This is an automated translation of our original Terms of Use in German. In any case of translation uncertainty, the German version apply.

Term of Use for My Ice Hockey

 

Between Client

– hereinafter referred to as the Customer

 

and Contractor

Force8 Ltd

Seefeldstrasse 233

8008 Zurich

Switzerland

– hereinafter referred to as Force8  –

– together referred to as the Contracting Parties

 

 

1             Scope of application

1.1 These Terms of Use are valid as of 06.03.2019 and replace all previous versions.

1.2 Together with the confirmed offer and any other contractual documents, these Terms of Use constitute the final agreement (hereinafter referred to as the “Agreement”) between the Customer and Force8. These Terms of Use are an integral part of all offers, order confirmations, invoices, and every My Ice Hockey login.

1.3 The following Terms of Use apply between the Customer listed in the Service Agreement and Force8 unless otherwise mandatorily required by law in individual cases or unless otherwise expressly agreed in writing by the parties. Furthermore, by using the services of My Ice Hockey, customers or users agree to these Terms of Use.

1.3 The Privacy Policy is an integral part of these Terms of Use – see https://myice.hockey/en/protection-of-data-privacy/

 

2             General content of the agreement

2.1 These Terms of Use apply to the use of the “My Ice Hockey” software of Force8 in accordance with the current product description as “Software as a Service” (SaaS). The software is operated by Force8 as a SaaS solution. The Customer is enabled to use the software stored and running on the servers of Force8 or a service provider commissioned by Force8 via an Internet connection for its own purposes during the term of this Agreement and to store and process its data with its help.

2.2 These Terms of Use apply exclusively. Terms of use of the customer shall not apply. Counter-confirmations of the customer with reference to his own terms and conditions are expressly rejected.

2.3 Presentations, statements and the like shall only be binding upon their legally valid signature. In the case of other work results, the binding nature shall only be given if this is expressly recorded in writing. Interim reports and preliminary work results may deviate considerably from the final result and are not binding.

2.4 If individual employees are named in the agreement, Force8 shall make reasonable efforts to ensure that these named individuals are available to the customer to support Force8’s work during the anticipated period specified in the agreement. Force8 shall have the right to replace individual employees. Force8 may use suitable third parties to perform its services.

2.5 Deadline specifications are considered general targets unless they are expressly agreed as binding assurances.

2.6 You hereby instruct Force8 to process personal data of the data subjects for the purpose of providing the Service. Force8 will not process the personal data of the Data Subjects for any other purpose. The processing of personal data by Force8 shall be carried out on behalf of the Customer. The Customer is and remains the controller of the processing of personal data. Therefore, the Customer is responsible for compliance with applicable data protection laws, in particular with regard to the lawful transfer of personal data to Force8 and/or its sub-processors and the lawful processing of personal data in general.

For further questions or information on data protection, please go to https://myice.hockey/datenschutz/.

2.7 Customer hereby acknowledges and warrants that any Personal Data it uploads, imports, stores or retrieves from Force8 and/or any Sub-Processor for the provision of the Service is solely data obtained with valid and effective authorization, as required by applicable law (e.g., explicit and informed consent), from the Data Subjects for the processing of such Personal Data. To the extent that Personal Data is from the Customer and/or Personal Data is from Data Subjects and the Customer is authorized to represent such Data Subjects, the Customer, on behalf of itself and any person or company it represents, hereby consents to Force8 and/or any sub-processors processing Personal Data for the purpose of providing the Service.

2.8 Customer hereby agrees not to send or cause to be sent any emails to unsolicited addresses/recipients, including persons or companies who have indicated that emails are unsolicited. Customer acknowledges and warrants that any email addresses, phone numbers, or other contact information (guests, customers, employees, or third parties) used in connection with the Service may be used specifically for the purpose of receiving correspondence from them. The Force8 is not responsible for the content of any emails sent to Guests, Customers, Employees or third parties through the use of the Service. The Force8 provides reasonable efforts with respect to the delivery of emails when using the Service. However, Force8 does not guarantee the deliverability of the emails. The Force8 is not responsible for any actions of persons receiving emails issued through the use of the Service.

Do not use the Service to send anything to email recipients that:

a) is unlawful, threatening, abusive, harassing, defamatory, libelous, fraudulent, invasive of another’s privacy, torpedoing, obscene, vulgar, pornographic, libelous, profane, contains or depicts nudity, contains or depicts sexual activity, or is otherwise inappropriate or illegal; or
b) constitutes unauthorized or unsolicited advertising, junk or bulk e-mail (“spamming”) as defined by applicable law; or
c) contains software viruses or other computer code, files or programs designed or intended to interfere with, damage, limit or disrupt the proper working of any software, hardware or telecommunications equipment or to gain unauthorized access to systems, data, passwords or other information from Force8 or any third party; or
d) include any material in any email that was not created by you, provided to you, or that infringes the rights of any third party (including text, photographs, graphics and other content); or
e) impersonate any person or entity, including an employee or agent of Force8; or
f) contains identification documents, personal data or other sensitive information of individuals; or
g) provides for uploading or transferring to purchased lists, rented lists or lists from third parties of any kind.

2.9 All users of the Customer working with the Force8 Service must follow the rules of conduct and acceptable use policies set forth in this Section 2 (“General Content of the Agreement”). If the Customer violates this policy or any other provision of this Agreement, Force8 may immediately suspend or terminate the Customer’s account without prior notice, which shall not affect the Customer’s obligations under this Agreement.

 

3             Placing of orders

3.1 An order is deemed to have been placed when:

the customer accepts a quotation,
a written order confirmation is received
a verbal order confirmation has been received or it is clear from the circumstances that the customer is willing to purchase the service or product in question,
or an offer has been made and Force8 has commenced work with the knowledge and consent of the customer.

3.2 In the case of framework offers, the order shall also be deemed to have been placed if the further procedure is regulated in separate plans (e.g. project plans). The dates, working days or resources reserved in accordance with such plans shall be deemed to have been commissioned as part of the framework offer.

 

4             Cooperation and obligations of the customer

4.1 The customer shall support Force8 to a reasonable extent in the performance of the contractual services.

4.2 The customer is responsible for the proper and regular backup of its data. This also applies to documents provided to Force8 in the course of the execution of the contract.

4.3 In order to use the software, the customer must meet the system requirements set forth in the product description or the order sheet. The customer shall be responsible for this.

4.4 The Customer must keep the access data provided to it secret and ensure that any employees to whom access data is provided do likewise. The Service of Force8 may not be made available to third parties unless this has been expressly agreed by the Parties.

4.5 The Customer undertakes not to entice away any employees of Force8 in any form whatsoever. This non-solicitation clause shall apply for the duration of the contractual relationship between Force8 and the Customer and until one year after its termination. In the event of a breach of this non-solicitation clause, the customer undertakes to pay a contractual penalty in the amount of CHF 20,000. Payment of the contractual penalty does not release the customer from the non-solicitation clause. We reserve the right to claim further damages.

 

5             Type and scope of the service

5.1 Force8 shall make the “My Ice Hockey” software available to the customer for use in the respectively agreed version at the router exit of the data center where the server with the software is located (“transfer point”). The Software, the computing power required for its use and the required storage and data processing space are provided by Force8. Force8 is not responsible for establishing and maintaining the data connection between the Customer’s IT systems and the described Delivery Point.

5.2 The customer may not use the services in an improper manner. The use takes place exclusively within the legal framework. Force8 reserves the right to suspend or delete access in the event of suspected misuse.

5.3 In connection with the use of the Services, Force8 may send service announcements, administrative messages and other information. Force8 may contact the Customer through any channels.

5.4 The Customer is obliged to keep passwords confidential. The User is responsible for activities in the User Account. Users may not reuse passwords used at My Ice Hockey in third party applications.

5.5 Force8 may add new features to its My Ice Hockey software, remove them, suspend modules or discontinue them permanently.

 

6             Availability of the Software

6.1 Force8 draws the Customer’s attention to the fact that restrictions or impairments of the Services provided may arise that are beyond the Provider’s control. This includes, in particular, actions by third parties not acting on behalf of the Provider, technical conditions of the Internet that cannot be influenced by the Provider, and force majeure. The hardware and software and technical infrastructure used by the customer can also have an influence on the services of the provider. Insofar as such circumstances have an influence on the availability or functionality of the service provided by the Provider, this shall have no effect on the contractual conformity of the services provided.

6.2 The Client is obliged to report functional failures, malfunctions or impairments of the software immediately and as precisely as possible to support @ myice.field hockey.

 

7             Data Processing Rights, Data Backup

7.1 Force8 complies with the statutory data protection provisions (see “Data Protection” on our website).

7.2 The Customer grants Force8 the right, for the purposes of executing the contract, to reproduce the data to be stored by Force8 for the Customer to the extent necessary to provide the Services owed under this contract. Force8 is also entitled to keep the data in a failover system or separate failover data center in Switzerland. In order to eliminate disruptions, Force8 is further entitled to make changes to the structure of the data or the data format.

7.3 Force8 regularly backs up the customer’s data on the server for which Force8 is responsible to an external backup server. The Customer may, to the extent technically possible, excerpt this data at any time for backup purposes and is obligated to do so at regular customary intervals. If this is not possible, Force8 shall provide the customer with the data as a backup once a month. These expenses will be billed on a time and material basis.

 

8             Support

8.1 A support case exists if the Software does not fulfill the contractual functions according to the product description. The type and manner of the error message is determined by the website, as is the scope of the support services.

8.2 If the Customer reports a support case, it shall provide as detailed a description as possible of the respective malfunction in order to enable the most efficient troubleshooting possible.

8.3 The parties may reach a separate agreement on the provision of support, maintenance and servicing services.

 

9             Fees and Expenses

9.1 In addition to the license claim, Force8 is entitled to reimbursement of expenses and third-party fees incurred. Travel time, other than commuting time from a local residence to the normal work site, will be included in the hours required to perform the Services and will be billed.

9.2 Cost estimates are based on estimates of the scope of work necessarily involved and are prepared on the basis of data provided by the Customer. Therefore, they are not binding for the final calculation of the fee.

9.3 All price quotations are exclusive of taxes.

9.4 License invoices and statements of out-of-pocket expenses must be paid within 10 days to the account specified by Force8. If payment is not received by the due date, Force8 has the right to immediately discontinue contractually guaranteed services or to deviate from the service level. This right includes the blocking of online access. Furthermore, in this case Force8 has the unilateral right to terminate the Agreement without notice and extraordinarily.

9.5 In the event of termination of the Agreement, the Customer shall pay Force8 for all Services provided up to the date of termination. In the event of an extraordinary termination by the Customer, the Customer shall pay all additional costs incurred by Force8 due to the early termination of the Service.

9.6 Regardless of the reason for termination of the Agreement, the Customer shall bear all costs for repatriation. Force8 shall charge the prices defined in the Agreement for Services requested by the Customer beyond the Termination Date.

 

10         Exchange of Information

10.1 The parties undertake to maintain confidentiality regarding all confidential information of which they become aware on the occasion of or in connection with the receipt or provision of services within the scope of the execution of the contractual relationship. All data concerning facts, methods and knowledge which, at least in their concrete application in the context of the performance of the contractual relationship, are not generally

a) is or becomes generally accessible to the public, whereby this is not due to a breach of an obligation under this clause 10;
b) were acquired from a third party without a confidentiality obligation;
c) are or have been independently created by the recipient of the Confidential Information or known to him or them prior to receipt;
d) is generally known or can be easily determined by third parties with general knowledge.

10.2 Exempt from this is the disclosure of Confidential Information for the necessary protection of justified own interests, insofar as the respective third parties are subject to an equivalent obligation of confidentiality.

10.3 Force8 is further entitled to disclose confidential information to a third party if this is necessary for the provision of the Service. Force8 may process the information of which it becomes aware, in particular also the personal data of the customer, using IT technology or have it processed by third parties. This also makes the information accessible to persons who perform system support and control functions as part of the processing process. Force8 shall ensure that the relevant persons are also subject to the obligation to maintain confidentiality.

10.4 Force8 explicitly points out that it should not receive any sensitive personal data from the customer via unencrypted methods. This applies in particular, but not exclusively, to access or guest lists.

10.5 The obligation to maintain confidentiality shall survive the termination of the contractual relationship. The foregoing obligation does not prevent Force8 from executing the same or similar orders for other customers while maintaining confidentiality.

10.6 The Parties may use electronic media such as telephone, fax, websites, and e-mail for their communication in the course of the execution of the contractual relationship. In the course of electronic transmission, data may be intercepted, destroyed, manipulated or otherwise adversely affected, as well as lost for other reasons and arrive late or incomplete. Each party must therefore take appropriate precautions on its own responsibility to ensure error-free transmission or receipt, as well as the detection of elements that are defective in terms of content or technology. The Customer acknowledges that absolute protection is not possible.

10.7 As an auxiliary person, Force8 is subject to professional secrecy pursuant to Art. 321 of the Swiss Penal Code.

 

11         Industrial property rights and rights of use

11.1 All property rights such as intellectual property rights and licensing rights to the documents, products or other work results produced by Force8 as part of the execution of the contractual relationship as well as the know-how developed or used in the process are the exclusive property of Force8, irrespective of any cooperation between Force8 and the customer.

11.2 Force8 grants the customer a non-exclusive and non-transferable right of use for the customer’s own exclusive use for the duration of the contract to the documents, products and other work results provided to the customer, including the associated know-how.

11.3 The Customer is not entitled to reproduce, modify, distribute, sell or lease any part of the Software. The My Ice Hockey software may not be reverse engineered nor may any attempt be made to extract the source code.

11.4 The Customer may only pass on documents, products and other work results or parts thereof as well as individual technical statements to third parties with the express written consent of Force8.

11.5 The Customer shall refrain from modifying the documents provided to it by Force8, in particular the binding reporting. The same applies to products and other work results insofar as their purpose is not precisely to be further processed by the customer.

11.6 Permission to make reference to the existing contractual relationship between the parties, in particular in the context of advertising or as a reference, is hereby granted in full. For this purpose, images of the Customer’s company logo may also be used on the Internet, in company presentations, brochures, advertisements, etc.

 

12         Warranty and Liability

12.1 Force8 makes no express or implied warranties, representations or endorsements with respect to the Site, the Service or the Content. Force8 expressly disclaims all warranties of any kind, express or implied, statutory or otherwise, including but not limited to implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, with respect to the Website, the Service, the Content and any products or services provided or to be provided through the Website.

12.2 Force8 does not warrant that the functions performed by the Website or the Service will be uninterrupted, timely, secure or error-free or that defects in the Website or the Service will be corrected.

12.3 Force8 does not guarantee the results that may be obtained from the use of the Service.

12.4 Force8 does not warrant the accuracy or completeness of the Content or the correction of any errors in the Content. The Website, the Service and the Content are provided “as is” and “as available” only.

12.5 Under no circumstances shall Force8 be liable for any damages of any kind, including but not limited to direct, incidental, consequential, special, exemplary or other indirect damages, arising out of or in connection with

a) the use or inability to use the Site, the Service or the Content
b) any transaction carried out through or made possible by the website
c) any claims arising from errors, omissions or other inaccuracies on the Website, the Service and/or the Content
d) the access by unauthorized persons to or the transmission of data
e) the loss or corruption of uploaded data (including but not limited to guest lists); or
f) any other matter related to the Website, the Service or the Content, even if Force8 has been informed of the possibility of such damage.

12.6 If the Customer is dissatisfied with the Website, the Service, the Content or the Terms of Use, the sole and exclusive right is to cease using the Website and/or the Service.

12.7 Since the applicable law may not allow the exclusion or limitation of liability to the extent stated above, some of the above limitations may not apply. In such case, Force8’s liability is limited and the warranty is excluded to the fullest extent permitted by applicable law.

 

13         Duration of the Agreement

13.1 The Agreement is effective from the Start Date specified in the Agreement or, if no Start Date is defined, from the date the Agreement is signed by both parties.

13.2 Our licenses are concluded for the period of 12, 24 or 36 months. Invoicing is done in advance. Unless the customer cancels the license no later than 60 days before the expiration of the license period (usually April 30), the license will be automatically renewed for another 12 months.

13.3 If the Customer violates any provision of the Agreement, Force8 may immediately suspend or terminate the Services.

13.4 Both parties reserve the right to extraordinary termination for good cause if the legal requirements are met. Good cause for Force8 exists in particular if the customer is more than two months in arrears with the payment of a due fee despite a reminder. If the customer is responsible for the reason for termination, the customer is obligated to pay Force8 the agreed remuneration less the expenses saved by Force8 until the date on which the contract would end at the earliest in the event of ordinary termination.

13.5 Declarations of termination must be in text form to be effective. Compliance with this form is a prerequisite for the effectiveness of the termination.

13.6 Upon termination of the Agreement, Force8 shall return to the Customer for a fee all documents provided by the Customer and still in Force8’s possession as well as data carriers related to the present Agreement, and shall hand over to the Customer or delete the data stored at My Ice Hockey at the Customer’s option, unless there are retention obligations or rights.

 

14         General

14.1 Except for the Customer’s obligation to pay for the Services provided, neither party shall be liable for any failure to perform any obligation under this Agreement for reasons beyond its reasonable control.

14.2 If any provisions of the Agreement are invalid in whole or in part, such provisions shall be excluded from this Agreement. However, this shall not affect the enforceability of the remaining provisions of this Agreement.

14.3 Force8 is entitled to provide Services to other customers.

14.4 Force8 may amend these Terms of Use at any time. You should therefore review these Terms of Use regularly.

14.5 Notices must be in writing.

14.6 The Agreement is governed by Swiss law.

14.7 The court having jurisdiction for the place of Force8’s registered office shall have exclusive jurisdiction for all disputes arising from this Agreement, unless another court has exclusive jurisdiction based on mandatory statutory provisions.