The present Terms of Use, including all schedules and annexes thereof, as well as any other documents referenced herein, not including the Privacy Policy available at https://sqillerapp.com/privacy-policy/ as such notice is a stand-alone document (jointly referred to as “Terms”) apply to the use of the SQILLER app (“App”) and of the website of the App available at https://sqillerapp.com/ (“Website”) (hereinafter both individually and jointly referred to as “Digital Content” as well), and/or other digital services, content and software made available for entertainment / informational purposes thereon, if any (“Services”). In case of any discrepancy or contradiction between the present Terms of Use and any other elements listed as parts of the Terms, the former shall prevail.
The Digital Content is operated by TEQBALL Kft. (a company incorporated in Hungary under registration number 01-09-174699, having its registered office at 5-7 Expo tér, H-1101 Budapest, Hungary) (“Teqball” / “We” / “Our” / “Us”) based on the license granted by Teqball Holding S.à r.l. (a company incorporated in the Grand-Duchy of Luxembourg under registration number B 191050, having its registered office at 44, Avenue John F. Kennedy, L-1855 Luxembourg, Grand-Duchy of Luxembourg) (“Licensor”).
1.1 By accessing, downloading, installing, or using the Digital Content, whether or not one becomes a registered user, any such users and visitors (“User”, “You”, “Yourself”, “Your”) agree to be bound by these Terms, which You acknowledge to have read and understood.
1.2 We reserve the right, at Our sole discretion, to change, modify or otherwise alter these Terms at any time. You must review these Terms at on a regular basis to keep Yourself informed of any changes.
1.3 By using the Digital Content, You agree that the posting of new or revised Terms on or within the Digital Content shall constitute adequate and constructive notice to You of any and all revisions and changes. Continued use of the Digital Content after any such changes or after explicitly accepting the new Terms upon logging into your account shall constitute Your acceptance of such changes.
2.1. Sign up criteria
To sign up, please fill in the required data in the sign-up platform of the App. Anyone can sign up in order to have access to the App, however, please note that registration to certain In-App Events (see Section 4) are only available to persons complying with certain criteria defined in the Event Rules of the In-App Event concerned.
2.2. Technical rules related to Your account
You are fully responsible for maintaining the confidentiality of Your password and account, and for all activities that occur under Your password and account.
You hereby agree to: (i) immediately notify Teqball of any unauthorized use of Your password or account and any other related breach of security. Teqball cannot and will not be liable for any loss or damage arising from Your failure to comply with this section.
If You breach any of the Terms, Teqball may, in its sole discretion, with or without prior notice and at any time: (i) terminate Your access (whether restricted or not) to the Digital Content, in whole or in part; and/or (ii) deactivate or delete Your account and all related information and files as well as Your User Submissions (as defined below).
2.3. General representations by You
By setting up your account and submitting your registration, You acknowledge, certify and warrant that:
Further, You acknowledge that If You provide, or Teqball has reasonable grounds to suspect that You have provided, any information that is untrue, inaccurate, not current or incomplete, or Teqball otherwise reasonably considers that You have failed to comply with any provisions of these Terms, Teqball has the right to suspend or terminate Your account and refuse You any and/or all current or future use of the Digital Content (or any portion thereof).
2.4. Warranty of fitness
You understand that the physical activity involved with playing games using the App is a strenuous one requiring appropriate physical fitness. You warrant that You are sufficiently fit to play games using the App safely and that You have no injuries or conditions that may worsen due to Your usage of the App or that may lead to their injury.
2.5. Unregistered Users
You understand that in case you use the Services (including in particular the App) without registration, you may not avail yourself of the full scope of services otherwise available. Therefore, you acknowledge as unregistered User that you may not, among others:
(i) Enter In-App Events;
(ii) Save your videos recorded of your favorite movements/drills.
3.1. General
SQILLER is a virtual physical sport played with a soccer ball, in which Users are prompted to copy, in real life, sample drills of varying degrees of difficulty that are automatically displayed on videos in the app during each session, and their performance is evaluated automatically by SQILLER’s artificial intelligence mechanisms.
Users can choose from different game modes such as: “BATTLE”, “SINGLE”, “TIME-RUN” and “TARGET-RUN”. The specific rules for each of those game modes are described in the application, upon opening the given game mode.
Users shall use a SIZE 5 soccer ball for paying SQILLER.
You shall find an appropriate place and shall dress in an appropriate sportswear to play games using the App to avoid damages and injuries. You shall make sure that Your surroundings are safe and spacious enough not to cause any injury or damage.
Entrants may not engage in or attempt to engage in any unethical, suspicious or fraudulent activity resulting to the circumvention or breach of the present Terms.
Registered Users may, at any time, save the video of their best drill in their own SQILLER account. The creation and use of such video is subject to the Terms.
3.2. In-App Events
From time to time, We, or other member organizations of the TEQBALL Group[1] (hereinafter referred to as “Affiliates”) [Teqball and such Affiliates hereinafter jointly as the “In-App Event Organizers”], may organize separate in-App events (including but not limited to tournaments, cups, etc. with or without prizes).
In-App events organized by Teqball will hereinafter be referred to as “Original Event(s)”.
In-App events organized by Affiliates will hereinafter be referred to as “Affiliate Event(s)”.
Original Events and Affiliate Events will hereinafter jointly be referred to as “In-App Event(s)”.
Without prejudice to these Terms, In-App Event Organizers are free to specify the terms and conditions of the In-App Event concerned (hereinafter the “Event Rules”), the acceptance of which is a condition of registering to the In-App Event. Registration to an In-App Event may be restricted to registered users fulfilling special conditions (e.g. related to age, place of residence, etc.) as determined by the In-App Event Organizers.
3.2.1. Original Events
Below You can find the basic terms and conditions for Original Events. The below terms and conditions are only for informational purposes. We might, as part of the Event Rules, specify further terms and conditions to a given Original Event and/or specify the terms and conditions to the given Original Event differently from the ones below, the acceptance of such Event Rules being a condition of registering to the given Original Event. Insofar as the Event Rules differ from the terms and conditions below, the former shall prevail in relation to the given Original Event.
3.2.1.1. Entry requirements: entrants to the Original Events have to meet the following eligibility criteria:
3.2.1.2. Entry methods: entrants will be able to sign up for an Original Event the following ways:
iii) using their Apple ID
3.2.1.3. Entry fee: entrants might be required to pay entry fee in order to sign up for an Original Event. If applicable, the amount, and the method of payment, of such entry fee will be specified in the Event Rules.
3.2.1.4. Original Event Duration: entrants will be able to sign up for an Original Event between the Start Date and End Date specified in the Event Rules.
3.2.1.5. Gameplay:
The Gameplay rules specified in Section 3.1. of the present Terms and Conditions shall be duly applicable, with the specifications provided for by the Event Rules.
Entrants will be ranked in a descending order based on the accuracy in which they copy the sample drills.
Teqball reserves the right to disqualify any entrants deemed acting in breach of the Terms/Event Rules. Organizer is entitled to perform its own investigation in connection of any perceived or potential breach of the Terms/Event Rules. Entrant must cooperate with Teqball in this respect, and voluntarily agree that their relevant personal information and data may be used by Teqball to this end. Entrant’s lack of, or insufficient, cooperation may, at the sole discretion of Teqball, lead to exclusion from the Original Event without any liability of Teqball to the entrant.
3.2.1.6. Selection of winners: The winner(s) will be selected from among the eligible Entrants based on top scores from application of the judging criteria specified in the Event Rules. In the case of a tie on the leaderboard, entrants holding the same scores will each be awarded a prize for the applicable category.
3.2.1.7. Prizes:
The prizes and their approximate value will be specified in the relevant Event Rules.
After the End Date, Teqball will contact the winners to obtain relevant personal information necessary to i) verify the entrant’s eligibility and identity and ii) to ship the prize to a shipping address of their choice.
Teqball will endeavor to ship the prizes within 10 (ten) days following the receipt of all information from the winner, free of charge. Such time may vary depending on the shipping address specified by the winner, and external circumstances such as the current availability and capacity of delivery service providers. Teqball will attempt the shipping once. Should the shipping attempt be unsuccessful due to incorrect or incomplete data provided by the winner, or otherwise not attributable to Teqball, the winner may no longer claim the prize. Organizer shall duly inform Entrant of the unsuccessful shipping attempt and the related consequences detailed herein.
Prizes cannot be exchanged for money or other prizes, or be returned to Teqball or any of its subsidiaries, affiliates, contractors, agents or third-party suppliers. Teqball provides the prizes “as is” without any express or implied warranty.
Entrant warrants that for any and all liabilities arising under the taxation, social security and other benefits laws of the state where the entrant is domiciled, Entrant shall be solely responsible with respect to the provision and handing over of the merchandize price, if any. Teqball shall in no case be liable for any such obligations and entrant shall indemnify Teqball in case entrant does not comply with the relevant laws.
3.2.1.8. Modification or cancellation of the Original Event: Teqball reserves the right, at its sole discretion, to modify the Event Rules, or cancel the Original Event, at any time. Teqball will duly notify entrants of such circumstance.
3.2.2. Affiliate Events
Affiliates may use the App for the purposes of organizing the Affiliate Events based on a license granted by Teqball thereto, however, the Affiliate in question shall remain solely responsible for the organization of the Affiliate Event.
(i) Intellectual Property of Teqball
4.1 Subject to Section 4(ii) (User Submissions) and Section 4(iii) (Third Party Content), Teqball is the owner and/or – in accordance with the second paragraph of the preamble to these Terms of Use – the beneficial holder of the copyright and all intellectual property rights in and to the Digital Content, and to all information, data, text, software, music, sound, photographs, graphics, videos, messages, feeds offered through and displayed/presented on the Digital Content, the application programming interface (“SQILLER API”), and any other material on the Digital Content (together the “Content”).
4.2 The Digital Content include Content: (i) provided by Teqball (“Teqball Content”); (ii) that is uploaded, posted, submitted or otherwise transmitted by Users of the Digital Content (“User Submissions”); and (iii) that is uploaded, posted, submitted or otherwise transmitted by third parties, including in the form of links or feeds from or to other websites or resources (“Third-Party Content”).
4.3 Content may not be used, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed or otherwise exploited for any other purposes than for accessing and using it on the Digital Content save as permitted pursuant to Section 5.2 below. For that sole and exclusive purpose, Teqball grants You a limited, revocable, non-exclusive, royalty-free license to access the Digital Content and use the Content strictly for the purpose of using the Digital Content privately for non-commercial purposes, in accordance with these Terms. Teqball and/or its licensors reserve all rights on the Digital Content and the Content. Further, You shall not contest, dispute, challenge, oppose or seek to cancel right, title or interest of Teqball, Licensor and/or the TEQBALL Group in or to the Content. You shall not apply for registration of the Content or any intellectual property substantially similar, in whole or in part, thereto.
(ii) User Submissions
4.4 You retain all rights in any User Submission that You provide on the Digital Content. You shall be solely responsible for Your own User Submissions and the consequences of uploading them.
4.5 The Digital Content may provide, in some cases, unfiltered access to User Submissions. You hereby acknowledge and agree that Teqball only acts as a platform for such User Submissions and that We are not liable for such content posted on the Digital Content, whether arising under intellectual property laws, libel, privacy, obscenity, or otherwise. Teqball cannot, nor does it undertake any obligation to, control User Submissions. Teqball does not make any representation or warranty, express or implied, as to User Submissions.
4.6 You represent and warrant that Your User Submissions: (i) shall not infringe any copyright, patent, trademark, trade secret, or other proprietary rights or right of publicity or privacy, including for any use by Teqball pursuant to the license granted under Section 4.7; (ii) shall not violate any law or regulation; (iii) shall not be defamatory or trade libelous; (iv) shall not be obscene or contain pornography; (v) shall not include incomplete, false or inaccurate information about Yourself or any information about any other individual; and (vi) shall not contain any viruses, Trojan horses, worms, time bombs, cancelbots or other computer programs that are intended to damage, detrimentally interfere with, surreptitiously intercept, exploit or expropriate any system, data or personal information. You, in particular, represent and warrant that You have the written consent, release, and/or permission of each and every identifiable individual in any User Submission to use their name or likeness.
4.7 You grant Teqball an irrevocable, worldwide, non-exclusive, royalty-free, perpetual, sub-licensable and transferable license to use, reproduce, distribute, prepare derivative works of, display and perform User Submissions in connection with the Digital Content or Teqball’s (its successor’s and the TEQBALL Group’s) business for any purpose, including promoting and redistributing part or all of the User Submissions (and derivative works thereof) in any and/or all media formats and through any and/or all media channels.
4.8 You hereby acknowledge and agree that Teqball has no obligation to post any User Submission from You or anyone else. In addition, Teqball may, at its sole discretion, edit, remove or delete any User Submission that You post or submit, as well as terminate Your access to the Digital Content without notice if, in its opinion, such User Submission infringes another individual’s intellectual property rights or otherwise does not comply with any provision of these Terms. In particular, Teqball reserves the right to determine the final design, layout and functionality of the Digital Content, which may involve the review, formatting and editing of User Submissions.
(iii) Third-Party Content
4.9 You acknowledge that Digital Content may contain Third-Party Content. Teqball has no control over Third Party Content, including APIs, links or feeds from or to other websites or resources. You hereby acknowledge and agree that Teqball is not responsible for the availability of external sites or resources, does not endorse, and is not responsible or liable for, any Third-Party Content available on such sites or resources. When You access other websites from links on the Digital Content, those websites may operate under different legal terms and privacy policies. We encourage You to read the legal terms and privacy policies for each such website. These other terms and policies will apply to You when You use these third-party website or services. We have no control over such third-party websites. You further acknowledge and agree that Teqball shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to have been caused by or in connection with the use of, or reliance upon, any Third-Party Content, goods, services or any other material available on or through any APIs, links or feeds from or to other websites or resources.
5.1 You are not permitted to use any Teqball and/or Third-Party Content, names, logos, pictures or trademarks, unless separately and previously agreed to in writing by the relevant rights holder. Any request to use the Teqball IP (see Section 7 below) should be submitted to [email protected].
5.2 You acknowledge that unless You have obtained prior written consent from Teqball, You are not permitted to use any area of the Digital Content (either directly within the Digital Content or by linking to other sites) for any commercial purposes, such as by selling or offering for TEQ™ or other products, services, merchandise or other services.
5.3 You may use the Digital Content and the Content only for lawful purposes and in accordance with these Terms. In addition to other prohibitions as set forth in these Terms, You are prohibited from using the Digital Content and the Content:
Additionally, You agree not to:
6.1. Among others, Teqball is the owner and/or – in accordance with the second paragraph of the preample to these Terms of Use – the beneficial holder of the word mark “SQILLER” and other trademarks, designs and other intellectual property rights (the “Teqball IP”). Aside from the right granted to You under section 4.3 and 5.4. to use the Teqball Content (which may include some of the Teqball IP), You agree not to display or use the Teqball IP, the Teqball Content or any other intellectual property owned or beneficially held by Teqball in any other manner without Teqball’s prior written consent.
7.1. Teqball respects the intellectual property of others. If You believe that any of Your intellectual property rights have been infringed on the Digital Content, please provide Teqball with the following information: name, last name, address, email address, type and extent of infringement (date, time, etc.) via [email protected].
8.1 Teqball reserves the right at any time to modify or discontinue, temporarily or permanently, the Digital Content, the Services, and the Content (or any part thereof) with or without notice. You hereby agree that Teqball shall not be held liable to You or to any third party for any modification, suspension or discontinuance of the Digital Content, Services and/or Content. Although Teqball will take reasonable care in ensuring that the Digital Content, Services, and Content are up to date, they may be out of date at any given time, and Teqball is under no obligation to update them.
By using the Digital Content, User agrees not to:
Teqball reserves the right to conduct screenings to identify any such behavior of any Users that are non-compliant with the provisions above and/or the present Terms in general, and to take the adequate measures provided for by the present Terms in order to counteract such behaviour.
10.1 If You access and use our Digital Content, You do so at your sole risk. The Digital Content, Services, and Content (including, without limitation, User Submission or Third-Party Content) are provided on an “as is” and “as available” basis. Teqball expressly disclaims, and You waive, all warranties of any kind, whether express or implied, in connection therewith, including, and without limitation, implied warranties of merchantability, fitness for a particular purpose, non-infringement of third-party rights, accuracy, availability, freedom from viruses, bugs, or malware and compatibility with any hardware, software, or operating system.
10.2 Teqball makes no warranty or representation that: (i) the Digital Content, Services and Content, and/or any information or other material obtained by, or available to, you through those will meet your requirements or expectations; (ii) the Digital Content, Services and Content will be uninterrupted, timely, secure, or error-free; or that (iii) any errors in the Digital Content, the Services, or the Content will be corrected.
10.3 Downloading or obtaining any material through the use of the Digital Content, Services or Content shall be done at Your own discretion and risk. You will be solely responsible for any damage to your phone/computer system or loss of data that results from downloading any such material.
10.4 Materials posted by Teqball on the Digital Content, Services, and Content are not intended to be considered to be reliable advice. No information, whether oral or written, obtained by You from Teqball, or through or from the Digital Content, Services or Content shall create any warranty or other obligation not expressly stated in these Terms (or any specific term), and Teqball disclaims all liability and responsibility arising from any reliance placed upon such materials by Users of the Digital Content or by anyone who may be informed of any of its Services or Content.
10.5. Teqball declines all liability for damage incurred as a result of the use of the Digital Content, Services, Content and Teqball IP, from the practical implementation of the information available on the digital content, or for Third-Party Content accessible via links or redirects on the Digital Content.
10.7. LIABILITY WAIVER
By accepting these Terms, you explicitly agree to the following:
I ACKNOWLEDGE THAT THE PHYSICAL ACTIVITIES PRESENTED ON THE APP ARE STRENUOUS AND REQUIRE A CERTAIN LEVEL OF PHYSICAL FITNESS. I AGREE THAT I AM VOLUNTARILY PARTICIPATING IN THESE ACTIVITIES AND ASSUMING ALL RISK OF INJURY OR MY CONTRACTION OF ANY MEDICAL CONDITION THAT MIGHT RESULT THEREFROM.
FURTHERMORE, I 1) WARRANT THAT I AM IN GOOD PHYSICAL CONDITION; 2) AGREE AND WARRANT THAT I AM ENGAGING IN THESE PHYSICAL ACTIVITIES SOLELY AT MY OWN RISK; AND 3) ACKNOWLEDGE AND AGREE ON BEHALF OF MYSELF (AND MY PERSONAL REPRESENTATIVES, HEIRS, EXECUTORS, ADMINISTRATORS, AGENTS AND ASSIGNS) TO RELEASE AND DISCHARGE TEQBALL (AND ITS SUBSIDIARIES, AFFILIATES, EMPLOYEES, AGENTS, REPRESENTATIVES, SUCCESSORS AND ASSIGNS) FROM ANY AND ALL CLAIMS OR CAUSES OF ACTION RELATED TO MY ENGAGEMENT IN SUCH ACTIVITIES (INCLUDING BODILY HARM, HEALTH DETERIORATION, DEATH, OR INJURY OR DAMAGES CAUSED TO PHYSICAL PROPERTY).
I ACKNOWLEDGE THAT I HAVE CAREFULLY READ THIS WAIVER AND RELEASE AND FULLY UNDERSTAND THAT IT IS A RELEASE OF ALL LIABILITY. I HEREBY WAIVE ANY RIGHT THAT I MAY HAVE, BY OR ON MYSELF, MY SPOUSE OR ANY CHILD (MINOR OR OTHERWISE), TO BRING LEGAL ACTION OR ASSERT A CLAIM FOR INJURY OR LOSS OF ANY KIND AGAINST ORGANIZER (AND ITS SUBSIDIARIES, AFFILIATES, EMPLOYEES, AGENTS, REPRESENTATIVES, SUCCESSORS AND ASSIGNS) ARISING OUT OF OR RELATING TO PARTICIPATION IN ANY OF THE ACTIVITIES.
11.1. You hereby agree to indemnify and hold Teqball and the TEQBALL GROUP, their licensors, licensees, officers, agents and other partners, and employees, harmless from any and all liabilities, losses, damages, claims, penalties, fines, costs and expenses, including, and without limitation, reasonable legal fees, that may arise in connection with: (i) Your use of and access to the Digital Content, Services or Content, Teqball IP, including, and without limitation, any User Submission or Third-Party Content, as well as Your connection to the Digital Content, Services or Teqball Content; (ii) Your failure to comply with any provision of the Terms; or (iii) any claim by a third party that any of Your User Submissions or any other use of the Digital Content, Services or Content by You infringes any intellectual property, other proprietary or privacy rights of such third party or has otherwise caused damage to a third party.
12.1 You expressly acknowledge and agree that Teqball and the TEQBALL Group shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including, but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if they have been advised of the possibility of such damages) regardless of the form of action, whether in contract, tort, strict liability or otherwise, including, without limitation, in relation to: (i) the use of or the inability to use the Digital Content, Services, Content or Teqball IPs; (ii) the cost of the procurement of substitute goods and services incurred through any goods, data, information or services being purchased or obtained, messages received or transactions entered into through or from the Digital Content, if any; (iii) unauthorized access to, or alteration of, Your transmissions of data; (iv) statements or the conduct of any third party on the Digital Content, Services or Content; (v) the impact of the Digital Content, Services or Teqball Content and any materials posted on them; or (vi) any other matter relating to the Digital Content, Services or Content.
12.2 You agree that, regardless of any statute or law to the contrary, any claim or cause of action arising out of, or related to, the use of the Digital Content, Services or Teqball Content, must be filed within one (1) year of such claim or cause of action.
12.3. Notwithstanding the above, as some states do not allow the exclusion or limitation of certain damages, some of the above disclaimers, exclusions or limitations may not apply to You. In such states, the liability of Teqball and the TEQBALL Group shall be limited to the greatest extent permitted by applicable law, and the total liability of Teqball and the TEQBALL Group in connection with Your access to and use of the Digital Content, Services, Content and Teqball IP and any loss or damage resulting therefrom shall not exceed EUR 500.00.
12.4. Nothing in these Terms shall affect the statutory rights of any consumer or exclude or restrict any liability for death or personal injury arising from the negligence or fraud by Teqball or the TEQBALL Group or any other liability (e.g. for intent or gross negligence), which cannot be excluded or limited under applicable law.
13.1 In the event that the provisions of these Terms conflict with the provisions of third-party Terms and Conditions on the Digital Content, the provisions of these Terms shall prevail.
13.2 Any failure by Teqball to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision.
13.3 If any provision of the Terms is found to be invalid, the parties nevertheless agree that the parties' intentions, as reflected in the provision, shall be given effect to the fullest extent practicable, and the other provisions of the Terms remain in full force and effect. The section titles in the Terms are for convenience only and have no legal or contractual effect.
13.4 You may not assign or transfer any of Your rights or obligations, or subcontract the performance of any of Your obligations, under these Terms. Teqball may assign or transfer any right or obligation, or subcontract the performance of any of its obligations, under these Terms to any third party at any time without Your consent.
13.5 The Terms and the relationship between You and Teqball shall be governed by the substantive laws of Hungary. All disputes in connection with these Terms are to be resolved by the courts of Hungary.
14.1. Please report any violations of the Terms to Teqball by sending us an email at [email protected].
Effective date: 10 October 2022