Terms and Conditions

0.General terms and conditions

Welcome to SportEaser Studio ("SportEaser Studio", "the Application", "we", or "us") and these Terms and Conditions (these "Terms"). These Terms are important and affect your legal rights, so please read them carefully.

By downloading, accessing or using SportEaser Studio, the sporteaser.app website and various related services (collectively, the "Service"), you agree to be bound by these Terms and all of the terms incorporated herein by reference.

SportEaser Studio is published and operated by SporteaserApp d.o.o., with head offices in Belgrade, Serbia.

These General Terms and Conditions (the "GTC") set the legal framework that governs access to and use of the Application and the Service. Access to and use of the Application requires your acceptance of the GTC in force at the time you access it, and which are subject to change at any time by SporteaserApp d.o.o. By accessing and using the Application, you are automatically bound by these GTC and any amendments made when you access or use the Application, and you accept that this agreement has the same value as an agreement in writing. If you do not agree with the GTC, you may not access or use the Application. Please read these GTC carefully, together with our Privacy Policy, before using the Application.

By accepting these Terms, you represent that you are 18 years of age or older and that, if you have accepted these Terms on behalf of any person or entity (for example a club, league or tournament organiser), you have legal authority to do so and that such person or entity agrees to be responsible to us if you or such person or entity violates these Terms.

If you do not agree to every provision of these Terms, you may not, and we do not authorise you to, access or use the Application or any of its features.

By accessing or using the Application, you represent and warrant that you have not previously been suspended or removed from the Service, or engaged in any activity that could result in suspension or removal.

These Terms may be revised at any time for any reason, and we may provide you notice of these changes by any reasonable means, including through the Application. You can determine when these Terms were last revised by referring to the "Last updated" date at the top of this document. Except where your express consent to revised Terms is required under data protection law, by continuing to access or use the Application you confirm your acceptance of the revised Terms.

1.Presentation of services

SportEaser Studio is a mobile application that allows you to broadcast and record sports events from a mobile device, with a live scoreboard and related graphics rendered into the video image.

The Application's main features are: (i) live broadcasting to third-party platforms and services over RTMP and comparable protocols, (ii) local recording of the video signal, (iii) a live scoreboard, match clock and statistics overlay, (iv) team, club and sponsor branding elements such as crests, banners and title cards, (v) match control functions for entering scores, points, fouls, substitutions and comparable events, and (vi) scoreboard layouts adapted to the sports supported by the Application.

Some or all of these features are only available to users who create a personal account.

The Application can be downloaded from Google Play and the Apple App Store. We may add, change or withdraw features at any time in accordance with Section 15.

2.Integration with other SportEaser products

SportEaser Studio is part of the SportEaser platform and is designed to work together with our other products, including SportEaser App, Scoreboard, Cafe Scoreboard, Scorekeeper and Host (together, the "Connected Services").

Where you use SportEaser Studio with a SportEaser account, data may be exchanged between the Application and the Connected Services. This may include teams, competitions, fixtures, participants, match events and results, so that a match can be selected in the Application and the data entered during a broadcast can be reflected in the Connected Services, and vice versa.

You acknowledge and agree that:

• use of each Connected Service is governed by the terms and conditions applicable to that service, in addition to these Terms;
• data you enter in the Application may be published through the Connected Services where those services are configured to display it, including publicly accessible results pages;
• you are responsible for the accuracy of the data you enter, and for having the right to enter and publish it;
• we may change, limit or discontinue any integration between the Application and a Connected Service at any time, and this may affect features of the Application that depend on that integration.

3.Device requirements, permissions and connectivity

Use of the Application requires a compatible mobile device and, for live broadcasting, an active internet connection of sufficient quality.

To provide its features, the Application requires access to certain device functions and will request the corresponding permissions, in particular the camera, the microphone, device storage and network access. You may refuse or withdraw these permissions at any time through your device settings, but the Application or parts of it will not function without them.

You acknowledge that internet connection and mobile data costs incurred by using the Application are subject to the terms and pricing of your own connectivity provider, and are your sole responsibility. You also understand the risks inherent in using the internet, including that the Application may be temporarily unavailable, risks regarding confidentiality and transmitted data, virus attacks, and comparable risks.

The quality, stability and continuity of a live broadcast depend on factors outside our control, including your device, your network, and the third-party platform you broadcast to. We do not guarantee that a broadcast will start, continue or complete without interruption.

4.Personal account

To benefit from our services, you may be required to create a personal account, or to sign in with an existing SportEaser account.

You agree to provide accurate and complete information when creating an account and to keep that information up to date. You are responsible for maintaining the confidentiality of your login credentials and for all activity that occurs under your account. You must notify us without delay at the contact address in Section 18 if you become aware of any unauthorised use of your account.

We may suspend or delete an account that is used in breach of these Terms, in accordance with Section 6.

5.Use of the Application

Unless otherwise indicated in writing by us, the Application and all content and other materials contained therein, including, without limitation, the SportEaser and SportEaser Studio logos and all designs, text, graphics, images, information, data, software, overlay templates and graphics packages, other files and the selection and arrangement thereof (collectively, "Content"), are the property of SporteaserApp d.o.o. or our licensors or users, as applicable, and are protected by the laws of the Republic of Serbia and by international copyright and other laws. This does not apply to User Content as defined in Section 7, which remains yours.

Subject to these Terms, you are hereby granted a personal, non-exclusive, non-transferable, non-sublicensable and revocable licence to access and use the Application and Content for the purposes for which they are provided.

Such licence is subject to these Terms and does not include any right to, and you shall not, directly or indirectly: (a) resell or otherwise commercially exploit the Application or Content, except by using the Application to produce broadcasts and recordings as intended; (b) distribute, publicly perform or publicly display any Content other than as part of your own broadcast produced with the Application; (c) modify, decompile, reverse engineer or otherwise make derivative uses of the Application or Content, or any portion thereof; (d) use any data mining, robots or similar data gathering or extraction methods; (e) download or copy any portion of the Application or Content except as expressly permitted by us; (f) use the Application to stalk, harass, threaten, film without authorisation, or otherwise violate the rights of others, including privacy rights and rights of publicity; (g) interfere with the Application or the servers or networks used in connection with it; or (h) use the Application or Content other than for their intended purposes.

Any use of the Application or Content other than as specifically authorised herein, without our prior written permission, is strictly prohibited and will terminate the licence granted herein. Such unauthorised use may also violate applicable law, including copyright and trademark law and applicable communications regulations. Nothing in these Terms shall be construed as conferring any right or licence to any patent, trademark, copyright or other proprietary right of SporteaserApp d.o.o. or any third party, whether by estoppel, implication or otherwise. You will not remove, alter or conceal any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Content, including any SportEaser branding displayed in the overlay where such branding is part of the plan you use.

We strive to make the Application available at all times, but we cannot guarantee service at all times without fault. We reserve the right to modify all or part of the Application at any time, including the right to delete, modify and alter its components, characteristics and features.

Without prejudice to our other rights or remedies, we reserve the right to temporarily or permanently suspend your access to the Application at any time and without notice if you breach any provision of these GTC. If we consider that you have made illegal or unauthorised use of the Application, we reserve the right to take any measures necessary, including terminating this agreement without notice and taking legal action.

6.Duration and termination

The GTC apply for as long as you use the Application. We may terminate these GTC at any time and prevent you from accessing the Application. If these GTC are terminated for any reason, the rights granted to you under them will also terminate and you will no longer be authorised to use the Application. You may terminate this agreement at any time by ceasing to use the Application and deleting it from your device.

Intellectual property

The Application and its content are protected by intellectual property rights, in particular copyright and related rights, which remain the exclusive property of our licensors and ourselves. These GTC must not be interpreted as transferring ownership of the Application to users. All rights relating to the Application that are not expressly granted to users are reserved for us.

7.User Content: broadcasts, recordings and match data

"User Content" means all video, audio, images, text, match data, team and sponsor branding and other material that you capture, enter, broadcast, record, upload or otherwise transmit using the Application.

Ownership

You retain all rights you hold in your User Content. By using the Application, you grant us a non-exclusive, worldwide, royalty-free licence to host, store, reproduce, transmit and display your User Content solely to the extent necessary to operate and provide the Service and the Connected Services you have chosen to use. This licence ends when the User Content is deleted from the Service, except for copies retained in backups for a limited period or where retention is required by law.

Your responsibility and warranties

You are solely responsible for your User Content and may be held legally liable for it. In relation to each broadcast, recording and publication you make using the Application, you represent and warrant that you hold, or have obtained, all necessary rights, licences, consents, authorisations and permissions, including in particular:

• the right to film and broadcast the event, granted by the organiser of the event, the competition or league, the participating clubs and the owner or operator of the venue, as required by the rules that apply to that event;
• the media and broadcasting rights to the event, or the permission of the party holding them; you must not broadcast or record an event whose media rights belong to a third party without that party's written authorisation;
• the consent of identifiable individuals appearing or heard in your User Content, for their image, voice and name to be recorded, broadcast and published in the manner in which you use them;
• where an identifiable individual is a minor, the consent of that minor's parent or legal guardian, obtained in accordance with the applicable law and with the rules of the competition, before the minor is recorded or broadcast;
• the rights to any music, graphics, logos, crests, sponsor materials or other third-party material that you include in a broadcast or recording.

You are responsible for complying with all applicable law when you record and broadcast, including data protection law, personality and image rights, and any local restrictions on filming in a given venue.

Prohibited content

You agree not to use the Application to capture, broadcast, record or publish content that is unlawful, immoral, obscene, defamatory, threatening, pornographic, exploitative of minors, revisionist, intimidating, hateful, racist, abusive, inciting political, racial or xenophobic violence, otherwise in breach of any law, or otherwise inappropriate. You further agree not to broadcast false or misleading content that could cause damage to us or to third parties, and not to use the Application for advertising or commercial canvassing unrelated to the event you are covering.

Our position

We do not monitor User Content, are not obliged to do so, and do not necessarily share the views expressed in content broadcast or published using the Application. We accept no liability or responsibility for User Content. This notwithstanding, we reserve the right to block, remove or refuse to transmit any User Content, and to suspend any broadcast, at any time and without notice, in particular where we have reason to believe that it breaches these Terms or applicable law.

Storage and loss

You are responsible for keeping your own copies of recordings that matter to you. We do not guarantee that a recording will be created, completed, retained or recoverable, and we are not liable for recordings that are lost, corrupted, incomplete or deleted.

8.Third-party platforms and broadcast destinations

The Application allows you to broadcast to third-party platforms and services, including video platforms, social networks and generic RTMP destinations ("Destinations"). We are not affiliated with, and do not control, these Destinations.

You are responsible for obtaining and maintaining your own accounts, stream keys and authorisations with each Destination, and for complying with that Destination's own terms of service, community rules and content policies. Any consequence imposed by a Destination, including the interruption or removal of a broadcast, a copyright strike, or the suspension or deletion of your account, is a matter between you and that Destination, and we accept no liability for it.

We do not guarantee that any particular Destination will remain supported, available or compatible with the Application.

9.Fees, plans and purchases

Certain features of the Application may be offered free of charge and others as part of a paid plan, subscription or in-app purchase. Where fees apply, the price, the billing period and the features included will be presented to you before you commit to the purchase.

Purchases made through Google Play or the Apple App Store are processed by those stores and are also subject to their terms, including their rules on payment, renewal, cancellation and refunds. Where a refund is handled exclusively by the store, you must request it from the store.

We may change our prices and plans. Changes will not apply to a billing period you have already paid for.

10.Liability

Any unauthorised use of the Application may give rise to legal action for damages and interest and to criminal liability.

SporteaserApp d.o.o., its directors, employees and service providers cannot be held liable for any loss or damage resulting from or relating to your use of the Application or any information, service or content available through it, including any failed, interrupted, delayed, degraded or lost broadcast or recording.

You will be held liable for any damages we incur resulting from your breach of these GTC. You agree to compensate and hold harmless SporteaserApp d.o.o., its directors, employees, shareholders, licensors and insurers from any losses, expenses, damages and fees, including reasonable legal fees, resulting from your breach of these GTC.

The Application is offered "as is", with no guarantee. We cannot guarantee that the Application and its content will meet your needs, be free of errors or omissions, or always be available and accessible without interruption. We reserve the right to correct all errors or omissions.

Access to the Application is granted on a temporary basis. We may suspend, withdraw, interrupt or modify all or part of the Application at any time and without notice. You agree that we cannot be held liable for such suspensions, modifications or interruptions.

Risks related to using the internet

The internet is not a secure network. We cannot be held liable for viruses or intrusions by third parties into your device, and we decline all responsibility for consequences of your access to the Application which cannot be attributed to us. You are responsible for taking appropriate measures to protect your devices and the data stored on them. You agree that you use the Application at your own risk.

Malfunctioning of networks

We decline all responsibility for malfunctioning of the internet, mobile networks, telephone lines and other equipment preventing access to or use of the Application.

Links to third-party websites

The Application may contain links to third-party websites over which we have no control. We are not responsible for the privacy practices or content of those websites.

Nothing in these Terms excludes or limits liability which cannot be excluded or limited under applicable mandatory law.

11.Data protection and confidentiality

When you access and use the Application, we may collect personal data that you provide (for example your name, email address and telephone number) or that is generated by your access to and use of the Application. For full information on how your personal data is used, please consult our Privacy Policy.

Video and audio captured by the Application are processed on your device in order to produce the broadcast and, where you choose to record, the recording. Where a broadcast is transmitted to a third-party Destination, the content is transmitted to that Destination and is then subject to that Destination's own practices.

We are committed to processing and protecting personal data collected through the Service in compliance with applicable privacy law, including the Serbian Law on Personal Data Protection and, where applicable to you, the European Union General Data Protection Regulation. Our policy is to retain personal data for as long as necessary to provide our services, except that we may retain it for longer where reasonably necessary to comply with legal obligations, meet regulatory requirements, resolve disputes, maintain security, prevent fraud and abuse, or enforce these Terms.

Where we have a good faith belief that such action is necessary to comply with a judicial proceeding, court order, warrant, administrative order, civil investigative demand, subpoena or other valid legal process, we may disclose IP addresses, personal information and content of the Service where legally compelled to do so.

We implement a number of security measures intended to keep your information safe, and we use industry standard technologies when transferring and receiving user data exchanged between us and third parties. User data may be stored on servers maintained by our third-party partners and subject to their security safeguards.

12.Feedback

Separate and apart from User Content, you may submit questions, comments, suggestions, ideas, original or creative materials or other information about SportEaser Studio or the Service (collectively, "Feedback"). Feedback is non-confidential and shall become the sole property of SporteaserApp d.o.o. We shall own exclusive rights, including all intellectual property rights, in and to such Feedback and shall be entitled to unrestricted use and dissemination of this Feedback for any purpose, commercial or otherwise, without acknowledgment or compensation to you.

13.Indemnification

You shall indemnify, hold harmless and, at our option, defend SporteaserApp d.o.o. from and against any and all losses, damages, liabilities and costs (including reasonable attorneys' fees) incurred by us resulting from any third-party claim, suit, action or proceeding relating to or arising from your use of the Application, any User Content that you broadcast, record or transmit to or through the Application, any Feedback you provide, any violation of these Terms by you, or any other act or omission by you, including your violation of the rights of another. You further agree that we shall have control of the defence or settlement of any third-party claims, unless we exercise our option to require you to defend us. This indemnity is in addition to, and not in lieu of, any other indemnity set forth in a written agreement between you and us.

14.Application stores

You obtain the Application through Google Play, the Apple App Store or another distribution platform (each, a "Store"). Your use of the Application is also subject to the terms of the Store from which you obtained it, and you agree to comply with them.

You acknowledge that these Terms are concluded between you and SporteaserApp d.o.o. only, and not with any Store. No Store is responsible for the Application or its content, and no Store has any obligation to provide maintenance or support for the Application. We alone are responsible for providing any maintenance and support, and for addressing any claim relating to the Application, including product liability claims, claims that the Application fails to conform to applicable legal or regulatory requirements, and claims arising under consumer protection or similar legislation.

In the event of a failure of the Application to conform to any applicable warranty, you may notify the relevant Store, and where required by the Store's rules that Store may refund the purchase price; to the maximum extent permitted by applicable law, the Store will have no other warranty obligation whatsoever with respect to the Application.

We, and not any Store, are responsible for the investigation, defence, settlement and discharge of any third-party claim that the Application infringes that third party's intellectual property rights.

You represent that you are not located in a country subject to an embargo by the relevant authorities of your jurisdiction, and that you are not listed on any applicable list of prohibited or restricted parties.

Where you obtained the Application from the Apple App Store, Apple and its subsidiaries are third-party beneficiaries of these Terms and, upon your acceptance of these Terms, will have the right to enforce them against you as a third-party beneficiary.

15.Modifications to the Application

We reserve the right, in our sole discretion, to modify, suspend or discontinue, temporarily or permanently, the Application or any features or parts thereof at any time.

16.Modification of these Terms

We may update and modify these GTC at any time, with effect for the future only. We will inform you of any substantial modification by a visible notice in the Application or on our website. You will be considered to have agreed to the modified GTC if you continue to use the Application. If you do not agree with the modifications, you may not access or use the Application.

17.Termination

Notwithstanding anything contained in these Terms, we reserve the right, without notice and in our sole discretion, to terminate your right to access or use the Application at any time and for any or no reason, and you acknowledge and agree that we shall have no liability or obligation to you in such event and that you will not be entitled to a refund of amounts already paid, to the fullest extent permitted by applicable law.

18.Notice and contact

All notices, demands or consents given by you under these Terms will be in writing and will be deemed given when delivered to us at: info@sporteaser.app.

SporteaserApp d.o.o.
[street and number]
[postal code] Belgrade
Serbia

Any notice to you may be given by email, by post to the address in our records, or by posting in the Application. Please report any violation of these Terms to the contact listed above.

19.Severability and general information

These GTC form the entire agreement between us with regard to the use of the Application, and replace any other communication or advertisement relating to it. The GTC coexist with, and do not replace, our Privacy Policy.

If any term, clause or provision of these Terms is held invalid or unenforceable, in whole or in part, that term, clause or provision will be severable from these Terms and will not affect the validity or enforceability of the remaining provisions.

If you or we do not exercise a right arising from these GTC, this shall not under any circumstances be considered a waiver of that right.

Nothing in these GTC may be interpreted as directly or indirectly giving third parties any benefit or right to act against us, except as expressly provided in Section 14.

These Terms, and any rights and licences granted hereunder, may not be transferred or assigned by you without our prior written consent.

20.Governing law and jurisdiction

These Terms and any dispute arising out of or in connection with them are governed by the laws of the Republic of Serbia, without regard to conflict of law provisions. The courts of Belgrade, Republic of Serbia, shall have jurisdiction, without prejudice to any mandatory consumer protection rules that grant you the right to bring proceedings before the courts of your country of residence.

21.Claims of copyright infringement

We expect users of the Application to respect the intellectual property rights of others. If you believe in good faith that content broadcast or published through the Service infringes your copyright or your broadcasting rights, please provide our copyright agent with the following written information:

• an electronic or physical signature of the person authorised to act on behalf of the owner of the right concerned;
• a description of the work or event that you claim has been infringed;
• a description of where the material that you claim is infringing is located;
• your address, telephone number and email address;
• a statement that you have a good faith belief that the disputed use is not authorised by the rights owner, its agent or the law; and
• a statement, made under penalty of perjury, that the information in the notice is accurate and that you are the rights owner or are authorised to act on behalf of the owner.

Our agent for such notices can be reached at:

SporteaserApp d.o.o.
[street and number]
[postal code] Belgrade
Serbia
info@sporteaser.app