Introduction

These Terms of Use (“Terms”) govern your access to and use of the products and services provided by BESEIN Technologies LLC, a Delaware limited liability company (“BESEIN”, “we”, “us” or “our”), including our mobile applications, web applications, platforms and websites that reference or link to these Terms (collectively, the “Services”). The Services are designed to support Players at different stages of their football journey, including those seeking greater visibility to scouts, coaches, clubs and academies as they progress toward higher levels of competition and, where applicable, professional opportunities.

By accessing or using the Services, creating an account, clicking “I agree”, “Accept” or similar, or by otherwise indicating your acceptance of these Terms, you agree to be bound by these Terms and by any additional terms and policies referenced herein, including our Privacy Policy, which is incorporated into these Terms by reference. If you do not agree to these Terms, you must not access or use the Services.

If you are accepting these Terms on behalf of a company, club, academy, school or other legal entity, you represent and warrant that you have the authority to bind that entity to these Terms. In such cases, “you” and “your” refer to both you individually and the entity on whose behalf you are acting.

The collection and use of Personal Data in connection with the Services is described in our Privacy Policy, which also explains your rights under applicable data protection laws (including, where applicable, the GDPR and UK GDPR).

Definitions

For purposes of these Terms:

• (a) “Player” means a natural person, whether minor, youth or adult, who uses the Services to upload or otherwise provide football (soccer) performance-related content and to receive performance feedback, metrics, predictive analysis, visibility or related services in support of their football development and, where applicable, their progression along an amateur, collegiate or professional pathway.
• (b) “Parent or Guardian” means a parent or legal guardian who creates, supervises or manages a Player account for a minor, or who otherwise acts on behalf of a minor Player.
• (c) “Professional User” means any scout, agent, coach, club, academy, school, representative or other professional stakeholder who uses the Services for talent identification, development, analysis or related professional purposes.
• (d) “Partner Organisation” means a club, academy, school or other organisation that enters into a separate written agreement with BESEIN to use the Services in connection with its Players or staff.
• (e) “User Content” means any content, data, information, media, text, images, video, audio, graphics, feedback or materials that you submit, upload, transmit or otherwise make available through the Services, including Player Media, profile information, comments and messages.
• (f) “Player Media” means video and audio recordings, images and other media files uploaded or transmitted by or on behalf of a Player for analysis, feedback, visibility or related purposes.
• (g) “AI Outputs” means derived metrics, analyses, predictions, rankings, recommendations or other insights generated by BESEIN’s artificial intelligence, machine learning or similar algorithmic systems on the basis of User Content or other data.

Capitalised terms used but not defined in these Terms shall have the meanings given to them in the Privacy Policy, where applicable.

Eligibility and Accounts

Eligibility – General

You may use the Services only if you (a) are at least the minimum age required under applicable law to form a binding contract in your jurisdiction, or (b) have your Parent or Guardian’s consent and supervision as described in Section 3.2, and (c) are not barred from using the Services under applicable law.

Minors; Parent or Guardian Consent

• (a) If you are under thirteen (13) years of age, you may not use the Services unless a Parent or Guardian creates, supervises and manages your account and provides any required consents.
• (b) If you are between thirteen (13) years of age and the age of legal majority in your jurisdiction, you represent that your Parent or Guardian has reviewed and agreed to these Terms and the Privacy Policy and supervises your use of the Services.
• (c) By creating or supervising a Player account for a minor, the Parent or Guardian agrees to these Terms on behalf of the minor and is responsible for the minor’s compliance with these Terms and for all activity under the account.

Account Registration

• (a) To access certain features of the Services, you must register for an account, provide accurate and complete information and keep your account information up to date.
• (b) You are responsible for maintaining the confidentiality of your login credentials and for all activities that occur under your account. You must promptly notify us of any unauthorised use of your account or any other security breach.
• (c) BESEIN reserves the right, in its sole discretion, to refuse registration, suspend or terminate accounts that are, or appear to be, in breach of these Terms or otherwise present risk to the Services, BESEIN, or others.

Professional User and Partner Organisation Accounts

If you are a Professional User or acting on behalf of a Partner Organisation, you represent and warrant that: (a) all information you provide about your role, organisation and accreditations is true and accurate; (b) you will use the Services solely for legitimate scouting, coaching, development and related professional purposes; and (c) you will comply with all applicable laws, including those concerning child protection, data protection and anti-discrimination.

BESEIN does not routinely verify the identity, qualifications, licences or background of Professional Users or Partner Organisations and does not guarantee that any Professional User or Partner Organisation is appropriately qualified, vetted, authorised or insured. Any description of a user as a “Professional User” reflects the account type they selected and, where applicable, limited checks we may perform at our discretion; it is not an endorsement, certification or warranty by BESEIN. Players and Parents or Guardians should make their own enquiries and rely on their own judgment before engaging with any Professional User or accepting any offer, trial, contract or representation.

Use of the Services

Licence to Use the Services

Subject to your compliance with these Terms, BESEIN grants you a limited, revocable, non exclusive, non-transferable, non-sublicensable licence to access and use the Services for your personal, non-commercial use (for Players and Parents or Guardians) or for legitimate internal professional purposes (for Professional Users and Partner Organisations), strictly in accordance with these Terms and any applicable subscription or commercial agreement.

Prohibited Conduct

You agree not to, and not to permit or assist any third party to:

• (a) access or use the Services for any unlawful purpose or in violation of any applicable law, regulation or third-party right;
• (b) upload, post, transmit or otherwise make available any User Content that is unlawful, harmful, defamatory, harassing, hateful, discriminatory, obscene, violent, sexually explicit, exploitative of children or otherwise objectionable;
• (c) use the Services to bully, harass, exploit, groom or attempt to groom any person, including minors, or to engage in any abusive, threatening or inappropriate conduct;
• (d) impersonate any person or entity or misrepresent your affiliation with any person or entity;
• (e) access or search the Services by any means other than our publicly supported interfaces (for example, you may not use “scraping”, spiders, bots or other automated means without our prior written consent);
• (f) interfere with or disrupt the operation of the Services or the servers or networks used to make the Services available, including by introducing viruses, worms, Trojan horses or other malicious code;
• (g) reverse engineer, decompile, disassemble or otherwise attempt to derive the source code, underlying ideas or algorithms of the Services, except to the extent such restriction is prohibited by applicable law;
• (h) copy, modify, create derivative works of, or otherwise exploit the Services or any portion thereof, except as expressly permitted by these Terms;
• (i) use the Services to develop, train or improve a competing product or service or to build an independent database of Player data in breach of these Terms;
• (j) circumvent or attempt to circumvent any security or access control measures; or
• (k) use the Services in any manner that could, as determined by BESEIN, damage, disable, overburden or impair the Services or interfere with any other party’s use of the Services;
• (l) use the Services, including any data, metrics or AI Outputs, to engage in unlawful discrimination or to make decisions based on protected characteristics under applicable law (such as race, colour, ethnic or national origin, religion, sex, gender, disability or similar protected status). Professional Users and Partner Organisations are responsible for ensuring that their recruitment, selection and development decisions comply with applicable equality, anti-discrimination and employment laws.

Safety and Physical Activity

You acknowledge that football (soccer) and related training activities involve inherent physical risks and that you are responsible for ensuring that you, or the Player for whom you are responsible, are medically fit to participate. The Services may provide performance analytics, training suggestions or developmental insights, but they are not a substitute for professional medical advice, fitness evaluation, or in-person coaching. You are solely responsible for ensuring that any training or playing activity undertaken in connection with the Services is appropriate for your or the Player’s health, fitness level and environment.

BESEIN does not supervise, control or direct any on-field or off-field training, matches or physical activities undertaken by Players or organised by Professional Users or Partner Organisations. Any training plans, drills, suggestions or activities are used at your own risk and must always be adapted in light of the Player’s individual health, fitness and circumstances and, where appropriate, medical or specialist advice. Nothing in the Services or these Terms is intended to create a medical, physiotherapy or strength-and-conditioning standard of care for BESEIN.

Players and Parents or Guardians should never ignore medical advice, pain, injury warning signs or professional guidance in order to pursue performance metrics or targets displayed in the Services. Any decision to increase training load, change positions, or attempt new activities remains the responsibility of the Player, Parent or Guardian and their coaches and medical professionals, and must not be based solely on AI Outputs or other data provided by the Services.

Safety, Monitoring and Reporting

BESEIN takes the safety and wellbeing of all users seriously, and recognises that a significant proportion of Players using the Services may be children or young people. While we do not undertake to monitor all activity or communications on the Services, we reserve the right, to the extent permitted by law, to review, monitor, retain and disclose User Content and interactions where we reasonably believe it is necessary to: (a) enforce these Terms; (b) comply with a legal obligation; or (c) protect the safety, rights or vital interests of any person (including minors).

Users must promptly report to BESEIN any User Content or behaviour on the Services that appears to exploit, endanger or otherwise harm a child. Reports may be made using the reporting or contact mechanisms made available within the Services or via the contact details in Section 19. BESEIN may, in its sole discretion, remove content, suspend or terminate accounts, notify relevant Partner Organisations, and/or report concerns to law enforcement or child protection authorities where we reasonably believe there is a risk of harm or unlawful conduct. Nothing in this Section imposes on BESEIN a general obligation to monitor activity on the Services or to seek facts or circumstances indicating unlawful activity.

BESEIN does not routinely monitor private messages between users and cannot guarantee that all inappropriate or harmful communications will be detected before harm occurs. Users, especially Professional Users, Parents or Guardians and Partner Organisations, are responsible for using appropriate judgment and for implementing their own safeguards, supervision and communication policies when interacting with minors.

While BESEIN may review and act on reports in its discretion, nothing in these Terms or any BESEIN policy creates a contractual obligation for BESEIN to take any particular action in response to any report, or to act within any specific timeframe, and BESEIN does not assume any duty of care owed by Professional Users, Partner Organisations, clubs, schools, parents, guardians or other persons responsible for the welfare of Players.

User Content

Ownership of User Content

As between you and BESEIN, you retain all rights that you may have in the User Content you submit or upload to the Services, subject to the rights and licences you grant to BESEIN and others under these Terms.

Licence to BESEIN

• (a) By submitting, uploading or otherwise making User Content available through the Services, you grant to BESEIN a worldwide, non-exclusive, royalty-free, fully paid-up, transferable and sublicensable licence, during the term of these Terms and for any retention period permitted by the Privacy Policy, to use, host, store, reproduce, modify, adapt, translate, create derivative works from (such as technical modifications, format changes and analytical derivatives), distribute, perform, display and otherwise exploit such User Content as reasonably necessary for the purposes of:
  • (i) providing and operating the Services;
  • (ii) generating and delivering AI Outputs and other analytics;
  • (iii) enabling discovery, visibility and evaluation features within the Services in accordance with your account settings and the Privacy Policy;
  • (iv) maintaining, improving and developing the Services, including training and validating BESEIN’s own models; and
  • (v) complying with legal obligations and enforcing our rights.
• (b) To the extent that User Content includes Personal Data, BESEIN’s Processing of such data shall also be governed by the Privacy Policy.

Licence to Other Users

Depending on your account type, settings and the configuration chosen by you or your Partner Organisation, you may allow certain User Content (including Player Media, performance metrics and AI Outputs) to be accessible to Professional Users or Partner Organisations. You hereby grant such authorised users a limited, non-exclusive licence to access and use that User Content solely through the Services and solely for legitimate scouting, coaching, development and related professional purposes, in accordance with these Terms and any applicable contracts between BESEIN and such users.

Your Responsibilities for User Content

You are solely responsible for all User Content you submit or make available through the Services and for the consequences of posting or sharing it. By submitting User Content, you represent and warrant that:

• (a) you own or control all necessary rights in the User Content or otherwise have all necessary rights and permissions to grant the licences and rights granted under these Terms;
• (b) the User Content does not infringe, misappropriate or violate any third-party rights, including copyright, trademark, privacy, publicity or other proprietary rights;
• (c) the User Content complies with these Terms and all applicable laws; and
• (d) where the User Content relates to a minor, you have all rights and permissions necessary as the Parent or Guardian or as a duly authorised representative of a Partner Organisation.

Monitoring and Removal of User Content

BESEIN is not obligated to monitor User Content and does not guarantee the accuracy, integrity or quality of any User Content. However, BESEIN reserves the right, in its sole discretion and without notice, to review, remove, disable access to or modify any User Content that it considers to be in violation of these Terms, the Privacy Policy, applicable law or the rights of any person, or that may otherwise be harmful or objectionable.

Content Authenticity

Users must not upload or submit performance videos or other content that has been materially altered or manipulated so as to misrepresent a Player’s actual performance or physical attributes (for example, deepfakes, speed-altered clips or edited compilations presented as a single continuous sequence). Users must not knowingly misrepresent the level, competition, club, opposition or context of any footage.

BESEIN may, at its discretion, request evidence supporting the authenticity of certain footage or claims (for example, details of the competition, venue or opposition) and may remove or restrict access to content that it reasonably believes to be misleading or in breach of this Section. From time to time, BESEIN may introduce mechanisms to tag, label or watermark certain content that has been subject to additional checks or verification. Any such tags, labels or watermarks are provided for information only and do not constitute a guarantee of authenticity, and may not be applied to all content.

Exported Content and Third-Party Systems

Where the Services allow Professional Users, Partner Organisations or other users to download, export or otherwise copy Player Media or other User Content, you acknowledge that BESEIN cannot control how such copies are stored, secured or used once they leave the Services. To the maximum extent permitted by law, BESEIN is not responsible for any loss, misuse, unauthorised access or disclosure of User Content occurring in your own systems or those of your organisation or service providers. You are solely responsible for implementing appropriate technical and organisational measures to protect any exported User Content in your possession or control and for complying with any applicable data protection and privacy laws.

Intellectual Property Rights

Ownership of the Services

The Services, including all software, code, algorithms, models, visual interfaces, graphics, design, text, documentation, AI Outputs (as they exist independently of User Content), look and feel and all other elements of the Services, are owned by BESEIN or its licensors and are protected by copyright, trademark, trade secret and other intellectual property and proprietary rights laws. Except for the limited licence granted in Section 4.1, no rights are granted to you under these Terms, whether by implication, estoppel or otherwise.

Trademarks

“BESEIN”, the BESEIN logo and all related names, logos, product and service names, designs and slogans are trademarks or service marks of BESEIN or its affiliates. You must not use such marks without our prior written permission. All other names, logos, product and service names, designs and slogans are the trademarks of their respective owners.

Feedback

If you provide BESEIN with any suggestions, ideas, feedback or other information about the Services (“Feedback”), you hereby grant BESEIN a perpetual, irrevocable, worldwide, non- exclusive, royalty-free, fully paid-up, sublicensable and transferable licence to use, copy, modify, create derivative works of and otherwise exploit such Feedback for any purpose, without any obligation to compensate you.

Subscriptions, Fees and Trials

Subscriptions and Fees

Certain features or portions of the Services may require the purchase of a subscription or payment of fees (collectively, “Paid Services”). The applicable subscription tiers, pricing, payment terms and included features are described within the Services or in the applicable ordering documentation and may be updated by BESEIN from time to time in accordance with these Terms and any applicable laws.

Billing and Payment

• (a) By subscribing to or purchasing Paid Services, you authorise BESEIN or its payment processors to charge the applicable fees, taxes and charges to your chosen payment method on a recurring or one-time basis, as specified at the time of purchase.
• (b) You represent and warrant that you have the legal right to use any payment method provided and that the information you provide is accurate and complete.
• (c) All payments are non-refundable except as expressly set out in these Terms or as required by applicable law.

Automatic Renewal

Unless otherwise stated at the time of purchase or prohibited by law, subscriptions to Paid Services will automatically renew at the end of each billing period at the then-current rate, and your chosen payment method will be charged accordingly, until you cancel your subscription through your account settings or by contacting us within the time frame specified in the Services.

Free Trials and Promotional Offers

From time to time, BESEIN may offer free trials, introductory offers or discounted subscription periods. Such offers are subject to these Terms and any additional terms communicated at the time of the offer. Unless you cancel before the end of the trial or promotional period, your subscription may automatically convert to a paid subscription, and your payment method may be charged.

Price Changes

We may change the fees for Paid Services at any time, provided that any such changes will apply only to subsequent billing periods and, where required by law, we will provide you with prior notice and an opportunity to cancel before the new fees take effect.

Third-Party Services and Links

The Services may contain links to, or integrations with, third-party websites, applications, platforms or services, including social media services and tools provided by third-party technology providers (“Third-Party Services”). BESEIN does not control and is not responsible for Third-Party Services, and your use of Third-Party Services is governed by the terms and conditions and privacy policies of the relevant third party.

BESEIN does not endorse, warrant or make any representations regarding any Third-Party Services, and your dealings with any third party in connection with the Services are solely between you and the third party.

AI, Predictive Analysis and No Guarantees

BESEIN’s Services include analytical tools that use artificial intelligence, machine learning and other algorithmic techniques to process Player Media and related performance data. These systems are designed to recognise and interpret football actions and events (for example, passes, runs, shots, sprint efforts, duels and positional movements) and to convert those actions into numerical and categorical performance metrics, aggregates and indices (“AI Outputs”) that can support Player development, comparison and visibility across different levels of competition.

AI Outputs are generated from observable football activity and contextual information relating to play. They do not take into account, and are not designed to take into account, protected characteristics such as race, colour, ethnic or national origin, religion, sex, gender or disability, nor off-field personal attributes unrelated to football performance. The purpose of the AI systems is to quantify and summarise aspects of football performance in numerical or categorical form, not to make determinations about an individual’s character, worth or entitlement to any opportunity.

AI Outputs, including any predictive or comparative views, are inherently probabilistic and approximate. They are intended to provide descriptive and indicative information about patterns in football performance and potential, and not to constitute final decisions or guarantees of future outcomes. BESEIN does not grant or deny contracts, scholarships, selections, trials or any other opportunities based solely on AI Outputs, and any such decisions remain the responsibility of clubs, academies, coaches, scouts and other human decision-makers.

BESEIN aims to design and operate its AI systems in a manner that is consistent with applicable laws and with principles of fairness and non-discrimination. While we cannot guarantee that any AI Output will be free from error, we periodically review model performance and may update or retrain models to address identified issues. If you reasonably believe that an AI Output is inaccurate, unfair or biased, you should contact us using the details provided in the Services. In certain jurisdictions, and where required by law, you may also have the right to request human review of decisions that are based solely on automated Processing and that produce legal or similarly significant effects, as further described in our Privacy Policy.

Term; Suspension and Termination

Term

These Terms commence on the earlier of (a) your first use of the Services, or (b) your acceptance of these Terms, and continue until terminated in accordance with this Section 10.

Your Right to Terminate

You may stop using the Services at any time. You may also terminate your account by following the instructions within the Services or by contacting us. Termination of your account may not automatically entitle you to a refund of any fees paid, except as required by law or as expressly provided in these Terms.

Suspension or Termination by BESEIN

BESEIN may, in its sole discretion and without liability to you, suspend or terminate your access to all or part of the Services, or terminate these Terms, with or without notice, if:

• (a) you breach these Terms, the Privacy Policy or any other applicable agreement with BESEIN;
• (b) we reasonably believe your use of the Services may cause harm or risk to the Services, BESEIN, other users or the public;
• (c) we are required to do so by law, court order or at the request of a governmental or regulatory authority; or
• (d) we decide to discontinue the Services, in whole or in part.

Effect of Termination

• (a) Upon termination for any reason: (i) your right to use the Services will immediately cease; (ii) we may delete or disable access to your account and User Content, subject to any retention obligations under the Privacy Policy; and (iii) any provisions of these Terms that by their nature should survive termination (including, without limitation, Sections 5.2–5.7, 6, 8–13, 15–18) shall survive.
• (b) Termination shall be without prejudice to any rights or remedies that BESEIN may have accrued prior to termination.

Disclaimers

To the maximum extent permitted by applicable law, the Services, including all content, AI Outputs, features and functionality, are provided on an “as is” and “as available” basis, without warranties of any kind, whether express, implied or statutory.

Without limiting the foregoing, and to the maximum extent permitted by law, BESEIN expressly disclaims all warranties of merchantability, fitness for a particular purpose, title, quiet enjoyment, accuracy and non-infringement, and all warranties arising from course of dealing or usage of trade.

BESEIN does not warrant that the Services will be uninterrupted, secure or free of errors, defects, viruses or other harmful components, or that any AI Outputs or other results obtained from use of the Services will be accurate, complete or reliable.

BESEIN does not control, endorse or assume responsibility for any User Content or for any actions or omissions of Players, Parents or Guardians, Professional Users, Partner Organisations or other third parties. Your interactions with other users and third parties are solely between you and them.

Nothing in the Services constitutes professional medical, legal, financial or other professional advice. You should seek appropriate professional advice before making any decisions that could impact your or a Player’s health, safety, education, career or finances.

Limitation of Liability

To the maximum extent permitted by applicable law, in no event shall BESEIN, its affiliates, directors, officers, employees, contractors, agents or licensors be liable for any:

• (a) indirect, incidental, special, consequential, exemplary or punitive damages;
• (b) loss of profits, revenue, business, goodwill, opportunity or anticipated savings;
• (c) loss, corruption or unauthorised access of data; or
• (d) personal injury or property damage arising from or related to participation in sports or training activities,

in each case arising out of or in connection with these Terms or the use of, or inability to use, the Services, whether based on warranty, contract, tort (including negligence), strict liability or any other legal theory, even if BESEIN has been advised of the possibility of such damages.

To the maximum extent permitted by applicable law, BESEIN’s total aggregate liability arising out of or in connection with these Terms or the use of, or inability to use, the Services shall not exceed the greater of: (a) the total amount of fees you paid to BESEIN for the Services giving rise to the claim during the twelve (12) months immediately preceding the event giving rise to the claim; or (b) one hundred US dollars (USD 100).

Nothing in these Terms shall limit or exclude any liability that cannot be limited or excluded under applicable law, including liability for death or personal injury caused by negligence in jurisdictions where such limitations are not permitted.

Indemnification

You agree to indemnify, defend (at BESEIN’s option) and hold harmless BESEIN, its affiliates, directors, officers, employees, contractors, agents and licensors from and against any and all claims, demands, actions, proceedings, damages, losses, liabilities, costs and expenses (including reasonable attorneys’ fees) arising out of or in connection with:

• (a) your use or misuse of the Services;
• (b) your User Content;
• (c) your violation of these Terms, the Privacy Policy or any applicable law or regulation;
• (d) your violation of any rights of a third party, including any intellectual property, privacy or publicity rights; or
• (e) any claim relating to your interactions with other users or third parties through the Services.

BESEIN reserves the right, at your expense, to assume the exclusive defence and control of any matter subject to indemnification by you, and you agree to cooperate with BESEIN’s defence of such claims.

Changes to the Services and Terms

Changes to the Services

BESEIN may modify, suspend or discontinue all or any part of the Services at any time, with or without notice, provided that, where required by law or where changes materially affect Paid Services, BESEIN will use reasonable efforts to provide advance notice.

Changes to the Terms

We may revise these Terms from time to time. When we make material changes, we will update the “Effective Date” at the top of these Terms and, where required by law or as we deem appropriate, provide additional notice (such as in-Service notifications or email).

Your continued use of the Services after the updated Terms become effective constitutes your acceptance of the updated Terms. If you do not agree to the updated Terms, you must discontinue use of the Services.

Governing Law

Subject to any mandatory provisions of applicable data protection or consumer law, these Terms and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with them or their subject matter or formation shall be governed by and construed in accordance with the laws of the State of Delaware, United States of America, without giving effect to any choice or conflict of law provision or rule. Nothing in these Terms limits any mandatory rights you may have under the consumer protection or data protection laws of your country of habitual residence, which may provide you with additional remedies.

Dispute Resolution; Arbitration; Class Action Waiver

Important – Please read this section carefully. It affects your legal rights.

Application

This Section 16 applies to the maximum extent permitted by applicable law. It does not apply where prohibited by law, including in certain jurisdictions outside the United States, and is not intended to deprive consumers of any non-waivable statutory rights or to prevent consumers in the European Economic Area, the United Kingdom or other jurisdictions with similar protections from bringing claims before the courts of their place of habitual residence where such rights cannot be waived by contract.

Informal Resolution

Before commencing formal proceedings, you agree to first contact BESEIN and attempt to resolve the dispute informally. We will likewise attempt informal resolution. If the dispute is not resolved within thirty (30) days of your initial contact, either party may initiate formal proceedings consistent with this Section 16.

Binding Arbitration (US Users)

If you reside in the United States, any dispute, claim or controversy arising out of or relating to these Terms or the Services that is not resolved informally shall be resolved exclusively by binding arbitration administered by the American Arbitration Association (“AAA”) under its Commercial Arbitration Rules and Supplementary Procedures for Consumer-Related Disputes (as applicable), except that either party may bring an individual action in small claims court where jurisdiction and venue are proper.

The arbitration shall be conducted by a single arbitrator, in English, and shall take place in [New Castle County, Delaware], unless the parties agree otherwise or the arbitrator determines that a virtual or documents-only process is appropriate. The arbitrator’s decision shall be final and binding, and judgment on the award may be entered in any court of competent jurisdiction.

Class Action Waiver

To the fullest extent permitted by law, you and BESEIN agree that all claims will be brought in your and BESEIN’s individual capacities only, and not as a plaintiff or class member in any purported class, collective or representative proceeding. Unless both you and BESEIN agree otherwise in writing, the arbitrator may not consolidate more than one person’s claims and may not preside over any form of a class, collective or representative proceeding.

Opt-Out

If you are a new user, you may opt out of the arbitration and class action waiver provisions by sending written notice of your decision to opt out to the postal address in Section 19 within thirty (30) days of first accepting these Terms. Your notice must include your full name, the email address associated with your account and a clear statement that you wish to opt out of arbitration. If you opt out, or if this Section 16 is found to be unenforceable in whole or in part, disputes shall be resolved in the courts specified in Section 17.

Nothing in this Section 16 shall limit either party’s right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent or stop an actual or threatened infringement, misappropriation or violation of intellectual property rights or confidentiality obligations.

Venue and Jurisdiction

Subject to Section 16, you and BESEIN agree that any legal suit, action or proceeding arising out of or related to these Terms or the Services shall be instituted exclusively in the state or federal courts located in the State of Delaware, United States of America, and you consent to the personal jurisdiction and venue of such courts.

Miscellaneous

Entire Agreement

These Terms, together with the Privacy Policy and any additional terms or policies referenced herein, constitute the entire agreement between you and BESEIN with respect to the subject matter hereof and supersede all prior or contemporaneous understandings, agreements, representations and warranties, whether written or oral.

Severability

If any provision of these Terms is held to be invalid, illegal or unenforceable, that provision shall be enforced to the maximum extent permissible, and the remaining provisions of these Terms will remain in full force and effect.

No Waiver

No waiver by BESEIN of any term or condition set out in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of BESEIN to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.

Assignment

You may not assign or transfer these Terms, or any rights or obligations under them, by operation of law or otherwise, without BESEIN’s prior written consent. BESEIN may freely assign or transfer these Terms, in whole or in part, without restriction.

Force Majeure

BESEIN shall not be liable for any failure or delay in performance to the extent caused by circumstances beyond its reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, riots, labour disputes, government actions, pandemic, epidemic or failures of telecommunications or internet service providers.

Notices

We may provide notices to you via email, in-Service notifications or by posting updates within the Services. You are responsible for keeping your contact information up to date. Notices to BESEIN must be sent in writing to the postal or email address set out in the Contact Information section below.

Accessibility

BESEIN is committed to improving the accessibility and usability of the Services over time and aims to align with recognised accessibility principles and standards, such as the Web Content Accessibility Guidelines (WCAG), where reasonably practicable. We welcome feedback from users regarding accessibility and will consider such feedback in our ongoing development. Nothing in this Section shall be construed as a guarantee that the Services are fully compliant with any specific accessibility standard at all times.

Contact Information

If you have any questions about these Terms or the Services, please contact us at:

BESEIN Technologies LLC

Email: play@beseinsports.com

Website: https://beseinsports.com

Where required by applicable law, we may appoint a Data Protection Officer, EU representative, UK representative or other designated contact. Details of any such appointment will be made available in an appropriate notice or supplement and, where applicable, on our website.