Terms of service
1. Formation - Coach ISM Terms of Service
These Terms of Service (hereinafter “Terms”) govern your and by you authorized coaches use of the Coach ISM digital solution and all services connected it, including, but not limited to all of Coach ISM material that is available through the Coach ISM digital solution, website (https://coach-ism.com), and all integrations (collectively, the “Coach ISM Services”) provided by Agap2IT.
When we say “you” or “your”, Coach ISM is referring to the authorized individual who, on behalf of an organization, subscribed and owns an account with one or more of Coach ISM Services.
2. Acceptance of Terms
You must accept these Terms in order to use Coach ISM Services. These Terms are between you and AGAP2IT (hereinafter “Coach ISM”), with registered address at Rua Sousa Martins, nº 10 1050-217 Lisboa, company number PT507431073, registered at the Commercial registry Office of Lisbon, with share capital of 300 000.00€.
You represent that you have the authority to bind the organization on behalf of whom you are acting to these Terms. If you do not have such authority, or if you do not agree with this Terms, you may not use the Coach ISM Services. You acknowledge that these Terms are a contract between you and Coach ISM, even though it is electronic and is not physically signed by you and Coach ISM, and it governs your use of the Coach ISM Services.
If you send us any feedback or suggestions regarding the Coach ISM Services, you grant Coach ISM an unlimited, irrevocable, perpetual, free license to use any such feedback or suggestions for any purpose without any obligation to you.
3. Access to the Coach ISM Services
You will need to create an account to use Coach ISM Services. Your organization username and password are for your personal use only and should be kept confidential. You understand that you are responsible for all use (including any unauthorized use) of your username and password. Notify our Support team immediately if your username or password is lost or stolen, or if you believe there has been unauthorized access to your account.
You will receive a password and account designation upon completing the Coach ISM Services registration procedure. You are responsible for maintaining the confidentiality of the password and account and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify Coach ISM of any unauthorized use of your password or account or any other breach of security; and (b) ensure that you exit from your account at the end of each session.
Once You have created an account to use Coach ISM, you will be able to invite other users (collectively “coaches”) to participate in the management of your team by managing your personal account in the subscription system preferences. You are solely liable and responsible for any loss of confidentiality and breach of these Terms arising from the sharing and use of your personal Coach ISM account by other coaches.
Coach ISM may at its sole discretion modify the functionalities of the Coach ISM Services from time to time without prior notice. Coach ISM reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Coach ISM Services (or any part thereof) with or without notice. You agree that Coach ISM shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Coach ISM Services.
4. Coach ISM Services Options
Coach ISM provides multiple Coach ISM Service options. While all of them require a paid subscription, Coach ISM may also offer special promotional subscription plans.
For detailed information on our Coach ISM Service options, please click here. Coach ISM undertakes to explain which services are available to you upon your request of contact for subscription of the Coach ISM Services.
Coach ISM Services may be integrated with, or may otherwise interact with, third-party applications, websites, and services ("Third-Party Applications") and third-party personal computers, mobile handsets, tablets, wearable devices, speakers, and other devices ("Devices"). Your use of such Third-Party Applications and Devices may be subject to additional terms, conditions and policies provided to you by the applicable third party. Coach ISM does not guarantee that Third-Party Applications and Devices will be compatible with the Coach ISM Services.
In order to use Coach ISM Services, you will need a paid subscription (“Subscription Fee”) in the amount and for the duration that you have entered and agreed to upon your request of contact for subscription of the Coach ISM Services.
The Subscription Fee correspondent to the first subscription period (monthly) shall be paid on the effective Date of subscription. The Subscription Fee for all subsequent subscription periods of the term of these Terms shall be paid to Coach ISM on the first day of each subsequent subscription period, pursuant to the paragraph below.
You shall (a) provide a valid credit card payment method which is duly authorised for automatic bill paying, or other acceptable method of payment to Coach ISM; and (b) take all necessary steps to authorize payment of the Subscription fee. By agreeing to these Terms, you hereby authorize Coach ISM to automatically charge said method of payment for all subscription periods during the term of these Terms. If, for any reason, automatic payment shall be denied, Coach ISM will contact you so that You can provide a new method of payment within Thirty (30) days from the said contact.
Alternatively, you may pay by means of bank transfer. If, for any reason, Coach ISM fails to receive the Subscription fee paid by means of bank transfer, Coach ISM will contact you so that you can provide a new method of payment within sixty (60) days from that contact.
Subscription Fees include applicable taxes.
Coach ISM may from time to time change the price for the Subscription Fee, and will communicate any price changes to you in advance on reasonable notice. Price changes will take effect at the start of the next subscription period following the date of the price change. Subject to applicable law, by continuing to use the Coach ISM Services after the price change takes effect, you will have accepted the new price. If You do not agree to a price change, you can reject the change by cancelling your subscription as provided in Section 6 of these Terms.
6. Renewal and Cancellation
Your Subscription Fee will automatically renew at the end of the applicable subscription period.
You may cancel your subscription before the end of the then-current subscription period. Please use the following email address to cancel your subscription: email@example.com. The cancellation will take effect the day after the last day of the subscription period. All of your Data will be immediately inaccessible from the that day. Within 30 days, all this Data will be permanently deleted from all backups and logs. This Data cannot be recovered once it has been permanently deleted.
7. Suspension and Termination of Coach ISM Services
These Terms will continue to apply to you until terminated by either you or Coach ISM.
Coach ISM may terminate these Terms or suspend your access to the Coach ISM Services at any time if Coach ISM believes you have breached any of these Terms.
Coach ISM may terminate these Terms also if it stops providing the Coach ISM Services or any material component thereof on reasonable notice to you, or as Coach ISM believes necessary to comply with applicable law. If you or Coach ISM terminates these Terms, or if Coach ISM suspends your access to the Coach ISM Services, you agree that Coach ISM shall, subject to applicable laws, have no liability or responsibility to you, and (except as expressly provided in these Terms) Coach ISM will not refund any amounts that have been already paid.
Section 7, as well as Sections 2, 3, 4, 5, 6, 7, 8, 9, 11 and 12 must remain in effect even after termination of these Terms, and shall survive termination.
8. Intellectual Property Rights
8.1 Coach ISM Proprietary Rights
Subject to your compliance with these Terms (including any other applicable terms and conditions), Coach ISM grants you a limited, non-exclusive, non-sublicensable (except to coaches as provided above in these Terms) permission to make use of the Coach ISM digital solutions (“permission”). You may only use this permission to manage in detail the sport, school, social and personal evolution of football players, including the use of scouting analysis, training evaluation and competition, facilities and equipment management, medical, nutrition, legal elements and asset management functionalities (“permission”).
Your use of the Coach ISM Services and functionalities above must be in compliance with these Terms and in compliance with all applicable local and national law, rules and regulations. This permission shall remain in effect unless and until terminated by you or Coach ISM. You agree that you will not redistribute or transfer the Coach ISM Services.
Without limitations on other restrictions, limitations and prohibitions that Coach ISM imposes (in these Terms or elsewhere), you agree not to directly or indirectly (a) copy, modify, reproduce, translate, localise, port or otherwise create derivatives of any part of the Coach ISM Services; (b) reverse engineer, disassemble, decompile or otherwise attempt to discover the source code or structure, sequence and organisation of all or any part of the Coach ISM Services; (c) rent, lease, resell, distribute, use the Coach ISM Services for other commercial purposes not contemplated or otherwise exploit the Services in any unauthorised manner; (d) remove or alter any proprietary notices on the Coach ISM Services; or (e) engage in any activity that interferes with or disrupts the Coach ISM Services.
You agree that all Coach ISM Services provided to you (including, without limitation) may be protected by copyrights, trademarks, service marks, trade secrets or other intellectual property and other proprietary rights and laws. Coach ISM may own the website or portions of the Coach ISM Services may be made available to Coach ISM through arrangements with third parties. Materials included in Coach ISM Services or made available through the Services is the exclusive property of Coach ISM and is protected by copyright laws. You agree to use Coach ISM Services only for purposes that are permitted by these Terms and any applicable local, state, provincial, national or other law, rule or regulation.
8.2 Your Content and Data
Coach ISM claims no intellectual property rights over the data and materials you provide and insert upon using Coach ISM Services.
In order for us to provide services to you, Coach ISM requires that you grant us certain rights with respect to your Data. For example, Coach ISM needs to be able to transmit, store and copy your Data in order to display it to you and other coaches, to index it so you are able to search it, to make backups to prevent data loss, etc. Your acceptance of these Terms gives Coach ISM the permission to do so and grants Coach ISM any such rights necessary to provide the service to you, only for the purpose of providing the service (and for no other purpose). This permission allowing Coach ISM to use third-party service providers (for example Microsoft Azure) in the operation and administration of the Service and the rights granted to Coach ISM are extended to these third parties to the degree necessary in order for the Service to be provided. Depending on the service, this may involve moving your data across jurisdictional lines, or across country borders. Coach ISM will not share, disclose, sell, lease, modify, delete or distribute any Data provided by you in any manner.
9. Disclaimer of Warranties; Limitation of Liability; Indemnification
Disclaimer. Neither any opinion, advice or statement of Coach ISM or affiliates, licensors, suppliers, agents or visitors, whether made on Coach ISM Services or otherwise nor the results of any operation of the Coach ISM Services by you constitute representations or warranties of us or give rise to any rights of reliance or otherwise for the benefit of you or any third party. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for accuracy of data input and output, and for maintaining a means external to the Coach ISM Services provided for the reconstruction of any lost data. Coach ISM does not assume any responsibility or risk for your use of Coach ISM Services and the internet. Any and all services provided by Coach ISM to you are provided “As is”, without warranty of any kind.
Coach ISM disclaims all warranties of any kind, whether express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose, satisfactory quality and non-infringement and all warranties that may arise from course of dealing, course of performance or usage of trade. Coach ISM and our affiliates, licensors, suppliers, and agents do not warrant that your use of Coach ISM Services will be uninterrupted, error-free or secure, that defects will be corrected or that Coach ISM Services, the server(s) on which Coach ISM Services are hosted or Coach ISM materials, are free of viruses or other harmful components. Without limiting the generality of the foregoing, Coach ISM hereby disclaims any and all liability for any damage to or other impact on your equipment, hardware, software, data or other information or materials, whether or not caused by or related to (either directly or indirectly) your use of the Coach ISM Services, including but not limited to claims relating to faulty, malfunctioning or inoperable service.
Limitation of liability. In no event will Coach ISM nor any of Coach ISM affiliates, licensors suppliers or agents, nor Coach ISM or their directors, officers, employees, consultants, agents or other representatives (“Indemnified parties”), be liable for any indirect, incidental, special, consequential or punitive damages or damages for loss of profits, revenue, business, savings, data, use or cost of substitute procurement, incurred by you or any third party, whether in an action in contract, tort (including negligence) or otherwise, even if Coach ISM has been advised of the possibility of such damages or if such damages are foreseeable. Your sole remedy for dissatisfaction with Coach ISM Services is to stop using them. The sole and exclusive maximum liability of all indemnified parties collectively for all damages, losses and causes of action, whether in contract, tort (including negligence) or otherwise, shall be the total amount paid by you to use our Coach ISM Services. Your use of Coach ISM Services is entirely at your own risk. You acknowledge that the limitations of liability in these Terms and the allocation of risk herein are an essential element of the bargain between you and Coach ISM, without which Coach ISM would not have provided the service. Our pricing reflects this allocation of risk and the limitation of liability specified herein.
Applicable law may not allow the exclusion and limitation of the above warranties, namely with regard to (a) tort liability for damages you or any third party may suffer; (b) in contract liability in case of intent or serious misconduct; (c) liability for death, moral, personal and health injury. Hence, the above exclusions and limitations may not apply to you.
Indemnification. To the extent allowed by applicable law, you agree to indemnify and hold Coach ISM harmless from and against any reasonably foreseeable direct losses, damages, and reasonable expenses (including reasonable attorney fees and costs) suffered or incurred by Coach ISM arising out of or related to: (1) your breach of any of these Terms; (2) any Data you provide and insert upon using Coach ISM Services; (3) any activity in which you engage on or through Coach ISM Services; and (4) your violation of any law or the rights of a third party.
These Terms incorporate the Coach ISM Data Processing Addendum.
11. Governing Law, Mandatory Arbitration
These Terms are governed by the laws of Portugal. All disputes and conflicts arising out of or in connection with these Terms, including matters related to its interpretation, execution, validity and/or termination, are to be settled finally by binding arbitration under the Rules of Arbitration of the International Chamber of Commerce, Paris (“Rules”) by three arbitrators appointed in accordance with the Rules.
The seat of the arbitration will be in Lisbon, Portugal. Portuguese procedural law will apply where the Rules are silent. The language of the arbitration will be English.
Coach ISM may change these Terms at any time for a variety of reasons, such as to reflect changes in applicable law or updates to Coach ISM Services, and to account for new functionalities. The most current version will always be posted on the Coach ISM website. If an amendment is material, as determined in Coach ISM’s sole discretion, Coach ISM will notify you by email. Notice of amendments may also be posted upon your login to your account. Except as otherwise specified by Coach ISM, changes will be effective no sooner than the day they are publicly posted. If you do not want to agree to any changes made to the terms for a Coach ISM Service, you should stop using that Coach ISM Service, because (unless otherwise stated in law) by continuing to use the Coach ISM Services you indicate your agreement to be bound by the updated Terms.
12.2 Entire Agreement
Other than as stated in this section or as explicitly agreed upon in writing between you and Coach ISM, these Terms constitute all the terms and conditions agreed upon between you and Coach ISM and supersede any prior agreements in relation to the subject matter of these Terms, whether written or oral.
You acknowledge and consent that AGAP2IT is entitled to transfer this relationship to any entity directly or indirectly belonging to AGAP2IT (the AGAP2IT group companies and subsidiaries). In the event that AGAP2IT or any AGAP2IT group company or subsidiary is involved in a merger, consolidation, change of corporate control, substantial assignment of assets, restructuring or liquidation, AGAP2IT may at its sole discretion transfer or assign this relationship to the related party or any of its affiliates. Prior to the said transfer or assignment of this contractual relationship, AGAP2IT will notify you.
BEE ENGINEERING, S.A.
13. Contact Us
If you have any questions regarding these Terms or if you wish to discuss Coach ISM Services and Terms contained herein please contact using the contact details at our page.