General terms and conditions {GTC)

This agreement governs the relationship between the company
ScoutingPal SRL (hereinafter referred to Operator) 
Headquarters: Baia Mare, str. Valea Rosie nr. 61, Maramures, Romania, 431145

and the account owner (hereinafter referred to as User) regarding the use and operation of ScoutingPal (hereinafter referred as to Software). A User is any natural person or legal entity who has registered for the above-mentioned Software and created an account on the website www.scoutingpal.com
Recognition of the GTC
With the registration on scoutpad.de and the associated service the User agrees with the GTC.

Modifications
The operator reserves the right to modify these GTC and other conditions. The operator will only apply these changes for valid reasons, in particular due to new technical developments, changes in the jurisdiction or other equivalent reasons. Fundamental changes will be communicated prior to the effective date. By continuing to use the Software after the amended GTC, the User agrees to these.

Subject of the agreement
The Operator provides software-as-a-service (Saas) services for ifs use via the internet. The subject matter of the agreement is the provision of Software for use via the internet on app.scoutingpal.com and the storage of user data. Due to the details of the respective offer, reference is made to the product description on the website.

Registration
During registration process on scoutingpal.com, the User creates a personal account consisting of an E-Mail address and password chosen by him during the process. These access data must not be passed on. The User is responsible for their safe storage. Registration under false names and surnames, false addresses and fictitious E-Mail accounts is not permitted. In case of obviously fictitious information, the Operator reserves the right to delete the account.

Subscription
The Service is billed on a subscription basis (“Subscription(s)”). You will be billed in advance on a recurring and periodic basis (“Billing Cycle”). Billing cycles is set to a monthly basis or a 30 days period or a yearly period which is 365 days. 

At the end of each Billing Cycle, your Subscription will automatically renew unless you cancel it or ScoutingPal cancels it. You may cancel your Subscription renewal directly in your online account management page. 
A valid payment method, including credit card, is required to process the payment for your subscription.
All payments are securely processed by Stripe. In the Checkout page you can read Stripe`s terms and policy:
https://stripe.com/billing
https://stripe.com/legal/ssa
https://stripe.com/privacy

You shall provide Stripe with accurate and complete billing information including full name, address, state, zip code, telephone number, and a valid payment method information. By submitting such payment information, you automatically authorize Stripe to charge all Subscription fees incurred through your account to any such payment instruments.
If you wish to purchase any product or service made available through Service (“Purchase”), you may be asked to supply certain information relevant to your Purchase including, without limitation, your credit card number, the expiration date of your credit card, your billing address, and your shipping information.
You represent and warrant that: (i) you have the legal right to use any credit card(s) or other payment method(s) in connection with any Purchase; and that (ii) the information you supply to us is true, correct and complete.
We use a third party services for the purpose of facilitating payment and the completion of Purchases. By submitting your information, you grant us the right to provide the information to these third parties subject to our Privacy Policy.
We reserve the right to refuse or cancel your order at any time for reasons including but not limited to: product or service availability, errors in the description or price of the product or service, error in your order or other reasons.
We reserve the right to refuse or cancel your order if fraud or an unauthorized or illegal transaction is suspected.

Contests  and Promotions
Any contests, sweepstakes, or other promotions (collectively, “Promotions”) made available through the Service may be governed by rules that are separate from these Terms of Service. All Promotions, unless otherwise stated, are granted for a maximum duration of one year and shall expire upon any subsequent subscription renewal. If you participate in any Promotions, please review the applicable rules as well as our Privacy Policy. Should there be any conflict between the rules for a Promotion and these Terms of Service, the rules specific to the Promotion shall prevail.

Fee Changes
ScoutingPal, in its sole discretion and at any time, may modify Subscription fees for the Subscriptions. Any Subscription fee change will become effective at the end of the then-current Billing Cycle.
ScoutingPal will provide you with a reasonable prior notice of any change in Subscription fees to give you an opportunity to terminate your Subscription before such change becomes effective.
Your continued use of Service after Subscription fee change comes into effect constitutes your agreement to pay the modified Subscription fee amount.

Cancel the subscription
You can cancel the subscription from your personal account in the Billing or Subscription page.  

Refunds
You can ask for a full refund by sending us an e-mail at contact@scoutingpal.com during 30 days after your purchase. We will give a full refund guaranteed without any reasons asked. 

User Management
The User can manage and supplement his data in the user management section of his account at any time. If required, the user can permanently delete his account and the associated data under "My Account". 

User Conduct & Prohibited Activities
The User agrees to use the Software only for lawful purposes and in accordance with these Terms. The following activities are strictly prohibited:

• Copying, modifying, distributing, or reselling the Software or any part of it without prior written consent from the Operator.
• Attempting to gain unauthorized access to the Software, user accounts, or related systems.
• Scraping, mining, or harvesting data from the Software without permission.
• Using the Software in any manner that could interfere with its normal operation, including excessive API requests or automated bots.
• Uploading or sharing content that is illegal, harmful, or violates the rights of others, including copyrighted material without authorization.

The Operator reserves the right to suspend or terminate any account that engages in prohibited activities without prior notice.

Remuneration
The User undertakes to pay the Operator for the provision of Software and Data­ Hosting the agreed monthly/annual fee. The applicable fees shall be agreed in the respective contract. Payment is made automatically on the direct debit or credit card details stored when the contract is concluded. The corresponding invoice is made available in the User account in the Billing page which is operated by Stripe, our third party provider. 

Termination
The contract is concluded for an indefinite period of time. The User is solely responsible for properly cancelling his account. An email or phone request to cancel an account is not considered cancellation. The User may terminate his/her user account at any time at the end of the respective subscription period by clicking on the "Cancel Subscription" button in the Billing page in My Account menu. The right of each contraction party to terminate the contract without notice for good cause remains unaffected. The Operator shall be entitled to terminate the contract without notice, in particular if the User fails to make any due payments or violates the contractual provisions on the use of the Software. In any case, termination without notice requires that the other party is warned in writing and requested to remedy the alleged cause for termination without notice within a reasonable period of time. The Operator, in its sole discretion, has the right to suspend or terminate an account and refuse any and all current or future use of the Software for any reason at any time. Such termination will result in the deactivation or deletion of the account or the access to the account, and the forfeiture and relinquishment of all content in the account.
The Operator reserves the right to refuse service to anyone for any reason at any time. In this case, the Operator will reimburse the subscription fee paid by the User proportionally, calculated according to the remaining time of the subscription period. 

Payment methods
In principle, the following payment options are available:

Credit Card I Direct Debit
The payment methods credit card and direct debit (SEPA) are processed in cooperation with Stripe Payments Europe, Ltd., c/o A&I Goodbody, lfsc, North Wall Quay, Dublin 1, Ireland (hereinafter referred to as "Stripe") in accordance with the Stripe Terms of Use to which the Operator assigns its payment claim. Stripe collects the invoice amount from the specified credit card or bank account. In the event of assignment, payment can only be made to Stripe with discharging effect. The credit card will be debited immediately after the license booking has been sent. The Operator also remains responsible for general customer enquiries, e.g. regarding the product, complaints, declarations of revocation or credit notes, when selecting the payment method credit card or direct debit via Stripe.

Apple Pay
The prerequisite condition for the Apple Pay payment method is the use of the Safari browser on the User's iPhone, iPad or Mac (and a corresponding Apple account as well as a payment method approved for this). The User may use Apple Pay as a payment method when booking a subscription; this payment method appears automatically depending on the user`s browser or device and it`s operated through Stripe.

Google Pay
For Users with a current version of the Android operating system on their end device Google Pay is available as a payment method (prerequisite condition is a Google account and a payment method approved for this). The User may use Google Pay as a payment method when booking a subscription; this payment method appears automatically depending on the user`s browser or device and it`s operated through Stripe.

Fees incurred by the Operator as a result of a chargeback, refusal of a payment or opening of a dispute may be charged to the User. The User can contact the customer support in advance for questions about a payment.

Supply of the Service
The Service is provided on an ongoing basis every day of the week, 24 hours a day, except where the Service is suspended due to unforeseen technical problems and/or planned maintenance.
ScoutingPalmay suspend the Service or the access to the restricted area of the Platform in case of system maintenance which would otherwise not be possible. In this case, however, ScoutingPalshall provide the Customer with written notice by e-mail in advance for planned suspensions. The supply of the Service or access to the restricted area of the Platform will be restored within approximately 24 hours of the suspension, except in cases of force majeure preventing the estimated restoration. For unforeseen technical problems, ScoutingPal shall inform the Customer and solve the problem as soon as possible.

Privacy
The contracting parties undertake to maintain strictest secrecy about all confidential transactions, in particular business and trade secrets, which come to their knowledge in the course of the preparation, execution and performance of the contract and to neither pass them on or exploit them in any other way, insofar as they are neither obvious nor generally accessible.

GDPR Compliance
ScoutingPal SRL operates in compliance with the General Data Protection Regulation (GDPR). As no user-uploaded personal data is processed, ScoutingPal only collects necessary usage data to improve the service and enhance user experience. The Operator does not share or sell any data to third parties except for essential payment processing services. Users may contact us at contact@scoutingpal.com for any data-related inquiries, including access, rectification, or deletion requests in accordance with GDPR regulations.

Data security
In order to protect the User, all communication with the Software is encrypted using the HTTPS protocol. The Operator shall take appropriate technical and organisational measures to protect User data and to prevent unauthorised third parties from accessing the User's data.

Data Usage
Users do not upload or input any personal data into the Software. ScoutingPal solely provides access to an existing football player database. The Operator reserves the right to analyze usage patterns and collected data for product improvements, analytics, and service optimization. No personally identifiable information is stored, shared, or used for marketing purposes without explicit consent.

Warranty
The Operator warrants the functionality and operational readiness of the Software and ensures that the stored data is retrievable within the limits of technical possibilities.
Operating time
The systems hosted by the Operator are available to the User between 00.00 and 24.00 hours daily except for the maintenance windows.

Availability
The Operator guarantees an annual average availability of the systems of at least 97%, including maintenance work. Availability is determined on an annual basis. Short-term failures of availability of less than ten minutes' duration shall be disregarded when determining availability, as shall non­ availability due to a server restart. Faults and disruption due to force majeure and/or circumstances beyond the control of matchmetrics shall likewise be disregarded when determining availability.

Maintenance work
In the case of serious faults, maintenance is carried out within 12 hours of knowledge or information from the User. The Operator will inform the User in good time about maintenance work and carry out the work based on the technical conditions in the shortest possible time.

Further development
The Operator reserves the right to further develop the Software on an ongoing basis, which necessarily includes an always possible change in the functionality of the Software. If the further development causes a restriction or -in a very rare exceptional case- the abandonment of an existing function, the Operator will inform the User. Due to the dynamic technical development, future changes are not foreseeable. Accordingly, despite observance of the recommendations and measures given, no warranty can be assumed.

Force majeure
For technical reasons that cannot be influenced by the Operator, the Software may fail. In case of force majeure, the Operator is not obliged to maintain the possibilities of use. In this case, the Operator guarantees to do everything in his power to restore the availability as soon as possible.

Arbitration Clause
In the event of any dispute arising from or relating to these Terms and Conditions, the parties agree to attempt to resolve the matter amicably. If a resolution cannot be reached within 30 days, the dispute shall be settled through arbitration under the rules of a recognized arbitration institution in Romania. The arbitration decision shall be final and binding. If arbitration does not lead to resolution, the dispute will be subject to the jurisdiction of Romanian courts.

Liability
The Operator declines any liability for damages resulting from the use of the Software. The Operator is not liable for obtaining knowledge of personal user data by third parties (e.g. through unauthorized access to the database by hackers). Likewise, the Operator cannot be held liable for any misuse of data and information by third parties which the Users themselves have made available to third parties.

Third party claims
The User undertakes to indemnify the Operator from all claims of third parties, which are based on the data stored by him and to reimburse the Operator for the costs incurred by him because of possible legal infringements.

Suspicion of illegality
The Operator is entitled to block the account immediately if there is a reasonable suspicion that the stored data is illegal and/or infringes the rights of third parties. A well-founded suspicion of unlawfulness and/or infringement of rights exists in particular if courts, authorities and/or other third parties inform the Operator of this fact. The Operator has to inform the User of the removal and the reason immediately. The lock shall be lifted as soon as the suspicion is revoked.

Claims for damages
Claims for damages against the Operator are excluded irrespective of the legal basis, unless the Operator, his legal representatives or vicarious agents have acted intentionally or grossly negligently. The Operator shall only be liable for slight negligence if the Operator, his legal representatives or executives or vicarious agents have violated a contractual obligation essential for the achievement of the contractual purpose, as well as in the case of damages resulting from injury to life, limb or health. The Operator is only liable for foreseeable damages, with their occurrence typically not insofar as the damage is based on the fact that the User has failed to carry out backups and thereby ensure that lost data can be recovered with justifiable effort.

Disclaimer
The information provided by ScoutingPal is for informational purposes only and should not be considered professional or financial advice. While we strive to ensure the accuracy of the database and analytics, ScoutingPal does not guarantee completeness or reliability. Users acknowledge that any reliance on the Software is at their own risk, and ScoutingPal shall not be liable for any decisions made based on the provided data.

User rights
The Software provided by the Operator is protected by copyright. All rights to the Software as well as to other files and documents provided within the scope of the subscription are held exclusively by the Operator.