1. Introduction
These Terms of Service govern access to and use of the EngagingSport platform, website and related services. They form an agreement between EngagingSport and the football club, sponsor or other organisation that enters into a commercial agreement with us, together with its authorised users.
EngagingSport provides sponsorship management and engagement software designed to help football clubs and their commercial partners manage relationships, agreements, benefits, reporting, communications and related commercial activity.
2. Using the platform
Users must provide accurate, current information and use the platform only for lawful, authorised business purposes. Each organisation is responsible for deciding who may access its account and for assigning permissions appropriate to each user’s role.
You must not misuse the platform, interfere with its security or operation, attempt to gain unauthorised access, introduce harmful code, or use the platform in a way that infringes another person’s rights or applicable law.
3. Club responsibilities
Clubs are responsible for the accuracy of sponsorship information entered into the platform; managing user permissions; obtaining any required consent or other lawful basis for information they upload or share; ensuring uploaded information is lawful; and maintaining accurate sponsor, package and contract information.
Clubs remain responsible for their relationships and agreements with sponsors. EngagingSport provides technology to support these relationships but does not act as a party to sponsorship agreements between clubs and sponsors.
4. Sponsor responsibilities
Sponsors are responsible for maintaining accurate account and contact information, using the platform appropriately, keeping contract-related information current where they are authorised to do so, and ensuring access is limited to authorised users.
Sponsors should raise questions about commercial terms, deliverables or underlying sponsorship agreements directly with the relevant club unless EngagingSport has expressly agreed otherwise in writing.
5. Subscription and payments
Subscription fees, billing arrangements, payment terms, renewal arrangements and any applicable cancellation rights are set out in the relevant order form, proposal or commercial agreement. Customers must pay fees when due and remain responsible for applicable taxes unless stated otherwise.
Unless the relevant agreement states otherwise, subscriptions may renew for further periods. We may suspend or restrict access where fees remain unpaid after notice, subject to the terms of the applicable commercial agreement. Following cancellation or expiry, access to the service may end and data handling will be managed in accordance with the agreement and applicable law.
6. Intellectual property
EngagingSport and its licensors own the platform technology, software, designs, documentation and related intellectual property rights. Subject to these terms and the relevant agreement, customers receive a limited, non-exclusive, non-transferable right for authorised users to access the platform during the subscription period.
Users retain ownership of their uploaded data. You must not copy, modify, reverse engineer, decompile, create derivative works from or otherwise attempt to extract the source code of the platform except where applicable law does not permit such restrictions.
7. Service availability
We use reasonable efforts to maintain a reliable service and continuously improve the platform. However, access may occasionally be interrupted for maintenance, upgrades, security work, technical issues or circumstances beyond our reasonable control. We do not guarantee uninterrupted or error-free availability unless expressly stated in a written service level agreement.
8. Limitation of liability
Nothing in these terms excludes or limits liability that cannot be excluded or limited by law. Subject to that, EngagingSport is not liable for indirect, consequential, special or punitive losses, including lost profits, lost revenue, loss of goodwill or loss of anticipated savings.
To the maximum extent permitted by law, EngagingSport’s total liability arising from or related to the platform will not exceed the fees paid or payable by the relevant customer for the service in the twelve months preceding the event giving rise to the claim. The parties may agree different limits in a signed commercial agreement.
9. Termination
Either party may terminate in accordance with the applicable commercial agreement. We may suspend or terminate access where there is a material breach of these terms, a security risk, unlawful use or non-payment, subject to any notice requirements in the relevant agreement.
Termination does not remove obligations that have accrued before termination. Data handling following termination will be governed by the applicable agreement, our retention practices and legal obligations.
10. Governing law
These terms and any dispute arising from them are governed by the laws of England and Wales. The courts of England and Wales will have exclusive jurisdiction, except where applicable law requires otherwise.