarifications and submit observations to 3102 through the contact details indicated in the Licence.

4. Updates and changes

4.1. 3102 may provide remote updates or improvements to Sportivoo. Some updates or improvements may be provided automatically without notice while Sportivoo is being used, and the User hereby consents to such measures.

These may include updates or downloads of new versions of Sportivoo, comprising security patches, new technologies or renewed settings and features. These updates or improvements may affect the functionality of Sportivoo; 3102 accepts no liability in relation to such effects or to any damage so caused.

4.2. The creation of the Account and access to Sportivoo's features are free of charge, unless individual features or additional services are expressly indicated as subject to a fee.

3102 reserves the right to amend this Licence unilaterally or to introduce charges for some or all of its features at any time, for example for legal or regulatory adjustments; security requirements; prevention of abuse or fraud; the introduction, modification or discontinuation of technical features; integration with third-party providers or payment tools; developments in geolocation, rating or AI services; or organisational or technological requirements of the service.

In such a case, prior notice will be given to Users with adequate advance warning, indicating the changes and the date of entry into force.

The changes will not have retroactive effect and will not affect services already used or relationships already concluded. If the User does not wish to accept the changes, they may cease using Sportivoo by deleting the Account before the changes enter into force.

5. Collection of information by 3102

5.1. In order to allow the creation of the Account and the use of Sportivoo, 3102 collects information about the User, as well as data and information communicated by the User. For further information in this regard, please refer to the Privacy Policy.

6. Obligations, representations and warranties of the User

6.1. By using Sportivoo, the User declares that they are of legal age, that they are able to enter into a contract under the law of their jurisdiction, and agrees to be bound by the terms of the Licence.

The User accepts the Licence on their own behalf and on behalf of anyone who accesses or uses their Account. The User is liable as for their own acts for the use of Sportivoo by anyone who has access to their Account and for such persons' compliance with the terms of the Licence.

6.2. The User undertakes to provide their personal data in a correct, complete, truthful and up-to-date manner and not to upload unlawful content to Sportivoo.

6.3. The User undertakes, for themselves and for any third parties who access Sportivoo through the Account, to keep authentication credentials safe and confidential, and to promptly inform 3102 of any unauthorised use of the Account.

6.4. The User undertakes not to upload unlawful, inappropriate or harassing content, or content that may conflict with any rights of 3102 or of third parties, and further undertakes to use Sportivoo solely for permitted purposes; any form of contact with other Users aimed at promoting goods or services is prohibited, as is, more generally, any spamming activity or other activity that breaches applicable law or may disturb other Users.

The User further undertakes:

  • to use the payment, Rating, messaging and geolocation systems in compliance with this Licence and applicable law
  • not to publish third parties' payment data
  • not to disseminate other Users' real-time location outside Sportivoo
  • not to use feedback or Ratings for defamatory, retaliatory or discriminatory purposes
  • to use the Event invitation feature properly and not instrumentally, refraining from sending invitations en masse or for spamming or harassment purposes towards other Users
  • not to share, through the features for sharing on third-party platforms or applications, the personal data of other Users without the prior consent of the persons concerned and in compliance with applicable law
  • to use the Report feature responsibly and in good faith, refraining from making spurious, instrumental or abusive reports or reports intended to harm other Users; systematic abuse of the Report feature may be assessed by 3102 pursuant to Article 3.2.

3102 reserves the right to intervene and moderate content deemed to be in breach of the provisions of this paragraph, without prejudice to its right to suspend or discontinue the User's access to Sportivoo pursuant to Article 3.2 above.

6.5. The User declares that they are aware of and understand the risk inherent in sharing information through chat messages with other Users; in this respect, each User is solely responsible for the data and information they choose to share with third parties.

Similar awareness is required of the User with regard to the sharing of payment data, real-time location and Events.

6.6. The User declares that they are aware of and understand that the use of sports facilities or participation in sporting activities may, in certain cases, entail risks to health and physical safety. The User participates voluntarily in the sporting activities organised through Sportivoo, being solely and exclusively responsible for assessing (i) their own physical fitness and state of health, and (ii) the suitability of the facilities, equipment and environmental conditions in relation to the sporting activities in which they intend to take part.

Accordingly, to the extent permitted by applicable law, the User expressly releases from all liability (i) 3102, (ii) the sports facilities where the activities take place, and (iii) the other Users who organise or take part in the sporting activities, for any damage, injury, accident or harm to health that may result from participation in the sporting activities, save in cases of wilful misconduct or gross negligence.

6.7. With regard to Events for which real-time location can be enabled, the User acknowledges that this feature may make their geographic location visible according to Sportivoo's settings and the consents given, and undertakes to enable it in an informed manner.

6.8. The Organiser is solely and exclusively responsible for the accuracy of the economic information relating to the Event, the lawfulness of the payment method indicated, and the management of the economic relationships with the participants in the Event and with the sports facility.

7. Representations and warranties of 3102

7.1. Sportivoo is provided "as is" and the User agrees to use it at their own risk. To the maximum extent permitted by applicable law, 3102 gives no warranty, express or implied, regarding Sportivoo, including, by way of example but not limited to, implied warranties of merchantability, fitness for a particular purpose, accuracy of data, integrity of content or non-infringement of third-party rights. 3102 does not warrant that Sportivoo will meet the User's needs, that the operation of Sportivoo will be uninterrupted or error-free, or that any defects in Sportivoo will be corrected.

7.2. 3102 is not liable for damage that is not attributable to its own breach or its own unlawful conduct, nor for damage arising from improper use of Sportivoo by the User or by third parties; from information, content or conduct attributable exclusively to other Users or third parties; or from unavailability or malfunctions attributable to third-party providers, telecommunications networks, digital stores or external causes not attributable to 3102, without prejudice to the provisions of law.

Nor is 3102 liable for any damage, harm, breach of confidentiality or consequences of any nature arising from the sharing of an Event or of content related to it on social network platforms or third-party messaging applications, or for the use that such third-party platforms may make of the data transmitted through the relevant sharing features. Likewise, 3102 is not liable for disruptions, unavailability or malfunctions of the third-party calendar applications used by the User.

7.3. 3102 is not responsible for the data and information shared between Users through their personal profile.

7.4. 3102 is not a party to any contractual relationship concluded between the User and a sports facility, nor to the economic relationship between Users concerning participation in individual Events, including amounts due, payment methods, refunds, payment disputes or defaults.

The User is solely liable towards third parties for their own unlawful conduct or conduct otherwise contrary to this Licence.

To the extent permitted by law, the User shall reimburse 3102 for any losses, costs, expenses or penalties arising from breaches attributable to the User.

7.5. Please note that AI Content is automated and purely informative in nature, and is in no way suitable for competitive, medical, professional or technical purposes. 3102 does not warrant that AI Content is complete, accurate, up to date or free from errors.

Similarly, Ratings may be based on feedback, aggregate parameters or automated logic. 3102 does not warrant that Ratings comprehensively express the User's personal, sporting or reputational qualities, without prejudice to the provisions of the Privacy Policy regarding transparency, challenge and human intervention.

7.6. 3102 declares that Sportivoo is not subject to the rules of the European Electronic Communications Code (Directive (EU) 2018/1972) and its implementing legislation, not even as regards the in-app messaging component, since this is entirely ancillary and not structural in relation to Sportivoo, being intended solely for the purpose of coordination between Users for the booking of matches, events and sports facilities.

8. Assignment of the Licence

8.1. The User hereby agrees that 3102 may assign the Licence or sub-license Sportivoo to third parties. In such a case, prior notice of the assignment will be given to Users, who may choose whether to withdraw from the Licence by deleting their Account, or to accept the new terms of the Licence.

9. Language, applicable law and jurisdiction

9.1. In the event of conflicts of interpretation, ambiguity or discrepancy between versions of the Licence drafted in different languages, the Italian text shall prevail.

9.2. The contractual relationship between 3102 and the User is governed by Italian law, without prejudice to the application of mandatory consumer protection rules of European origin. For matters not expressly provided for, the Licence refers to the Italian Consumer Code. However, a User residing outside Italy but within the European Union or the United Kingdom may benefit from the rules laid down by the law in force in their country of residence, where these constitute mandatory protective rules or are more favourable to the User.

9.3. Without prejudice to the application of mandatory protective rules of European origin for the benefit of the User, any dispute relating to the application, performance, interpretation or termination of the Licence, or otherwise connected with the Licence, shall be subject to Italian jurisdiction, and the competent court for such disputes shall be the Court of the place of the User's domicile or residence, if located within Italian territory.