THE PURPOSE OF THESE TERMS OF USE IS TO SET OUT THE TERMS ON WHICH THE PLATFORM AND THE APPLICATION DEFINED BELOW AND THEIR SERVICES ARE MADE AVAILABLE. YOU SHOULD READ THESE TERMS OF USE CAREFULLY BEFORE USING THE PLATFORM AND THE APPLICATION.

IF YOU DO NOT WISH TO ACCEPT THE PROVISIONS OF THESE TERMS OF USE, YOU SHOULD NOT CLICK THE "I ACCEPT" BUTTON. VOGOSCOPE RECOMMENDS THAT YOU SHOULD PRINT OUT THESE TERMS OF USE BEFORE ACCEPTING THEM, IN ORDER TO ENSURE THAT YOU WISH TO UNCONDITIONALLY ACCEPT THEM. BY USING THIS PLATFORM OR APPLICATION, YOU UNDERTAKE TO COMPLY WITH THE PROVISIONS OF THESE TERMS OF USE, WHICH CONSTITUTE A CONTRACT WITH VOGOSCOPE.

1 – Definitions

The terms defined in this Clause used in these Terms of Use ("ToU") have the following meanings:
"Application": means the Vogoscope mobile application made available to Users by Vogoscope, accessible via a Windows interface.
"Customer": means any entity that has signed an agreement with Vogoscope to provide the Platform and the related Services to Users.
"Agreement": means this agreement concluded between Vogoscope and the User.
"Licence": means the right to use the Platform and the Application, allowing Users to access them and use them for the period for which it is granted.
"Party" or "Parties": means Vogoscope and the User, individually or collectively.
"Platform": means the myvogoscope.com platform, made available to Users by Vogoscope, which may be accessed from a computer, smartphone, tablet or touch screen and may be used by Users, depending on the rights granted, to adjust the settings of the Platform, use the video content and manage the events.
"Services": means the services provided via the Platform and the Application as described in these ToU.
"User": means any natural person to be granted a Licence to use the Platform and the Application by the Customer, in accordance with the provisions of these ToU, who may be :

- an "Administrator User": Users with the most extensive access rights, allowing them to use and administer all the functions of the Platform and the Application as described in these ToU; or
- a "Pro User": Users (athletes, coaches, video analysts and judges etc.) with access to the the Application and restricted access to the Platform, in line with the rights granted by the Administrator User.

2 – Scope

2.1

These ToU set out the terms and conditions on which Users may access the Services and receive them. Any use of the Platform or the Application by Users implies a full, unconditional acceptance of these ToU. Users accept these 2 terms of use, acknowledge that they have full knowledge of them and consequently undertake not to assert any conflicting document.

2.2

The relationship between the Parties will always be governed by the latest terms in force on the date on which Users use the Platform or the Application. If these ToU are modified, Users will be asked to accept the new terms, which will apply to them from the date of acceptance. However, Users may cancel their registration by sending an email with a delivery receipt request within one month of notice of the changes to the terms of use. If Users do not exercise that cancellation right within the above period, they will be deemed to have accepted the changes to the ToU.

3 – Description of the Application

The Platform is used to manage a video recording and broadcasting solution for filming training sessions and events. Administrator Users and Pro Users use the Platform to access the Services described in Clause 5 below.

4 – Access to the Application

4.1

Once an agreement has been signed between Vogoscope and the Customer and the Customer has paid the corresponding fee, access to the Platform is free of charge for Users, other than the cost of arranging a contract with an Internet Service Provider and any additional fees charged to load data.

4.2

Users will need to have a computer, smartphone, digital tablet or touch screen and an Internet connection to access and use the Platform.

4.3

To access the Platform, Users will receive an email inviting them to log in to the Platform for the very first time.
When they log in for the very first time, they will be asked to create their own password to secure access to their account and accept these ToU. Users have restricted, secure access to their account via their username and password. Users are responsible for the password they choose when they log in for the very first time and undertake not to disclose it to anyone. Vogoscope may not be held liable, in any circumstances whatsoever, for the consequences of any fraudulent use of their password by a third party.

4.4

Their registration will be valid when they accept these ToU and log in to their account for the very first time.

5 – Services

5.1

Once access to the Platform has been confirmed, Users may access the Services in line with the rights assigned. On the date of acceptance of these ToU, Administrator Users may use the Services available to them on the Platform to:

- Log in to the Vogoscope server,
- Program upcoming events by entering the following data: date, place and name of the event etc. and specifying whether the video streams of the event will only be available at the venue and/or remotely,
- Adjust the settings for the User functions for each event (activation or deactivation of functions: recording and sharing on social media),
- Customise the graphics and functions of the Application (sound, censor etc.),
- Add partner logos,
- Add video files such as video streams,
- Adjust the settings of the ticket office for each event,
- View the list of past and upcoming events,
- Play or replay a past event,
- For past events:

On the date of acceptance of these ToU, Pro Users may use the Services available to them on the Platform to, in line with the rights granted by the Administrator User:
- Log in to the Vogoscope server,
- Adjust the settings for the User functions for each event (activation or deactivation of functions: recording and sharing on social media),
Program upcoming events by entering the following data: date, place and name of the event (for example, program the recording of a training session) and specifying whether the video streams of the event will only be available at the venue and/or remotely,
- View the list of past and upcoming events,
- Play or replay a past event,
- For past events:

5.2

Users may also access the specific functions of the Application in a Windows environment. Using those functions, Users may:
- Simultaneously view all live streams in full screen or mosaic mode (Live Multicam),
- Select a stream and view it in full screen,
- Select the number of screens to be displayed in mosaic mode,
- Rewind at any time to instantly replay an action,
- Activate the slow-motion mode to replay an action at reduced speed,
- Zoom in,
- Freeze a frame,
- View an action frame by frame,
- Predefine a list of markers,
- Tag an action and add a marker to it,
- Navigate between markers. For each marker, all the streams are synchronised, to allow all camera angles to be viewed immediately,
- Create their own video clips,
- Generate automatic video clips from the markers added,
- Use the drawing and angle calculation function on the screen to debrief a live action,
- View a sequence over and over again.

5.3

Users are hereby informed and agree that their data will be stored on the Vogoscope Cloud, available from the Platform, until the end of the agreement signed with the Customer and subject to the maximum storage capacity defined in the agreement signed with the Customer.
If the maximum storage capacity is reached, the Customer will need to ask Vogoscope to increase the storage capacity on the terms set out in Vogoscope's general terms and conditions of sale.
Failing this, Users are informed that the most recent data will overwrite and permanently delete the data that has been stored in the Vogoscope Cloud for the longest period of time.

5.4

Users acknowledge that the Platform and the Application may be upgraded and that the Services may therefore be adapted accordingly. Users will be notified by email of any withdrawal or any substantial modification of the Services available on the Platform or the Application.

6 – Obligations of the User

6.1 Obligations relating to the Use of the Platform and the Application

When using the Application, Users undertake as follows:
-To use the Platform and the Application on their equipment solely for a business use in accordance with the provisions of these ToU,
- Not to reproduce all or any part of the Platform or the Application, permanently or temporarily, using any means and in any form,
- Not to use software or processes to copy content,
- Not to in any way adapt, modify, translate, transcribe, arrange, compile, decompile, assemble, disassemble,
transcode or reverse engineer all or any part of the Platform or the Application, the Services and/or the content,
- Not to export the Platform or the Application or merge all or any part of the Platform or the Application with other computer programs,
- Not to download viruses or files that could potentially harm the integrity of the Platform or the Application,
- To inform Vogoscope as soon as they become aware of any hacking and, in particular, any unlawful or noncontractual use of the Platform or the Application and/or the content, regardless of the method of dissemination used,
- Not to sell, rent, sublicense or distribute, in any manner whatsoever, the Platform or the Application and/or the content to third parties,
- To provide full, accurate information during the registration process and update it where necessary,
- Not to steal anyone's identity or attempt to sign in to an account that is not their own,
- Not to use the Platform or the Application for fraudulent purposes or for any purposes that are not authorised in these ToU.

6.2

If Users breach any one of the obligations set out in Clause 6.1, their account may be closed by Vogoscope. If Vogoscope needs to close a User's account due to a failure to comply with the obligations imposed on Users under the ToU, it will be entitled to cancel the Licence granted, pursuant to Clause 11.2, without prejudice to any damages it may be entitled to claim or any criminal prosecution if the behaviour in question may constitute a criminal offence

7 – Intellectual Property

7.1

All components of the Platform and the Application (software, copyright, databases etc.) are protected as intellectual property rights.

Users undertake not to infringe the above-mentioned rights. Users undertake not to directly or indirectly make the documents relating to the Platform or the Application available to unauthorised third parties, on any basis, in any form and on any grounds whatsoever.

7.2

Subject to acceptance of these ToU, Vogoscope grants Users, for their own needs, a personal, non-transferable and non-exclusive right to use the Platform and the Application throughout the term of the Agreement.
Users are prohibited, in particular, from:
- making copies of the Platform or the Application or any of their components,
- distributing copies of the Platform or the Application or their content to third parties,
- using the specifications of the Platform or the Application to create or allow the creation of a program that has the same purpose,
- changing, distorting, revising or decompiling the Platform or the Application for any purpose whatsoever,
- using their passwords and/or usernames for any purposes other than their strict purpose of allowing authentication,
- assigning, leasing, subleasing or transferring their user Licence to a third party without Vogoscope's prior written consent,
- violating the functions of the Platform or the Application.
The user Licence does not include any other rights and may not be construed, in any circumstances whatsoever, as including the right to perform any act other than those expressly authorised and, in particular, the right to translate, adapt, arrange or make any other changes to the Platform or the Application and/or their components, including in connection with their contractual purpose.
Vogoscope is authorised to check how Users use the Platform and the Application, at any time and without notice, to ensure compliance with the Licence granted to them.

8 – Personal Data

8.1

Whenever a user account is created or a User's personal information is updated in the Platform and/or the Application, Vogoscope collects the User's personal data within the meaning of the French Data Protection Act of 6 January 1978 and the EU General Data Protection Regulation No. 2016/679 of 27 April 2016, to identify the User and make the Services available.
Vogoscope may collect and process the following types of personal data: Identity-related data such as surnames, forenames and email addresses.
The legal basis for processing that personal data is the performance of the Agreement with the User.
The retention periods for the personal data collected by Vogoscope are set out in Vogoscope's privacy policy.
Vogoscope may collect and process the following types of personal data: Identity-related data such as surnames, forenames and email addresses.
The legal basis for processing that personal data is the performance of the Agreement with the User.
The retention periods for the personal data collected by Vogoscope are set out in Vogoscope's privacy policy.

8.2 Collected Datas

VOGOSCOPE collects followings datas:
1) Datas related to account creation (email, name, surname)
2) Informations from social network accounts that you associate with your VOGOSCOPE account
3) User approximate, precise and background localisation if user allows them for the purpose of using geolocated events functionality
4) Phone type
Please note that location datas are collected but not stored permanently.

8.3 Use and deletion of user data

In accordance with the regulations in force, Users have the following rights with regard to Vogoscope:
- right of access to their personal data,
- right of rectification of their personal data,
- right of erasure of their personal data,
- right to restrict processing,
- right to object to processing,
- right to withdraw consent if processing requires consent,
- right to data portability,
- right to lodge a complaint with a supervisory authority,
- right to decide what should happen to their personal data after their death.
Those rights are strictly personal and may only be exercised by Users for their own personal data or for the personal data of another User for whom they act as legal representative. Users may decide to exercise those rights by emailing a request to Vogoscope at the following address: rgpd@vogoscope.com or posting it to the following address: Vogoscope SAS, 6 Rue Benjamin Franklin, BP 10, 70190 Rioz, France.
Vogoscope will not use a User's personal data for any purposes other than to provide the Services. The data collected via the Platform and the Application will only be received by Vogoscope and/or the Customer. Accordingly, it will not be transferred to any third party, with the exception of: - Vogoscope's data processors, for technical reasons only,
- cases where such a disclosure is required by law or under a regulation or court order or such a disclosure is necessary to protect and defend its rights.
Further information about how Vogoscope processes personal data can be found in Vogoscope's privacy policy, which is available at the following address: https://vogoscope.com/images/LEGAL-PRIVACY-POLICY-ENGFR.pdf

9 – Availability of the Platform and the Application

The Platform and the Application may be accessed 24 hours a day, 7 days a week, subject to a force majeure event or any event beyond the control of Vogoscope that could prevent the operation of the Platform or the Application such as technical problems, Internet congestion or the failure of any other remote transmission system, and subject to any breakdowns and maintenance operations required for the proper operation of the Platform or the Application. Maintenance may be carried out without any need to give prior notice to Users.

10 – Warranties and Liability

10.1

The Platform and the Application are provided "as is" and "as available" without any warranty of any kind.
All Users must take all appropriate steps to protect their own data and/or software stored on their telephone equipment from any harm.
Users represent that they are aware of and accept the characteristics and limits of the Internet and, in particular:
• The functional characteristics and technical performance of the Internet,
• The problems related to network availability and congestion,
• The problems related to transit times, access to information posted online and response times for displaying,
viewing, querying or otherwise transferring data,
• The risk of downtime,
• The lack of protection for some data from any misappropriation or hacking,
• The risk of infection by any viruses spread on the said networks etc., for which Vogoscope may not be held liable,
• The risk of poor image quality on the Platform and the Application depending on the geographical position of Users at the site or the quality of reception of the terminal used.

Likewise, Vogoscope may not be held liable for the following:
• Any failure, loss, delay or error in the transmission of data which is beyond its control,
• Messages and/or data sent to a false, incorrect or incomplete address. In general, Vogoscope may not be held liable for any improper performance of the Services caused by any incorrect information provided or information that has not been updated by Users,
• Data that is not received for any reason whatsoever or if the data received is unreadable or unprocessable,
• If Users are unable to access or use the Platform or the Application and/or the Services for any reason whatsoever, through no fault of Vogoscope,
• Downtime affecting the Platform or the Application, bugs or operating errors or any direct or indirect damage or loss, whatever the causes, origins, nature or consequences, caused by any access to the Platform or the Application and/or inability to access them.

10.2

Vogoscope disclaims all liability for any misuse of the terminal and/or incidents related to the use of the terminal when using the Platform or the Application. Vogoscope may not be held liable, in any circumstances whatsoever, for any damage or loss, of any kind whatsoever, caused to Users, their terminals, their computer and telephone equipment or the data stored on that equipment, or for any consequences that may arise therefrom.

10.3

Vogoscope disclaims all liability, in all circumstances, for any loss of User data resulting from the saturation of the Vogoscope Cloud storage space, in accordance with the provisions of Clause 5.2 of these ToU

10.4

If action is taken implicating Vogoscope, in particular due to a malfunction of the Platform and/or the Application, Vogoscope may successfully defend such an action, at its sole discretion, by correcting the defect or by updating the Platform and/or the Application.

11 – Term and Termination

11.1

Registration in the Platform is effective when Users accept the ToU and log in to their account for the very first time. The registration is valid throughout the term of the agreement signed by Vogoscope with the Customer.

Users and/or Customers may terminate the Agreement at any time, without prior notice, by cancelling their registration in the Platform or sending an email to Vogoscope at info@vogoscope.com.

11.2

As an exception to the above, each Party may terminate this Agreement, by operation of law, in the event that the other Party breaches one of its obligations, 15 days after giving formal notice to cure the breach with which the other Party fails to comply, mentioning the injured Party's intention to assert this Clause. Termination will take effect immediately if the breach cannot be cured. In the event of a termination attributable to a User, the User will be informed of the termination of the registration by email.
In particular, the obligations relating to the use of the Platform and the Application and the obligation to comply with Vogoscope's intellectual property rights will be treated as undertakings whose non-performance may trigger the termination of the Agreement.

11.3

By way of exception to Clause 11.1, if the agreement between Vogoscope and the Customer is terminated for any reason whatsoever, Vogoscope may terminate this Agreement by sending an email with a delivery receipt request, giving fifteen (15) days' notice.

11.4

If this Agreement is terminated on any ground whatsoever, Users will no longer be able to access the Platform or the Application from the effective date of its termination.

12 - Governing Law and Jurisdiction

These terms of use and, more generally, the relationship between Vogoscope and the User, are governed by French law.

Any disputes resulting from the operations specified herein will be subject to the jurisdiction of the ordinary courts.

13 – No Waiver

No tolerance shown by one of the Parties towards the other Party may be construed as a waiver of its right to assert all the rights granted under these terms of use.

14 – Evidence

In the event of a dispute, the Parties agree to accept emails and exchanges via the Platform and the Application as original documents that may be used as valid evidence and waive their right to challenge this method of proof, unless the challenge pertains to authenticity.