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Welcome to the Eyeball Mobile Application or Eyeball Platform, both called "Eyeball" or "Discover" provided by Eyeball s.r.o., with its registered office at Jungmannova 745/24, Nové Město, 110 00 Prague 1, Czech Republic, ID No. 096 74 454, registered in the Commercial Register maintained by the Municipal Court in Prague, under File No. C 340190 ("EYEBALL").
1. Definitions
"Account" means the user account accessible via the Platform or the Application.
"Agreement" means the agreement concluded between You and EYEBALL in accordance with these Terms, based on which the Platform and/or the Application is provided to You.
"App Store" means Apple's software distribution platforms.
"Apple" means Apple Inc., a California corporation with its principal place of business at One Apple Park Way, Cupertino, California 95014, USA, and its worldwide subsidiaries and affiliates.
"Application" means the application called "Eyeball" or "Discover" provided by EYEBALL to use the Functions of the Application. The Application can be available to You as a dedicated downloadable application from Google Play and/or App Store.
"Business User" means any User who is not a Consumer.
"Civil Code" means Act No. 89/2019 Coll., Civil Code as amended.
"Club Account" means page of a club in the Application and/or on the Platform which you may edit using the Functions available to You in Your Account; the Club Account includes specific private Functions visible only to You depending on your Role and specific public Functions visible to You, Your players and other Users of the Platform (for more details please see below).
"Consumer" means a User who is a natural person acting outside the scope of their trade, business, or profession when using the Application and/or the Platform. Consumers are entitled to specific rights under applicable consumer protection laws.
"Coupon" means a voucher based on which You may use certain Functions specified in the Coupon that might otherwise be dependent on Tokens.
"Content" means all content, including, but not limited to, text, images, and videos available through or in the Application and/or Platform, regardless of whether originally provided by the Users, affiliates, clubs, teams, scouts, EYEBALL, and/or other services operated by EYEBALL. Content is digital content within the meaning of applicable legislation.
"Data Privacy Regulation" includes, for example, the GDPR and Act No. 110/2019 Coll., on the processing of personal data.
"Device" means iOS and Android mobile devices and any other device with downloaded Application or accessing the Application and/or the Platform through the web browser, for which the Application and/or the Platform is customized and intended.
"GDPR" means regulation (EU) No. 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons regarding the processing of personal data and on the free movement of such data.
"Google" means Google LLC, organized under the laws of the State of Delaware, USA, and operating under the laws of the USA, with its principal place of business at 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA.
"Google Play" means Google's software distribution platforms.
"GUI" means Graphic User Interface, i.e., a graphic front-end that can be seen as a User without super-admin or other special access permissions on the screen of a Device.
"EYEBALL Equipment" means camera equipment sold or leased by EYEBALL, including all its components and accessories; the EYEBALL Equipment is specified in the relevant Agreement or on the Platform and/or in the Application.
"Fee" means payment requested from You to use the Platform and/or Application and its Functions. Information about Fees is available in Annex 5 of the Terms.
"Functions" means features of the Application and/or Platform available to You in GUI dependent on your Role and/or use of Tokens and/or the use of Coupon or payment of the Fee.
"License" means the license granted to You by EYEBALL that is subject to these Terms.
"Payment Method" means a method available in the Application and/or on the Platform for the Users to purchase the Tokens.
"Platform" means a server-based software provided by EYEBALL available at domain name eyeball.club operated and provided to the Users by EYEBALL to use the Functions of the Platform.
"Player" means an individual who is registered, listed, or otherwise included in a Team Account or Club Account for the purpose of participation in sporting activities and related use of the Platform and/or the Application. A Player may, but is not required to, have an individual Account on the Platform and/or in the Application, and may access or be represented within the Platform and/or the Application either through such individual Account or through a Team Account or Club Account administered by authorized Users.
"Role" means role that you have on the Application and the Platform that allows you to access role specific Functions. Roles, their scope, Functions and other specifics are available here - LINK.
"Scout" means a natural or legal person professionally or otherwise engaged in football talent identification, recruitment, or evaluation, including without limitation representatives of football clubs, academies, agencies, or other football-related organizations, who is registered on or otherwise granted access to the Scouting Platform for the purpose of reviewing, evaluating, or monitoring Players presented through the Scouting Platform.
"Scouting Platform" means a specific platform operated by EYEBALL used by Scouts.
"Service Provider" means Apple, Google, Microsoft, or another service provider, where the Application is made available (in the official store, not including side loading).
"Services" means the App Store, Google Play, Microsoft, or a distribution channel of another Service Provider.
"Subscription" means set of Functions made available to you in the Platform or Application for specified limited term that is derived from type of set of Functions set by You when creating the Account, concluding the Agreement or otherwise subscribing to use the Platform and that is subject to payment of the Fee. Details on Subscriptions are available in Annex 5 and in the Agreement.
"Team Account" means page of a team in the Application and/or on the Platform which you may edit using the Functions available to You in Your Account; the Team Account includes specific private Functions visible only to You depending on your Role and specific public Functions visible to You, Your players and other Users of the Platform (for more details please see below). Team Account and team are the building blocks of the Platform and the Application.
"Terms" means these Terms and Conditions.
"Token" means a virtual credit that has no monetary value outside the Application and/or the Platform, purchased with real money, and which can be used exclusively within the Application and/or Platform to access the specific Functions – for example for simple and/or complex analysis of the game, or purchase EYEBALL Equipment (if applicable). More information is available in Article 12 herein and Annex No. 2.
"Token Wallet" means a wallet attached to Club Account and/or Team Account created to purchase Tokens using the Payment Method that may be spent by You to access the specific Functions - for example for simple and/or complex analysis of the game. Such specific Functions may be Role specific.
"Usage Rules" means the terms and conditions of Apple, Google, and other Service Providers, namely the Apple Media Services Terms and Conditions and the Google Play Terms of Service.
"User Content" refers to content, including, but not limited to, text, images, and videos submitted by the User through the Application and/or the Platform.
"You" or "User" refers to any individual who uses the Application and/or the Platform or club or team, if relevant in the given case.
"Visibility Function" means a Function consisting in the fact that clubs and/or teams are made visible on the Scouting Platform for Scouts who use the Scouting Platform.
"Visibility Period" means the period of time during which a club and/or team and/or Player remains visible to Scouts on the Scouting Platform, as specified in the GUI.
2. Conclusion of the Agreement and the Terms
2.1 If the Agreement is concluded on the Platform or in the Application, it is concluded at the moment that:
2.1.1 You give your consent to the Terms; or
2.1.2 You use the Application regardless of the source and circumstances, or the Platform, for the first time.
2.2 If the Agreement is concluded outside of the Platform or Application, it is concluded at the moment that:
2.2.1 You download or install the Application from the App Store, Google Play, or any other service; or
2.2.2 a written Agreement is signed by the second contracting party.
2.3 By concluding the Agreement, You express your consent with these Terms and declare that You fully understand and accept them. Upon conclusion of the Agreement, these Terms become an integral part of the Agreement.
2.4 The Agreement including these Terms form a binding legal contract between You and EYEBALL, governing Your use of the Application and/or the Platform.
2.5 By concluding the Agreement other than in accordance with Article 2.2.2 herein, You acknowledge and agree that:
2.5.1 the Agreement is concluded electronically and/or by means of distance communication; and
2.5.2 You are responsible for bearing the costs incurred in concluding the Agreement by means of a distance communication, which may include, but are not limited to, the costs of the internet connection.
2.6 If You already downloaded and installed the Application or started using the Platform and were not familiar with these Terms, You will be prompted to accept these Term in the Application and/or the Platform – by clicking that You agree You are bound as specified in Article 2.2.1 herein. Please, if possible, read these Terms carefully before downloading, installing, or using the Application and/or using the Platform. If You do not agree to these Terms, You must not download, install, or use the Application and/or Platform or cease using them.
2.7 Provisions deviating from the Terms may be agreed in the Agreement. Such provisions shall take precedence over the provisions set out in the Terms.
2.8 These Terms apply to the Consumers as well as to the Business Users. If you are a Consumer, specific rights apply to you under Articles 2.9, 9.6, 18.3 and 19.3 herein.
2.9 IF YOU ARE A CONSUMER, BY CONCLUSION OF THE AGREEMENT, YOU DECLARE THAT YOU AGREE TO AND ARE AWARE THAT YOU HAVE BEEN PROVIDED WITH THE APPLICATION AND/OR THE PLATFORM AND THE CONTENT BEFORE THE LAPSE OF YOUR RIGHT TO WITHDRAW FROM THE AGREEMENT, AND THUS LOSE THE RIGHT TO DO SO, UNLESS OTHERWISE PROVIDED HEREIN. YOU CAN ALWAYS WITHDRAW AND STOP USING THE PLATFORM AND THE APPLICATION AT YOUR WILL LATER BY DELETING YOUR ACCOUNT, SEE ARTICLE 18.4.
2.10 Please bear in mind that some Functions of the Platform and/or the Application described in these Terms or in EYEBALL advertisement might not be available yet and may be available in the future. Please see the EYEBALL website for more information.
2.11 Please note that specific terms apply depending on the method of accessing the Functions, the specific services and/or Functions purchased, as set out in the Terms, in particular:
2.11.1 Tokens: see Annex 2 for detailed Token terms and conditions,
2.11.2 Subscription: see Annex 5 for Subscription, Fees, payment, renewal, and cancellation terms.
2.11.3 Scouting Platform: see Annex 3 for detailed information on Scouting Platform.
2.11.4 EYEBALL Equipment: see Annex 4, for detailed information on EYEBALL Equipment.
2.12 PLEASE NOTE THAT THERE CAN BE ALTERATION TO THESE TERMS BASED ON YOUR COUNTRY OR REGION OF ORIGIN. FOR MORE DETAILS, PLEASE SEE ANNEX 6.
3. Platform and/or Application
3.1 The Platform and the Application are pieces of software created to record, store, and share Content and is customized for the Devices. The specific Functions of the Platform and the Application depend on the Role of your Account. Additional technical specifications of the Application are available in Article 3.2 herein. For specific questions or to report any security vulnerabilities, please contact EYEBALL here - safeguarding@eyeball.club.
3.2 The compatibility of the Platform and/or the EYEBALL Application with your Device is subject to specific versions of the Device's software, Service Providers' operating system and/or specific version of your web-browser. If You have any issues, please check the compatibility and minimum technical requirements first before contacting EYEBALL support. The technical requirements for the correct operation of the Platform and/or the EYEBALL Application are available here – LINK. You acknowledge that it is your responsibility to confirm and determine that the Device on which you intend to use the Platform, the EYEBALL Application and/or Your web-browser satisfies all technical requirements. The minimum technical requirements for video upload is HD Camera with 1024x768 px.
3.3 The Platform and the EYEBALL Application are available from all countries, but the services within them are provided from the territory of the European Union, with EYEBALL's main seat of operation in the Czech Republic.
3.4 Your use of the Platform and/or the EYEBALL Application requires that You have a registered Account, and You concluded the Agreement with EYEBALL in accordance with the Article 2 herein.
3.5 EYEBALL will notify You if any update of the Platform and/or the Application is available. However, if You are notified or become aware of any update (incl. update of the Services, if relevant), it is Your responsibility to check for the newest technical requirements and compatibility install and the latest version of Your web-browser, Application or other software necessary for the Platform and/or the Application to run correctly. If not installed within a reasonable time, EYEBALL is not responsible for any defects, faults, errors, inconsistency, incompatibility, or other irregular behavior. This does not apply if You have not been warned about the update or the consequences of not updating or have not performed the update or have performed it incorrectly due to a deficiency in the instructions. This Article 3.5 does not apply if You expressly and legally agreed that EYEBALL will not provide updates to the Application and/or the Platform once it is made available to You.
3.6 Since both the Platform and the Application are a server-based software application provided to all Users in the same version, if You do not like the update and the changes made to the Platform and/or the Application, your sole remedy is to stop using the Platform and the Application and delete your Account.
3.7 EYEBALL will make the Platform and Content available to You in accordance with these Terms, in the latest version available at the time. You can use the Platform and access the User Content only with an Account. The User Content is accessible immediately after your Account is created by EYEBALL, about which You will be informed by e-mail and/or phone number. Please note that the access to the User Content may be subject to the payment of a Fee in accordance with Annex 5 and/or payment in Tokens in accordance with Annex 2, depending on your Role. If the User Content and/or the Content is purchased and is not accessible even after approval/payment or in case of some of the Functions in deadline showed You in the GUI, please contact EYEBALL by e-mail. In such a case, EYEBALL has an additional 30 days after You notify us to resolve the issue.
3.8 Please note, that the Functions of the Application and the Platform may vary – see the EYEBALL pages for more information.
3.9 You may download the Application even without an Account. However, you can use the Application and access the Content only with an Account and after the conclusion of the Agreement with EYEBALL in accordance with the Article 2 herein.
4. Account
4.1 You may use the Application and/or the Platform and create your Account for free, unless provided otherwise in the Agreement or here - LINK. For more information regarding the payment of the Fee and Subscription, please see Annex 5.
4.2 Creation of Account is usually automatic. If you cannot create an Account, there might be some limitations to your specific use case and Role – please see EYEBALL website for more information. Please see EYEBALL website too, if You have a technical issue.
4.3 Your Account may be created through both, the Application and the Platform. When creating your Account, you will be asked to provide specific information, some of which is mandatory and without which the Account cannot be created. You must provide correct and true information about yourself in the Account creation process. You are liable for damages and other harm caused using incorrect or untrue information.
4.4 When the Agreement is concluded in accordance with the Article 2.2.2 herein, your Account shall be created by EYEBALL. EYEBALL will send your login credentials to the email address You provided when concluding the Agreement. The Account created by EYEBALL will contain basic information provided by You and it is up to You to populate the rest of the Account.
4.5 Where Your Account has been created by EYEBALL pursuant to the Article 4.4 herein, the scope of Functions, Roles, and permissions available to You will be determined by the terms of such Agreement.
4.6 If you are under 16 years of age, You may create an Account exclusively through the Application and with the help of your guardian. Until approval by your guardian, certain Functions of the Application and/or the Platform may be restricted.
4.7 Finalization of Your Account may require activation about which You will be informed via e-mail and/or to your phone number provided during the registration process. Please, bear in mind, that if You do not activate Your Account on time, Your Account will stay inactive thus Your use of the Application and/or the Platform might be unavailable or very limited. If you fail to activate Your Account and the activation code is no longer valid, You may ask EYEBALL by e-mail to resent You the activation code and after receipt of such new activation code to activate Your Account. If You are under 16 years of age, the activation information will be sent to the email address or to the phone number provided during the registration process by Your guardian. Failure to activate Your Account does not terminate the Agreement between You and EYEBALL and EYEBALL has any and all right to payment of the Fee in full (if applicable), but You won't be technically able to use the Platform.
4.8 EYEBALL is not obliged to create an Account for You and may decide not to allow You to create an Account. If this is the case, You will be duly notified and your unused Fee returned.
4.9 If your Account is created, Access to the Account is secured by means of the login e-mail address and/or phone number and the chosen password; dual factor authentication may be also present. You shall keep your login details confidential, and You are not allowed to let a third party use your Account. If You disclose your login details to a third party, You are responsible for that third party's actions on your Account as it was You using it.
4.10 Your Platform login details may be used to log into the Application and vice versa.
4.11 By creating Your Account You explicitly confirm, and are fully liable and accountable to EYEBALL, that you have sufficient power to represent the concerned club/team on the club's/team's behalf and that You have any and all rights to post User Content on the Club/Team Account in the club's/team's and its members name, all of such you confirm with conclusion of the Agreement with EYEBALL.
5. Trial
5.1 Your Agreement may contain mention about a trial run of the use of the Platform or Application. In the trial run You will have all Functions available to You pursuant to Your chosen Subscription/Role and the Agreement. The Functions may be limited in the trial run, if they are not, You can use the whole Platform and Application via one Account with unlimited number of players – You can't create other user accounts or allow other persons to use the Platform or Application other than Your players. If the term of the trial run is not specified in the Agreement, it is limited to 30 consecutive days.
5.2 Trial is free of charge and EYEBALL has no right to the Fee and/or Token redemption for the term of the trial run. EYEBALL may terminate the trial run at its convenience without reason at any time. EYEBALL will inform You about such.
5.3 After the trial run you may be asked by EYEBALL about Your experience and whether You want to continue with the use of the Platform and/or the Application. After the trial run, if You wish to continue using the Platform and/or Application, You must conclude a new Agreement with EYEBALL in accordance with the Article 2 herein. Please note, that in case of conclusion of the new Agreement, no new Account will be created for You, and for the purposes of the newly concluded Agreement, You will retain the Account created for the trial run. Any Tokens purchased during the trial run will be retained in applicable Token Wallet. For more information about the Tokens and Token Wallets, please see the Annex 2 of the Terms.
6. Roles
6.1 Please note, that some Functions may be available only to certain Roles and not to other Roles and certain Roles may have right to admin Club Account and Team Account and add You, or delete you from the Club Account, Team Account, pair You with Your guardian (if applicable) and so on – please, before You write to EYEBALL support that some Functions are not available to You, check the Roles page in definitions and their access and admin rights first.
6.2 You have a specific Role of Your choosing assigned to You during the Account creation process. You may change your Role after that when You choose. Specific restrictions may apply, please check the Role page in definitions for more information.
6.3 If Your Role allows You to admin access and membership of other users in clubs in Club Accounts or teams in Team Accounts, it is Your responsibility to admit only those users, that belong to the respective clubs and teams. If You have a complaint regarding (not) being admitted to specific team or club, please contact the admin of such Team Account or Club Account first before contacting EYEBALL support.
6.4 If Your Role allows You to connect minor with his/hers guardian, it is Your responsibility to do so and to connect only the correct minors with the correct guardians. You warrant and promise to connect only the correct minors with the correct guardians, and You are liable for damages and other harm caused if You fail to do so.
7. Club Account
7.1 If You are a User with a Role that is authorized to create clubs, You may create Your Club Account on the Platform in Your name, which allows You to manage the Club Account, use Coupon, purchase Tokens and use of the Functions both for Your club and other Users who are members of Your Team Account, that is member of your Club Account.
7.2 The Club Account contains basic information provided by You and it is up to You to populate the rest of the Club Account by inviting other people, Teams or creating Teams.
7.3 You have number of user Accounts under your Account to accommodate Your need to share the Club Account admin rights with other people from Your club. It is up to You to select Your admin Users having admin access to the Club Account as well as admin access to other parts of the Application and/or the Platform based on options in GUI.
7.4 You may change the user Accounts under your Club Account and/or increase the number of user Accounts under your Club Account at any time until the point the GUI allows You to do so.
7.5 The permissions and rights of the admin of the Club Account are specified in more detail in Role page – see the link in definitions.
7.6 In case You have a Club Account, You must ensure that all of Your Players are registered and have user Account in the Application - for more information please see here www.eyeball.club/players/. The Application is free of charge to be used by Players of Your Club Account. Please bear in mind that if Your Player is not registered and does not have a user Account in the Application, some of the Functions, player's data and game analysis might not be available to You. Consequently, should none of Your Players have user Account in the Application, EYEBALL will not make the full game analysis available to You and You will not be able to see particular Player's analysis. Where possible, Eyeball will use reasonable efforts to anonymize information of Your Players that do not have user Account in the Application, thus you might see Your Players anonymously identified like "Player1" or similarly. You are responsible for Your Players to have the Application.
7.7 Notwithstanding Article 7.6 herein, You may expressly agree with EYEBALL in a separate agreement that Players associated with Your Club Account are not required to be registered in or have an individual Account in the Application, or that access of Players to the Application and its Functions will be restricted or limited. Where such separate agreement is in place:
7.7.1 Players may be included in the Platform and/or the Application without having an individual user account, and Player consents may be obtained outside of the Application, provided such consents comply with applicable law;
7.7.2 registration of Players in the Application may not be enabled, or, where enabled, access to certain data, statistics, analyses, or other Functions available to your club may not be made available to such Players;
7.7.3 any limitation or unavailability of access pursuant to this Article are not a defect of the Platform or the Application, nor does it give rise to any claim for refund of Fees and/or Tokens.
8. Team Account
8.1 If You are a User with a Role that is authorized to create team, you may create Your Team Account on the Platform in Your name, which allows You to manage the Team Account, use Coupon, use/purchase Tokens and use of the Functions both for Your team and other Users who are members of Your team.
8.2 The Team Account contains basic information provided by You and it is up to You to populate the rest of the Team Account and admit clubs and players.
8.3 The rights and obligations under Articles 7.3 - 7.7 of these Terms shall apply mutatis mutandis to the Team Account.
9. User Content
9.1 YOU ARE SOLELY RESPONSIBLE FOR ALL CONTENT THAT YOU UPLOAD OR OTHERWISE INPUT INTO THE APPLICATION AND/OR PLATFORM, INCLUDING, BUT NOT LIMITED TO, ENSURING THAT YOU HAVE THE NECESSARY RIGHTS TO SUCH CONTENT. BY ACCEPTING THESE TERMS, YOU HEREBY REPRESENT AND WARRANT THAT YOU HAVE OBTAINED ALL REQUIRED APPROVALS FROM YOUR CLUB/TEAM TO SUBMIT SUCH CONTENT INTO THE APPLICATION AND/OR PLATFORM, AND THAT ALL SUCH CONTENT IS ACCURATE AND BASED ON FACTUAL INFORMATION.
9.2 You can upload and share User Content. Your User Content and other Content may be visible to other Users of the Application and/or the Platform.
9.3 Your User Content may be connected with, associated with, displayed with, analyzed, or otherwise used with other Content and/or information. GUI may contain function allowing the User to save and/or share the Content outside of the Application and/or the Platform – for more details please see the GUI of the Application and/or the Platform.
9.4 Your User Content may be used by the AI system within the Application and/or the Platform to generate personalized suggestions or reflections based on Your entries.
9.5 In relation to all Content made available, You hereby represent and warrant that:
9.5.1 the creation, distribution, transmission, public display, or performance of Your Content, and the accessing, downloading, or copying of Your Content do not and will not infringe upon the proprietary rights, including, but not limited to the copyright, patent, trademark, trade secret, or moral rights of any third party;
9.5.2 You are the creator and owner of or have the necessary licenses, rights, consents, releases, and permissions to use and to authorize EYEBALL, the Application and/or the Platform, and other users of the Application and/or the Platform to use the Content in any manner contemplated by the Application and/or the Platform, source service operated by EYEBALL, and the Agreement;
9.5.3 You have the written consent, release, and/or permission of each and every identifiable individual person in your User Content to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of your User Content in any manner contemplated by the Application and/or the Platform and the Agreement;
9.5.4 Your User Content is not false, inaccurate, or misleading;
9.5.5 Your User Content is not unsolicited or unauthorized advertising, promotional materials, pyramid schemes, chain letters, spam, mass mailings, or other forms of solicitation;
9.5.6 Your User Content is not obscene, lewd, lascivious, filthy, violent, harassing, libelous, slanderous, illegal, or otherwise objectionable;
9.5.7 Your User Content does not ridicule, mock, disparage, intimidate, or abuse anyone;
9.5.8 Your User Content is not used to harass or threaten (in the legal sense of those terms) any other person and to promote violence against a specific person or class of people;
9.5.9 Your User Content does not violate any applicable law, regulation, or rule;
9.5.10 Your User Content does not violate the privacy or publicity rights of any third party;
9.5.11 Your User Content does not violate any applicable law concerning child pornography or otherwise intended to protect the health or well-being of minors;
9.5.12 Your User Content does not include any offensive comments that are connected to race, national origin, gender, sexual preference, or physical disability;
9.5.13 You are solely responsible for the legality or non-objectionability of your User Content, you hold EYEBALL and any other User of the EYEBALL Application and/or the Platform harmless against any claims that might arise from or be connected with your User Content, and you are the solely responsible person for any advertisement, should your User Content include such; and
9.5.14 Your User Content does not otherwise violate, or link to material that violates, any provision of the Agreement or any applicable law or regulation;
9.5.15 You acknowledge that your User Content may be processed by the AI features for the purpose of providing responses, motivational suggestions or similar outputs, and for the purpose of AI learning in accordance with the Agreement and the Privacy Policy.
9.6 Any use of the Application and/or the Platform in violation of the foregoing violates the Agreement and may result in, among other things, termination or suspension of your rights to use the Application and/or the Platform, a ban on using the Application and/or the Platform for a certain period, and/or deletion of your Account. If You are a Consumer, than Your rights to use the Application and/or the Platform may be terminated or suspended, Your use of the Application and/or the Platform may be prohibited for a certain period of time, and/or Your Account may be deleted if You fail to remedy Your breach of the Agreement within the additional remedy period provided by EYEBALL (if applicable).
9.7 EYEBALL may, at its sole discretion, upon notification by other Users of the Application and/or the Platform or a third party, make your User Content or any other Content unavailable or delete it in accordance with Article 21 herein.
9.8 EYEBALL will try to keep such instances to violation of these Terms, but it is not limited to such. The Application and/or the Platform is not meant to serve as a long-term backup of your User Content. You are solely responsible for backing up your User Content outside of the Application and/or the Platform.
9.9 The above-mentioned provisions apply mutatis mutandis to any Content that includes You, your image, your likeness, and other attributes attributable to You, and you grant EYEBALL your consent to use your likeness, image, and other attributes attributable to you, regardless of where, when, and how it is attached to or included in the Content. This consent is granted for the duration of your Account's existence and for as long as we have your personal data.
9.10 If such Functionality is available, Users within the same club and/or team are allowed to communicate with each other and upload and share the User Content through the communication channel included in the Application.
10. License to Content
10.1 By posting your User Content to any part of the Application and/or the Platform and/or creating any Content in the Application and/or the Platform, you automatically grant, and you represent and warrant, that you have the right to grant to EYEBALL an unrestricted, unlimited (timely limited to the duration of your copyright), irrevocable, perpetual, non-exclusive, transferable, royalty-free, and worldwide right and license to access, host, use, copy, reproduce, disclose, sell, resell, share, publish, broadcast, retitle, archive, store, cache, display (publicly or otherwise), adapt, reformat, change, modify, translate, transmit, perform, excerpt (in whole or in part), download, allow others to download and/or share, and distribute such Content (including, without limitation, your image and voice) for any purpose, commercial advertising or otherwise, and to prepare derivative works of and otherwise commercialize and exploit, incorporate in other works, such as User Content, and grant and authorize sublicenses or the transfer of this license to the foregoing. The use and distribution of the Content may occur in any media formats and through any media and social media channels.
10.2 By posting your User Content to any part of the Application and/or the Platform and/or creating any Content in the Application and/or the Platform, you automatically grant, and you represent and warrant, that you have the right to grant to other users of the Application and/or the Platform an unrestricted, unlimited, irrevocable, non-exclusive, untransferable, royalty-free, and worldwide right and license to access, cache, download, share, and display (publicly or otherwise) such Content (including, without limitation, your image and voice) within the Application and/or the Platform and for the purpose to use the Application and/or the Platform.
10.3 This license will apply to any form, media, or technology now known or later developed, and includes our use of your name and position, and franchise name, as applicable, and any of the trademarks, service marks, trade names, logos, and personal and commercial images you provide. You waive all moral rights in your User Content, and you warrant that moral rights have not otherwise been asserted in your User Content. If such waiver is not possible, you warrant that you will compensate EYEBALL in full (including loss of interest/profit) should such moral rights be asserted to the detriment of EYEBALL and/or its partners.
10.4 We do not assert any ownership over your User Content and do not claim any intellectual property rights over your User Content, unless provided otherwise herein. You retain full ownership of all of your User Content and any intellectual property rights or other proprietary rights associated with your User Content. We are not liable for any statements or representations in your User Content in any area in the Application and/or the Platform. You are solely responsible for your User Content, and you expressly agree to exonerate EYEBALL from any and all liability and to refrain from any legal action against EYEBALL regarding your User Content.
10.5 We have the right, in our sole and absolute discretion, to :
10.5.1 edit, redact or otherwise change your Content;
10.5.2 recategorize your Content to place it in more appropriate locations in the Application and/or the Platform; and
10.5.3 use Your User Content for the training of EYEBALL's AI model;
10.5.4 pre-screen or delete your Content at any time and for any reason, without notice.
We have no obligation to monitor your Content.
10.6 The license and above-mentioned provisions apply mutatis mutandis to any Content that includes You, your image, likeness, and other attributes attributable to you.
11. License for User and Content
11.1 EYEBALL grants You a personal, limited, revocable, non-transferable, non-exclusive, non-sublicensable License to download, install, and use the Application and/or the Platform on any compatible Devices that you own or control and to use the Content in the Application and/or the Platform to the extent and as permitted by the Agreement, and the GUI of the Application and/or the Platform. If the conditions for sharing the Videos as defined in Article 11.11 of the Terms are met, the License includes the right to share the Content with third parties outside the Application and/or the Platform.
11.2 For the Application downloaded from the App Store, the License is limited to the use of the Application on any Apple-branded Devices that you own or control and as permitted by Apple's Usage Rules, except that such Application may be accessed and used by other accounts associated with the User purchaser via "Family Sharing" or volume purchasing.
11.3 For the Application downloaded from the Play Store, the License is limited to the use of the Application on any Android Devices that you own or control.
11.4 For the Platform the License is limited to the ordinary and personal (not automated, AI-powered, or otherwise mechanized/automated) use of the Platform within the web browser in the usual GUI accessible manner without putting unnecessary workload/strain/database requests on the Platform. Any TDM or a different method of data mining is hereby explicitly forbidden. If different use, than described in the preceding two sentences, is detected, the availability of the Platform might be slowed or restricted by EYEBALL to battle such undesired and forbidden use.
11.5 When purchased or downloaded through the Services, the Application is licensed to you for use only under these Terms.
11.6 This License will also govern any updates of the Application and/or the Platform provided by EYEBALL that replace, repair, and/or supplement the original Application and/or the Platform, unless a separate license is provided for such update, in which case the terms of that new license will govern them.
11.7 You may not, nor may you permit any third party to do any of the following without EYEBALL's prior written consent or unless expressly permitted under the Agreement:
11.7.1 reproduce, recompile, decompile, integrate, remove, disassemble, reverse engineer, or attempt to derive the source code of, translate, combine, create derivative works or updates of, perform, modify, adapt, store, use, sell, rent, lend, lease, web scrape, or in any other way exploit or otherwise redistribute, by any means, in whole or in part, the Application and/or the Platform;
11.7.2 publish, transmit electronically or otherwise, distribute, share, or make the Application and/or the Platform available to third parties (unless with EYEBALL's prior written consent);
11.7.3 transfer any rights granted to you under these Terms to a third party;
11.7.4 take any action that imposes an unreasonable burden on the Application's and/or the Platform's infrastructure;
11.7.5 take any action that harms, impairs, prevents access to, or use of the Application and/or the Platform, by other users of the Application and/or the Platform;
11.7.6 use the Application and/or the Platform in a way that violates, or that may violate, any law or regulation;
11.7.7 use the Application and/or the Platform in a way that may cause EYEBALL to be in violation of any law or regulation;
11.7.8 use the Application and/or the Platform in a way that may violate or cause EYEBALL to violate the Agreement;
11.7.9 use the Application and/or the Platform in a way that reflects unfavorably on EYEBALL or any other third party;
11.7.10 use the Application in a way that violates the usage limits or controls set forth by the Usage Rules of the Service Providers;
11.7.11 otherwise use the Application and/or the Platform except as expressly allowed under the Agreement;
11.7.12 collect information about other users of the Application and/or the Platform for any purpose other than as expressly authorized by EYEBALL; or
11.7.13 distribute a computer virus or any similar program or code that may disrupt or disable the Application and/or the Platform.
11.8 You may not copy (excluding when expressly authorized by the Agreement) or alter the Application and/or the Platform or portions thereof. You may create and store copies only on Devices that you own or control for backup in compliance with this License and the Agreement, and any other terms and conditions that apply to the Device or software used; this does not apply to the web browser version of the Application and/or the Platform. You may not remove any intellectual property notices. You acknowledge that no unauthorized third parties may gain access to these copies at any time. If you sell your Device to a third party, you must remove the Application and/or the Platform from the Device before doing so.
11.9 Articles 11.7 and 11.8 apply similarly to the Content. Articles 11.7 and 11.8 must be interpreted and construed in such a way that will not deprive you of or limit your explicit statutory rights.
11.10 You may download an/or share the Content with third parties only via tools available to you in GUI which allow download and/or sharing of the Content. Download and/or sharing of the Content is possible, provided it will not damage the reputation of EYEBALL and/or the persons that are the part of the Content, it is not for commercial purposes and other conditions set out in, inter alia, Articles 11.7 and 11.8, are met.
11.11 The Application and/or the Platform is licensed to You; it has not been sold or assigned to you. EYEBALL reserves all rights not expressly granted to you. EYEBALL owns the title, trademarks, copyright, design rights, and other worldwide intellectual property rights in the Application and/or the Platform and all copies of the Application and/or the Platform, and in related software and services. These Terms do not grant you any rights to use, reuse or sublicense any of our intellectual property outside your use of the Application and/or the Platform. You acknowledge and agree that you have no ownership rights in or to any of EYEBALL's trademarks or other intellectual property, and that you may not use EYEBALL's intellectual property outside of this Application and/or Platform without EYEBALL's express written consent.
11.12 Violations of the obligations mentioned above, as well as the attempt to commit such an infringement, may be subject to prosecution and damages.
11.13 Nothing in this License and the Agreement should be interpreted as restricting third-party terms. When using the Application and/or the Platform, You must ensure that you comply with applicable third-party terms and conditions.
12. Tokens
12.1 Access to certain Functions or purchase of EYEBALL Equipment is only possible through the Tokens.
12.2 More detailed information about the Tokens and their use is provided in Appendix No. 2 to these Terms.
13. Coupons
13.1 EYEBALL may, at its sole discretion, issue a Coupon and make such Coupon available to You in the Application and/or at the Platform. The use of the Coupon is free of charge. The Coupon is valid only for the Club Accounts, Team Accounts, or Users to whom they were originally made available to. Coupons are, unlike Tokens, non-transferable.
13.2 It is at Your sole discretion whether You use the Coupon or not. The Coupons can only be used for Functions specified in them and You have no right to request refund or Token refund of the Coupon.
13.3 The scope and content of the Functions that You may access based on the use of the Coupon and validity period of the Coupons are solely at the discretion of EYEBALL and will be available to You in the Application and/or the Platform. The Coupon cannot be used after the validity period has expired and ceases to exist.
13.4 A Coupon may only be redeemed once.
13.5 EYEBALL may cancel any Coupon at any time, for any reason or no reason.
14. Personal Data Processing
14.1 If You are a club or team EYEBALL processes personal data (in particular the identification and contact data and the data on the performance of this Agreement and records of mutual communication) of natural persons acting on behalf of You, alternatively also directly Yours, if the You are a natural person, and also of other persons involved in the performance of this Agreement, for the purposes resting in the provision of the agreed services, reaching out to new and forming clubs and professional clubs*, administrative needs, record keeping and generation of statistics*, protection of legal claims* and compliance with legal obligations. An objection can be lodged against processing marked with*. More detailed information is in the privacy policy.
14.2 If You are a club or team You are obliged to inform persons acting on behalf of You about the processing of their personal data to the extent of the information provided by EYEBALL. More detailed information is in the privacy policy. You are obliged to inform the data subjects pursuant to this paragraph without undue delay after the Agreement comes into effect or after the personal data of a particular data subject have been transferred to EYEBALL.
14.3 Details concerning the processing of personal data of Players with User Accounts in the Application or Platform are specified in the privacy policy.
14.4 The Application and the Platform use cookies. More detailed information about their types and how they are used is available in the cookie policy - LINK.
14.5 If You are a club or team, Articles 14.5 to 14.25 of the Terms apply to You. In the event that personal data is processed or transferred in connection with the provision of the Platform, Application, and related Functions, the relationships between You and EYEBALL and related rights and obligations are set out below or in the relevant annex or directly in the Agreement being concluded. In the event of any conflict between the Agreement and these Terms, the Agreement shall prevail.
14.6 When providing the Platform or Application, EYEBALL processes personal data for the purpose of providing you the Club Account or Team Account including, without limitation, video recordings of the minutes and profiles of the Players associated with them. This includes the analysis of User Content for the purpose of training and game analysis. In this case EYEBALL as processor provides services that may involve the processing of personal data to the You as a controller.
14.7 You hereby authorise the EYEBALL to process personal data provided by You in the course of performance of the Agreement.
14.8 You as controller declare that, as at the date of the Agreement, You fulfil all Your obligations under the Data Privacy Regulation, in particular:
14.8.1 personal data subject to processing is accurate, has been collected in accordance with the Data Privacy Regulation, is currently processed by You in accordance with the Data Privacy Regulation;
14.8.2 You process personal data for the purposes, to the extent, by the means in a manner consistent with the Data Privacy Regulation, in particular You have obtained and have in Your possession the valid consent of all data subjects to the processing of their personal data where it is required to obtain such consent in relation to such processing;
14.8.3 You inform data subjects of the processing of their personal data in the manner and to the extent required by the Data Privacy Regulation;
14.8.4 You enable data subjects to exercise their rights under the Data Privacy Regulation;
14.8.5 You comply with Your obligation to notify the data protection authority of the fact that You are processing personal data, if this obligation applies to You;
14.8.6 You destroy personal data once the purpose for which it was processed has ceased;
14.8.7 You comply with all Your other obligations under the Data Privacy Regulation; and undertakes to comply with those obligations throughout the term of the Agreement.
Subject matter of processing, categories of data subjects and type of personal data
14.9 The subject of the processing is personal data of the data subjects, in particular identification data (e.g. name and jersey number), physical characteristics (e.g. height, weight, strong foot) and recordings of matches, and possibly other data provided by You or third parties on the instructions of You.
14.10 The data subjects are Your Players and possibly third-party players, officials, management, and other persons who may be captured on the recording.
14.11 The scope of processing is always decided solely by You and You are also responsible for ensuring that the determined scope of processing complies with the Data Privacy Regulation.
Nature of processing
14.12 EYEBALL will process personal data manually and/or in an automated manner using statistical and analytical methods with the use of computer technology.
Rights and obligations of the EYEBALL
14.13 When processing personal data EYEBALL will:
14.13.1 process personal data solely on the basis of documented instructions from the You; for the avoidance of doubt, the processing of personal data in accordance with the Your obligations agreed under the Agreement will be deemed to be carried out in accordance with the Your instructions;
14.13.2 comply with the Your instructions regarding the transfer of personal data to a third country or an international organisation, unless such processing is already required by European Union law or law of the Member State the EYEBALL is subjected to. In such a case EYEBALL will inform You of this legal requirement prior to the processing, unless the legislation prohibits the provision of such information due to important reasons of public interest;
14.13.3 in the event that an inspection of the processing of personal data by EYEBALL is carried out by the data protection authority or another administrative authority, or in the event that an administrative proceeding is initiated by the data protection authority or another administrative authority in relation to the processing of personal data by EYEBALL, immediately notify You of this fact and provide You with all information about the course and results of such inspection or the course and results of such proceeding;
14.13.4 not process personal data collected for the purpose of performance of the Agreement for its own purposes;
14.13.5 not engage any other processor in the processing without the prior specific or general written permission of You;
14.13.6 taking into account the nature of the processing, assist You by means of appropriate technical and organisational measures, where possible, to comply with the Your obligation to respond to requests to exercise the rights of data subjects;
14.13.7 assist You in ensuring compliance with the Your obligations to (i) ensure the level of security of the processing, (ii) notify personal data breaches to the data protection authority and, where applicable, to data subjects, (iii) assess the impact on the personal data protection (the outcome of the assessment will be the provision of supporting materials and Your expert opinions) and (iv) carry out prior consultation with the data protection authority, taking into account the nature of the processing and the information available to EYEBALL;
14.13.8 in accordance with Your decision, either delete all personal data or return it to You upon termination of the provision of performance under the Agreement, and delete existing copies, unless the law of the European Union or of the Member State requires the storage of the personal data in question;
14.13.9 provide You with all information and documents necessary to demonstrate that the obligations set out in this Agreement and the Data Privacy Regulation have been fulfilled; and
14.13.10 ensure that the persons authorised to process personal data are bound by an obligation of confidentiality or are subject to a legal obligation of confidentiality.
14.14 EYEBALL will allow You or any other auditor appointed by You to carry out an audit, including inspections of the manner in which the personal data is processed and the technical and organizational measures put in place by EYEBALL to protect the personal data and shall contribute to such an audit. You are obliged to notify EYEBALL of the intention to carry out an audit at least 30 days in advance. However, You will be entitled to carry out an audit no more than once per calendar year and to the extent that it does not affect the day-to-day operations of EYEBALL. You must reimburse EYEBALL for all costs associated with the audit.
14.15 EYEBALL is entitled to refuse to comply with an instruction of Your which EYEBALL considers to be in breach of the Data Privacy Regulation. In such a case, EYEBALL undertakes to inform You without undue delay of the reasons preventing it from complying with the Your instruction. If You insist on complying with the instruction despite the EYEBALL's objections, EYEBALL is entitled to demand that You undertake in writing to compensate for any damage (both material and non-material damage) that may arise in connection with compliance with the Your instruction. For the purposes of this provision, the damage incurred by EYEBALL includes, but not be limited to, (i) compensation for damage (both material and non-material damage) to data subjects within the meaning of the Data Privacy Regulation and (ii) fines imposed by the data protection authority or any other administrative authority.
14.16 The performance of the obligations and cooperation of EYEBALL is part of the Fee for the services provided under the Agreement.
Engagement of another data processors
14.17 Following Article 14.13.5, the You agree to the engagement of another data processors listed here. You also give general consent to the engage of another processors in the processing of personal data. EYEBALL will inform You in a timely manner of its intention to engage another processor in the processing of personal data.
14.18 If EYEBALL engages another processor in the processing of personal data, this other processor must contractually undertake to comply with the same obligations for the protection of personal data as those agreed between You and EYEBALL, in particular to implement appropriate technical and organisational measures.
14.19 EYEBALL has adopted and maintains such technical and organizational measures to prevent unauthorized or accidental access to, alteration, destruction or loss of personal data, unauthorized transfers, other unauthorized processing or other misuse of personal data, taking into account the state of the art, the cost of implementation, the nature, scope, context and purposes of the processing, as well as risks to the rights and freedoms of natural persons, which are of different likelihood and seriousness.
14.20 If EYEBALL discovers a breach of security of personal data, it will report it to You without undue delay.
Termination of processing
14.21 In the event of termination of the Agreement, EYEBALL, or its employees, or authorised third parties who have come into contact with the personal data, are not exempt from confidentiality. In such case, the obligation of confidentiality will survive the termination of the Agreement, irrespective of the duration of the relationship of these persons to EYEBALL.
14.22 In the event of termination of the Agreement, EYEBALL is obliged to cease any processing of personal data and delete all personal data no later than 30 days after the termination of the Agreement, unless the law of the European Union or the Member State requires the storage of the personal data in question.
Sharing of User Content with third parties
14.23 If You enable EYEBALL to share User Content with third parties (e.g. scouts, other clubs), You authorize EYEBALL to connect the User Content with, associated with, displayed with, analyzed or otherwise used with other content and/or information, especially with profiles of registered Players. In this case You acknowledge that EYEBALL, as a separate controller, will process personal data of Players for specified purpose provided in the above-mentioned privacy policy for Players.
14.24 You and EYEBALL are separately responsible for compliance with the obligations arising from the Data Privacy Regulation.
14.25 You declare that You are entitled to transfer personal data to EYEBALL, i.e. that You have the legal basis for such transfer, and that data subjects are informed of such transfer in accordance with the Data Privacy Regulation.
15. Disclaimer of Warranties
15.1 If you are a Business User, the Application and/or the Platform is provided to You on an "as is" and "as available" basis, without any warranties of any kind, either expressed or implied.
15.2 EYEBALL disclaims all warranties, including, but not limited to, implied warranties of merchantability, functionality for a particular purpose, the accuracy or correctness of your Content and its compliance with the law and rights of third parties. EYEBALL does not warrant that the Application and/or the Platform will be uninterrupted, error-free, or free of viruses or other harmful components.
15.3 Should EYEBALL be liable for errors or faults in the Application and/or on the Platform, you are obligated to provide EYEBALL with necessary cooperation, as reasonably requested, to verify such errors or faults, especially your digital environment. Your cooperation is limited to the least intrusive means technically available to you and EYEBALL. If you refuse to provide EYEBALL with the aforementioned cooperation, you will lose any claim that you might have regarding such liability of EYEBALL.
16. Limitation of Liability
16.1 EYEBALL is responsible for addressing any claims relating to the Application and/or the Platform, or your possession and or use of that the Application and/or the Platform, subject to these Terms and to the minimum extent required by law, including, but not limited to:
16.1.1 product liability claims;
16.1.2 any claims that the Application and/or the Platform fails to conform to any applicable legal or regulatory requirement; and
16.1.3 claims arising under Consumer protection, privacy, or similar legislation.
16.2 Your use of the Application and/or the Platform including download and/or sharing of Content is at your own risk. EYEBALL is not responsible for any way in which the downloaded and/or shared Content is created, nor for the form or context in which the Content is shared by You. You are solely responsible for complying with all laws and regulations and for securing the consent of any rights holders, if required. Once the Content leaves EYEBALL's server, EYEBALL bears no responsibility and no liability for any actions or handling of such Content. EYEBALL's liability in any shape or form is limited to the maximum extent permitted by applicable law.
16.3 You are solely responsible for your own actions, interactions, and any internal team management. EYEBALL does not moderate, supervise, or interfere with the internal operations, communication, or structure of any team.
16.4 If You are dissatisfied with the Application and/or the Platform including download, sharing of Content is at your own risk. EYEBALL is not or You do not agree with the terms of the Agreement, your sole remedy is to discontinue the use of the Application and/or the Platform and, where applicable, to terminate the Agreement in accordance with these Terms and/or text of the Agreement. EYEBALL is not liable to You for any loss or damage of any kind (including consequential loss), any loss of profits, indirect or incidental loss, business opportunity or damage to goodwill, or any loss, destruction, or corruption of data howsoever caused, whether in contract, tort, including negligence, statute, or otherwise arising in connection with the Application and/or the Platform or the content on it, to the maximum extent permitted by law. To the extent such liability of EYEBALL cannot be legally waived, EYEBALL will be liable only to the maximum amount of the Fee paid or maximum amount spent on Tokens in the last 12 months preceding the moment of occurrence of such liability or as otherwise specified in the Agreement, or up to EUR 10,000, whichever is lower. This limitation applies separately to each User, club and team.
16.5 Nothing in these Terms is intended to exclude, restrict, or modify rights that you may have under any law, which may not be excluded, restricted, or modified by these Terms.
16.6 This limitation of liability clause applies whether the alleged liability is based on contract, tort, negligence, strict liability, or any other basis, even if EYEBALL has been advised of the possibility of such damage. The limitation of liability shall apply to the maximum extent permitted by law in the applicable jurisdiction.
16.7 EYEBALL and you acknowledge that, in the event of any third-party claim that the Application and/or the Platform or your possession and use of the Application and/or the Platform infringes on a third party's intellectual property rights, EYEBALL will be solely responsible for the investigation, defense, settlement, and discharge of any such intellectual property infringement claims.
17. Claims
17.1 EYEBALL is responsible for the fact that the Application and/or the Platform:
17.1.1 has the characteristics and corresponds to the description stated in these Terms and/or Agreement,
17.1.2 has the characteristics usual for application and/or platform of this kind, which can be reasonably expected even based on advertising;
17.1.3 will serve to the agreed purpose and the purpose for which it is normally used;
17.1.4 will be provided with the usage instructions and user support, as well as with the accessories and instructions that can reasonably be expected or agreed upon in the Agreement;
17.1.5 will correspond to the trial version or preview that EYEBALL provided to You prior to the conclusion of the Agreement.
17.2 If the Application and/or Platform does not have the features listed in the Article 17.1, it has a defect. A defect is also a discrepancy in scope, quality, functionality, compatibility and interoperability agreed in the Agreement; if the Application and/or the Platform is unsuitable for the purpose agreed in the Agreement or the Application and/or the Platform does not comply with the Agreement and other instructions and information displayed in the Application and/or the Platform.
17.3 If the Application and/or Platform has defect, please contact EYEBALL first so that we can resolve it together. You can do so by e-mailing EYEBALL at the address provided below. In your complaint, you must state:
17.3.1 your Account, your first and last name and, where applicable, reference to the Agreement number assigned to it by EYEBALL and date of its conclusion;
17.3.2 a description of the nature of the complaint. If it concerns errors in the Functions of the Application and/or the Platform, provide a description of the error, the part of the Application and/or the Platform concerned and, if possible, screenshots of the error;
17.3.3 the required method of complaint handling; and
17.3.4 contact details for sending information about the resolution of the complaint.
17.4 EYEBALL will contact You with a resolution of your complaint within a reasonable time from the date of the complaint. You are obliged to exercise the rights arising from defects immediately after discovering the defect, or immediately after you could have discovered the defect by exercising ordinary care. EYEBALL must deal with the complaint only as long as you actively use the Application and/or the Platform in accordance with the Agreement.
17.5 If the complaint is found to be valid, You will be informed of this and the error may be corrected in a further update of the Application and/or the Platform. If You purchased Tokens and the defect had effect on them, a proportionate amount will be returned back to your Account via the same payment method that you used no later than 14 days from the date on which You exercised the relevant right arising from defects with EYEBALL. If the Application and/or the Platform has a defect, you are entitled to have it removed unless it is impossible or unreasonably expensive to do so.
17.6 If EYEBALL fails to remove the defect within the time limit set out in the Article 17.4 of these Terms or it is clear from the circumstances that it will not remove the defect within a reasonable time or without significant inconvenience to You (or if it is clear from the EYEBALL's declaration), the defect will still be manifested after removal, or the defect constitutes a material breach of the Agreement, you may demand a reasonable discount from the Tokens purchase (if a paid) or from the Fees paid under the Agreement, or you may withdraw from the Agreement. You may not withdraw from the Agreement if the defect in the Application and/or the Platform is insignificant.
17.7 THE INABILITY TO ACCESS THE APPLICATION AND/OR THE PLATFORM DUE TO THE FAILURE OF YOUR INTERNET CONNECTION OR TECHNICAL EQUIPMENT, THE UNAVAILABILITY OF THE APPLICATION AND/OR THE PLATFORM DUE TO REASONS ON THE PART OF THIRD PARTIES, THE UNAVAILABILITY OF YOUR ACCOUNT OR OTHER SERVICES PROVIDED FREE OF CHARGE ARE NOT TO BE CONSIDERED AS DEFECTS OF PERFORMANCE.
17.8 SHOULD EYEBALL BE STATUTORY LIABLE FOR DEFECTS OR FAULTS IN THE APPLICATION AND/OR THE PLATFORM, YOU ARE OBLIGATED TO PROVIDE EYEBALL WITH NECESSARY COOPERATION, AS REASONABLY REQUESTED, TO VERIFY SUCH ERRORS OR FAULTS, ESPECIALLY YOUR DIGITAL ENVIRONMENT. YOUR COOPERATION IS LIMITED TO THE LEAST INTRUSIVE MEANS TECHNICALLY AVAILABLE TO YOU AND EYEBALL.
18. Termination
18.1 The Terms apply to you for the duration of the Agreement or for as long as You use the Application and/or the Platform on your Device and/or have the Account, whichever lasts longer. Termination of use of the Application and/or the Platform and/or uninstallation of the Application, or ceasing to use the Platform, will not relieve EYEBALL or You of the obligation to settle obligations arising from the failure to comply, including obligations arising during the time you have the Application installed and/or used the Platform or arising under the Agreement.
18.2 EYEBALL is entitled to revoke your authorization to use the Application and/or the Platform and to revoke the license granted under the Agreement at any time if You use the Application and/or the Platform in violation of the laws of the Czech Republic or good morals or in violation of the Agreement. Furthermore, EYEBALL may apply any of the following measures:
18.2.1 notice sent to You;
18.2.2 immediate temporary restriction of your use of the Application and/or the Platform or prevention of your use of the Application and/or the Platform;
18.2.3 immediate restriction of your use of the Application and/or the Platform or prevention of your use of the Application and/or the Platform and requirement that you immediately destroy or remove all downloaded and printed materials from the Content.
18.3 If You are a Consumer, than EYEBALL is entitled to revoke your authorization to use the Application and/or the Platform and to revoke the license granted under the Agreement in accordance with Article 18.2 herein if You fail to remedy your breach within the additional period for remedy provided by EYEBALL (if applicable). THE CONSUMER HEREBY ACKNOWLEDGE THAT THE GOVERNING LAW GRANTS CONSUMERS THE RIGHT TO WITHDRAW FROM THE AGREEMENT WITHIN 14 DAYS FROM THE CONCLUSION OF THE AGREEMENT. HOWEVER, BY USING THE APPLICATION AND/OR THE PLATFORM AND ITS CONTENT BEFORE THE END OF THE WITHDRAWAL PERIOD, THE CONSUMER EXPRESSLY AGREES THAT THE PERFORMANCE OF THE SERVICES WILL BEGIN IMMEDIATELY. THE CONSUMER FURTHER ACKNOWLEDGES AND AGREES THAT, BY DOING SO, THEY LOSE THE RIGHT TO WITHDRAW FROM THE AGREEMENT WITHIN THE 14 DAY PERIOD, IN ACCORDANCE WITH APPLICABLE LAW, UNLESS OTHERWISE PROVIDED HEREIN.
18.4 You may withdraw from the Agreement at any time by deleting Your Account. This is the only way for You to terminate these Terms. You can delete your Account by sending an e-mail to the contact details for complaints provided below. You can use the attached termination form for this purpose. In the event of such termination by You, the following will apply:
18.4.1 If you purchased Tokens, you can transfer them as described above and if you do not do so, all Tokens will cease to exist once Your Account is deleted. Please note, that there are no refunds for Tokens lost by deletion of Your Account, even if you open another Account.
18.4.2 If You paid the Fee (according to the Subscription policy) for the use of the Platform, the Fee is non-refundable, and no portion of the unused Fee will be returned to your Account or otherwise to You.
18.4.3 If You have any Coupons available to you, they are non-refundable, and no portion of the unused Coupons will be returned to your Account or otherwise to You.
18.5 EYEBALL may withdraw from the Agreement at any time at will and delete Your Account for convenience. EYEBALL may decide to temporarily or permanently stop providing the Platform and/or Application to You at its will. You will be informed about such intention at least 30 day prior to withdrawal taking effect so that You can back-up Your User Content.
18.6 Your termination of the Agreement does not terminate the provisions of the Agreement that are intended to be binding indefinitely or for longer than the existence of your Account.
19. Governing Law and Jurisdiction
19.1 The Agreement, and any dispute in connection with the Agreement, is governed by the laws of the Czech Republic.
19.2 If competent authorities ask us to provide them with information about You, we will be obliged to comply with the request in accordance with applicable legislation.
19.3 If you are dissatisfied with the resolution of your complaint, the body authorized to settle Consumer disputes on the territory of the Czech Republic is the Czech Commercial Inspection (Central Inspectorate - ADR Department), Gorazdova 1969/24, 110 00 Prague 1, ID: 000 20 869, Internet address: https://adr.coi.gov.cz; e-mail: adr@coi.gov.cz.
20. Contact Information
20.1 For general inquiries, complaints, questions, or claims concerning the Application and/or the Platform or the Agreement, please contact EYEBALL at:
20.1.1 phone number: +420 604 196 036;
20.1.2 e-mail: notices@eyeball.club; or
20.1.3 address: Jungmannova 745/24, Praha 1 11000, Czech Republic
21. Notice and Takedown
21.1 You may notify EYEBALL of:
21.1.1 a breach of the Agreement;
21.1.2 illegal activity;
21.1.3 Content that breaches the Agreement; and/or
21.1.4 illegal Content
either directly via the Application and/or the Platform in its GUI, by contacting support via support chat or by e-mail using the contact information provided in Article 20 above.
21.2 If you decide to send a notification to EYEBALL, you must describe the problem and specify the Content or parts thereof that you consider to be in violation of the Agreement and/or the law, in such a way that EYEBALL will be able to ascertain the nature of the problem, based solely on the information You have provided, and decide if such Content violates the Agreement and/or the law. If such a description is not provided, EYEBALL will not be obliged to address the notification. You must also provide us with your contact details.
21.3 If EYEBALL, in its sole discretion, decides that certain Content is in violation, it may make the Content unavailable to the public and to You and/or delete the Content.
21.4 If EYEBALL deletes your User Content in accordance with the aforementioned procedure, you may contact EYEBALL by e-mail with an appeal against this decision. Your appeal must contain a description similar to Article 21.2 as to why your User Content should not have been made unavailable and/or deleted. EYEBALL may either decide to uphold its previous decision and keep the Content unavailable and/or deleted or change the decision and make the Content available or let you upload the deleted User Content again.
22. Free Access
22.1 You may receive the offer by EYEBALL to use a free access of the use of the Platform and/or Application. In the free access run You will have available the Functions stated in the received offer. The term of the free access is specified in the offer.
22.2 You will receive access to use the Platform via specific URL sent to You to Your e-mail address.
22.3 You may receive Tokens or means to obtain Tokens during the free access for free or under different rules, than after the free access expires. Please, always browse the Annex 2 of these Terms for more information of options available to You at a specific time and Role.
22.4 The free access is free of charge. After the free access you may be asked by EYEBALL about Your experience and whether You want to continue with Your use of bonus functions. Confirmation of continuance is conclusion of agreement with EYEBALL specified in the original offer. If You are not asked by EYEBALL, by continuing to actively use the Application and/or the Platform, You agree to its final form available to You after the free access expires.
22.5 EYEBALL may terminate the free access period at its convenience without reason at any time. EYEBALL will inform you about such. Upon termination of the free access, certain data related to the tested functionality may be lost. EYEBALL is not liable for any loss of data resulting from the termination of the free access.
23. Changes to the Terms
23.1 EYEBALL reserves the right to modify these Terms at any time, without prior notice to you. EYEBALL is obliged to inform you of the change to the Terms via the Application and/or the Platform or in any other appropriate manner, in principle 14 calendar days before the changes become effective. The new version of the Terms will be available in the Application and/or the Platform. You may be asked to accept the new version of the Terms in the Application and/or the Platform or by e-mail.
23.2 Your continued use of the Application and/or the Platform after the changes become effective following any such modifications constitutes your acceptance of the modified Terms.
23.3 You have the right to reject the changes to the Terms within 10 calendar days of first logging into the Account after notification of the change to the Terms and to terminate the Agreement for this reason, but not later than the effective date of the change to the Terms. Use of the Application and/or the Platform under the previous (old) version of these Terms is not allowed. You must discontinue your use of the Application and/or the Platform and delete your Account without right to claim the remainder of your Fee/Tokens.
24. Commercial References
24.1 EYEBALL may use Your logo, brand and name of Your club as commercial references, during the term of the Agreement and beyond.
25. Final Provisions
25.1 The current version of the Terms is available on the EYEBALL website and in the Application and/or the Platform. The latest version of the Terms that you agreed to was sent to You by e-mail that You provided to EYEBALL during the process of registration.
25.2 These Terms are drawn up in the Czech and English language. The Czech version of these Terms is binding, and any other language versions of these Terms are informative only.
25.3 EYEBALL is not bound by any codes of conduct with respect to you within the meaning of Section 1820(n) of the Civil Code.
25.4 Paragraph 2389a – 2389f of the Civil Code is excluded in the case of a Agreement concluded with a Business User.
25.5 Any documentary item sent by one party to the other party will be deemed to have been delivered even if it is addressed by registered mail to the party's address as stated in the Application and/or the Platform or in the Agreement and the addressee fails to collect the item within the storage period (fiction of delivery).
25.6 If any provision of the Agreement proves to be invalid, void, or ineffective, this will not affect the validity and effectiveness of the Agreement as a whole. EYEBALL and You agree to provide each other with the cooperation necessary for the proper provision of the service under the Agreement.
25.7 EYEBALL excludes the Application and/or the Platform of any legal provisions causing the Terms or the Agreement to be interpreted against EYEBALL.
25.8 EYEBALL and you declare that they have read and acknowledge the entire Terms.
25.9 These Terms will come into force on 23rd February 2026 and become effective on the same day.
25.10 The following Annexes form part of these Terms and shall prevail in the event of any conflict with the Terms:
Annex No. 1: Termination form
Annex No. 2: Tokens - LINK
Annex No. 3: Scouting Platform - LINK
Annex No. 4: EYEBALL Equipment - LINK
Annex No. 5: Subscription - LINK
Annex No. 6: Localization
Annex No. 1: Termination Form
From: [FIRST NAME AND SURNAME], username/login/ID: [USERNAME], login e-mail: [E-MAIL], date of creation of the account [DATE]
To: Eyeball s.r.o., registered office at Jungmannova 745/24, Nové Město, 110 00 Prague 1, Czech Republic, ID No. 096 74 454
Subject: Termination of my user account
I hereby notify you that I wish to terminate my user account and thereby terminate our agreement regarding the use of the Application, effective immediately/of [DATE].
Thank you for your consideration.
Best regards,