Terms of use Team signaling

Last updated – 02/08/2024

PLEASE READ THESE TERMS CAREFULLY BEFORE USING THE TEAM SIGNALING SERVICE.

These terms and conditions (“T&C’s”) are terms of use drafted by STREAMWIDE S.A., publisher of the “Team Signaling” service (hereinafter the “Application”), registered in France under company number 434 188 660, whose registered office is located at 84 rue d’Hauteville 75010 Paris France (hereinafter “STREAMWIDE”, “we”, “our” and “us”) and the Users of the Application (hereinafter: “Authorized User”( “you” and “your”) who downloads, installs and uses the Application.

You acknowledge that these terms are enforceable against Authorized Users of the Team Signaling Application.

Important Notice:

Please read this agreement carefully before downloading the Application. These terms and conditions inform of obligations in connection with the use of the Application. By downloading and accessing the Application, you agree to the terms and conditions and enforceability hereof. Terms include, but are not limited to, the privacy policy, License Terms, and Limitations of Liability. If you do not agree to the enforceability hereof, you must not install, download, use or access the Application.

Scope of the T&Cs

The terms herein apply to the QR code Accessible Application/Website, including any updates or supplements to the Application, unless they contain separate terms, in which case such terms shall apply.
STREAMWIDE has the right to modify these terms and conditions at any time. Any changes will be published on this page and, if necessary, will be notified to you when the Application is updated.
The terms of our privacy policy are available on our website (privacy policy) and are applicable in connection with the use of the Application. The information collected and processed by the Application is listed in the paragraph “What information is collected and processed?” of our privacy policy. This privacy policy therefore complements these provisions. By using the Application, you agree that we may collect and use as a processor technical information about Authorized Users’ device(s), as well as associated software, hardware and peripherals (smartphones, tablets, computers) for Internet-based or wireless services in order to improve our products and provide you with the associated services.
By using the Application and the services, you acknowledge and agree that you must enter in the Application names, mobile phone numbers, email addresses and, possibly, images to allow you access to the functions of the Application. Information about Authorized Users must be accurate and complete and it is the responsibility of each Authorized User to have consented to the use of their personal data for this purpose. The data controller within the meaning of the GDPR is the local authority that uses the Team Signaling Application.
Authorized Users may receive mobile alerts via SMS and/or email (including, but not limited to, invitation to download the Application, etc.).
Authorized Users are responsible for all activities undertaken from the Application as well as for all devices (smartphones, tablets, computers) on which the Application is used (“Devices”).
Information provided through the Application or Services may contain links to third-party websites or applications. These third-party websites and applications are not under the control of STREAMWIDE and STREAMWIDE will not be responsible for their content, terms of use, or privacy policies (if any).

Granted rights and license restrictions

The licenses granted in connection with the use of the Application are non-exclusive, limited and non-transferable.
Except as otherwise expressly provided herein or to the extent permitted by any local law, Authorized Users agree to:
- not to copy the Application, unless such copying is incidental to the normal use of the Application, or if it is necessary for backup or operational security purposes;
- not to rent, sublicense, loan, translate, merge, adapt, modify or change the Application;
- not to alter or modify all or any part of the Application, or to allow the Application, in whole or in part, to be combined with or integrated with other programs;
- not to create or attempt to create derivative works based on all or part of the Application, except to the extent that such actions cannot be prohibited as they are essential for the interoperability of the Application with other software, and provided that the information you obtained in the course of such activities:
  1. are used solely for the purpose of ensuring the interoperability of the Application with other software;
  2. is not disclosed or communicated unnecessarily to any third party, without the prior written consent of STREAMWIDE;
  3. and is not used to create software that is substantially similar to the Application;
- not to provide or make available the Application in whole or in part (including object code and source code), in any form, to any person other than Authorized Users without the prior written consent of STREAMWIDE;
- not to use the Application for any commercial purpose whatsoever;
- and to comply with all technology control or export laws and regulations applicable to the technology used or supported by the Application.
When you choose a username or identifier for your account, you must own, control or have the right to use the username or identifier.

License use restrictions

Use of the Application is subject to the restrictions set forth herein. In the event of non-compliance with these provisions, STREAMWIDE may terminate the license, suspend access to the Application and claim damages to cover any loss incurred as a result of such breach.
Each Authorized User is advised that he/she must not:
- copy the Application, unless such copy is related to the normal use of the Application, or if it is necessary for backup purposes;
- rent, lease, loan, sell, license or sublicense, distribute, assign, transfer or otherwise make available to any third party the Application, in whole or in part (including object code and source code), in any form whatsoever including publishing the Application on a store;
- use or permit the use of the Application in an abusive or unlawful manner, for unlawful, fraudulent or malicious purposes, including but not limited to:
  1. hacking the Application or introducing malicious code, including viruses, or harmful data into the Application or any operating system;
  2. using a spider or any other system, device or program (automated or otherwise) to extract data or information from the Application or STREAMWIDE‘s servers;
  3. by sending or storing materials that contain viruses, worms, Trojan horses, or other harmful computer code, files, scripts, agents, or programs;
  4. by interfering with, or impairing the integrity or performance of, the Application and the data contained therein;
  5. attempting to gain unauthorized access to the Application or its associated systems or networks;
  6. attempting to gain unauthorized access to the accounts or personal information of other Authorized Users;
- post, send or store illegal content, in particular and without limitation, content that infringes the intellectual property rights or privacy rights of third parties, obscene, racist, inciting hatred or violence; defamatory, or any other content likely to offend morality or public order;
- use the Application under conditions other than those provided for in its license, in particular beyond the number of Authorized Users provided for or under conditions that infringe on STREAMWIDE‘s intellectual property rights or reputation.

Content

In this document:
“Content” means all statuses, text, photos, data, information, and other communications of the Authorized User, including automatic submissions.
“Suggestions” means comments, opinions, or suggestions for new features that may be made by an Authorized User in connection with the Application or the use thereof.
Authorized Users are responsible for any Content (including, without limitation, its accuracy, quality, legality and reliability) and the consequences of posting, providing and publishing any Content.
You acknowledge that Content may be shared in connection with your use of the Application. Accordingly, each Authorized User remains responsible for the Content and its disclosure through the Application. No Content, however marked, will be received by us in confidence and will not be subject to any obligation of confidentiality, express or implied. STREAMWIDE and its affiliates are not responsible for the use or disclosure of such Content.
Each Authorized User warrants that:
1. the Content is an original work and that the public posting and other public or private use of the Authorized User Content or any suggestion does not infringe the privacy, intellectual property or other proprietary rights of third parties, and that the Content is not defamatory;
2. you have all necessary licenses, rights, and permissions to use the Content;
3. you have obtained written permission from each identifiable person described or referred to in the Content to use their information in the Content.
You acknowledge that you have no right, current and/or future, to any compensation for the Suggestions. You, your designated recipients and/or assigns, hereby waive any and all rights in the Suggestions.

Limitation of liability

In no event shall STREAMWIDE be liable hereunder for any consequential damages including license suspension, tort (including negligence), or any other consequential, incidental, consequential damages and without limitation for increased costs, decrease in value, loss of business, production, revenue or profits, loss of goodwill, use or inability to use, loss, interruption, delay or recovery of any data or breach of system data security, improper or fraudulent use of and/or access to the software, or the cost of substitute goods or services in each case, whether or not the Authorized User has been advised of the possibility of such loss or damage and whether such loss or damage has been otherwise foreseeable foreseeable.
Except for STREAMWIDE‘s indemnification obligations provided by law, in no event shall STREAMWIDE‘s aggregate liability exceed the amount paid in connection with the subscription of the license.
Nothing in this Agreement shall limit or exclude STREAMWIDE‘s liability for:
1. death or personal injury resulting from negligence;
2. or fraud or fraudulent misrepresentation;
3. or any other liability which cannot be excluded or limited by French law.
It is expressly recalled, understood and agreed by Authorized Users that the Application has not been developed to meet individual requirements and that it is therefore the responsibility of each Authorized User to ensure that the installations and functions of the Application remain in conformity with the intended purpose.
Each Authorized User remains solely responsible for backing up data, Content and Suggestions and STREAMWIDE shall not be liable for any loss, damage or unauthorized access to any data, Content or Suggestions.
THESE PROVISIONS SET OUT THE TERMS OF USE AND ACCESS TO THE APPLICATION, ITS CONTENT OR SUGGESTIONS. EXCEPT AS EXPRESSLY SET FORTH HEREIN, NO CONDITIONS, WARRANTIES, REPRESENTATIONS OR OTHER TERMS, EXPRESS OR IMPLIED, ARE GRANTED BY STREAMWIDE. ANY CONDITIONS, WARRANTIES, REPRESENTATIONS REGARDING THE PROVISION OF THE APP APPLICATION ARE EXCLUDED TO THE FULLEST EXTENT PERMITTED BY LAW.

Indemnification by authorized users

The Authorized User shall indemnify and defend STREAMWIDE (and its affected directors, officers and employees) from and against any and all claims, demands, causes of action, liabilities, damages, indemnities, settlements, losses and expenses (including, without limitation, reasonable legal fees and investigation costs) in connection with any claim related to:

any use of the Application
the Content,
any failure by the Authorized User with respect to of the representations, warranties and obligations contained herein.

Intellectual property rights

STREAMWIDE owns all right, title and interest, including all intellectual property rights, in and to the Application and Suggestions. These terms and conditions do not transfer any trademark license or ownership rights in the Application and Suggestions, whether in object code or source code, other than as set forth herein.
The name, logo and names associated with the Application and Services are trademarks of STREAMWIDE or its licensors. STREAMWIDE and its licensors, own all proprietary rights, including, without limitation, international patent, copyright, trade secret and trademark rights in and to the Application, as well as modifications, enhancements and derivative works.

Termination

These terms and conditions are enforceable from the date on which the Authorized User creates an account via the Application. This agreement will continue during the license term (“Subscription Period” and/or “Trial Period”) until the account is no longer present through the Application. The Authorized User may extend or renew the subscription period at any time, upon payment of the applicable fees.
(Some of the clauses, eg. Clause 6 – Indemnification by Authorized Users, Clause 7 – Intellectual Property Rights, should survive the termination or expiration of the service subscription Agreement and/or Terms of Service?. )
STREAMWIDE may terminate the use of the Application immediately upon written notice at any time in the event of non-compliance herewith.

Availability & use

STREAMWIDE undertakes to use commercially reasonable efforts to maintain a reasonable level of availability of the Application. STREAMWIDE reserves the right, at any time and with reasonable notice, to limit access to the Application.

STREAMWIDE may carry out repairs or make changes without prior notice in the event of circumstances of particular seriousness and/or circumstances beyond its control.
STREAMWIDE may modify the Application at any time. Such modifications and changes, or both, may include, without limitation, the addition or removal of features, products, services, software, or changes in instructions, provided that doing so does not cause a material diminution of the core functionality of the Application.
STREAMWIDE may extend, improve or otherwise modify the Application or parts thereof (collectively, the “Updates”) over time. In the event of the provision of Application Updates, such Updates shall be deemed to be incorporated into the Application and shall be subject hereto.
An online help center is available at support@teamontherun.com. This help support is used to inform you STREAMWIDE of problems encountered in the context of the use of the Application. The Help help support is available during normal business hours and depending on the relevant territory.
STREAMWIDE has the right to control and audit the use of the Application at any time, including the number of Authorized Users.

General provisions

GOVERNING LAW These provisions and any dispute or claim shall be governed by and construed in accordance with French law and with the exclusive jurisdiction of the French courts.
NOTICES Notices shall be deemed valid herein in writing with return receipt to STREAMWIDE‘s address. You may also contact us with questions and complaints regarding the Application by writing to us at support@teamontherun.com.
ASSIGNMENT STREAMWIDE may freely transfer its rights and obligations hereunder to a third party, but this shall not affect the rights and obligations mentioned herein.