Terms of Use

Article 1 – Applicability

1. These terms of use apply to every use of the Beams, whether they have been purchased, leased or made available on a temporary basis.
2. By using the Beams, the user (Club, Organisation, coach or participant) agrees to these terms.
3. In the event of a conflict, the following order of precedence applies: the licence agreement; the annexes to the licence agreement; these terms of use; the general terms and conditions of X-Skills.

Article 2 – Ownership and right of use

1. On purchase, the Beams become the property of the buyer; under lease or loan, the Beams remain the property of X-Skills.
2. The user obtains a right of use only, for training sessions and events within its own organisation or activity.
3. It is not permitted to:
   • rent out, resell or make the Beams available to third parties;
   • open, dismantle or technically modify the Beams;
   • use the Beams contrary to these terms or the manual.

Article 3 – Safe use

1. The Beams are intended solely as a training aid and not as a piece of play equipment.
2. Use is permitted only:
   • under the supervision of a coach, supervisor or organiser;
   • on a stable, level and safe surface;
   • in an environment with sufficient space around the Beams.
3. Before every use, the user must check that the Beams:
   • have been positioned correctly;
   • are free of visible damage;
   • function safely.
4. Use by minors is permitted only under active supervision.

Article 4 – Responsibility and supervision

1. The Club or Organisation is fully responsible for:
   • supervision during use;
   • instruction of participants;
   • compliance with safety regulations.
2. X-Skills is not responsible for damage or injury arising from:
   • improper use;
   • lack of supervision;
   • use contrary to instructions.

Article 5 – Maintenance and duty of care

1. The user is obliged to handle the Beams with care and to store them correctly (dry, clean and secure).
2. Defects or malfunctions must be reported to X-Skills immediately.
3. The use of damaged Beams is not permitted.
4. Normal wear and tear is not covered by the warranty.

Article 6 – Damage, loss and theft

1. Damage arising from incorrect or careless use is at the expense of the user.
2. Loss or theft must be reported immediately.
3. Under lease or loan, the user is liable for the replacement value in the event of loss or irreparable damage.

Article 7 – Warranty

1. X-Skills warrants that, on delivery, the Beams meet reasonable standards of soundness.
2. The warranty does not apply in the event of:
   • incorrect use;
   • modifications by third parties;
   • damage caused by negligence or external influences.
3. In a valid warranty case, X-Skills will repair or replace at its own discretion.

Article 8 – Liability

1. Use of the Beams is at the own risk of the user and of the organising party.
2. X-Skills is liable solely for direct damage resulting from a demonstrable defect in the Beams.
3. The liability of X-Skills is limited to € 25,000 per calendar year.
4. Liability for indirect or consequential damage is excluded, except in the case of intent or gross negligence.

Article 9 – Intellectual property

1. All intellectual property rights in the Beams, software, manuals and designs vest in X-Skills.
2. It is not permitted to copy, reproduce or publish these without written consent.

Article 10 – Return at the end of use

1. Under lease or loan, the Beams must be returned in good condition within 14 days of termination.
2. In the event of a late or damaged return shipment, X-Skills may charge costs or the replacement value.

Article 11 – Governing law

These terms of use are governed by Dutch law.

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

Article 12 – Contact

• X-Skills B.V.
• Spaarne 64
• 2011 CK Haarlem
• team@x-skills.com
• www.x-skills.com

Article 1 – Access and registration

1. The X-Skills App may be used only with:
   • a personal account, or
   • a linked X-Skills SkillTag (NFC).
2. The user is responsible for:
   • entering data correctly;
   • keeping login credentials confidential;
   • all actions carried out through the account.
3. The App is intended for users aged 16 and over. Users under the age of 16 may take part only through a Club or Organisation that has obtained parental consent.
4. X-Skills is not responsible for incorrect or unauthorised use of accounts.

Article 2 – Purpose and use of the App

1. The App has been developed for sports training, measurements, gamified challenges and performance insights.
2. Users are not permitted to:
   • distribute unlawful, discriminatory or offensive content;
   • copy, modify, reverse-engineer or manipulate the App, the software or the underlying systems;
   • circumvent technical security measures;
   • misuse other users' data;
   • use the App in breach of laws and regulations or of these terms.
3. X-Skills reserves the right to temporarily block or delete accounts in the event of:
   • misuse;
   • security incidents;
   • maintenance;
   • termination of the club licence.

Article 3 – Leaderboards and visibility

1. During events and training sessions, results may be shown on leaderboards.
2. By default, results are shown anonymously or under a nickname.
3. If a user voluntarily creates an account and links a SkillTag, results may become visible under the linked name.
4. The organiser of the event (Club/Organisation) is responsible for:
   • the settings chosen;
   • communication about this to players and parents/guardians.

Article 4 – Intellectual property

1. All intellectual property rights relating to the App, software, algorithms, databases, content and designs vest in X-Skills B.V. or its licensors.
2. Without the prior written consent of X-Skills, it is not permitted to reproduce, publish or modify any part of the App.

Article 5 – Privacy and data

1. Personal data is processed in accordance with the X-Skills Privacy Statement.
2. Performance and measurement data is initially processed anonymously.
3. Data is linked to a name only after a user:
   • creates an account; and
   • links a SkillTag.
4. For users under the age of 16, the Club/Organisation is responsible for obtaining parental consent.
5. Users have rights such as access, rectification and erasure, as described in the Privacy Statement.

Article 6 – Security

1. X-Skills takes appropriate technical and organisational measures to secure the App and the data.
2. The App uses secure connections (TLS) and encrypted storage within the European Union.
3. Despite these measures, X-Skills cannot guarantee that the App will function without errors or interruptions at all times.

Article 7 – Licence, payments and hardware

1. The App may be accessible free of charge, but certain functionalities are available only if the Club or Organisation holds an active licence.
2. Hardware (such as SkillTags and Beams) is purchased or supplied separately and does not fall under these terms of use.
3. Payments, licence terms and hardware are governed by the agreements between X-Skills and the Club or Organisation concerned.

Article 8 – Liability

1. X-Skills does not warrant that the App is always available or error-free.
2. X-Skills is not liable for damage resulting from:
   • improper use of the App;
   • incorrect input by users or Clubs;
   • temporary malfunctions or maintenance.
3. The liability of X-Skills is limited to € 25,000 per calendar year.
4. Liability for indirect or consequential damage is excluded, except in the case of intent or wilful recklessness.

Article 9 – Termination

1. Users may delete their account at any time.
2. X-Skills may terminate accounts in the event of:
   • breach of these terms;
   • misuse;
   • termination of the club licence.
3. After termination, personal data is deleted or anonymised within 30 days, unless statutory obligations provide otherwise.

Article 10 – Governing law

The use of the App is governed by Dutch law.

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

Article 11 – Contact

• X-Skills B.V.
• Spaarne 64
• 2011 CK Haarlem
• team@x-skills.com
• www.x-skills.com