Terms of Use
1. Acceptance of the Terms
These terms of use (the "Terms") constitute a legally binding agreement between you and HeadsUp Scouting ("we", "our", "us"), governing your access to and use of HeadsUp Scouting (the "Service").
Access to the Service may be subject to an invitation or prior authorization from us.
By accessing the Service following an invitation or authorization from us, you acknowledge that you have read, understood, and accepted these Terms, as well as our Privacy Policy.
2. Service description
HeadsUp Scouting is a SaaS mobile application that allows users to enter raw notes in order to standardize hockey player evaluations. The Service is provided "as is" and may evolve over time.
We reserve the right to modify, suspend, or discontinue all or part of the Service at any time, with or without notice. We will not be liable to you or any third party for any interruption.
3. Your account
Access to the Service is granted upon our invitation or authorization.
You agree to:
- provide accurate, complete, and up-to-date information when requesting access.
- not share your access with third parties without prior authorization.
- immediately notify us of any unauthorized use of your access.
- be responsible for all activity carried out through your access to the Service.
- not use unauthorized or multiple access credentials without our prior written consent.
Each user may maintain only one active account, unless otherwise authorized in writing by HeadsUp Scouting.
4. Acceptable use
You agree not to use the Service to:
- Violate applicable laws or regulations.
- Transmit content that is illegal, offensive, defamatory, or infringes upon the rights of others.
- Attempt to gain unauthorized access to our systems or those of third parties.
- Distribute malware, viruses, or any harmful code.
- Collect data from other users without their consent.
- Automate access to the Service without prior written authorization.
- Resell or sublicense access to the Service.
Any violation may result in the immediate suspension of your account.
5. Your content
You retain ownership of all content you submit to the Service ("Your Content"). By submitting it, you grant us a limited, non-exclusive, worldwide, royalty-free license to host, store, and display Your Content solely for the purpose of providing you with the Service.
You represent and warrant that:
- You have the necessary rights to Your Content.
- Your Content does not violate the rights of third parties or applicable law.
- Your Content is not fraudulent, misleading, or harmful.
We may remove any content that violates these Terms without prior notice.
6. Intellectual property
The Service, its interface, source code, trademarks, logos, and all associated documentation are the exclusive property of HeadsUp Scouting or its licensors. No rights are transferred through your use of the Service.
You may not copy, modify, distribute, sell, lease, or create derivative works from our proprietary materials without prior written authorization.
7. Fees and payment
Certain features of the Service may be subject to fees. Where applicable:
- Prices are listed in [CAD / USD] as applicable, plus applicable taxes.
- Subscriptions are billed in advance, either monthly or annually depending on your selection.**
- Payments are non-refundable, except where required by applicable law.
- We reserve the right to change our pricing with 30 days' notice.
In the event of non-payment, we may suspend or terminate your access to the Service.
8. Termination
You may terminate your access to the Service at any time by contacting us by email at [email protected]. Termination takes effect at the end of the current billing period, if applicable.
We may immediately suspend or terminate your access if you violate these Terms, without prejudice to any other remedies. Upon termination:
- Your right to use the Service ends immediately.
- We may delete Your Content in accordance with our Privacy Policy.
- Provisions that by their nature should survive termination will remain in effect.
9. Limitation of liability
To the fullest extent permitted by applicable law, HeadsUp Scouting will not be liable for any indirect, incidental, special, consequential, or punitive damages, including loss of profits, data, or business opportunities, except in cases of gross negligence or intentional misconduct, or where applicable law does not permit such a limitation.
Our total liability to you, for any cause whatsoever, is limited to the amount you paid for the Service during the 12 months preceding the event giving rise to the claim.
The Service is provided "as is" and "as available," without warranties of any kind, express or implied.
10. Changes to the Terms
We may modify these Terms at any time. In the event of material changes, we will notify you by email or through the Service at least 30 days before they take effect.
Continued use of the Service after this period constitutes your acceptance of the new terms. If you do not accept the changes, you must stop using the Service before the effective date.
11. Governing law and jurisdiction
These Terms are governed by the laws of the province of Quebec and the applicable federal laws of Canada, without regard to conflict of law rules.
Any dispute arising from these Terms or the use of the Service will be subject to the exclusive jurisdiction of the competent courts of the province of Quebec.
If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions will remain in full force and effect.
13. Entire agreement
These Terms constitute the entire agreement between you and HeadsUp Scouting regarding your use of the Service and supersede any prior agreement or communication.