These Terms of Use apply to the use of the FOYS Application, developed by Focus On Your Sport B.V. in Amsterdam. The FOYS Application is an integrated online member information system for clubs, foundations, and other (sports) organizations, including associated software, services, websites, web applications, and mobile applications. Focus On Your Sport B.V. develops the FOYS Application for various clients, and the name of the FOYS Application may differ for each client. The FOYS Application is developed under different names for various clients.
1.1 Focus On Your Sport B.V. hereby grants the legitimate recipient of the FOYS Application ("You") a license to use the FOYS Application. This license is limited to use within your own organization.
1.2 This license is personal. The FOYS Application may only be used on the device on which it has been downloaded and installed.
1.3 You will be registered by Focus On Your Sport upon using the FOYS Application with a combination of a unique username and password. You are not permitted to share these credentials, which provide access to the interactive parts of the FOYS Application, with third parties.
1.4 The purpose of the FOYS Application is to provide a service in line with the objectives of the client organization; however, users are free to use the FOYS Application for any purpose within the limits of these Terms of Use and the law.
1.5 You are not permitted to:
1.6 In addition to the terms and conditions of this document, the Apple Store and/or Google Play Store may impose conditions for the purchase and use of the FOYS Application and related matters.
2.1 All rights to the FOYS Application, including associated documentation, modifications, and extensions, remain with Focus On Your Sport B.V. You only acquire those rights and permissions arising from this agreement or separately granted in writing. You may not use, copy, or publish the FOYS Application except as permitted in this document and other publications by Focus On Your Sport B.V. regarding the use of the FOYS Application.
3.1 Agreements regarding the costs for the license mentioned in Section 1.1 for the use of the FOYS Application will be made with your organization.
4.1 Focus On Your Sport B.V. will periodically release updates to fix bugs or improve the functionality of the FOYS Application.
4.2 Available updates will be communicated to you via notifications from the Apple Store and/or Google Play Store or by notifications from Focus On Your Sport B.V., but it is your responsibility to check these notifications. Updates will be applied through these platforms, requiring an active internet connection.
4.3 Installing updates requires your separate consent. Proper application of updates depends on the availability and proper functioning of the Apple Store and/or Google Play, over which Focus On Your Sport B.V. has no control. Focus On Your Sport B.V. is not responsible or liable for any incorrect execution of updates. There is no liability for any damage caused by errors resolved in an update that you did not install.
5.1 The FOYS Application processes personal data. For more information, refer to the privacy statement available at https://www.focusonyoursport.nl. By accepting these Terms of Use, you consent to the processing of personal data as described in the privacy statement.
6.1 You are responsible for installing and activating the FOYS Application.
6.2 Focus On Your Sport B.V. provides reasonable support via the website and/or email (or other announced channels). However, Focus On Your Sport B.V. does not guarantee that any issues or requests you make will be addressed and/or resolved.
7.1 Focus On Your Sport B.V. guarantees that it will make every effort to investigate and address any reported bugs as quickly as practically possible and to repair such bugs or seek a solution. Focus On Your Sport B.V. may defer the repair of low-impact bugs until the next scheduled update.
7.2 Except in cases of willful misconduct or gross negligence or the violation of an above-mentioned effort obligation, Focus On Your Sport B.V. is not liable to you, regardless of the grounds, for any damage related to the FOYS Application.
7.3 There is no liability if damage is not reported to Focus On Your Sport B.V. in a timely manner after discovery. Furthermore, there is no liability if the cause of the damage is beyond the control of Focus On Your Sport B.V. (force majeure).
7.4 There is no liability for damage that directly or indirectly results from incorrect operation of the Apple Store and/or Google Play Store.
8.1 This agreement comes into effect when you use the FOYS Application and remains in force until the use is terminated, the agreement between your organization and Focus On Your Sport B.V. is terminated, and/or the FOYS Application is removed by you.
8.2 The agreement may be terminated at any time by either you or Focus On Your Sport B.V.
8.3 This agreement will automatically and immediately terminate if you declare bankruptcy, apply for suspension of payments, have your assets seized, or if your legal entity enters liquidation, statutory dissolution, or winding-up.
8.4 Upon termination of the agreement (for any reason), you must cease using the FOYS Application. Additionally, you must remove all copies (including backup copies) of the FOYS Application from your phone and all computer systems you manage.
9.1 This license agreement for users of the FOYS Application is governed by Dutch law.
9.2 Unless otherwise required by mandatory law, all disputes arising from this agreement will be submitted to the competent Dutch court.
9.3 The invalidity of any provision of this agreement will not affect the validity of the entire agreement. In such a case, the parties will draft a replacement provision that is valid and closest in intent to the invalid provision.
9.4 Focus On Your Sport B.V. may transfer its rights and obligations under this agreement to a third party if that party acquires the copyright of the FOYS Application.
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