Tonsser - Terms of Service
User, Club and Partner Terms of Service
By using the Tonsser Service, the User agrees to these Terms of Service and any Supplementary Terms as amended and updated from time to time. Please read the following Terms of Service carefully before using the Tonsser Service. If you do not agree with the Terms of Service, please do not use the Tonsser Service. These Terms of Service apply to any use of the Tonsser Service and to the agreements between a Partner or Club and the User. A more detailed description of the Tonsser Service and information on system requirements is available at [tonsser.com]. Your access or use of any Tonsser Service in any way signifies that you have read, understand and agree to be bound by the Terms of Service. If you register as a company, association or any other legal entity (e.g. a Club or Partner), you represent and warrant that you are authorised to bind the entity into these Terms of Service.
“Club(s)” means a football body consisting of various teams that play in recognised leagues, that is able to form a partnership with Tonsser.
“Club Agreement” means any club agreement concluded between Tonsser or any subsidiary of Tonsser and a Club inter partes which shall be attached and included as an integral part of these Terms of Service which shall have precedence over the Terms of Service inter partes.
“Club Representative” means any natural or legal entity that is legally obliged to represent the Club when entering into agreements.
“Partner(s)” means an association, league, brand, or similar body who has entered into an agreement with Tonsser and who offers its content, experiences, and brand affiliation to benefit players, coaches or the football landscape through the Tonsser Service.
“Partner Agreement” means any partner agreement concluded between Tonsser or any subsidiary of Tonsser and a Partner inter partes which shall be attached and included as an integral part of these Terms of Service which shall have precedence over the Terms of Service inter partes.
“Partner Representative” means any natural or legal entity that is legally obliged to represent the Partner when entering into agreements.
“Supporter” means any parent, guardian, person in custody or other trusted person (being a User) authorised by a football player (being a User) to administrate the football player’s User and User Content.
”Terms of Service” means these terms of service including any Supplementary Terms as amended and updated from time to time.
“Tonsser” / “we” / “us” means the Danish limited liability company Tonsser ApS with its registered address at Godthåbsvej 34 B, 2nd 2000 Frederiksberg, Copenhagen, Denmark, company registration (CVR) no. 35472088 for Users registered in any location.
“Tonsser App” means any digital application called Tonsser provided by Tonsser for natural and legal persons to create a User or presence by uploading/viewing content, results, and performance inputs either as a User or Partner.“Tonsser Discover” means the platform which the Club and other clubs have access to being the relevant information database underlying the Tonsser App and the other Tonsser Services.
“Tonsser Service” means both the Tonsser App (across various platforms and available in different app stores) and Tonsser website [tonsser.com] and Tonsser Discover and other additional locations as mentioned at [tonsser.com].
“User(s)” means a natural or legal person using the Tonsser Service, as either a player, coach, Supporter, or other similar entity.
“User Content” anything posted by a User (save for Supporters) or made available through the Tonsser Service by the User.
2. Changes to the Terms of Service
2.1. We may, from time to time, change, remove, add to (including without limitation by way of Supplementary Terms) or otherwise modify the Terms of Service, and reserves the right to do so in our sole discretion. In that case, we will post the updated Terms of Service and/or Supplementary Terms, as relevant, to the applicable Tonsser Service(s) and indicate the date of revision.
2.2. We encourage you to periodically review the Terms. In addition, if our modifications are material, we will make commercially reasonable efforts to notify you electronically, e.g. by way of email address, if we have an email address on file, or by displaying a notice on the Tonsser Service indicating that the Terms of Service have changed. All new and/or amended Terms of Service take effect immediately, unless explicitly stated otherwise.
2.3. Notwithstanding the foregoing, (i) no modification to the Terms of Service will apply to any dispute between you and Tonsser that arose prior to the effective date of any modification; and (ii) if you do not agree with any modification to the Terms of Service, you may terminate this agreement by ceasing use of the Tonsser Service. Your continued use of any Tonsser Service after new and/or revised Terms of Service are effective indication that you have read, understood and agreed to those Terms of Service.
3. Description and Purpose of the Tonsser Service
3.1. Tonsser acts as an intermediary between the Users, Clubs and Partners and provides a platform on which the Users can upload performance results, content, and feedback as well as interact with the community of Users, Clubs and Partners.
3.2. In exchange, the Clubs and Partners provide information about exclusive offers, news, content, special events, trial and scouting opportunities through the Tonsser Service.
3.3. A User may create a profile as either a player, a coach, or a Supporter depending on their involvement in football into which they will then input relevant data.
3.4. The objective of providing Tonsser with this data is to help Users to track, and progress through their football career or the career of others. The data provided by Users is used by Tonsser to analyse the youth football industry as a whole, and to connect Users with football opportunities which may best apply to them. This can include, but is not limited to, Club or Partner collaborations, detection events, training, deep learning, or special events.
4. User Accounts
4.1. In order to use the Tonsser Service, the User must create a user account by following the registration instructions in the Tonsser Service. The Tonsser Service credentials are personal. The User shall ensure that any user account credentials and equivalent information required to access the user account of the User are kept confidential and used in a secure manner not accessible by third parties. A User can have only one user account.
4.2. Where it is suspected that any unauthorised person has become aware of a User’s user account credentials or has access to the user account of the User, the User shall immediately inform Tonsser thereof. The User shall be responsible for any use of the Tonsser Service and any activity under the user account of the User.
4.3. In order to use the Tonsser Service, the User must input valid and accurate results and data to the best of their ability. The User agrees to adhere to these rules. The User is responsible to keep their data up to date and accurate, in order to benefit from any profiling, or celebration from Clubs, Partners or from Tonsser.
4.4. Should a User not adhere to these Terms of Service, Tonsser may in its sole discretion remove and delete that User’s account and any related User Content. If a User selects an identifier for their account or team page, Tonsser reserves the right to edit, remove or reclaim it, if we believe it is inappropriate (such as a User name or a team name that does not closely relate to a User’s actual name, club or level).
4.5. The Supporter shall be responsible for any use of the Tonsser Service and any activity under the user account of the Supporter and the User(s) which the Supporter administrates and acts on behalf of from time to time, if any, subject to the same terms and conditions applying to that User in these Terms of Service applying to the Supporter mutatis mutandis (i.e. with the necessary changes being made).
4.6. The creation and maintaining of a Supporter account is subject to a separate payment. Such payment is settled directly to the marketplace facilitating payment and download of the Tonsser App (currently being App Store (hosted by Apple) and Goggle Play Store (hosted by Google)) pursuant to the terms and conditions of the marketplace in question. Any continuous subscription fees will also be subject to those terms and conditions.
5.1 The purpose of utilising the User’s data will be in the spirit of benefitting youth football as a whole, and the User themselves wherever possible.
5.2. Tonsser will request data that is closely linked to Section 3.1 above, and will minimise excessive data collection.
5.3. The onus is on the User to ensure that their data is up to date and accurate via their inputs. From this, Tonsser will ensure that information stored will be accurate and up to date too.
5.5. Tonsser will take any reasonable steps to ensure that personal data is kept secure – against both external and internal threats.
5.6. The User Content provided by Users to the Tonsser Service may be accessed directly by third party providers. This data will not be made anonymous, and may be hosted on a third party provider’s server.
6. Club/Partner Accounts
6.1. In order to use the Tonsser Service, the applicable Club/Partner Representative must accept the Terms of Service on behalf of the Club/Partner. By accepting these Terms of Service, the Club/Partner Representative accepts such on behalf of the Club/Partner itself. Consequently, the Club/Partner is bound by the Terms of Service.
6.2. Upon agreeing to the Terms of Service, the Club/Partner shall be required to activate their community of influencers, players, coaches, and other entities and encourage them to join the Tonsser Service.
6.3. Once the agreed upon community is present on Tonsser, the Club/Partner will then receive various benefits from Tonsser, including but not limited to an official Club/Partner page on the Tonsser Service, data on the community’s performance, a personal account manager, co-hosting event opportunities, as well as access to Tonsser’s scouting team and resources.
6.4. Tonsser and the Club/Partner shall enter into a Club/Partner Agreement. In the event of any conflict or inconsistency between the terms and conditions of the Club/Partner Agreement and the Terms of Service, the terms of the Club/Partner Agreement shall take precedence inter partes and shall govern, modify, supplement, and supersede such inconsistent or conflicting provision(s).
7. Recognising Talent
7.1. By using the Tonsser Service, the User agrees for their information to be shared with applicable Clubs and Partners in order to be profiled, sponsored, scouted, or to receive special offers or opportunities.
7.2. The User accepts that the Tonsser Service is only able to highlight players or coaches on which Tonsser has specific data. This means that the onus is on the User to ensure that their profile is up to date and correct.
7.3. The opportunities created in order to highlight talent are at Tonsser’s complete discretion. Tonsser may take into account the User’s data, social following, content, coach feedback, or any other measure in order to rate talent.
7.4. Tonsser has developed its own algorithms to score talent. These algorithms may be adapted, and developed over time to ensure that this remains an accurate measure of talent.
8. User Generated Content
8.1. Users may post, save, upload and/or contribute (“post”) content to the Tonsser Service, including videos, pictures, text and results (goals, assists, substitutions, cards or similar inputs).
8.2. Users retain all rights in, and are solely responsible for, the User Content posted on Tonsser.
8.3. Upon posting User Content on the Tonsser Service, Tonsser is granted a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use any User Content posted on or in connection to Tonsser Services.
8.4. This license is applicable throughout the User’s period of having a Tonsser account, or until the User deletes the User Content. However, this does not take into account User Content that has been shared by others, including but not limited to other Users, Partners, Clubs, and Tonsser.
8.5. Tonsser and Partners or Clubs may retain and continue to use, store, display, reproduce, repost, modify, perform, and distribute any of your User Content that other Users have stored or shared through Tonsser pursuant to Section 8.3 above. Furthermore, removed content may persist in backup copies for a reasonable period of time (but not available to others).
8.6. Tonsser is not responsible for any User Content nor does it endorse any opinion contained in User Content. We reserve the right to remove and modify User Content for any reason including User Content that we believe violates these Terms of Service.
8.7. Tonsser values feedback from Users, Clubs and Partners, and we are always interested in learning how to improve and make Tonsser and Tonsser Services better. If Users, Clubs or Partners submit comments, ideas or feedback, you understand that we are free to use them without any restriction or compensation. However, we are not obliged to use comments, ideas or feedback, just as you have no obligation to offer them.
8.8. You have sole responsibility for the accuracy, quality, integrity, legality, reliability, appropriateness, and intellectual property ownership or right to use any and all uploaded data that you submit. Tonsser shall not be responsible or liable for the deletion, correction, destruction, damage, loss or failure to store any uploaded data. Tonsser may try to restore lost data, however we do not make any warranty to recovering or restoring lost data.
8.9. There is no tolerance for objectionable content or abusive Users. If a User is found to act in this manner, their account will be suspended with immediate effect.
9. Intellectual Property Rights
9.1. All Intellectual Property Rights (as defined below) in or related to the Tonsser Service and thereto related documentation and all parts and copies thereof shall remain exclusively vested with and be the sole and exclusive property of Tonsser and/or its subcontractors/licensors. “Intellectual Property Rights” shall mean copyrights and related rights (including database and catalogue rights and photography rights), patents, utility models, design rights, trademarks, trade names, trade secrets, know-how and any other form of registered or unregistered intellectual property rights.
9.2. These Terms of Service do not grant the User/Partner/Club any Intellectual Property Rights in the Tonsser Service and all rights not expressly granted hereunder are reserved by Tonsser and its subcontractors/licensors.
10. Additional Provisions for use of the Tonsser Service
10.1. TheTonsser Service is only available to persons of the age of 13 years or older.
10.2 The User, Partner or Club shall observe all applicable rules and regulations when using the Tonsser Service, including the creation or adaption of content.
10.3. We are constantly developing the Tonsser Service and we may change or remove different parts of the Tonsser Service, including features, the products and Partners/Clubs available in the Tonsser Service in part or in whole.
10.4. By using the Tonsser Service, the User, Partner or Club may encounter content or information that might be inaccurate, incomplete, delayed, misleading, illegal, offensive or otherwise harmful. Tonsser does attempt to review any content provided by others. Tonsser is not responsible for third parties' (including the Partners, Clubs and Users) content or information or for any damages arising as a result of the use of or reliance on it.
10.5. Users, Partners and Clubs shall be responsible for obtaining and maintaining any devices or equipment (such as mobile phones, tablets, computers etc.) and connections needed for access to and use of the Tonsser Service and all charges related thereto.
10.6. The User, Partner or Club must not:
(i) use or attempt to use another person’s Tonsser account and/or access another person’s performance data on the Tonsser Service or use another person’s input data when using the Tonsser Service, without consent of that other person or a duly setup Supporter account;
(ii) copy, modify or create derivative works of the Tonsser Service or any related technology;
(iii) reverse engineer, decompile, disassemble, decipher or otherwise attempt to derive the source code for the Tonsser Service or any related technology, or any part there of;
(iv) remove any copyright, trademark or other proprietary rights notices contained in or on the Tonsser Service;
(v) remove, cover or obscure any advertisement included on the Tonsser Service;
(vi) collect, use, copy, or transfer any information obtained from the Tonsser Service without the consent of Tonsser;
(vii) use bots or other automated methods to use the Tonsser Service;
(viii) create a Tonsser account using a fake identity or an identity of another person; and
(vii) access the Tonsser Service except through the interfaces expressly provided by Tonsser, such as the Tonsser App and Tonsser Website.
11. Term and termination
11.1. These Terms of Service (and any amendments thereof pursuant to Section 2 above) are in force as a binding agreement until further notice as long as the User, Partner or Club are using the Tonsser Service or as otherwise stipulated in a Club/Partner Agreement, as the case may be.
11.2. The User, Partner or Club can discontinue the use of the Tonsser Service at any time. Tonsser can discontinue providing the Tonsser Service permanently or temporarily at any time, however, always subject to terms and conditions in the Club/Partner Agreement, as the case may be.
12. Limitation of Liability and Force Majeure
12.1. Except to the extent required by applicable law and then only to that extent, in no event will Tonsser, its employees, officers, directors, affiliates or agents (“Tonsser Parties“) under no circumstances be liable to the User, Partner or Club for any indirect or incidental damages, including lost profits or revenue, lost sales or business, lost data, business interruption, emotional distress or similar, or for any direct damages as a result of third party agreements between Users, Partners and Clubs.
12.2. Tonsser shall not be responsible or liable whatsoever in any manner for any User Content posted on the Tonsser Services (including claims of infringement relating to content posted on the Tonsser Services, for your use of the Tonsser Services, or for the conduct of third parties whether on the Tonsser Services, in connection with the Tonsser Services or otherwise relating to the Tonsser Services).
12.3. In case of force majeure, Tonsser shall have the right to suspend delivery and/or cancel or reduce the content and compilation of the Tonsser Service to be provided and shall not be liable in any way for loss, damage or expense arising directly or indirectly from this, or any other failure or delay in Tonsser’s performance of the Tonsser Service, to the extent that this has been caused by any circumstance beyond Tonsser’s reasonable control, including, without limitation, acts of God; earthquakes; fires; floods; wars; civil or military disturbances; acts of terrorism; sabotage; strikes; epidemics/pandemics; riots; power failures; computer failure and any such circumstances beyond its reasonable control as may cause interruption, loss or malfunction of utility, transportation, computer (hardware or software) or telephone communication service; accidents; labour disputes; acts of civil or military authority; governmental actions; or inability to obtain labour, material, equipment or transportation; industrial disputes (whether or not involving employees of Tonsser); or failure or delays by Tonsser’s material subcontractors, suppliers or partners.
13. Disclaimer of Warranties
13.1. To the fullest extent permitted by the applicable law, Tonsser offers the Tonsser Services as-is and makes no representations or warranties of any kind concerning the Tonsser Services, express, implied, statutory or otherwise, including, without limitation, warranties of title, merchantability, fitness for a particular purpose, or non-infringement.
13.2. Tonsser does not warrant that the functions or content contained on the Tonsser Services will be uninterrupted or error-free, that defects will be corrected, or that Tonsser’s servers are free of viruses or other harmful components. Tonsser does not warrant or make any representation regarding use or the result of use of the content in terms of accuracy, reliability, or otherwise.
14.1. You agree to indemnify and hold harmless the Tonsser Parties (as defined above) from and against any and all loss, expenses, damages, and costs, including without limitation reasonable attorneys fees, resulting, whether directly or indirectly, arising out of your use of the Tonsser Services, including but not limited to your violation of the Terms of Service. You also agree to indemnify and hold harmless the Tonsser Parties from and against any and all claims brought by third parties arising out of your use of any of the Tonsser Services and the content you make available via any of the Tonsser Services by any means, including without limitation through a posting, a link, reference to content, or otherwise.
15.1. Please note that the Tonsser Service may at any time be interrupted or permanently discontinued. The Tonsser Service may also be temporarily suspended. Do not use the Tonsser Service for backing up any data.
15.2. The Partner/Club is solely liable for any misuse of data on behalf of their members, based on their respective Partner/Club Agreement.
15.3. Any failure to exercise or delay by a party in exercising a right or remedy arising in connection with the Terms of Service or by law shall not constitute a waiver of such right or remedy or of any other rights or remedies.
15.4. Any invalidity or unenforceability of a provision shall not affect the validity or enforceability of any other provision of the Terms of Service.
16. Applicable Law and Dispute Resolution
16.1. These Terms of Service shall be governed by and shall be construed in accordance with the laws of Denmark. If you are a consumer domiciled in the EU, please note that you cannot be deprived of the rights granted to you by the mandatory consumer protection laws of your country of domicile. Disputes arising from these Terms of Service shall be resolved by the district court of Copenhagen. A consumer may always institute proceedings in the district court of its domicile. Parties may also use the ODR platform managed by the European Commission to settle their disputes. This platform can be found on http://ec.europa.eu/odr.
17.1. Tonsser shall be entitled to assign all or any of its rights or obligations hereunder in whole or part to an affiliate or successor or to a purchaser or acquirer of its business assets relating to Tonsser Service without the Users, Partners or Clubs prior consent.
17.2. The Users, Partners or Clubs shall not be entitled to assign any of its rights or obligations hereunder in whole or part.
Our Terms of Service was originally written in English (US). We may translate it into other languages.
In the event of a conflict between a translated version of our Terms of Service and the English version, the English version will prevail.
That’s it! Thanks for reading.
2010-11-23: Introduction, implementation and publication of these Terms of Service.
Tonsser - Terms of Service