Sport Spacing Terms Of Sales

License Grant. Subject to these Terms, Company grants You a limited, non-exclusive, non-transferable, revocable license to access and use the App solely to review anonymized, non-personal performance data generated by Pro Spacing Kit wearables during basketball training [or competition], and solely in connection with Pro Spacing Kit units purchased from Company. Unless otherwise agreed in writing, each license is for use by a single designated coach or authorized staff member per subscription. No other rights are granted.

Subscription Term and Renewal. Access to the App is provided on a subscription basis. If You have received a complimentary subscription period (such as six months following purchase of a Pro Spacing Kit), continued access to the App after expiration of the complimentary period is subject to payment of Company’s then-current subscription fees and acceptance of any updated Terms of Use. Company will provide notice of applicable renewal fees and terms at least 30 days prior to expiration of the complimentary period. If You do not renew, access to the App and related services will be discontinued at the end of Your subscription period.

Account Credentials. You are responsible for maintaining the confidentiality of Your login credentials and for all activities that occur under Your account. You shall notify Company immediately of any unauthorized access or use. Company may suspend or terminate access if it believes any credentials have been compromised.

Data Privacy. The App is designed to process only device-level spacing and movement metrics that do not identify, and are not reasonably capable of identifying, any individual player. Company does not request or collect personal data from players. Nevertheless, You agree not to input or upload any personal data of players or other individuals into the App. Company’s Privacy Statement, available at  [https://www.sport-spacing.com/privacy] (or such other URL as Company may provide), explains how Company handles the limited data it receives. Company will comply with all applicable data protection and privacy laws in connection with the App.

Permitted Use. You may use the App to: (a) view and analyze spacing metrics; (b) export summary reports for internal coaching purposes; and (c) display results to players during instructional sessions. All use must be non-commercial and confined to the team or organization for which the Pro Spacing Kit units were purchased.

Prohibited Conduct. You shall not: (a) decompile, reverse-engineer, disassemble, or otherwise attempt to derive the source code of the App; (b) modify, adapt, translate, or create derivative works based on the App; (c) rent, lease, sublicense, sell, assign, distribute, or otherwise transfer the App or any data therein to any third party; (d) use the App to infringe, misappropriate, or violate the intellectual-property or other rights of any person; (e) interfere with or disrupt the App’s servers or networks; or (f) circumvent, disable, or otherwise interfere with security or usage-limitation features of the App.

Intellectual-Property Ownership. Company and its licensors retain all right, title, and interest in and to the App, the Pro Spacing Kit firmware, all associated software, analytics, and user interface elements, together with all related intellectual-property rights. Except for the limited license expressly granted herein, no rights are granted by implication, estoppel, or otherwise.

Updates. Company may develop patches, fixes, or new versions of the App (“Updates”). Company may deploy Updates automatically or require installation by You as a condition of continued use. All Updates are deemed part of the App and subject to these Terms.

Term; Termination. These Terms commence when You first use the App and continue until terminated. Company may terminate or suspend Your access immediately and without notice if Company believes You have violated these Terms. If You do not renew Your subscription at the end of any subscription period, Your access to the App and all related services will be automatically discontinued, and Company shall have no further obligation to provide access or retain any data. Upon termination, You shall cease all use of the App and destroy any copies in Your possession. Sections 4, 6, 7, 9, 10, 11, 12, and 13 shall survive termination.

Disclaimers. THE APP AND ALL DATA PROVIDED THEREIN ARE OFFERED “AS IS” AND “AS AVAILABLE.” COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. COMPANY DOES NOT WARRANT THAT THE APP WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT DATA WILL BE ACCURATE OR RELIABLE.

Limitation of Liability. TO THE MAXIMUM EXTENT PERMITTED BY LAW, COMPANY SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, DATA, OR GOODWILL, ARISING OUT OF OR RELATED TO THE APP OR THESE TERMS, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. COMPANY’S AGGREGATE LIABILITY SHALL NOT EXCEED FIFTY DOLLARS (US $50) OR THE AMOUNT PAID FOR THE APP SUBSCRIPTION DURING THE SIX (6) MONTHS PRECEDING THE EVENT GIVING RISE TO LIABILITY, WHICHEVER IS GREATER.

Indemnification. You shall indemnify, defend, and hold harmless Company, its affiliates, directors, officers, employees, and agents from and against any and all claims, liabilities, damages, losses, and expenses (including reasonable attorneys’ fees) arising out of or in any way connected with (a) Your breach of these Terms, (b) Your misuse of the App, or (c) any violation of applicable law or the rights of a third party by You.

Governing Law; Dispute Resolution. These Terms shall be governed by the laws of the State of [Israel]/[New York] excluding its choice-of-law rules. Any dispute arising under or in connection with these Terms shall be resolved exclusively in the state or federal courts located in [Tel Aviv, Israel]/[New York County], and the parties hereby consent to personal jurisdiction and venue therein and waive any objection based on forum non conveniens.

Amendments. Company reserves the right to modify these Terms at any time. Material changes shall be communicated through the App or via email. Continued use after the effective date of any modification constitutes acceptance of the revised Terms.

Miscellaneous. These Terms constitute the entire agreement between You and Company regarding the App and supersede any prior agreements on the same subject. If any provision is held invalid, the remaining provisions shall remain in full force. No waiver by Company of any breach shall constitute a waiver of any other or subsequent breach. You may not assign these Terms without Company’s prior written consent; Company may assign without consent. No agency, partnership, joint venture, or employment relationship is created by these Terms.