VR4Tourism

1. INTRODUCTORY PROVISIONS

1.1. Identification of the parties. These terms of use (“Terms of Use”) govern the rights and obligations between FOOTAR, S.A., a public limited company headquartered at Campus da Penteada – Startup Madeira, s/n, 9020-105 Funchal, Autonomous Region of Madeira, Portugal, corporate identification number 516.123.343, registered at the commercial registry office, hereinafter also referred to as “we”, “us” or “our” and third parties, also referred to as “User”, “you” or “your”, when using our Website (the “Website”).

1.2. Applicability of the Terms of Use. If you are an unregistered user of the Website, only the provisions regarding the nature and use of the Website, specifically clauses 1, 2, and 10 of these Terms of Use, will apply to you. For registered users, these Terms of Use apply in full, and we recommend that you read them carefully, especially clauses 3 to 12, which constitute the service contract between the registered User and FOOTAR, S.A.

2. WEBSITE CONTENT

2.1. Nature of the service. The Website aims to set a new standard for sports through a gamified augmented reality experience, empowering sports fans with live intelligent data. It contains up-to-date information on sports events, particularly real-time sports results, final scores, games, line-ups, and other sports statistics and content. The results and other statistical information displayed on the Application are based on information provided by other independent sources (third parties), internal efforts, or other official applications. While we strive to regularly update the content and verify the results or other information displayed on the Website, we make no promises or guarantees about the Website and encourage you to thoroughly verify the information displayed on the Website with the originals and other sources. Your use and reliance on the results and other information displayed on the Website are at your sole responsibility. Depending on the region, language, or other circumstances affecting the Website’s target market and audience, the Website may include sports coverage composed of our content or third-party content.

2.2. Use of the Website at your own risk. We provide the Website and all communications and information stored and displayed on it with reasonable competence and diligence and in the manner described in these Terms of Use. However, access to the Website, use of the Website, downloading of any software related to the Website, and use of any information we may provide regarding the Website is at your sole discretion, risk, and for your personal use only. You may not use the Website for any commercial purpose without proper authorization from FOOTAR, S.A.

2.3. Registration and Paid Content. Registration is required to access certain parts or components of the Website (Article 3 of these Terms and Conditions). Registration may be conditioned upon you reaching a certain age. Without registration, you may not be able to view all the content, and the Website’s functionality may be limited. Additionally, the availability of certain components or content may be subject to a fee.

2.4. Third-party content. We do not provide the content of external applications or resources that can be accessed from the Website. All content available on the Website is not hosted on our servers and is not created or uploaded by us on the hosting server. Third-party content is generally marked with an appropriate third-party logo, icon, or other identifier. Any liability regarding such content, its availability, or the information contained therein is expressly excluded.

2.5. Display of advertisements. You agree that advertisements, including third-party advertisements, may be displayed on the service.

2.6. Relation to gambling. The use of the Website’s Application is entirely at your own risk. The Website is not a gaming or gambling Application. We do not operate games or gambling, so we do not accept or control your funds or other amounts and do not participate in any transaction related to gambling. The betting odds displayed on the Website are presented for reporting purposes. No communication or information published on the Website constitutes a recommendation to participate in a game or place a bet, nor does it constitute legal, tax, or similar advice related to gaming or gambling.

2.7. Local law. You are advised to comply with the applicable laws of the country in which you temporarily or permanently reside, are present, and/or are a citizen.

2.8. Content rights. The texts, photographs, graphic works, and other elements contained in the Application may be individually and/or collectively protected by Copyright (collectively, the “Copyrighted Works”). Unless otherwise agreed in writing with us, the fair use of Copyrighted Works can only occur to the extent and in the manner provided by applicable law. In particular, the use of Copyrighted Works in the form of reproduction (copying) for direct or indirect economic gain, as well as their use in the form of distribution, rental, display, or public communication (including Internet communication) is not permitted without our explicit consent.

2.9. Database protection. The content of the database contained on the Website (“Database Content”) is protected. Unless otherwise agreed in writing with us, the Database Content can only be used legally to the extent and in the manner provided by applicable law. In particular, no extraction (copying) or use (making available to the public) of the Database Content or a qualitatively or quantitatively substantial part thereof is permitted without our explicit consent.

2.10. Unauthorized interference. You must not use any mechanism, tool, software, or process that may adversely affect the operation of our facilities, Internet security, or other Internet users. You may not overload our server, on which the Website is hosted, with automated requests, nor may you assist third parties in such activity. You may not modify, disassemble, decompile, or reverse engineer the Website in any way. Additionally, you may not use the Website content by incorporating, aggregating, deleting, or recreating it without our express consent, except as provided by generally binding legal regulations.

2.11. Copyright and trademark infringement. Copyright or trademark infringement may result in civil, administrative, or criminal liability.

3. CONCLUSION OF A SERVICE CONTRACT

3.1. Submission of request. The User may request the conclusion of a service contract by clicking on the “Continue via Email” button, filling in the registration form located on the Site, and submitting this information (hereinafter referred to as “Registration Request”). You guarantee that the information provided in the registration request form is correct for the purposes of these Terms of Use.

3.2. Acceptance of the proposal. After receiving a Registration Request, we will send to the email address provided in the Registration Request (“User Address”) the information necessary to make the User’s account operational or allow the use of the service (“Acceptance”). After the delivery of the Acceptance, the service contract is concluded.

3.3. Use of third-party registration. If you use an existing registration with a third party (e.g., a social network registration), you can send us a request to conclude a service contract by clicking on the relevant button with the third party’s logo, trademark, or service name. After the delivery of the request to conclude a service contract in accordance with the previous sentence to us, you can use the service. By allowing your use of the service, the service contract is concluded.

3.4. Consent to provide the service. You agree that we may start providing the service under the service contract immediately after its conclusion, even before the legal deadline for withdrawal from the service contract has expired.

3.5. Costs of communication means. You agree to use remote communication means when concluding the service contract. The costs incurred by you when using a remote communication means in connection with the conclusion of a service contract (e.g., Internet connection costs) will be borne by you and will not differ from the basic rate for using the communication means.

4. CONTENT OF THE SERVICE CONTRACT

4.1. Object of the contract. Under the service contract, we will allow you to use the service through the Website, including content and features subject to registration. Additionally, the availability of certain components or content may be subject to a fee, reaching a certain age, a stable Internet connection, or the version of the mobile device operating system supported by us.

4.2. Content of the contract. The Terms of Use are an integral part of the service contract.

4.3. Contract language. The service contract is concluded in Portuguese.

5. USER ACCOUNT

5.1. Account protection. Access to the user account is protected by a username and password. You agree that your login details can also be used to log in to other platforms operated by us or any other person connected to us. You are required to maintain the confidentiality of the information necessary to access your user account and acknowledge that we are not responsible for any breach of this obligation on your part.

5.2. Reservation of rights. We may prevent you from using your user account, particularly if you violate your obligations under the service contract (including these Terms of Use).

6. TERMS OF SERVICE

6.1. Inability to provide the service. We may not provide the service if it is prevented by difficulties on your part or any other person. In particular, we will not provide the service in case of power outages, data network outages, other failures caused by third parties, or force majeure.

6.2. Service interruptions. During the provision of the service, service interruptions, temporary limitations, interruptions, or degradation of the service may occur. The information stored by you in the service may not be copied by us, may be corrupted, or otherwise degraded.

6.3. Limitation of service quality. To the extent permitted by law, we will not be responsible for: (i) any malfunction of the computer programs related to the Website; (ii) bugs or viruses that cause data loss; (iii) any other damage to your computer equipment, mobile phone, or mobile device, or software; (iv) errors (including errors in entries, displayed data, and results); and (v) any attempts by you to use the Website by methods, means, or forms not intended by us. We reserve the right to suspend, modify, remove, and/or add to the Website at our sole discretion and to the extent permitted by law, as well as the right to suspend your use of our Website from time to time. We will not be responsible for such action.

6.4. Errors. You agree to inform us as soon as you become aware of any errors regarding your account in the Application or any information displayed in the Application (including, but not limited to, any calculation errors, misrepresentations, incorrect charges, fees, rake, bonuses, or payments, or any currency conversion as applicable).

6.5. Limitation of liability. We (including our directors, officers, agents, and employees) and our affiliates will not be liable to you in contract, tort (with intent or mere negligence), or otherwise for any direct, indirect, incidental, consequential, special, punitive, or exemplary damages, including, but not limited to, loss of data, profits, revenue, business, opportunity, goodwill, reputation, or business interruption or for any losses not currently foreseeable by us arising out of the service contract or the use of the Application.

6.6. Indemnification. The information in the Application is provided as is, and you agree to indemnify us from any liability in relation to the Application and the information in the Application. Notwithstanding the provisions of clause 6.5 above, our liability is limited to the maximum extent permitted by applicable law.

7. USE OF THE SERVICE

7.1. Content customization. You have the right to customize the content of the service according to your preferences, but only within the settings offered by the service itself.

7.2. Unsolicited promotions. Considering data protection, information, and cybersecurity requirements and fraud prevention, you are expressly prohibited from posting any information or contacting our customers to offer or promote any offers, products, or facilities on the Website.

7.3. Anti-fraud and anti-harassment policy. We have a zero-tolerance policy for inappropriate and fraudulent activities on the Website. If, in our sole discretion, you are deemed to have attempted to defraud us and/or any other user of the Website in any way, we reserve the right to suspend and/or terminate your account and/or ban you from accessing the Website for a defined or indefinite period. We will not be responsible for such action to the extent permitted by applicable law.

8. OTHER RIGHTS AND DUTIES OF THE PARTIES

8.1. Handling of complaints. Consumer complaints are handled by us via an email address at the contact address (see clause 12.6). We will send information about the handling of your complaint to the User Address.

8.2. Out-of-court consumer dispute resolution. A competent body for out-of-court resolution of consumer disputes arising from the service contract can be found at https://ec.europa.eu/consumers/odr/main/?event=main.adr.show2. The online dispute resolution platform located at http://ec.europa.eu/consumers/odr can be used to resolve disputes between you and us under the service contract.

8.3. Consumer contact point. A contact point under Regulation (EU) No 524/2013 of the European Parliament and of the Council of 21 May 2013 on online dispute resolution for consumer disputes and amending Regulation (EC) No 2006/2004 and Directive 2009/22/EC (Regulation on online dispute resolution for consumer disputes) can be found at https://ec.europa.eu/info/live-work-travel-eu/consumer-rights-and-complaints/resolve-your-consumer-complaint/european-consumer-centres-network-ecc-net_en.

8.4. Authorization to negotiate. The control of our activities will be exercised by the competent Portuguese authorities within their competences. Supervision in the area of personal data protection is exercised by the supervisory authority in the EU member state of your habitual residence, place of work, or place of the alleged violation.

8.5. Claims for defects. The rights and duties of the parties regarding our liability for defects in the services will be governed by applicable general law. You can exercise your rights arising from our liability for defects in the services by contacting us at our headquarters or by email at the contact address (see clause 12.6).

8.6. Communication between the parties. Unless otherwise agreed, all correspondence relating to legal proceedings related to the service contract shall be delivered to the other party in text form by email. Communications to you will also be made by email to the User Address.

9. PERSONAL DATA PROTECTION

9.1. Information on personal data processing. We fulfill our information obligation under Article 13 of Regulation 2016/679 of the European Parliament and of the Council on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC through a special document designated as ‘Information on the Processing of Personal Data’ (“Privacy Notice”).

9.2. These Terms of Use should be read and interpreted together with our Privacy Notice, accessible here footar.co/privacy-policy.

10. COOKIES

10.1. Cookie consent tool. Obtaining your consent and providing information related to the use of cookies on the Website are carried out through a special tool operated by third parties.

11. DURATION OF THE SERVICE CONTRACT

11.1. Termination of the contract. Except in cases where the contract cannot be terminated, you, as a consumer, have the right to freely terminate the service contract within fourteen (14) days after its conclusion. For such revocation, you may use the model form provided by us. 11.2. Duration of the contract. The service contract will take effect upon signing. The service contract is concluded for an indefinite period. 11.3. Termination of the contract. You can terminate the service contract at any time by deleting the user account. You can also terminate the service contract by requesting that we delete your personal data in accordance with the GDPR. 11.4. Termination of the contract by us. If you violate any of your obligations under the service contract (including these Terms of Use) or under generally binding legal regulations, or in other cases, we may terminate the service contract. Termination of the service contract under this clause will take effect upon delivery by email to the User Address. Unless otherwise agreed, the service contract will be terminated as soon as such termination takes effect.

12. Images/Logos Rights

12.1. All logos and profile photos are copyrighted by their legal owner.

12.2. Logos/images. Nothing herein shall be deemed to confer to Customer or FootAR.SA any license, right, title, or interest in or to use logos, whether or not contained within the Company Materials, belonging to the sports league, federation, or organization, whether registered as intellectual property or otherwise.

12.3. Regarding the use of logos and photos on FootAR.SA platforms, fall under the “fair use” concept. Fair use allows for the use of copyrighted material for purposes such as commentary, criticism, news reporting, teaching, and research. However, it’s essential to assess whether your specific use case qualifies as fair use.

12.4. All logos/images are the trademark & property of their owners and not FootAR.SA. We present them here for purely information purposes.

13. FINAL PROVISIONS

13.1. Applicable law. The relationship created by the service contract will be governed by Portuguese law. The choice of law under the previous sentence does not deprive you of the protection provided by the provisions of the legal order that cannot be derogated by contract and that would otherwise apply in the absence of a choice of law under point 1 of Article 6 of Regulation (EC) No 593/2008 of the European Parliament and of the Council of 17 June 2008 on the law applicable to contractual obligations (Rome I).

13.2. Court jurisdiction. We agree with the jurisdiction and venue of the judicial court of the district of Madeira.

13.3. Unilateral amendment of the Terms of Use. We may unilaterally amend these Terms of Use to the extent permitted by applicable law and when we consider that such amendments are based on valid and justified reasons. You will be notified of the amendment by email delivered to the User Address or by a dialog box on the Website. The amended Terms of Use will take effect on the date specified in the notice addressed to you, i.e., by email to the User Address or in the dialog box on the Website, but in no case before thirty (30) days from the date you were notified of such change. You may refuse the amended Terms of Use before they take effect and, in that case, terminate the service contract. This is without prejudice to the provisions of clause 12.4 of these Terms of Use.

13.4. Consent to amend the Terms of Use. Without prejudice to Article 12.3 of the Terms of Use, amendments to the Terms of Use may also be made with your express confirmation (consent). By giving your express consent to the new version of the Terms of Use, the new version becomes an integral part of the service contract from the applicable date. Express consent can be given through a dialog box in the Application or another appropriate manner.

13.5. Accessibility of the contract. The service contract, including the Terms of Use, is archived by us in electronic format and is not accessible to the public.

13.6. Our contacts. Our contacts are as follows: delivery address at Campus da Penteada – Startup Madeira, s/n, 9020-105 Funchal, Autonomous Region of Madeira, Portugal, email address info@footar.co.

13.7. Assignment of the contract. You agree that we may assign the rights and obligations under the service contract, in whole or in part, to any third party.