Terms and Conditions

Welcome to FootballISM! This platform brings new unique customization features and a variety of high-utility content that make you part of a new generation that is changing football management for the better. FootballISM manages in detail the sport evolution, school, social and personal evolution of the main asset of Football: the players. It is the only technological platform on the market capable of analyzing in a detailed and transversal way: scouting, recruitment, training evaluation and competition, management of facilities, equipment, and the medical, nutritional, and legal component in a fully integrated environment. Developed for training and professional football.

First, an important message: Carefully read these Terms and Conditions ("Terms," "Terms of Use" or "Agreement"), govern the use of the Digital Football ISM solution and all related services, including but not limited to all Football ISM material and all integrations (collectively, the "ISM Football Services") provided by Agap2IT.

When we say "you", "by you", "the user" or "your", FootballISM refers to the authorized individual who, on behalf of an organization or natural person, subscribed and holds an account with one or more FootballISM services.  Please note that, to the extent permitted by applicable law, these terms require the use of arbitration on an individual basis for dispute resolution rather than Judicious Courts, limiting the alternatives available in the event of a dispute.

1.     Acceptance of the Terms

FootballISM is a registered brand of Moongy S.A., with the head office at Rua Sousa Martins, nº10, Lisboa enrolled in Conservatória do Registo Comercial de Lisboa, unther the legal person number 507 431 073, with 300 000,00€ of social capital and with registered address in Rua Sousa Martins, nº10 1050-217 Lisboa. 

The user is committed to fulfill and enforce these terms, intending to moderate the ethical and compliant use of the platform. You acknowledge that these terms are a contract between you and FootballISM, even if it is electronic and is not physically signed by you and Football ISM, conducting your use of the FootballISM Services.

1.1. Miscellaneous provisions

These Terms and Conditions regulate the use of the platform by users in general in order to prevent unethical behavior, essentially in data protection and any other provisions.

 

1.2. Invalidity of a certain disposition

If any court determines that any of the provisions of these terms are illegal, null or, for any reason, not applicable, it shall be considered separable from these Terms and Conditions, not affecting the validity and enforceability of the remaining provisions.

2.     Access Address

FootballISM is available to club managers and their employees at:

https://www.football-ism.com/pt

During the duration of the Agreement, Football ISM grants you an exclusive, non-transferable license to use (perform, insert, modify, read, validate, export and update) the FootballISM platform, as set forth. Upon suspension or termination of this Agreement, this license is revoked immediately, and customer agrees to stop using the Football ISM platform.

2.1. System and Compatibility Requirements

To use the Platform, you’ll need to use a computer, mobile device, or other devices that meet the platform's system requirements and compatibility (which we may update punctually). It is accessible to all devices from the moment you use a browser (we advise you to use Google Chrome). Check requirements from time to time, as we may change or suspend support for any hardware or software platforms at any time. To access the Platform, you need an internet connection on your compatible device. You are responsible for the costs associated with your internet service. Your use of the Platform may count on the use of your mobile internet data, depending on the terms of your agreement with the Internet service provider. 

2.2. Steps to create an account

You will need to create an account to use the FootballISM Services. Your organization's username and password are for personal use only and must be kept confidential. You understand that you are responsible for all use (including any unauthorized use) of your username and password.

To access FootballISM, you must have an ISM Football account, an active subscription, and up-to-date monthly payments. After signing the contract, the service provider will create the instance and then generate the users that the primary User deems necessary.

You will receive a password and account assignment when you complete the activation procedure for the FOOTBALLISM Services. You are responsible for maintaining the confidentiality of your password and account.

Once you have created an account to use Football ISM, you can invite other users to participate in the management of your team by managing your personal account in your subscription system preferences. You are solely responsible for any loss of confidentiality and violation of these Terms arising from the sharing and use of your personal Football ISM account by other contributors.

Your Subscription will be automatically validated each time you sign in to the Platform.

2.3. Permissions Control

The Primary User controls the Permissions (in the "Permissions" area) to which each type of user has rights.

2.4. Number of Authorized Users

The FootballISM system has no user limit.

The subscriber will act as a Primary User in relation to all other Authorized Users.

The Primary User is responsible for all activity of each Authorized User and for any other activity on the Football ISM Account, including the devices that are used to access the Platform. To prevent unauthorized access to your Football ISM Account or platform, the Primary User and each Authorized User must maintain control of the devices used to access the Platform, not allowing access by any unauthorized user to your Football ISM Account, not revealing your email and password or Payment Method to anyone.

2.5. Uploading Photos and Information

The System gives you the opportunity to upload photos, ratings, or publish and even exchange information, content, ideas and opinions, to know  that FootballISM has the right, but not the obligation to you, to select and monitor Publications, and may decide to remove or edit any Publications, which we consider to be offensive or otherwise violate the  terms prior to their appearance on the Platform or elsewhere. Any harmful information placed on the System does not reflect the position of the FootballISM, and all the responsibility arising from it is declining.

2.6. Privacy Note

FootballISM declares that there are no intellectual property rights in the data and materials it provides and inserts when using the ISM Football Services.

2.7. Free Trial and Promotional Offers

The System may be made available free of charge to you on a trial basis for a limited period of time ("Trial Subscription"). The duration of each Trial Subscription will be specified in the subscription process. Experimental Subscriptions are limited to new Platform subscribers unless otherwise specified.

For promotional offers, new customers can only take advantage of "new customer" promotional offers once. The requirements for a special promotion will be indicated at the time of submission of each offer. We will determine, in our sole discretion, eligibility for the Promotional Offer, and reserve the right to revoke it if we determine that you are not eligible.

FootballISM offers several ISM Football Service options. While they all require a paid subscription, Football ISM can also offer special promotional subscription plans.

 

2.8. Integrated and Outsourced Service Options

FootballISM Services may be integrated with, or may interact with, third-party applications, websites, and services ("Third-party Applications") and third-party personal computers, mobile phones, tablets, wearable devices, speakers, and other devices ("Devices"). Your use of such Third Party Applications and Devices may be subject to additional terms, conditions and policies provided to you by the applicable third party. FootballISM does not warrant those third-party applications and devices are compatible with the ISM Football Services.

 

3.     Maintenance Services (integrated)

FootballISM may, in its sole discretion, modify the functionalities of the FootballISM Services from time to time without notice. You agree that Football ISM will not be responsible to you or any third party for any modification, suspension, or discontinuation (temporary) of the ISM Football Services.  We reserve the right, as necessary, in the due situation, to use technicians of another company of the Moongy S.A. group.  when the due situation is fairer and adaptable considering criteria (not only, but also) as the specific technical capacity.

3.1. Improvement Services

The Platform allows the User to submit an unlimited number of upgrade requests on the "Send Feedback" screen, so that we can integrate the most specific user needs of our interface.  If you so choose, the user can also contact you via email or even whatsapp.

If you send us any feedback or suggestions about the FootballISM Services, you grant Football ISM an unlimited, irrevocable, perpetual, and free license to use any feedback or suggestions for any purpose without any obligation to you. If you do so, please be aware that no material you submit to us will be treated as confidential.

3.2. Maintenance Services

The Football ISM Platform may at various times provide updates or other improvements to the System. By subscribing to this System, you give your consent to receive all Updates to the Service without any further notice. Football ISM has outstanding technicians who guarantee and enforce our commitment to the User, these allows the platform to be available, and that it is available in its best version to facilitate the mission of the User when using this System.  Please note that the Platform may be unavailable during a Service Update.

3.3. Support/Report Services

The Platform allows the User to submit an unlimited number of Support requests or to report "Errors" on  the "Send Feedback" screen, so that we can integrate the most specific and diverse needs and improvements to the user of our System.  About the reporting of "Errors", it is important for us to found out, to regularize any unwanted situation.  Despite the daily commitment of the technicians who constantly test the platform, the user in his experience may detect a possible bug, which becomes important to be reported, so that the Football ISM team can remedy it as soon as possible.

4.     Customer Obligations

The Customer accepts:

• Pay the amount of the subscription paid ("Subscription Fee") in the amount and duration you selected, by linking through this selection and giving consent;
• Provide a valid and acceptable payment method for subscription payment;
• Take all necessary measures to authorize the payment of the subscription fee;
• Ensure that your username and password are for personal use only and kept confidential;
• Take all necessary steps to keep access credentials secure, including the use of Strong passwords, and not to share it with any individual;
• Notify the Support team of any security accident, please (but not limited to): lost/stolen access credentials, unauthorized account access, and other situations for us to assist;
• Be the contact person (or additionally designate a contact person if necessary and appropriate) for the duration of the Service;
• Ensure as Data Controller the lawfulness of the personal data present in the System;
• Comply as Data Controller of Personal Data with all applicable legal provisions on the processing of personal data, in the sense of Regulation (EU) 2016/679 of the European Parliament and the Council of 27 April 2016
• Ensure the security of such data;
• Maintain an ethical and respectful conduct, not publishing material considered objectionable, offensive, illegal or otherwise harmful to the Platform;
• Use the platform lawfully, report any misbehavior stemming from these terms and conditions and other binding documents that subscribe/link with Football ISM;
• Contact, be contacted and be contactable for technical reasons relating to the platform, or communications relating to it, notwithstanding others that do not fall within the concept of "technical order", but which are matters relating to the Football ISM platform;
• Assume that you have the necessary rights in all publications you make and, in all material, content and information contained in those publications, also, that all of your publications do not infringe any right of ownership, intellectual property rights or other rights of third parties;
• Fully comply with these Terms and Conditions in addition to any (and all) legislation in force that would deprecate the obligations under this document;

5.     Payment and Billing

5.1. Subscription Costs

To use the FootballISM Services, you will need a paid subscription ("Subscription Fee") in the amount and for the duration you entered and agreed through your contact request for the subscription to the FOOTBALLISM Services.

5.2. Duty of Payment

The primary user has a payment duty to keep access to their account. It is your responsibility to (a) update and settle all payment amount associated with your Subscription Fee; (b) settle the amount using a valid and acceptable payment method.

5.3. Price Changes

FootballISM may, upon negotiation (subject to contract addendum accepted by the main user, for various reasons) change the price of the Subscription Fee. Price changes will take effect at the beginning of the next subscription period, after the agreement date for price changes.

6.     Termination of The Contract

6.1. By Violation

You are responsible for all charges incurred in connection with your Subscription.  In the event that registered user's Payment Method does not cover the Subscription Fee, Football ISM may suspend access to the Platform until it settles the missing amounts relating to the Subscription Fee.

6.2. For Violation of Other Obligations

In the face of the harmful or even intentional conduct of the User, the User must comply with the Obligations of the Client set out in point 4, mainly (but not only), about maintaining an ethical and respectful conduct, not publishing material considered objectionable, offensive, illegal or otherwise harmful to the Platform, also having the Football ISM team, the role of moderators in this area.  Furthermore, any violations of the General Data Protection Regulation itself that puts the role of FootballISM as Data Processor in cause will result in termination of the contract.

FootballISM has the right to disable, suspend or terminate your Subscription and access to the Platform and/or your Account immediately for any harmful reason, including if it is reasonably determined that you have provided incorrect account or payment data that no longer meets eligibility criteria, or that in any other way is in violation of these terms. If this is the case, the user should stop using the Platform. If Football ISM disables your Subscription and/or access to all or part of the Platform, you agree not to create another or attempt to access the Platform without authorization from the Football ISM team. 

6.3. Legal Notice

FootballISM does not guarantee that the System complies with the requirements of any and all international law or regulation.

7.     Property Rights and Trademarks

7.1. Notice of Property Rights

Subject to your compliance with these Terms (including any other applicable terms and conditions), FootballISM grants you limited, non-exclusive, unsublicensed permission to use FootballISM digital solutions ("permission"). You may only use this permission to manage in detail the sport evolution, school, social and personal developments of the club and the club's assets, football players, including the use of scouting analysis, assessment of training and competition, management of facilities and equipment, medicine, nutrition, legal elements, and asset management features ("permission").  You agree that all FootballISM Services provided to you (including, without limitation) may be protected by copyright, trademarks, service marks, brand secrets or other intellectual property and other rights and laws of ownership. Football  ISM may own the website or parts of the Football ISM Services may be made available through agreements with third parties. Materials included in theISM Football Services or made available through the Services are the exclusive property of Football ISM and are protected by copyright laws. You agree to use the Football ISM Services only for the purposes that are permitted by these terms and by any applicable local, state, provincial, national, or other law, rule or regulation.

7.2. Restrictions on the use of the Platform

Without prejudice to other restrictions, limitations and prohibitions that FootballISM imposes (in these Terms or any other  binding document or guidance), you agree not to (a) copy, modify, reproduce, translate, locate, port or otherwise create derivatives of any part of the FootballISM Services; (b) retroengineering, dismantling, decompiling or otherwise attempting to discover the source code or structure, sequence and organization of all or any part of footballISM services; (c) Rent, lease, resell, distribute, use the Football ISM Services for other uncontemplated commercial purposes or exploit the FootballISM Services in any unauthorized manner; (d) Remove or change any property notices on football ISM services; (e) use data mining, robots, viruses, worms, programming errors or other tools for collecting and extracting data from the Platform or framing a part of it or attempting to tamper with, pirate, corrupt or impair the administration and/or security of the Platform;  (f) circumvent, disable or otherwise tamper with any protective security technology of any Content, system resources, accounts or any other part of the Platform or attempt or provide support to another person to do so. It is forbidden to use or distribute tools designated to compromise security (e.g., password guessing programs, computer piracy tools, or network polling); or (g) engage in any activity that interferes with or disturbs the FootballISM Services.

7.3. Content Property

The FootballISM team undertakes to maintain confidentiality and not disclose, by any means, the data entered by Customers or users, in the use of the System, to which it may have access, for example in the context of a technical assistance operation.

7.4. Your content and data

FootballISM claims that there are no intellectual property rights in the data and materials that you provide and inserts when using the FootballISM Services.

"Data" means any data and content that you upload, post, transmit or otherwise make available through the ISM Football Services, including files you upload, comments you make to files, profile information and anything else you enter or upload to the FOOTBALLISM Service. Football  ISM will make commercially reasonable efforts to ensure that all installations used to store and process your Data meet a high security standard. For more information on our current privacy, security and confidentiality of data practices and policies, please refer to the privacy policy.

In our service, FootballISM requires you to grant us certain rights in relation to your Data. For example, FootballISM needs to be able to transmit, store and copy your Data to display it to you and other users (from the same account and other than the primary user), to index it so that it can search, to make backups to prevent data loss, etc. Your acceptance of these Terms gives Football ISM permission to do so and grants FootballISM any rights necessary to provide you with the service, so for the sole purpose of providing the service (and for no other purpose). This permission allows FootballISM to use third-party service providers (e.g. Microsoft Azure) in the operation and administration of the Service and the rights granted to Football ISM are extended to these third parties to the extent necessary for the Service to be provided. Depending on the service, this may involve moving your data across court lines, or across the country's borders. FootballISM will not share, disclose, sell, lease, modify, delete, or distribute any Data provided by you in any way.

8.     Exclusion of Warranties

8.1. Disclaimer of Warranties

FootballISM reserves the right at any time and from time to time to modify, temporarily or permanently, the ISM Football Services (or any part thereof) with or without notice in order to correct any failure or make available new features.

9.      Privacy

The User is responsible for uploading the Data collected by it (the user) to the platform, functioning the FootballISM as an interface of mere organization of the data.  The user is responsible for the collection and organization of the data in the interface and management of the same data, assuming the FootballISM the position of Data Processor acting for a determined and limited purpose by the well-marked Data Controller (User) who owns the data and is solely responsible for the lawfulness of the data. 

"Data" means any data and content that you upload, post, transmit or otherwise make available through the FootballISM Services, including files you upload, comments you make to files, profile information and anything else you enter or upload to the FOOTBALL ISM Service. FootballISM will make commercially reasonable efforts to ensure that all installations used to store and process your Data meet a high security standard. For more information on our current privacy, security and confidentiality of data practices and policies, please refer to the privacy policy.

In our service, Football ISM requires you to grant us certain rights in relation to your Data. For example, FootballISM needs to be able to transmit, store and copy your Data to display it to you and other coaches, to index it so that it can search, to make backups to prevent data loss, etc. Your acceptance of these Terms gives FootballISM permission to do so, and grants Football ISM any rights necessary to provide you with the service,  only for the purpose of providing the service (and for no other purpose). This permission allows FootballISM to use third-party service providers (e.g. Microsoft Azure) in the operation and administration of the Service and the rights granted to Football ISM are extended to these third parties to the extent necessary for the Service to be provided. Depending on the service, this may involve moving your data across court lines, or across the country's borders. FootballISM will not share, disclose, sell, lease, modify, delete, or distribute any Data provided by you in any way.

For more information regarding Data Protection, we advise you to consult our Privacy Policies.

10. Applicable Law and Mandatory Arbitration

These Terms are governed by Portuguese law. All disputes and conflicts arising out of or relating to these Terms, including questions relating to their interpretation, enforcement, validity and/or termination, shall finally be resolved by binding arbitration pursuant to the Arbitration Rules of the International Chamber of Commerce, Paris ("Rules") by three arbitrators appointed in accordance with the Rules.

The arbitration will be based in Lisbon, Portugal. Portuguese procedural law applies whenever the Rules are silent. The language of arbitration will be English.

11. Assignment

 Moongy S.A.  (remember), holder of the Football ISM brand, may occasionally use the services of employees of any direct entity belonging to the Moongy S.A. Group.

12. Changes to terms of use

These Terms constitute all terms and conditions agreed between you and FootballISM, as mentioned above, other documents governing your use of the Football ISM Services are incorporated herein by reference, including the FootballISM Privacy Policy and the data processing addenddum.

13. Contact us

If you have any questions about these Terms and Conditions or if you wish to discuss the FootballISM Services and Terms contained herein, please contact us using the contact details on our website.

 

Last Updated: 04/05/2022