Last updated: 2021-01-19

Our Services

Spiideo AB (“Spiideo”, “us”, ” we”, or “our”) provides a digital cloud-based platform consisting of a number of applications and services allowing recording, playback, analysis and sharing of sport activities (“Spiideo Perform”) as well as broadcasting/streaming such sport activities live or on-demand (“Spiideo Play”, and collectively with Spiideo Perform, the “Services”) using specific camera systems that are installed in sports arenas or training facilities and mobile cameras.

The Services are offered to customers (B2B), that primarily are clubs, leagues and other sporting organizations as well as media companies and rights holders, under a subscription model (“Business Customers”). Business Customers that have subscribed to Spiideo Perform can view recordings of sports activities (“Spiideo Perform Content”), and that have subscribed to Spiideo Play have the possibility, through us, to offer you as a user to watch games and other sporting activities that are scheduled for broadcasting/streaming on Spiideo Play (“Spiideo Play Content”; collectively, Spiideo Perform Content and Spiideo Play Content are referred to as “Spiideo Content”). Please note that availability of Spiideo Play Content may vary or otherwise be restricted depending on where you as a user are located or on broadcasting/streaming rights.

User Account and access to Services

In order to access and use the Services (and e.g. watch Spiideo Content) as a representative or guest of a Business Customer under its subscription and/or watch Spiideo Play Content for private use, you need to create a user account with us. You can create a user account (“User Account”) by registering at our websites www.spiideo.com, play.spiideo.com and www.spiideo.net and at our mobile application and approve these Terms and Conditions of Use (“Terms”, “Terms and Conditions”) that you should read carefully before using any of the Services.

When you have created a User Account with us you can access:

1. our Services under a subscription of a Business Customer as a representative or guest of such Business Customer (requires approval of the administrator of the Business Customer’s subscription account); or
2. available Spiideo Play Content (a) by purchasing access to a specific scheduled sporting activity (pay-per-view) or (b), if possible, by purchasing a subscription for a selected package of Spiideo Play Content for a pre-determined period as specified at the purchase; or
3. available free Spiideo Play Content by selecting a scheduled specific sporting activity.

Your access to and use of any of the Services, including to watch Spiideo Content, is conditioned upon your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Services. By accessing or using any of the Services you agree to be bound by these Terms. If you disagree with any part of the Terms then you may not access any Services.

When you are registering your User Account, as well as when you use the Services, we will collect certain personal information on you. You can read more about the information we collect and for what purposes it is processed in our privacy policy at https://www.spiideo.com/privacy.

Your credentials (the selected user name and password for your User Account) are used to authenticate your access and use of Services through your User Account. Your credentials shall be kept confidential and not be shared with any third party. If you suspect that any other person is using your credentials to access your User Account, you should notify us of the unauthorized use and change your password. If we suspect that another person is using your credentials we reserve the right to stop access to the Services from your User Account. We may also require that you change your password from time to time.

Subject to your compliance with these Terms, including payment obligations, we will make available the Services in accordance with the applicable subscription or access ordered. You acknowledge that your decision to use the Services is not reliant or dependent on the availability of any current or future functionality or features, or on any oral or written public or private comments or representations made by us. You may not use the Services if you are barred from doing so under the laws of the United States or other countries including the country in which you are resident or from which you use the Services.
You agree and consent to receive email messages from us, which may be transactional, for account management purposes, or for communications relating to or provided as part of the Services, including notifications related to support, administrative notices and service announcements or changes. For purposes of service messages and notices about the Services to you, we may place a banner notice across site pages to alert you to certain changes such as modifications to these Terms. Alternatively, notice may consist of an email from us to an email address associated with your account, even if we have other contact information. You also agree that we may communicate with you in relation to your account and these Terms through your account or through other contact information that you have provided to us, including email, mobile number, telephone, or delivery services.

We retain all right, title and interest in and to the Services and all associated intellectual property rights. We grant no licensed rights to our patents. The user interface, user experience, icons, presentation layer and elements, reports, layouts, and screen displays of or generated by the Services are our copyrightable content, our trade dress and our trademarks and servicemarks. You will not use, reproduce, distribute, or deploy the Services, except for your own personal use as regards Spiideo Play Content or for the operations of the Business Customer you represent or has invited you, and solely in accordance with these Terms.
   

Certain rights and responsibilities

1. You must be at least 13 years old to register a User Account and at least 18 years old to make purchases of Spiideo Play Content. By registering a User Account you confirm that you can form a binding contract with Spiideo, meaning that if you are under the age of majority (most commonly, 18 years of age), your parent or legal guardian has reviewed and agreed to these Terms. The Services are not intended for children younger than 13 years old.
2. Spiideo Play Content may only be accessed for personal use through one device at the time, and may not be used for any commercial or public purpose (unless you are acting as administrator on behalf of the Business Customer from which the Spiideo Play Content originates). If you are accessing Spiideo Content as a representative or guest of a Business Customer, you may only use the Services for purpose of the operations of the Business Customer and comply with the instructions of the Business Customer.
3. You may not record, upload or post violent, nude, partially nude, discriminatory, unlawful, infringing, hateful, pornographic, sexually suggestive or otherwise, in our sole discretion, offensive photos, videos or other content via your User Account.
4. You are responsible for any activity that occurs through your User Account. You are solely responsible for your conduct and any data, text, files, information, usernames, images, graphics, photos, video recordings, profiles, audio and video clips, sounds, musical works, works of authorship, applications, links and other content or materials (collectively, “Content”) that you submit, post or display on or via your User Account. For avoidance of doubt, any content recorded, uploaded or otherwise posted as a representative of a Business Customer is governed by the agreement between us and such Business Customer.
5. You must not defame, stalk, bully, abuse, harass, threaten, impersonate or intimidate, or infringe the rights of, people or entities, and you must not post private or confidential information via your User Account, including, without limitation, your or any other person’s credit card information, social security or alternate national identity numbers, non-public phone numbers or non-public email addresses. You are, however, allowed to make purchases of Spiideo Play Content through our payment service provider.
6. You are solely responsible for your interaction with other users through your User Account. You agree that Spiideo is not responsible or liable for the conduct of any other user.
7. You may not access or otherwise use any of the Services for any illegal or unauthorized purpose. You agree to comply with all laws, rules and regulations (for example, federal, state, local and provincial) applicable to your use (for example when using the Service to create video recordings or sharing video recordings with other users or publicly) of any Service and your Content, including but not limited to, the laws of copyright and other intellectual property and privacy/publicity rights.
8. Your violation of these Terms may, in Spiideo’s sole discretion, result in termination of your User Account. You understand and agree that Spiideo cannot and will not be responsible for the Content posted on or through your User Account and you use the Services at your own risk. If you violate the letter or spirit of these Terms, or otherwise create risk or possible legal exposure for Spiideo, we may stop providing access to all or part of the Services to you.
9. You agree that you are responsible for all data charges you incur through any use of the Services.
10. Spiideo does not claim ownership of any Content that you record or post through your User Account. You hereby grant to Spiideo a non-exclusive, royalty-free and fully paid up, worldwide, perpetual, irrevocable, sub-licensable, assignable, and non-terminable right and license to use, reproduce, distribute, perform, display, broadcast, make available, modify, and make derivative works, collective works, and compilations of, without restriction (including via any mode or medium), for the purposes of providing the Services, any Content that you submit, post or display on or via your User Account, in whole or in part. Further, you agree that we are free to use and implement in perpetuity without compensation, attribution or obligation to you any feedback, benchmarks, requirements, suggestions, criticisms, improvements, recommendations, ideas, and error corrections provided by you to us relating to the Services. You hereby waive the enforcement of any rights you may have against Spiideo or any third party that would impair or frustrate the due and lawful exercise of the licenses granted in this section.
11. Some of the Services may be supported by advertising revenue and may display advertisements and promotions, and you hereby agree that Spiideo may place such advertising and promotions on the Service or on, about, or in conjunction with your Content. The manner, mode and extent of such advertising and promotions are subject to change without specific notice to you.
12. You represent and warrant that: (i) you own the Content uploaded or posted by you through your User Account or otherwise have the right to grant the rights and licenses set forth in these Terms; (ii) the posting and use of your Content does not violate, misappropriate or infringe on the rights of any third party, including, without limitation, privacy rights, publicity rights, copyrights, trademark and/or other intellectual property rights; (iii) if you are acting on behalf of a Business Customer, to comply with all the duties and obligations of such Business Customer in accordance with the agreement between us and the Business Customer; (iv) you agree to pay for all royalties, fees, and any other monies owed by reason of Content you post; and (v) you have the legal right and capacity to enter into these Terms.
13. We may, but have no obligation to, remove, edit, block, and/or monitor Content or User Accounts containing Content that we determine in our sole discretion violates these Terms.
14. Although it is Spiideo’s intention for the Services to be available as much as possible, there will be occasions when the Service may be interrupted, including, without limitation, for scheduled maintenance or upgrades, for emergency repairs, or due to failure of telecommunications links and/or equipment. You hereby accept that such interruptions may occur without any liability on our account.
15. In the event a third party claim is made against us as a result of your violation of these Terms or any third party rights, you agree to compensate us for any damage, loss and expenses we incur.

Purchases of Spiideo Play Content

1. Payments for purchases of Spiideo Play Content are made via the payment method(s) provided, and selected by you, in connection with the purchase. To collect payments Spiideo uses third party payment service provider(s) (“Payment Provider”) that may require you to accept their general terms and conditions for the payment service.
2. Your credit card information and other necessary payment details required to make purchases of Spiideo Play Content may be collected by the applicable Payment Provider. The Payment Provider used for credit card payments is approved in accordance with international security standards (PCI DSS Payment Card Industry Data Security Standard).
3. When purchasing a subscription with automatic renewal you will be charged at the first day of the current subscription billing period. You will have the right to unsubscribe at any time with one month’s notice, however, if a new billing period occurs during the notice period, the subscription will terminate first at the end of that period.
4. We reserve the right to change the recurring fee for any subscription purchased with at least 60 days notice before the new fee will become effective and charged. If you do not accept the new fee you will have the right to cancel your subscription before the new fee becomes effective, provided, that we receive such cancellation at the latest one month before the new fee is charged for the first time.
5. You must procure that sufficient funds are available on your credit card or for other payment methods when payments are due. In case of failure hereof, we have the right to make new attempts to charge you until payments is made. In the event of late payments, we also reserve the right to suspend your access to purchased Spiideo Play Content until payment is made and charge you default interest pursuant to applicable law. If you are in default for more than 30 days, we reserve the right to forthwith cancel your subscription/purchase.

Consumer rights

1. When you are purchasing Spiideo Play Content you are regarded as a consumer. As these Terms are governed by Swedish law, we will adhere to the applicable Swedish consumer protection standard as set forth herein.
2. Your purchases of Spiideo Play Content as a consumer may be subject to the Swedish Act on Distance Contract (SFS 2005:59), which entitles you to regret your purchase within 14 days of the purchase and receive a full refund. The 14-days period begins when your receive confirmation of your purchase. However, please note, that you will forfeit your right to regret your purchase and receive a refund if and when you start to watch purchased content or otherwise consummate your purchase. By starting to watch purchased content or otherwise consummate your purchase, you consent to the forfeiture of your right to regret (cancel) your purchase. If you wish to use your right to regret your purchase you must contact us before the end of the 14-days period. You can find additional information on your consumer rights at the website of the Swedish Consumer Agency (www.konsumentverket.se) or on the EU website (https://europa.eu/youreurope/citizens/consumers/index_en.htm).
3. If interruptions or other errors occur in respect of the purchased Spiideo Play Content, you must make a complaint by contacting us without undue delay. Complaints that are made within two months after you have detected, or reasonably should have detected, the error shall always be regarded as complaint made without undue delay.
4. Provided that a complaint has been made in due time and we are liable for the error, you will receive a voucher code that provides you with access to Spiideo Play Content to a certain value as compensation, or, if we find it appropriate, a refund.
5. If you are residing in a jurisdiction outside of Sweden from which we allow purchase of Spiideo Play Content, we acknowledge that additional mandatory consumer rights may apply in respect of your purchase. To the extent such applicable consumer rights holds a higher standard than the applicable Swedish consumer protection standard and you correctly invoke such rights, we will comply therewith.
6. Nothing in these Terms is intended to abrogate or limit rights under applicable privacy laws.

Modifications and Termination

We reserve the right to modify or terminate the Services or your access to the Services for any reason, without notice, at any time, and without liability to you. If we terminate your access to the Services your recordings, photos, comments, likes, and all other data will no longer be accessible through your User Account, but those materials and data may persist and appear within the Service. Upon termination, all licenses and other rights granted to you in these Terms will immediately cease. If you have made any purchase under these Terms that are affected by the modification or termination, we will provide you with a refund.

Links To Other Web Sites

Our Services may contain links to third party web sites or services that are not owned or controlled by us.

We have no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such web sites or services.

Spiideo engages Amazon Web Services, Inc. (“AWS”) to provide public cloud hosting services enabling delivery of the Services. You agree to comply with the AWS Customer Agreement at http://aws.amazon.com/agreement/, and related AWS policies, as they apply to you (collectively, the “AWS Agreement”). You will refrain from taking any action or failing to take any action that may lead to Spiideo’s non-compliance with the AWS Customer Agreement.

Disclaimer of Warranties; Limitation of Liability

TO THE MAXIMUM EXTENT POSSIBLE UNDER APPLICABLE LAW, we provide the Services on an as-is, as-available basis with all faults, and WE DISCLAIM ALL WARRANTIES OF ANY KIND WITH RESPECT TO THE SERVICES, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. Specifically, we make no warranty that (a) the Services will meet your requirements, goals or needs, (b) Services access will be uninterrupted, timely, secure or error-free, or (c) any errors or deficiencies in the Services will be corrected. Because no online system is perfectly secure or reliable, the internet is an inherently insecure medium, and the reliability and security of hosting services, internet intermediaries, your internet service provider, and other application or service providers cannot be assured, you accept such inherent security risks associated with your use of the Services.

In no event will Spiideo, its affiliates, or its and its affiliates’ officers, directors, employees or agents, be liable to you for any direct, indirect, incidental, special, punitive, or consequential damages whatsoever resulting from any (i) errors, mistakes, or inaccuracies of the Services or Content, (ii) damages of any nature whatsoever (including property damage or loss, or reliance damages), resulting from your access to and use of, or inability to access and use our Services and Content, (iii) any unauthorized access to or use of our secure servers and/or any and all personal information and/or financial information stored therein, (iv) any termination, interruption or cessation of Services or access to Content, (v) any bugs, viruses, trojan horses, or the like, which may be transmitted to or through our Services by any third party, and/or (vi) any errors, inaccuracies or omissions in any Content or in the Services, or for any loss or damage of any kind incurred as a result of your use of and Content posted, emailed, transmitted, or otherwise made available via the Services. Liability is so limited and excluded, whether based on warranty, contract, tort, or any other legal theory, and whether or not we have been advised of the possibility of such damages. The foregoing limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction. Nothing herein removes or limits our liability for fraud, fraudulent misrepresentation, death or personal injury caused by negligence, and, if required by applicable law, gross negligence.

Changes

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. We urge you to keep yourself updated by returning to this website at a regular basis. If a revision is material we will provide at least 30 days’ notice, via an email address we have associated with your account, prior to any new terms taking effect, in which case you will be free to cancel your User Account and any subscription of Spiideo Play Content before effective date of the new terms. What constitutes a material change will be determined at our sole discretion.

Force Majeure

We will have no liability towards you in the event our Services and the providence thereof, including availability or functionality, is disturbed, interrupted, limited, prevented or delayed as a result of law, governmental decision or for any other reason beyond our control.

Governing Law and Disputes

All Non-US Residents:

These Terms shall be governed by and construed in accordance with Swedish law, without regard to its principles on conflicts of laws.
In the event of any dispute arising out of or in connection with these Terms, you agree to first try to solve the dispute with us by mutual agreement. If such an agreement cannot be reached, the dispute shall be settled by Swedish courts. If you are a consumer you may first refer the matter to the Swedish National Board for Consumer Disputes (ARN) (www.arn.se) directly or through the ECC Net (European Consumer Centres Network). The decision of ARN is to be considered as a recommendation on how the dispute should be resolved.

US Residents:

The “Subject Matter” (hereinafter defined as these Terms, the Privacy Policy, Content, and the Services), and any disputes between us and related to or concerning any of the Subject Matter (including tort as well as contract claims, and whether pre-contractual or extra-contractual) will be governed by the procedural and substantive laws of Delaware, USA, without regard to conflicts of laws rules that would call for the application of another jurisdiction’s laws, and to the maximum extent permitted by applicable law, the parties hereby waive the right to a jury trial for any such disputes. For clarity, this section is not intended to extend to non-residents of Delaware the benefits, rights, or privileges of Delaware law.

(a) Any disputes between or claims brought by you or us arising out of or related to the Subject Matter, including tort as well as contract claims, and whether pre-contractual or extra-contractual, as well as the enforceability of this section and the arbitrability of any disputes (subject to sub-sections (d) and (e) below) will be referred to and finally settled by (1) informal means as set forth in sub-section (b), and if such means are unsuccessful at resolving the dispute(s), (2) binding arbitration as specified in this section. Such arbitration will be conducted before a single arbitrator conducted by the American Arbitration Association (AAA), in accordance with (except as inconsistent with this section) the AAA Commercial Arbitration Rules (Expedited Procedures) in effect at the time of arbitration (current version available here), and venue for the arbitration will be any one of the following cities that is closest to your residence: New York City, New York; Chicago, Illinois; Denver, Colorado, or San Francisco, California. All arbitral proceedings, hearings and submissions will be in the English language. The parties agree that this section states the exclusive means of resolving disputes between the parties regarding the Subject Matter.

(b) Except for actions or claims described in sub-section (e)(2) below, we will first try to resolve dispute(s) between us informally and neither of us may start a formal arbitration proceeding for at least thirty days after one of us notifies the other of a dispute in writing. Notice of the dispute will include a brief written statement that sets forth the name, address, and contact information of the party giving it, the facts giving rise to the dispute, and the relief requested.

(c) The arbitration will be conducted without in-person appearances (as in a live hearing) if (1) the credibility of testifying witnesses is unnecessary to the resolution of the dispute; (2) the parties agree to waive in-person appearances; (3) the applicable arbitration rules permit waiver of or otherwise don’t require in-person appearances; (4) the claim does not exceed $10,000; or (5) the arbitrator determines that in-person appearances are unnecessary or unhelpful, or would be burdensome to any of the parties to the arbitration or to their staff. If in-person appearance is required, such hearings will be held via videoconference unless the arbitrator determines, in the arbitrator’s reasonable discretion, that a videoconference is not suitable. For clarity, nothing in these terms abrogates either party’s right to a transcription of all arbitration proceedings at such party’s own expense.

(d) The parties hereby waive the right to a trial by jury and agree to only bring claims in an individual capacity and not as a plaintiff or class member in any purported class, consolidated or representative proceeding. All disputes will be arbitrated only on an individual basis and not in a class, consolidated or representative action. The arbitrator does not have the power to vary these provisions. The validity and effectiveness of this sub-section (d) is not arbitrable.

(e) Notwithstanding the foregoing, nothing in this section will preclude the right and ability of either party to bypass arbitration and file and maintain at any time: (1) an individual action in any US small claims court of competent jurisdiction; or (2) an action for recovery of injunctive or provisional relief in any court of competent jurisdiction under the laws applicable thereto. Such actions, either party’s right to pursue such actions, and the validity and effectiveness of this section are not arbitrable. For clarity, nothing in these Terms will be construed as either party’s consent to the exercise of the jurisdiction of any court.

(f) Subject to sub-sections (d) and (e) above, all claims and disputes between the parties relating to the Subject Matter must be resolved using arbitration in accordance with this section. Should either party file an action contrary to this section, the other party may recover lawyers’ fees and costs associated with enforcing this section, provided that the party seeking the award has notified the other party in writing of the improperly filed claim, and the other party has failed to withdraw the claim in a timely fashion.

(g) Except to the extent required by law or in order to enforce arbitral awards in court, the parties shall keep confidential, make no public announcements regarding, and shall not disclose the existence of (1) any dispute, (2) the existence or details of the arbitration proceeding, and (3) all related documents, materials, evidence, judgments and awards therein.

(h) The arbitrator will apply the law specified above, without regard to conflicts of law rules. If you are a US resident, the parties agree that these Terms evidence a transaction involving interstate commerce and that the Federal Arbitration Act, 9 U.S.C. § 1 et seq., will govern the interpretation and enforcement of this section.

(i) The parties acknowledge that if one or more provisions of this section is found to be unenforceable, invalid, preempted or unlawful for any reason, the parties’ intention is to (1) maintain the enforceability of such invalid or unenforceable provision in any circumstances other than those this in which the provision is held to be unenforceable, (2) modify such provision to the extent the provision can be rendered enforceable, and (3) sever such invalid or unenforceable provision from the remaining section so as to preserve as much of the remaining as possible, so that such provision will not impact the ability to compel arbitration of any remaining claims on an individual basis.

Business Customers:

For avoidance of doubt, to the extent you are acting on behalf of a Business Customer, the relevant governing law and disputes provisions of the agreement between us and the Business Customer shall apply.

Assignment

These Terms will not be assigned, delegated, or transferred by you, in whole or in part, whether voluntary, involuntary, by merger, consolidation, dissolution, sale of assets, or otherwise, without our prior written consent. Any such purported assignment, delegation or transfer without such written consent will be void. We may at any time assign these Terms without prior consent or notice. These Terms will be binding on, and inure to the benefit of, the parties and their respective and permitted successors and assigns.

Contact

If you have any questions about these Terms, please contact us. Information and messages from us will be sent to the email address connected to your User Account, which we are entitled to regard as your correct address at all times. If you change your email address, you should update your profile in the User Account without delay.