Terms of Use
By using the mobilesocceracademy.com website (“Website”) and the services provided on, from or through the Website (collectively the “Service”) or by registering as a user of the Service, you accept the following terms of use (the “Agreement” or the “Terms”).
The Service is made available by Mobile Soccer Academy Oy (MSA), a company registered in Finland (business ID 2360758-5). These Terms constitute a binding agreement between you and MSA. A description of the Service and information on system requirements, functionalities and interoperability of the Service are available on the Website.
These Terms shall also apply to your use and installation of any possible applications or software relating to the Service, which may be downloaded by you from the Website or from third-party partner websites or platforms. Additional terms and conditions may apply to your use and installation of the applications.
Using the Service is governed also by our Privacy Policy, which is incorporated into these Terms by this reference. In the event of inconsistency between these Terms and the Privacy Policy, these Terms shall prevail.
1. REGISTRATION
In order to access the Service, you will have to register to the Service and purchase a subscription to the Service (“Subscription”). When registering to the Service, you must provide such registration and other information to MSA as requested by MSA from time to time. If you register as a company, association or any other legal entity you confirm that such entity and each person using the Subscription of such entity accepts these Terms.
BY REGISTERING A COMPANY OR OTHER LEGAL ENTITY, THE REPRESENTATIVE REGISTERING THE COMPANY PERSONALLY REPRESENTS AND WARRANTS THAT THE SUBMITTED INFORMATION IS TRUE, ACCURATE AND COMPLETE AND THAT THE PERSON REGISTERING A LEGAL ENTITY IS AUTHORISED TO BIND THE ENTITY INTO THIS AGREEMENT.
If you register as a private person, by agreeing to these Terms, you confirm that you are at least 18 years old or that you are at least 13 years old and have the legal capacity to accept and be bound by these Terms and/or have obtained your legal guardian’s consent where necessary. Any access to or use of the Service by anyone under 13 is expressly prohibited. You also warrant that any registration information that you submit to us is true, accurate and complete.
It is your responsibility to keep your user name and password used for registering to the Service confidential. The user name and password are personal and may not be transferred or disclosed to any third party. You undertake to notify MSA immediately of any known or suspected unauthorised disclosure or use of your user name and password. Until receipt of such notification by MSA, you are responsible for all use of your user account.
2. USE OF SERVICE
MSA hereby grants to you a personal, revocable, limited, non-exclusive and non-transferable right to use the Service during the term of this Agreement, subject to and limited by the type of your Subscription. All Intellectual Property Rights in and to the Service are and shall at all times remain the sole and exclusive property of MSA and/or any relevant third parties. Nothing in this
Agreement shall constitute a transfer of any Intellectual Property Rights of MSA or any third party to you. All rights not expressly granted to you herein shall be retained by MSA. For the purposes of this Agreement “Intellectual Property Rights” shall mean copyrights and other similar rights and related rights (including database and catalogue rights), patents, utility models, trademarks, trade secrets, know-how and any other form of registered or unregistered intellectual property rights as well as any applications for any of the foregoing.
You understand that MSA is continuously developing the features and the functionality of the Service. MSA may, from time to time, under its sole discretion, modify and update the Service or a part thereof and may cease to provide the Service in whole or in part. The Service may also be temporarily unavailable for maintenance or other reasons.
You agree to use the Service only pursuant to these Terms and in compliance with any and all applicable laws and regulations, and not to reproduce, modify, translate, distribute, sublicense, or create derivative works based on, the Service. You also agree not to
a) reverse engineer, decompile, hack or disassemble the Service, except as expressly permitted by law;
b) access the Service through any technology or means other than the Website or other means explicitly authorized by MSA from time to time;
c) engage in any illegal or unauthorized conduct on or through the Service.
You agree to comply with all applicable export control laws and regulations in the US and elsewhere.
You are responsible for obtaining the equipment, connections and software required for using the Service. If changes in the Service made by MSA require changes in your equipment, connections or software, you are responsible for making such changes at your own expense.
3. PAYMENT SERVICE PROVIDER
Stripe, Inc. (www.stripe.com) is the provider of the payment brokerage service and the payment service provider.
4. FEES AND PAYMENT
The fees applicable to using the Service are made available at the Website. Fees may vary in different territories and for different customers and Subscriptions.
By purchasing a Subscription, you authorize us to charge you a recurring subscription fee either through automatically billing your credit card or against invoice issued by MSA as described on the Website. The subscription fee will be billed at the beginning of the agreed billing period of your Subscription and each billing period thereafter unless and until you cancel your Subscription. The cancellation will take effect on the day after the last day of the current billing period. We will not refund any subscription fees already paid to us.
MSA may change the fees charged for the Subscriptions from time to time and will notify such changes to you in advance. By continuing to use the Service after such price change, you accept the amended subscription fees.
5. NO WARRANTY
THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE” AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW MSA MAKES NO WARRANTY OR REPRESENTATION, EXPRESS OR IMPLIED WITH RESPECT TO THE SERVICE, AND DISCLAIMS ALL RESPONSIBILITY AND LIABILITY FOR ITS QUALITY, PERFORMANCE, ACCURACY, AVAILABILITY, MERCHANTABILITY, SECURITY, RELIABILITY, OR FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. MOREOVER, YOU AGREE THAT WE DO NOT HAVE RESPONSIBILITY OR LIABILITY FOR THE DELETION OF, OR THE FAILURE TO STORE OR TO TRANSMIT, ANY MATERIAL OR CONTENT AND OTHER COMMUNICATIONS
MAINTAINED IN THE SERVICE. WE MAKE NO WARRANTY THAT THE SERVICE WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM THE SERVICE OR OUR REPRESENTATIVES, WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
DEPENDING ON YOUR COUNTRY OF DOMICILE, THIS SECTION MAY NOT APPLY TO YOU. THIS SECTION DOES NOT LIMIT MSA’S STATUTORY LIABILITY FOR DEFECTS IN THE SERVICE OR DELAYS IN DELIVERING THE SERVICE OR YOUR STATUTORY REMEDIES FOR SUCH DEFECTS OR DELAYS UNDER ANY APPLICABLE MANDATORY CONSUMER PROTECTION LAWS.
6. LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL MSA OR ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS OR LICENSORS BE LIABLE TO YOU OR ANY THIRD PARTY IN CONTRACT, TORT OR ANY OTHER LEGAL THEORY FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, ARISING OUT OF THE USE OF OR INABILITY TO USE THE SERVICE, WHETHER OR NOT MSA KNEW OF OR OUGHT TO HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES.
DEPENDING ON YOUR COUNTRY OF DOMICILE, THIS SECTION MAY NOT APPLY TO YOU. THIS SECTION DOES NOT LIMIT YOUR STATUTORY RIGHTS AS A CONSUMER TO CLAIM DAMAGES FOR DEFECTS IN THE SERVICE OR DELAYS IN DELIVERING THE SERVICE UNDER ANY APPLICABLE MANDATORY CONSUMER PROTECTION LAWS.
7. TERM AND TERMINATION
These terms and conditions come into effect when you accept them and they are in force until further notice.
MSA may terminate this Agreement at any time with a one month prior notice. You may cancel your Subscription at any time, and you will continue to have access to the Subscription through the end of your billing period whereupon the Agreement will be terminated. You will not be refunded any payments you have made prior to termination for the use of Service.
For consumers in the EU: By purchasing a Subscription, you give your consent to the immediate digital delivery of the Service to you by MSA. Upon being granted access to the Service you lose your right as a consumer to withdraw from the Agreement within 14 days and therefore your purchase of a Subscription cannot be withdrawn by you.
8. COPYRIGHT INFRINGEMENT
We respect the intellectual property rights of others. We will respond expeditiously to claims of copyright infringement using guidelines and procedures set forth in Section 512 of the Digital Millennium Copyright Act of 1998 (“DMCA”). If you see any material on the Service that in your good faith belief may infringe someone’s copyright, you may notify us by e-mailing us at [email protected] and by inserting “Copyright” in the subject line. In order for it to be effective, your notice, also known as a takedown notice, must include the following information: (i) the identity of the original copyrighted work that you claim is infringed or – if your notice covers multiple copyrighted works – you may provide a representative list of the copyrighted works that you claim have been infringed; (ii) a sufficiently detailed description of the content on the Service that you claim infringes the copyrighted work; (iii) your contact information, including your full name, mailing address, telephone number, and email address, if available; (iv) a statement that you believe in good faith that the use of the allegedly infringing content on the Service is not authorized by the copyright owner, its agent, or the law; and (v) this statement: “I swear, under penalty of perjury, that the information in this notification and complaint is accurate and that I am the copyright owner, or am authorized to act on behalf of the copyright owner of an exclusive right that is infringed”; and (vi) a physical or electronic signature of the copyright holder or a person authorized to act on their behalf.
9. MISCELLANEOUS
(i) Links to Third Party Websites
The Service may contain links to websites owned and/or operated by third parties. Such links are provided for informational purposes only. We are not responsible for any such third-party and do not have control over any materials made available therein. Our inclusion of a link to a third-party website does not in any way imply our endorsement, advertising, or promotion of such websites or any materials made available therein. By accessing a third-party website you accept that we do not exercise any control over such websites. We have no responsibility for such third-party websites. We encourage you to familiarize yourself with the terms of service applicable to any third-party website you may access.
(ii) Governing Law and Dispute Resolution
Unless otherwise required by a mandatory law, this Agreement shall be governed by and construed in accordance with the laws of Finland, without reference to its conflict of laws or private international law provisions. If you are a consumer domiciled in the EU, please note that you cannot be deprived of the rights granted to you by the mandatory consumer protection laws of your country of domicile. All disputes that cannot be solved amicably shall be settled by the district court of Helsinki, Finland, unless otherwise stipulated by mandatory law. As a Finnish consumer, you may always initiate proceedings in the court of your domicile or refer a dispute to the Finnish Consumer Disputes Board (please see kuluttajariita.fi for instructions).
(iii) Force Majeure
A party shall not be deemed to be in breach of this Agreement as long as its failure to perform any of its obligations hereunder is caused solely by labour disturbance, fire, act of war or nature, information network or telecommunication network malfunction, government order or any other, similar cause beyond the party’s reasonable control. If such event persists for over one (1) month, a party may terminate this Agreement immediately upon written notice to the other party.
(iv) Assignment
Unless expressly agreed otherwise herein, neither this Agreement nor any interest hereunder shall be assignable by either party without the prior written consent of the other party. Notwithstanding the foregoing, MSA shall be entitled to assign and transfer this Agreement as a part of a sale of its business operations pertaining to this Agreement or a part thereof.
(v) Amendments
MSA reserves the right to change the Terms of this Agreement from time to time in its sole discretion in which case the revised Terms will be notified to you by posting them on the Website. If you are an existing user of the Service, by continuing to use this Service following such changes you agree to be bound by the amended Agreement after a period of one (1) month from the date of notice.
(vi) Entire Agreement
These Terms, any applicable additional terms included in the Service, and any documents expressly incorporated by reference herein (including MSA Privacy Policy), contain the entire understanding of you and MSA, and supersede all prior understandings of the parties hereto relating to the subject matter hereof.
(vii) Waiver and Severability
Our failure to exercise any rights under these Terms shall not constitute or be deemed a waiver or forfeiture of such rights or a waiver or forfeiture of such rights in the future. If any term or provision of this Agreement is held to be illegal or unenforceable, the validity of the remainder of this Agreement shall not be affected.
(viii) Contact information
Should you have any questions or complaints, you may contact MSA at [email protected]
Last updated: 28.11.2023