Terms and Conditions

1. GENERAL INFORMATION

The ownership of this website, www.fieldmetrics.io, (hereinafter Website) is held by: Field Metrics S.L., provided with NIF: B-16401812 and registered in Registro Mercantil de Madrid.

This document (as well as all other documents mentioned here) regulates the conditions governing the use of this Website (www.fieldmetrics.io) and the purchase or acquisition of products and/or services therein (in forward, Conditions).

For the purposes of these Conditions it is understood that the activity that FieldMetrics develops through the Website:

Access to Sports Analytics through the platform by the purchase of a Monthly subscription.

In addition to reading these Conditions, before accessing, browsing and/or using this website, the User must have read the Legal Notice and the General Conditions of Use, including the cookie policy, and the privacy and data protection policy of FieldMetrics. By using this Website or making and/or requesting the acquisition of a product and/or service through it, the User agrees to be bound by these Terms and all of the above, so if you do not agree with everything, you should not use this Website.

Also, it is informed that these Conditions could be modified. The User is responsible for consulting them each time they access, browse and/or use the Website, since those that are in force at the moment in which the acquisition of products and/or services is requested will apply.

For all questions that the User may have in relation to the Conditions, you can contact the owner using the contact information provided above or, if applicable, using the contact form or the email: support@fieldmetrics.io

2. THE USER

The access, navigation and use of the Website confers the condition of user (hereinafter referred to individually as User or collectively as Users), for which they accept, from the moment they begin browsing the Website, all the Conditions herein established, as well as their subsequent modifications, without prejudice to the application of the corresponding legal regulations of mandatory compliance as the case may be.

The User assumes responsibility for the correct use of the Website. This responsibility will extend to:

  • Making use of this Website only to make legally valid inquiries and purchases.
  • Not making any false or fraudulent purchases. If it could reasonably be considered that a purchase of this nature has been made, it could be canceled and the relevant authorities informed.
  • Providing truthful and legal contact data, for example, email address, postal address and/or other information (see Legal Notice and General Conditions of Use).

The User declares to be over 18 years of age and have the legal capacity to enter into contracts through this Website.

The Website is aimed primarily at Users residing in Spain. FieldMetrics does not ensure that the Website complies with the laws of other countries, either totally or partially. FieldMetrics declines any responsibility that may arise from such access, nor does it ensure shipments or provision of services outside of Spain.

The User may formalize, at their option, with FieldMetrics the contract for the sale of the desired products and/or services in any of the languages in which these Conditions are available on this Website.

3. PURCHASE OR ACQUISITION PROCESS

Duly registered Users can buy on the Website by the means and forms established. You must follow the online purchase and/or acquisition procedure of www.fieldmetrics.io, during which several products and/or services can be selected and added to the cart, basket, or final purchase space and finally click on “pay”.

Likewise, the User must fill out and/or verify the information that is requested in each step, although, during the purchase process, before making the payment, the purchase data can be modified.

Next, the User will receive an email confirming that FieldMetrics has received their order or request for purchase and/or provision of the service, that is, the order confirmation. And, in your case, you will be informed also by email when your purchase is being sent. In your case, this information may also be made available to the User through your personal space of connection to the Website.

Once the purchase procedure has been completed, the User consents that the Website generates an electronic invoice that will be sent to the User via email. And, in your case, through your personal space of connection to the Website.

The User acknowledges being aware, at the time of purchase, of certain particular conditions of sale that concern the product and/or service in question and that are displayed next to the presentation or, where appropriate, image of it on their page of the Website, indicating, by way of example but not exhaustive, and taking into account each case: name, price, components, weight, quantity, color, details of the products, or characteristics, how they will be carried out and/or cost of services; and acknowledges that the execution of the purchase order or acquisition materializes the full and complete acceptance of the particular conditions of sale applicable to each case.

The communications, purchase orders, and payments that take place during the transactions made on the Website may be archived and kept in the computerized records of FieldMetrics with the purpose of constituting a means of proving the transactions, in any case, respecting reasonable conditions of security and the laws and regulations in force that are applicable in this regard, and particularly in compliance with the LOPD and the rights that assist Users in accordance with the privacy policy of this Website (Legal Notice and General Conditions of Use).

4. SUBSCRIPTION PLAN

FieldMetrics makes available for Users a series of Subscription Plans which, if purchased by the User (hereinafter, “User”), shall provide access to the features or services established on the FieldMetrics website (hereinafter, “Features”).

FieldMetrics offers the following subscription plans:

  • Standard Plan: $4.90/month for individual access.
  • Supporter Plan: $8.90/month, includes early access to features and customer support.
  • Team Plan: $99.00/month, supports up to 16 users. Contact info@fieldmetrics.es to activate this plan.

FieldMetrics may terminate these Conditions, including any additional terms and conditions incorporated herein, or suspend User's access to any service offered by FieldMetrics at any time if the User has breached any of these Conditions. The User may also terminate their subscription to the Plan for convenience by canceling it through www.fieldmetrics.io Profile page before the next payment date is due, in accordance with the instructions and time periods described in the relevant terms and conditions mentioned above. In any event, FieldMetrics, subject to applicable law, shall have no liability to the User and shall not refund any amounts paid for the Plan. Section 8 (“Cancellations”) below shall not apply to the purchase of a Plan. FieldMetrics reserves the right to restrict the Plan to a limited number of Users.

5. AVAILABILITY

All purchase orders received by FieldMetrics through the Website are subject to the availability of the products and/or that no circumstance or cause of force majeure (clause nine of these Conditions) affects the supply of the same and/or the provision of services. If there are difficulties in the supply of products or no products remain in stock, FieldMetrics undertakes to contact the User and reimburse any amount that may have been paid. This will be equally applicable in cases in which the rendering of a service becomes impossible.

6. PRICES AND PAYMENT

FieldMetrics reserves the right to update their fees at any time and will provide the Client notice of any fee changes before they become effective.

The prices displayed on the Website are the final ones, in Euros (€), and include taxes, except that due to legal requirements, especially in relation to VAT, a different issue is indicated and applied.

However, unless otherwise indicated, the prices of the items offered exclude shipping costs, which may be incurred, which will be added to the total amount due at the time of handling the shipping procedure by the User, and where they will consult the methods and shipping costs available and freely choose the one that suits them.

In no case will the Website add additional costs to the price of a product or service automatically, but only those that the User has selected and chosen voluntarily and freely.

Prices may change at any time. FieldMetrics reserves the right to update, increase, or modify the fees as well; however, any changes will not affect orders or purchases for which the User has already received an order confirmation.

The means of payment accepted will be: Credit or debit card or any other payment method supported by our payments handler provider GetNet.

FieldMetrics uses all means to guarantee the confidentiality and security of the payment data transmitted by the User during transactions through the Website.

Credit cards will be subject to checks and authorizations by the bank issuing them, if that entity does not authorize payment, FieldMetrics will not be responsible for any delay or failure to deliver and may not enter into any contract with the User.

Once FieldMetrics receives the purchase order from the User through the Website, a pre-authorization will be made on the corresponding card to ensure there are sufficient funds to complete the transaction. The charge on the card will be made at the moment in which the User is sent the confirmation of delivery and/or confirmation of the service that is provided in the form and, where appropriate, established place.

In any case, by clicking “pay” the User confirms that the payment method used is theirs or that, where appropriate, they are the legitimate holder of the gift card or credit card.

In addition to the above, the Plan may include, at FieldMetrics' discretion at each time and depending on the subscription modality selected by the User (monthly or annual basis), a free trial period (“Free Trial”). Unless otherwise stated, Free Trials are limited to new subscribers to the Plan and only for the first subscription. No charges will be made to your payment method during the Free Trial period. Unless you cancel your Free Trial in advance through the relevant Profile page option before the first payment date is due, you will be charged the Plan fee through the relevant payment method on the next day after the expiration date of your Free Trial period.

7. TECHNICAL MEANS TO CORRECT ERRORS

The User is informed that if they detect that an error has occurred when entering necessary data to process their purchase request on the Website, they may modify them by contacting FieldMetrics through the contact spaces enabled on the Website, and, where appropriate, through those authorized to contact customer service, and/or using the contact information provided in the first clause (General Information). Likewise, this information could also be corrected by the User through their personal space of connection to the Website.

In any case, the User, before clicking on “pay”, has access to the space, cart, or basket where they are noting down their purchase requests and can make changes.

8. CANCELLATIONS

In cases where the User purchases products on or through the FieldMetrics Website, they are assisted by a series of rights, as listed and described below:

Right of Cancellation

To exercise this right of withdrawal, the User must notify FieldMetrics of their decision. You may do so, where appropriate, through the contact spaces enabled on the Website.

The User, regardless of the means they choose to communicate their decision, must express clearly and unequivocally that it is their intention to desist from the purchase contract.

To comply with the withdrawal period, it is enough that the communication that unequivocally expresses the decision to desist is sent before the corresponding deadline expires.

In case of withdrawal, FieldMetrics will reimburse the User for all payments received, without any undue delay and, in any case, no later than 14 calendar days from the date on which FieldMetrics is informed of the decision to cancel by the User.

FieldMetrics will reimburse the User using the same payment method that they used to make the initial purchase transaction. This refund will not generate any additional cost to the User.

In this same sense, the provision of a service that the User could contract on this Website is governed, since this same Law establishes that the Right of withdrawal will not assist Users when the provision of the service has been fully executed, or when it has begun, with the express consent of the consumer and user and with the acknowledgment on their part that they are aware that, once the contract has been fully executed by FieldMetrics, they will have lost their right of withdrawal.

9. DISCLAIMER OF LIABILITY

Unless otherwise provided by law, FieldMetrics will not accept any liability for the following losses, regardless of their origin:

  • Any losses that were not attributable to any breach on your part,
  • Business losses (including lost profits, income, contracts, anticipated savings, data, loss of goodwill, or unnecessary expenses incurred), or
  • Any other indirect loss that was not reasonably foreseeable by both parties at the time the contract for the sale of the products between both parties was formalized.

Likewise, FieldMetrics also limits its responsibility in the following cases:

  • FieldMetrics applies all measures to provide a faithful display of the product on the Website; however, it is not responsible for the minimum differences or inaccuracies that may exist due to lack of screen resolution, or browser problems that are used or others of this nature.
  • FieldMetrics will act with the utmost diligence to make available to the company in charge of transporting the product subject of the purchase order. However, it is not responsible for damages arising from a malfunction of transport, especially for reasons such as strikes, road delays, and in general any other specific to the sector, resulting in delays, losses, or theft of the product.
  • Technical failures that due to fortuitous causes or of another nature prevent normal operation of the service through the internet. Lack of availability of the Website for maintenance or other reasons, which prevents the availability of the service. FieldMetrics puts all the means at its disposal in order to carry out the process of purchase, payment, and delivery of the products; however, it is exempt from liability for causes that are not attributable to it, fortuitous event, or force majeure.
  • FieldMetrics will not be responsible for the misuse and/or wear of the products that have been used by the User. At the same time, FieldMetrics will not be responsible for an erroneous return made by the User. It is the responsibility of the User to return the correct product.
  • FieldMetrics will in no case be liable for any direct or indirect damages that may be caused to Users as a consequence of the payment process and payment means through the relevant app stores.
  • In general, FieldMetrics will not be responsible for any breach or delay in the fulfillment of any of the assumed obligations when the same is due to events that are out of our reasonable control, that is to say, that they are due to force majeure, and this may include but not be limited to:
    • Strikes, lockouts, or other industrial action.
    • Civil commotion, revolt, invasion, threat or terrorist attack, war (declared or not), or threat or war preparations.
    • Fire, explosion, storm, flood, earthquake, subsidence, epidemic, or any other natural disaster.
    • Impossibility of the use of trains, boats, airplanes, motor transport, or other means of transport, public or private.
    • Inability to use public or private telecommunication systems.
    • Acts, decrees, legislation, regulations, or restrictions of any government or public authority.

In this way, the obligations will be suspended during the period in which the cause of force majeure continues, and FieldMetrics will have an extension in the term to fulfill them for a period of time equal to the duration of the force majeure event. FieldMetrics will use all reasonable means to find a solution that allows us to fulfill our obligations despite the cause of force majeure.

10. INDEMNITY

All the actions you make and information you post on FieldMetrics remain your responsibility. Therefore, you agree to indemnify, defend, release, and hold us, and our partners, licensors, affiliates, contractors, officers, directors, employees, representatives, and agents, harmless, from and against any third-party claims, damages (actual and/or consequential), actions, proceedings, demands, losses, liabilities, costs, and expenses (including reasonable legal fees) suffered or reasonably incurred by us arising as a result of, or in connection with:

  1. Any negligent acts, omissions, or willful misconduct by you;
  2. Your access to and use of the App;
  3. The uploading or submission of Content to the App by you;
  4. Any breach of these Terms by you; and/or
  5. Your violation of any law or of any rights of any third party.

We retain the exclusive right to settle, compromise, and pay any and all claims or causes of action which are brought against us without your prior consent. If we ask, you will cooperate fully and reasonably as required by us in the defense of any relevant claim.

The foregoing provision does not require you to indemnify FieldMetrics S.L. for any unconscionable commercial practice or any fraud, deception, false promise, misrepresentation, or concealment, suppression, or omission of any material fact in connection with the App.

11. WRITTEN COMMUNICATIONS AND NOTIFICATIONS

By using this Website, the User accepts that most of the communications with FieldMetrics are electronic (email or notices published on the Website).

For contractual purposes, the User consents to use this electronic means of communication and recognizes that all contracts, notifications, information, and other communications that FieldMetrics sends electronically comply with the legal requirements of being in writing. This condition will not affect the rights recognized by law to the User.

The User can send notifications and/or communicate with FieldMetrics through the contact data provided in these Conditions and, where appropriate, through the contact spaces of the Website.

Likewise, unless otherwise stipulated, FieldMetrics may contact and/or notify the User in their email or at the postal address provided.

12. WAIVER

No waiver by FieldMetrics of a specific right or legal action or lack of requirement by FieldMetrics of strict compliance by the User with any of its obligations will imply a waiver of other rights or actions derived from a contract or the Conditions, nor will it exempt the User from the fulfillment of their obligations.

No waiver by FieldMetrics of any of these Conditions or of the rights or actions arising from a contract shall take effect unless it is expressly established that it is a waiver and is formalized and communicated to the User in writing.

13. NULLITY

If any of these Conditions were declared null and void by a final decision issued by a competent authority, the rest of the clauses will remain in force, without being affected by said declaration of nullity.

14. COMPLETE AGREEMENT

These Conditions and any document to which express reference is made in these constitute the entire agreement between the User and FieldMetrics in relation to the object of purchase and replace any other agreement, understanding, or prior promise agreed verbally or in writing by the same parties.

The User and FieldMetrics acknowledge having consented to the conclusion of a contract without having relied on any statement or promise made by the other party, except that which is expressly mentioned in these Conditions.

15. DATA PROTECTION

The information or personal data that the User provides to FieldMetrics in the course of a transaction on the Website will be treated in accordance with the provisions of the data protection policies, and in compliance with the General Data Protection Regulation (GDPR).

For any data-related inquiries or concerns, please contact our Data Protection Officer (DPO):

16. APPLICABLE LEGISLATION AND JURISDICTION

The access, navigation, and/or use of this Website and the contracts to purchase products through it will be governed by Spanish legislation.

Any controversy, problem, or disagreement that arises or is related to the access, navigation, and/or use of the Website, or with the interpretation and execution of these Conditions, or with the sale agreements between FieldMetrics and the User, will be submitted to the non-exclusive jurisdiction of Spanish courts and tribunals.

17. COMPLAINTS AND CLAIMS

The User can send to FieldMetrics their complaints, claims, or any other comment they wish to make through the contact information provided at the beginning of these Conditions (General Information).

Likewise, if from the conclusion of this purchase contract between FieldMetrics and the User a controversy arises, the User as a consumer may request an extrajudicial settlement of disputes, in accordance with Regulation EU No. 524/2013 of the European Parliament and of the Council, of May 21, 2013, on resolution of online litigation in consumer matters and amending Regulation (EC) No. 2006/2004 and Directive 2009/22/EC. You can access this method through the website: http://ec.europa.eu/consumers/odr/.