X-Skills License Terms

1. Formation of the agreement

1. This agreement is validly formed at the moment the Organisation:
   • expressly accepts these terms via the X-Skills online purchase process (including Stripe Checkout); and
   • successfully completes the first payment or direct debit mandate.
2. Digital acceptance via an online payment or purchase process is deemed to be legally valid consent to this Agreement and all accompanying annexes.
3. X-Skills retains an electronic record of this acceptance, which serves as evidence of the formation of the Agreement.

2. Purpose of the agreement

1. This Agreement governs the use of the X-Skills method, software, application (“App”) and — where applicable — hardware.
2. The Organisation obtains a non-exclusive, non-transferable and non-sublicensable license for use within its own organisation, for the agreed term.

3. Term and commencement date

• The agreement commences at the moment of digital acceptance as referred to in article 2.
• The license is entered into for a period of 1 or 3 years, depending on the license variant chosen.
• The agreement ends automatically upon expiry of the agreed term. There is no tacit renewal.

4. Scope of the license

Within the agreed term, the license comprises:

• access to the X-Skills App and software;
• creating and managing events and leaderboards;
• use of the training content and exercise database;
• the processing of player data;
• use of the agreed hardware.

Use outside the Organisation's own organisation, or sublicensing or provision to third parties, is not permitted.

5. Hardware

1. Hardware is supplied in accordance with the license package chosen.
2. In the case of purchase, the hardware becomes the property of the Organisation; in the case of lease, it remains the property of X-Skills.
3. Use takes place in accordance with the Beams Terms of Use.

6. Payment

1. Payment is made in advance per month, quarter or year, via the X-Skills online payment system.
2. Invoicing takes place automatically via the payment system used.
3. In the event of payment arrears, X-Skills is entitled to suspend access to the software services (temporarily).

7. Support and updates

1. Support is provided by e-mail.
2. Software updates and functional improvements are included for the duration of the term.
3. Additional support, consultancy or training can be purchased at an additional charge.

8. Privacy and data protection

1. The Organisation is the controller.
2. X-Skills acts as processor.
3. The Data Processing Agreement (Annex A) forms an integral part of this Agreement and is automatically accepted upon acceptance hereof.
4. Player data remains the property of the Organisation.
5. X-Skills may use anonymised data only, for product development and analysis.

9. Termination

1. Early termination by the Organisation does not give rise to any right to a refund.
2. X-Skills may terminate in the event of:
   • non-payment;
   • misuse;
   • breach of the terms.
3. Upon termination, access to the software and data lapses.

10. Liability

1. The liability of X-Skills is limited to direct damage.
2. Total liability is limited to € 25,000 per calendar year.
3. Indirect damage is excluded, save in the event of intent or gross negligence.

11. Applicable law

This agreement is governed by Dutch law.

Disputes shall be submitted to the competent court in Noord-Holland (Haarlem).

Article 1 – Purpose and scope

X-Skills processes personal data solely on the instructions of and for the benefit of the Organisation, in the context of the use of the X-Skills software, app, hardware and methodology. The purpose of the processing is to facilitate: training sessions and events; performance measurement and analysis; internal club administration; leaderboards and reporting.

Article 2 – Categories of personal data and data subjects

Data subjects

• players (youth and seniors);
• trainers and coaches;
• club administrators.

Personal data

• name or nickname;
• e-mail address (optional);
• age category or date of birth;
• team or club details;
• performance and measurement data;
• account and login details;
• SkillTag/Tag IDs.

Article 3 – Processing phases

1. Anonymous phase: processing of performance data without any link to personal data (Tag IDs).
2. Personal phase: linking to personal data after a user voluntarily:
   • creates an account;
   • and links a SkillTag.

The Organisation determines whether and when this linking takes place.

Article 4 – Duration of the processing

1. The processing continues for as long as the License Agreement is in force.
2. Following termination, personal data is deleted or anonymised within 30 days, unless statutory retention obligations require otherwise.

Article 5 – Obligations of X-Skills (Processor)

X-Skills:

1. processes personal data solely on the written instructions of the Organisation;
2. processes data exclusively within the European Economic Area;
3. takes appropriate technical and organisational measures, including:
   • encrypted connections (TLS);
   • encrypted storage;
   • role-based access rights;
   • logging, monitoring and back-ups;
4. safeguards the confidentiality of its personnel;
5. reports data breaches to the Organisation without delay and within 48 hours at the latest.

Article 6 – Obligations of the Organisation

The Organisation:

1. is the controller under the GDPR;
2. ensures that players and parents are properly informed;
3. obtains parental consent for players under the age of 16;
4. is responsible for the leaderboard settings and the visibility of names.

Article 7 – Sub-processors

1. X-Skills makes use of sub-processors, including:
   • Google Firebase (EU);
   • Amazon Web Services (EU);
   • payment processors (where applicable).
2. Changes of sub-processors are notified; objection is possible within 14 days.

Article 8 – Rights of data subjects

1. X-Skills supports the Organisation with requests for:
   • access;
   • rectification;
   • erasure;
   • data portability.
2. Requests addressed directly to X-Skills are forwarded to the Organisation.

Article 9 – Liability

1. The liability of X-Skills is limited in accordance with the License Agreement.
2. X-Skills is not liable for errors caused by incorrect instructions from the Organisation.