Gebruiksovereenkomst

Version 2023-04-13

 

The undersigned:

 

1.      The private company with limited liability: “TeamTV B.V.”, with registered offices in (5653PM) Eindhoven at Duinbeek 20, registered in the Commercial Register of the Chamber of Commerce with number 83898697, hereinafter referred to as “TeamTV”.

 

2.      The legal entity which has accepted the quotation, hereinafter referred to as “the User”,

 

hereinafter jointly also referred to as: “Parties”;

 

Whereas:

 

-            TeamTV has developed 1) software which enables the User to record and stream matches with an automatically controlled camera, and 2) an online application which enables the User to stream, analyse, present, and share match situations;

-            the User is a sports club, federation or company, which wishes to make use of the services of TeamTV to record, stream and analyse sports matches for the benefit of his or her athletic activities and community development;

-            the Parties wish to lay down the agreements on the use of the services of TeamTV by the User in this agreement, hereinafter to be referred to as “the Agreement”.

                                                                                                           

Declare to have agreed the following, and to act accordingly:

 

Article 1          Duration

1.          The duration of the Agreement is set out in the quotation accepted by the User. The date on which the User accepts the quotation will be the effective date of the Agreement.

2.          The Agreement will be renewed automatically after the end of the duration of the Agreement by a period of one year unless one of the Parties terminates the Agreement one month before the end of this duration, which termination will take effect at the end of the effective period of the Agreement. The User will terminate the Agreement in writing (by post or email).

3.          The Agreement cannot be terminated during the period set out in the quotation accepted by the User, unless determined otherwise in the Agreement.

 

Article 2          Pricing Plans and Service

1.          TeamTV offers various Pricing Plans that include different combinations of the services and features described in Annex 1. The User’s chosen Pricing Plan will determine the specific services and features to be provided by TeamTV.

2.          Pricing Plans are subject to change at the sole discretion of TeamTV. The latest Pricing Plans can be found on teamtvsport.com/pricing. The Customer's applicable Pricing Plan is the one in effect at the time of entering into this Agreement.

3.          The features and services listed in Annex 1 serve as a general indication of what TeamTV offers. The actual features and services delivered to the User may differ slightly from those listed in Annex 1.

4.          The features and services to be provided to the User are determined by the Pricing Plan chosen by the Customer at the time of entering into this Agreement. In the event of any discrepancy between the features listed in Annex 1 and the chosen Pricing Plan, the Pricing Plan shall prevail.

 

Article 3          Fee

1.          The User will owe a fee for the Service as set out in the quotation accepted by the User.

2.          The amounts do not include turnover tax and will be due annually, unless stated otherwise in the quotation.

3.          TeamTV has the right to invoice the entire fee to the User at the start of the Agreement. Invoices of TeamTV must be paid within fourteen (14) days.

4.          If the User fails to meet his or her payment obligation on time, he or she will be in default by operation of law.

5.          TeamTV has the right to suspend its services if the User is in default, including but not limited to refusing access to the application and other services.

 

Article 4          Termination

1.          Either Party has the right to fully or partially terminate the Usage Agreement with immediate effect without this resulting in any obligation to provide compensation for any damage suffered by the other Party if one of the following circumstances occurs:

a.   a request is filed for the bankruptcy of the other Party;

b.   the other Party is declared bankrupt; or

c.   the other Party is granted (temporary) suspension of payments.

2.          TeamTV has the right to terminate the Agreement if the User is in default without being required to pay any form of compensation.

3.          TeamTV also has the right to dissolve the Agreement if the User violates the Usage Agreement or the privacy policy, or otherwise violates the terms of use of the Service.

4.          The Agreement will in all other circumstances be terminated if both Parties agree to terminate the Agreement in writing.

5.          The User undertakes to stop using the Service if the Agreement is terminated for any reason.

 

Article 5          IP Rights

1.          The Service developed by TeamTV, including the software, will remain the property of TeamTV. This Agreement will only grant the User a non-exclusive right of use.

2.          The User may not make any changes to the software underlying the Service.

 

Article 6          Liability

1.          TeamTV is not liable for claims of the User on whatever grounds, except in case of intent or deliberate recklessness attributable to TeamTV.

2.          Indirect damage is never eligible for compensation. Indirect damage includes but is not limited to losses due to delays, consequential damage, lost profit, loss of income, lost savings, and damage as a result of business interruptions.

3.          Without prejudice to the provisions in paragraph 1 and 2 above, each liability of TeamTV will be limited to the amount paid based on its professional/corporate liability insurance for the specific event, plus the amount of the co-payment not borne by the insurance companies according to the policy conditions. Information about the (coverage provided by the) professional/corporate liability insurance(s) taken out by TeamTV will be provided on request.

4.          If, for whatever reason, the insurance company referred to in paragraph 3 refuses to offer compensation, any liability of TeamTV will be limited to the amounts paid by the User to TeamTV during the relevant calendar year for the work provided for its benefit, which liability amount will be limited to a maximum of € 5,000.

5.          In case of force majeure, which at least includes disruptions to or the unavailability of the Internet or telecommunications infrastructure, power outages, domestic unrest, mobilisation, war, transport obstructions, strikes, lock-out, company disruptions, delivery stagnations, fire, floods, import and export restrictions, as well as when TeamTV is prevented from providing the Service due to its own vendors based on which fulfilment of the Agreement cannot reasonably be demanded from TeamTV, the implementation of the Agreement will be suspended or terminated if the situation of force majeure has lasted more than ninety days, everything without any obligation to pay any form of compensation.

 

Article 7       Changes in prices and conditions

1.       TeamTV may change these terms and conditions as well as the prices at any time.

2.       TeamTV will announce the changes or additions at least thirty days before they come into effect via the service so that you can take note of them

 

Article 8          Final provisions

1.          This Agreement is governed by the laws of the Netherlands.

2.          To the extent not otherwise required by mandatory law, all disputes which may arise in relation to this Agreement will be brought before the competent District Court of Gelderland in Arnhem.

 

Annex 1

 

The TeamTV Video-analysis product contains the following features:

●      Uploading videos

●      Coding/tagging videos

●      Watching videos and video clips

●      Sharing videos and video clips with team members

●      Live coding/tagging

●      Live statistics

●      Live score widget

●      Interactive dashboard

●      XML import

●      Unlimited number of teams

●      Unlimited number of users

 

The TeamTV Highlights product contains the following features:

●      Select template for highlight video

●      Generate highlight video based on (live-)tagging data

●      Edit clips in highlight video

●      Add voice-over to highlight video

●      Export highlight video with overlays

 

The TeamTV Live-streaming product contains the following features:

●      Receive incoming RTMP live-streams

●      Add overlays to incoming live-streams based on live-tagging data

●      Send live-streams to multiple output RTMP destinations

●      Make live-stream available for Video-analysis

 

The TeamTV Automatic Camera product contains the following features:

●      Schedule matches for automatic recording

●      Automatic recording of matches

●      Automatic mid-line PTZ camera control

●      Hockey specific features:

o   Penalty corner zoom

●      All features are software features; hardware is excluded

 

The TeamTV Development product contains the following features:

•      View user development

•      Update user development

•      Tag user development in videos

•      Rate tagged user development clip

•      Add note to user development clip

 

TeamTV Embedded Video-analysis contains the following features:

●      Upload embed script

●      Clipping embed script

●      Viewing embed script

●      Automatic clipping/tagging based on timestamped datafeed

●      Access to Usage, Footage and Clips API’s

●      Webhooks

●      Configurable tag panel based on json

●      Configurable theme