Mobile application “S4S user” terms of use

TERMS AND CONDITIONS FOR THE PROVISION, PURCHASE AND USE OF SERVICES

“S4S User” Mobile Application

1. GENERAL PROVISIONS

1.1. These Terms and Conditions for the provision, purchase and use of services of the “S4S User” mobile application (hereinafter – the Rules) constitute a binding legal document governing the mutual rights, obligations and liability of the Buyer and the Seller when the Buyer purchases and uses the services of the “S4S User” application.

1.2. Before starting to use the “S4S User” application and/or purchasing services, the Buyer must carefully read these Rules and the Privacy Policy. Use of the application constitutes the Buyer’s acceptance of the Rules and the Privacy Policy.

1.3. The Seller has the right to unilaterally amend, revise or supplement the Rules in response to changes in its activities, the legal environment or the services. The version of the Rules in force at the time the order is placed shall apply to the Buyer.

2. PARTIES AND DEFINITIONS

2.1. Seller – Stats4sport ApS Lithuanian Branch, company code 304086416, registered address: Elbingo St. 55-1, LT-06285 Vilnius, email: ds@stats4sport.com, which develops, administers and owns the “S4S User” mobile application.

2.2. “S4S User” mobile application – an application intended for the Buyer to connect to the Organisation whose services the Buyer uses and to access services related to the Organisation’s activities.

2.3. Organisation – any organisation conducting non-formal activities that has entered into a Service Use Agreement with the Seller (Stats4sport ApS Lithuanian Branch) and provides services to its members.

2.4. Buyer / Consumer / Member – a member of an Organisation conducting non-formal activities who uses the services provided by the Organisation and is a recipient of the “S4S User” application services.

2.5. Other terms used in these Rules shall have the meanings assigned to them under the applicable laws of the Republic of Lithuania.

3. PURCHASE OF SERVICES AND CONCLUSION OF THE AGREEMENT

3.1. The following persons are entitled to purchase services of the “S4S User” application:

  • legally capable natural persons – adults whose legal capacity has not been restricted by a court;
  • minors aged 14 to 18 – with the consent of their parents or guardians, except where they independently dispose of their own income;
  • authorised representatives of all persons referred to above.

3.2. The Agreement between the Buyer and the Seller is concluded electronically. The Agreement shall be deemed concluded from the moment the Buyer selects a service in the “S4S User” application and clicks the “Payment” button.

3.3. Prices for services in the “S4S User” application are indicated in euros, including VAT, where applicable.

3.4. Payment for services is made through payment partners designated by the Seller (UAB Paysera LT, UAB BLUE EMI LT, etc.) in accordance with the terms and conditions established by those partners.

3.5. At the Buyer’s request, the “S4S User” service shall begin immediately after payment. The fee paid for the purchased “S4S User” annual package, or any part thereof, shall not be refunded if the Buyer, on their own initiative, decides to stop using the Service before the end of the annual package validity period, except in cases provided for by the laws of the Republic of Lithuania, including cases where the Service cannot be provided due to the fault of the Service Provider (Seller).

To request a refund, the Buyer must contact ds@stats4sport.com and provide information related to the payment and the reason for the refund request:ds@stats4sport.com

  • first name and surname;
  • name of the Organisation of which the Buyer is a Member;
  • account identification details (the email address used for registration);
  • the substance of the question or complaint;
  • where relevant – screenshots, error messages and payment information (e.g. payment date, amount, payment ID).

4. RULES FOR USE OF THE APPLICATION

4.1. The Buyer undertakes to:

  • not disclose their login credentials to third parties;
  • immediately inform the Organisation if login credentials are lost or if the Buyer suspects that they may have been used by third parties;
  • comply with these Rules, applicable laws and principles of fair conduct when using the “S4S User” application.

4.2. The Buyer is fully responsible for the accuracy of the personal data they provide. If the Buyer provides incorrect or incomplete data, the Seller and/or the Organisation shall not be liable for any consequences arising therefrom.

4.3. The Buyer is responsible for all actions carried out using the “S4S User” application and for any content (messages, comments, uploaded information) created, sent or posted by the Buyer in the application.

4.4. It is prohibited to use the “S4S User” application in a manner that causes or may cause:

  • disruption, damage or deterioration of the operation of or access to the application;
  • infringement of the rights or legitimate interests of other persons;
  • violation of applicable laws or accepted standards of morality.

4.5. In the “S4S User” application, it is prohibited to:

  • use the application for fraudulent purposes or for activities related to unlawful conduct;
  • send, post or otherwise distribute any unlawful, harmful, indecent, threatening, offensive, defamatory, degrading, vulgar, obscene, discriminatory, hateful or otherwise inappropriate content, including content related to child pornography or incitement to violence;
  • stalk, intimidate or harass other persons;
  • impersonate another person or falsely claim an association with a natural or legal person;
  • attempt to gain access to other persons’ accounts or data.

5. RIGHTS AND OBLIGATIONS OF THE SELLER

5.1. The Seller undertakes to:

  • provide the Buyer with the technical and organisational conditions necessary for the proper use of the “S4S User” application;
  • respect the Buyer’s right to privacy and process personal data only in accordance with applicable laws and the Privacy Policy.

5.2. If the Buyer breaches these Rules or applicable laws, or attempts to compromise the stability or security of the application, the Seller has the right to:

  • immediately and without prior notice restrict or suspend the Buyer’s ability to use the “S4S User” application;
  • in exceptional cases – terminate the Buyer’s registration and/or access to the application.

5.3. At its discretion, the Seller may introduce various promotions, discounts or special offers related to “S4S User” services.

5.4. The Seller has the right to unilaterally amend the terms of promotions or discontinue them without separate notice. Such changes shall apply prospectively from the time they are published.

5.5. The Seller shall not be liable for any material or non-material damage caused to third parties by messages, comments or other content submitted by the Buyer.

6. COMMUNICATION, INQUIRIES AND COMPLAINTS HANDLING

6.1. Primary point of contact – the Organisation of which the Buyer is a Member.
The Buyer agrees and confirms that, for all matters related to:

  • services provided by the Organisation;
  • the content of activities, schedules, training sessions, events and service quality;
  • membership in the Organisation, fees and internal rules;
  • the Buyer’s status, rights and obligations as a Member of the Organisation,

the Buyer shall first contact the Organisation of which they are a Member using the contact details specified by the Organisation (email, telephone, internal messaging system or another communication channel designated by the Organisation).

6.2. Questions concerning the use of the “S4S User” application through the Organisation.
Most practical issues related to the “S4S User” application (e.g. login problems, incorrect Group / Team assignment, subscription validity, visible content, notifications, etc.) shall also first be addressed through the Organisation because:

  • the Organisation administers the Buyer’s membership and links the Buyer’s account to a specific activity;
  • the Organisation can provide context, clarify data and initiate the necessary changes on the “Stats4sport” platform.

6.3. Contacting the Seller (Stats4sport ApS Lithuanian Branch).
The Buyer may contact the Seller directly only in the following cases:

  • where the issue concerns the technical operation of the application and cannot be resolved by the Organisation (e.g. a system error, application malfunction, technical login problems, integration operation, etc.);
  • where the issue concerns the technical execution of a payment transaction, the operation of payment platforms or a possible system malfunction, and the Organisation is unable to provide an answer;
  • where the Organisation does not respond to the Buyer’s enquiry within a reasonable period (e.g. 3 calendar days), or the response clearly does not resolve an issue falling within the Seller’s competence.

6.4. Contact details for contacting the Seller.
When contacting the Seller, the Buyer should use the email address ds@stats4sport.com and, where possible, provide:

  • first name and surname;
  • name of the Organisation of which the Buyer is a Member;
  • account identification details (e.g. the email address used for registration);
  • the substance of the question or complaint;
  • where relevant – screenshots, error messages and payment information (e.g. payment date, amount, payment ID).

6.5. Complaints handling.
6.5.1. Complaints relating to the quality of services provided by the Organisation, the work of coaches, the content of activities, schedules, internal rules or similar aspects of the Organisation’s activities shall be handled at the Organisation level in accordance with that Organisation’s internal documents and applicable laws.
6.5.2. Complaints relating to the technical operation of the “S4S User” application or the “Stats4sport” platform, system errors, access disruptions or technical aspects of payment processing may be handled by the Seller in direct cooperation and/or coordination with the relevant Organisation and payment partners.

6.6. No restriction of consumer rights.
Although these Rules provide that the Buyer shall first contact the Organisation, this does not restrict the Buyer’s right to:

  • contact the Seller directly regarding the processing of personal data, technical system matters or other issues falling within the Seller’s competence;
  • submit a complaint to the State Data Protection Inspectorate, other supervisory authorities or a court where the Buyer believes that their rights have been infringed;
  • use other consumer rights protection remedies provided by law.

6.7. Response times.
6.7.1. The Organisation and the Seller shall endeavour to respond to the Buyer’s enquiries and complaints as quickly as possible, but no later than within the time limits provided by law or established in internal rules.
6.7.2. If, for objective reasons, a response cannot be provided within the specified period, the Buyer shall be informed of the reasons for the delay and the expected response time.

7. INTELLECTUAL PROPERTY

7.1. All rights in the “S4S User” application and related content, including but not limited to software code, design, logos, texts, graphic elements and databases, belong to the Seller or its licensors and are protected by the laws of the Republic of Lithuania and international treaties.

7.2. No content or other information contained in the “S4S User” application may be copied, reproduced, distributed, made publicly available, transmitted, modified or otherwise used without the Seller’s prior written consent, except where permitted by law.

8. LIABILITY

8.1. The Buyer is fully responsible for:

  • the accuracy and currency of the data provided;
  • actions carried out using the “S4S User” application;
  • the lawfulness of content posted in the application and its compliance with the Rules and applicable laws.

8.2. The Seller shall not be liable for:

  • actions of the Buyer or other persons carried out using the “S4S User” application;
  • damage suffered by the Buyer or third parties where such damage arises from the Buyer’s failure to comply with the Rules or applicable laws;
  • actions and decisions of Organisations related to the services they provide or their internal procedures.

8.3. Where damage occurs, the Party at fault shall compensate the other Party for direct losses in accordance with applicable laws.

8.4. The Seller shall be released from liability if the Buyer failed to familiarise themselves with the Rules despite having had the opportunity and ability to do so.

9. FINAL PROVISIONS

9.1. These Rules have been prepared in accordance with the laws of the Republic of Lithuania.

9.2. All disputes and disagreements arising from the performance or application of the Rules shall first be resolved through negotiations. If no agreement can be reached, disputes shall be resolved by the competent courts of the Republic of Lithuania at the place of the Seller’s registered office, unless otherwise provided by law.

9.3. If any provision of these Rules is declared invalid or unenforceable, the remaining provisions of the Rules shall remain in force.