Terms and Conditions
personal user - online access
Please read these Terms and Conditions carefully before using the InStat Service. Your access to and use of the Service is conditioned on your acceptance of and compliance with the terms of this agreement.
Use of the InStat Service is governed by these terms and conditions at all times and by indicating your acceptance of these terms, or using the InStat Service, you are entering into a binding agreement with us.
If you do not agree to these terms you must not access or otherwise use the InStat Service. These Terms apply to all members, visitors, users and others who access or use the InStat Service.
The parties to this agreement agree the following:
InStat also referred to as "us", "we", "our" or "the company"; refers to InStat Limited. Services delivered by InStat Limited may be processed by related companies Sports Stats (Russia) or Football Statistics (Moldova).
Subscriber also referred to as "you" or "your"; refers to the individual entering into a contract with InStat for access to InStat Statistics be they users, members or visitors.
Agreement; refers to this document and any additional documentation between you and us that has been clearly and unambiguously indicated in writing as an addendum to this agreement and has been signed by both parties.
InStat Statistics; refers to sport statistics and analysis data contained on a database or databases that have been generated is as a result of substantial analysis and transformation by InStat and is sold as the InStat Service.
InStat Service or “Services” or "Service"; refers to the sports analysis and related services operated and provided by InStat and the delivery systems for such data. This service is currently delivered online and vial applications under the InStat Scout brand.
Personal Data: is information relating to an identified or identifiable natural person who can be identified, directly or indirectly, in particular by reference to an identifier such as;a name, an identification number, location data, an online identifier, or one of more factors specific to the physical, psychological, genetic, mental, economic, cultural or social identity of that natural person.
Data Subject: An identified or identifiable natural person
Controller (InStat): The natural or legal person, or body which, alone or jointly determines the purpose and means of the processing of personal data.
Fee: any applicable taxes and service fees charged in connection with your use of InStat Service.
Payment Method: any information concerning your credit card or other available payment method.
When you join the Service you become a User. If you have chosen not to register for our Se vice, you may not use the service.
Instat will provide you with the Services offered at the time of entering into this agreement. You accept these Services as are. You further acknowledge that InStat Services are the result of substantial examination and analysis of sporting performance which may not always be consistent. InStat Statistics are provided on a best endeavors basis and your use of this information is at your own risk
You agree to pay a fee for all premium services provided by InStat to you at the then current rate for the selected service. Payments will require a current credit card. Should you subscribe to a service requiring monthly payment such payment will be administered by a credit card fulfillment firm that is recognised by the banks. We currently use Stripe, DECTA, Apple ID and Google billing accounts. We will not retain your complete credit card details on our systems.
In consideration for the service provided to you, you acknowledge and agree to respect the intellectual property rights of InStat over InStat Statistics and in particular acknowledge and give InStat the right to analyse sports data relating to you in the performance of your sport.
Any part of these Terms which by its nature or implicitly or to give effect to its purpose is to continue in force after expiry or termination of the Services Contract shall survive.
Notwithstanding our duties and responsibilities in relation to the Services, you shall retain responsibility and accountability for managing your affairs and for deciding what to do with information received from the InStat Service.
Any sports data provided by the Services in any form or medium shall be supplied for your benefit and information only and shall be used for the purpose of sports analysis only. Save as may be required by law or by a competent regulatory authority such data shall not be copied, referred to or disclosed by you, in whole or in part, or used for purposes other than those detailed in this clause, without our prior written consent from Instat.
You agree to keep your password for the account secure and confidential and not transfer any part of your account (e.g. InStat statistical data and video content) or login details to your account without explicit consent of InStat. You are responsible for the integrity and security of your account unless you close the account or in the event of misuse, from when you report misuse to us.
Should you materially breach the terms of this agreement we may close your account without prior notice. The sharing of access to your account, or of InStat Statistics accessed through your account without consent form InStat is considered a material breach.
If you wish to purchase any product or service made available through the Service you may be asked to supply certain information relevant to your Purchase including payment, authentication and other information required for legal or taxation purposes.
By agreeing to purchase you give us a permission to obtain and process your payment information.
You agree that we may retain and process your billing data (e.g. credit card) even after it has expired for administrative and taxation purposes.
By signing up for a subscription, you agree that your subscription will be automatically renewed and, unless you cancel your subscription, you authorize us to charge your payment method for the renewal term. By providing Payment Method information for InStat Scout subscription, you are agreeing to pay a monthly subscription fee, and any applicable taxes and service fees (“Fees”) in connection with your use of the Service. The Fees will be charged to your Payment Method automatically at the beginning of your and at the beginning of each subscription period renewal thereafter on the calendar day corresponding to the commencement of your subscription unless you cancel your subscription or your account or your access is suspended or terminated pursuant to these Terms.
You agree that there may be fees and taxes that are added to our prices. Your purchase may also be a subject to exchange fees or differences in prices based on location (e.g. exchange rates). You will be notified of all such additions in advance of payment. If you do not wish to accept a price change, you may cancel your subscription as described in Section 15.
We may calculate taxes payable by you based on the billing information that you provide us at the time of purchase.
ALL FEES ARE NON-REFUNDABLE. As described further in Section 15, even if you cancel the Service during a monthly subscription period, you will not receive a refund for any portion of the Fees for the remainder of that monthly subscription period.
You can cancel your subscription to the Service at any time by contacting us at firstname.lastname@example.org, or by logging into your account at https://instatscout.com/en/account and clicking "Cancel subscription". If you cancel your subscription, the cancellation will go into effect at the end of the then-current monthly subscription period. You will have continued access to the Service for the remainder of your paid subscription period, but YOU WILL NOT RECEIVE A REFUND OF ANY FEES PAID. You must cancel your subscription before it renews for the next month to avoid paying the Fees for the next month.
Notices and Messages
We may provide notices and messages to you through our websites, apps, and contact information. You may opt out of marketing related messages at any time by selecting the 'opt out' option.
We may provide messages to you by default in the following ways: within the Service, or to the contact information you provided to us.
Purpose of Processing;
We may process personal details relating to you or your employees or representatives, for the purpose of administration and delivery of goods and services provided to you, and to make contact with you regarding our services. We may also process personal data in order to manage quality and standards in our work or to facilitate IT maintenance or the administration of our business.
Categories of personal data
Data categories may include name, address, delivery address and details, phone numbers, e-mail contact addresses, social media identifications, unique identifications and usage information relating to electronic communication including but not limited to an IP address, the company you represent, your employer and your position in the organisation, payment details, credit rating, and any other categories directly related to the supply of services to you.
We may also obtain sports performance data and video footage of sports performance that is in the public domain, available on public broadcast or under contract with a club or league.
Should we need to engage third parties for the delivery of service, or for administrative or delivery functions, including but not limited to the collection of debt or the transfer of debt to a third party, we may share personal data provided by you with the parties for these purposes.
Where you request the goods or services to be provided outside the EEA (European Economic Area), or to be delivered in conjunction with others outside of the EEA, personal data provided by you may be shared with organisations or state bodies (customs, revenue authorities and etc.) to fulfil an agreement between us. Where such information is transferred within the InStat Group of companies it may be transferred outside of the EEA. Such transfers are subject to EU approved model contracts for the transfer of personal data. These terms of transfer and safeguards are published on the European commission website and can be viewed here.
Personal Data relating to your sports performance that has been processed and analysed to create InStat Statistics. InStat Statistics is sold commercially and may be delivered to any location worldwide.
Your staff and representatives
If you are purchasing as a business or in any capacity other than in a personal capacity, you warrant that personal information provided to us by you for the administration and delivery of goods and services being provided under the Agreement has been obtained fairly and lawfully. You also warrant that subjects are aware of the purpose for which their personal data is being used and that such data may be transferred outside of the EEA upon your request, and that the privacy rights of subjects have been upheld.
Information and access requests
Data subjects are entitled at any time to make information requests to establish if we hold personal data relating to them, the purpose for which such data is used and the categories of data. Data subject are also entitled to have access to such data, be informed of who has access to that data, of the source of data if it was not provided directly by the subject in the first instance, the logic of any processing, a copy of comment or opinion relating to such activity, and where processing is automated, to make a submission. There are exceptions to some of these entitlements.
Web bases applications / e-mail
Data provided to us may be processed on servers (e-mail, backup, operational applications and other web based software applications used by us), or on the servers of our suppliers or partners that do not reside within the European Economic Area EEA and that have not had an adequacy decision by the commission. Where this occurs we shall, to the best of our ability, inform you of this processing.
Additional personal data
In addition to the personal data described above, we may also hold;
- credit reports received from third parties for the purpose of credit review.
- Information provided by individuals while exercising their rights to access, rectify or erase your data, or to object or complain. This information is retained for the purposes of compliance record keeping and may be used in the event of further legal interaction between the individual and us.
- cctv images of personnel who visit our premises. These recordings are made for the purposes of safety and security
Personal data provided for the operation of your agreement with us will be retained for three years subsequent to the completion of the agreement, or our last communication with you. Some data may be held for longer periods as required by law, or in the event of a possible legal action between the parties where it is deemed necessary to be retained as evidence. Your personal data relating to sporting activity will be retained for longer periods and for clarity, data that has been transformed through analytical work performed by InStat to become part of InStat Statistics will be held indefinitely.
To ensure fair and transparent processing of any such personal data provided by you to us under this agreement we respect the rights of the data subjects. These rights include;
- Where information is collected directly from the subject, to be informed of the controller and representative (listed above), the purpose of processing, who will have access, the retention duration for the data, the consequences of not providing the data, and
- Where data was not provided by the subject, we will identify the source of that data together with data categories.
- To be informed if a failure to provide the personal data will have any direct and material personal consequences
- Information on whether we have Personal Data relating to a subject, the categories of data and the purpose of processing
- Access your personal data. Where the format is not reasonably understood, this shall be delivered in an intelligible format
- Have inaccurate, incomplete or out-of-date personal data that we hold about you corrected, or deleted
- make a submissions to any automated decisions making processes or profiling of you.
- Transfer your data to another controller
- Have your personal data excluded from certain categories of processing.
- Lodge a complaint with the Data Protection Commissioner. Contact details for the DPC can be found at www.dataprotection.ie.
Controller and representative
The Data Controller is InStat and you may communicate with our Data Protection Representative by writing to our registered address, or e-mailing to email@example.com
Assignment of benefit
InStat obtain sports performance data to deliver the InStat Service through agreement with clubs or leagues and from data that is in the public domain. You acknowledge the public nature of sporting performance data and that InStat have invested substantial resource both in terms of quantity and of the quality of analysis and transformation applied to create a separate and distinct database known as InStat Statistics.
You agree that InStat may process sports performance data relating to you for the purpose of analysis of sporting performance and inclusion in InStat Statistics.
You agree that InStat Statistics together with supporting analysis and reformatted video footage are the intellectual property of InStat.
We shall have the right to appoint sub-contractors to assist us in delivering the Services. Where we appoint sub-contractors under this clause, we may share Confidential Information with them and for all purposes in connection with the Agreement we shall accept responsibility for their activities which shall form part of the Services.
We may receive information from you or from other sources in the course of delivering the Services. To the fullest extent permitted by law, we shall not be liable to you for any loss or damage suffered by you arising from fraud, misrepresentation, withholding of information that is material or relevant to the Services, or other deficiency relating to such information, whether on your part or that of the other information sources.
InStat has no control over, and assumes no responsibility for the content, privacy policies, or practices of any third party site or services that may use InStat Statistics. You further acknowledge and agree that InStat shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content available on or through any third party web sites or services.
When you provide information to us on the InStat Service, such information may be shared with other parties in accordance with your privacy settings or subject to a separate agreement overriding these Terms and Conditions. Examples of such agreements include but are not limited to agreements with your club or league.
We receive and store certain types of information when you visit or interact with the Service. For example, we use "cookies," and we obtain certain types of information when your Web browser accesses the Service. Cookies are necessary for the good functioning of the Service, they help us to improve our services and to give you extra functionalities.
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. We will typically provide at least 30 days notice prior to any new terms taking effect. You continued use of the Service after we publish or send a notice means that you are consenting to the updated Terms.
Intellectual Property Rights
InStat reserves all of its intellectual property rights in the Service and in InStat Statistics. Using the Service does not give you any ownership in our Service or the content or information made available through our Service. Trademarks, logos and elements of video used in connection with the Service may be owned by other respective owners. InStat logos and video used for the Service are the property of InStat.
InStat logos, trademarks and Statistics may not be used by you for any further process, or in conjunction with other third parties without express agreement form InStat.
To the extent allowed under law, Instat and it's affiliates and those that InStat work with to provide the Service disclaim all implied warranties and representations (particularly any implied warrantee of merchantability, fitness for purpose, accuracy of data, or non infringement), do not guarantee that the Service will function without interruption of errors, and provide the service on an "as is" and "as available" basis.
Exclusion of Liability
To the extent permitted by law InStat and it's affiliates and those that InStat work with to provide the Service shall not be liable for any indirect, incidental, special, consequential or punitive damages, or any loss of data, opportunities, reputation, profit or revenues related to the use of the Service.
To the extent permitted by law no event shall result in a liability to InStat and it's affiliates and those that InStat work with to provide the Service exceed, in the aggregate for all related claims, that exceeds the lessor of five times the most recent monthly or yearly fee that you paid Instat for the Service, if any, or €1,000.
This limitation of liability shall apply to all claims of liability (warrantee, tort, negligence, contract or law) to the extent permissible by law and even if Instat or it's affiliates have been informed of the possibility of any such damage or if these remedies fail their essential purpose.
We shall not be in breach of our contractual obligations or incur any liability to you if we are unable to comply with the Agreement as a result of any cause beyond our reasonable control.
Each of us can terminate the Services Contract or suspend its operation by giving 30 days prior notice in writing to the other at any time. Termination or suspension under this clause shall not affect any rights that may have accrued for either of us before termination or suspension and all sums due to us shall become payable in full when termination or suspension takes effect.
On termination, you lose the right to access or use the Services. Any amounts owed by you prior to termination remain owed after termination.
The intellectual property rights of InStat over InStat Statistics including sports data relating too you shall endure following the termination of this contract
Operation of an InStat account
You warrant that you shall:
- you shall Comply with all applicable laws, including, without limitation, privacy laws, intellectual property laws, anti-spam laws, export control laws, tax laws, and regulatory requirements While using the InStat Service;
- provide accurate information to us and keep it updated. Use your real name on your profile and not create a false identity on InStat, misrepresent your identity, create a Member profile for anyone other than yourself (a real person), or use or attempt to use another’s account;
- not develop, support or use software, devices, scripts, robots, or any other means or processes (including crawlers, browser plugins and add-ons, or any other technology) to scrape the Services or otherwise copy profiles and other data from the Services;
You warrant that you shall not:
- override any security feature or bypass or circumvent any access controls or use limits of the Service;
- violate the intellectual property rights of others, including copyrights, patents, trademarks, trade secrets, or other proprietary rights. For example, do not copy or distribute (except through the available sharing functionality) the content of others without their permission;
- post anything that contains software viruses, worms, or any other harmful code;
- reverse engineer, decompile, disassemble, decipher or otherwise attempt to derive the source code for the Services or any related technology that is not open source;
- rent, lease, loan, trade, sell/re-sell or otherwise monetize the Services or related data or access to the same, without InStat’s consent;
- use bots or other automated methods to access the Services;
- Monitor the Services’ availability, performance or functionality for any competitive purpose;
- Engage in “framing,” “mirroring,” or otherwise simulating the appearance or function of the Services;
- Overlay or otherwise modify the Services or their appearance (such as inter alia by inserting or removing elements into the Services);
- Interfere with the operation of, or place an unreasonable load on, the Services (e.g., spam, denial of service attack, viruses, gaming algorithms).
Any notice under the Services Contract shall be given in writing and delivered;
- to you be e-mail and/or on the InStat Service.
- by registered post or
- to our address appearing in the Letter of Engagement, and signed for or
- by e-mail to us where such e-mail has been acknowledged by return by a First Person.
Notices shall be deemed delivered on the date of the signing or acknowledgement of receipt as described above.
You are over 16 and agree to and accept the provisions of the Agreement on your behalf. You shall procure that any other beneficiaries shall act as if they had each signed a copy of the Letter of Engagement and agreed to be bound by the Agreement. However, you alone shall be responsible for payment of our Charges or,
Acknowledge that if you are under 16 that you have followed the appropriate acceptance process in the InStat Service to accept the provisions of this agreement. This requires the consent of a parent or guardian.
Each clause or sub clause of the Agreement constitutes a separate and independent provision. If any provisions of the Agreement are judged by any court or authority of competent jurisdiction to be void or unenforceable, the remaining provisions shall continue in full force and effect.
If any provisions of the Agreement are judged by any court or authority of competent jurisdiction to be void or unenforceable, that provision shall be replaced with a provision that gives legal effect to the meaning and intention of the initial clause, and is acceptable to the authority that found the clause to be void or unenforceable.
Failure to exercise or enforce any rights shall not amount to a waiver of such rights.
While engaging with us you should experience a culture of openness and professionalism. We may from time to time ask you to provide feedback, and invite your comment. Should you have reason to feel that you need to discuss our service or complain about our activities, please contact us through our "contact us" facility on our website or Service, by e-mail or by post. We welcome feedback and dialog regarding the service that we offer.
Law and jurisdiction
The Agreement shall in all respects be subject to and governed by Irish law and all disputes arising on any basis from or under the Services Contract shall be subject to the exclusive jurisdiction of the Irish courts.
If you have any questions about these Terms, please contact us firstname.lastname@example.org