Intelligence Platform (iP) End User Terms of Use

Last updated 1st July 2023.

These end user terms of service, after this point referred to as ‘User Terms’, dictate your access to and usage of the Intelligence Platform (abbreviated as ‘iP’). The iP encompasses our online platform and mobile applications dedicated to health, performance, coaching, development, and operations collectively known as the ‘Services’. It is crucial that you carefully review these terms.

Even if you are logging into an existing Intelligence Platform, these User Terms are applicable to you. They establish a legally binding agreement between you, the user, and us, the provider.

By agreeing to these User Terms, you also commit to adhere to the most recent version of our acceptable use policy, which is integrated into these User Terms. If you access or continue to use the Services after being notified of any changes to the User Terms or the acceptable use policy, it is understood that you have read, comprehended, and agreed to abide by these terms and the acceptable use policy.

In the context of these User Terms, ‘We’, ‘our’, and ‘us’ refer to the relevant Kitman Labs entity as specified in the Contract (defined in a later section).

Customer’s choices and instructions

You are an ‘Authorised User’ of an iP controlled by a ‘Customer’

A ‘Customer’, which could be a sports league or team, national governing body, college athletics department, or another third party as mentioned in these User Terms, has extended an invitation to you to join their iP. This iP is a unique system that permits a group of users to access the Services. In most scenarios, the iP you are joining is associated with your employer, and therefore, the Customer is typically your employer or affiliated organisation such as a league.

What this means for you

The Customer has entered into an agreement with us, referred to as the ‘Contract’, either through our Services Agreement or a separate written agreement. This Contract allows the Customer to set up their iP, enabling you and others to join as ‘Authorised Users’. Our commitment to deliver the Services to the Customer is contained within the Contract, and it grants the Customer the ability to invite Authorised Users to participate in its iP.

When you, as an Authorised User, provide content or information to the Services, such as data, messages, or files, collectively referred to as ‘Customer Data’, it is important to understand and acknowledge that the ownership of this Customer Data resides with the Customer. The Contract empowers the Customer with various options and control over this Customer Data. For instance, the Customer has the discretion to grant or revoke access to the Services, enable or disable integrations with third parties, manage permissions, and control retention and export settings. The Customer’s choices and instructions may influence the access, use, disclosure, modification, or even deletion of certain or all Customer Data.

The relationship between you, the Customer and us

BETWEEN US AND THE CUSTOMER, YOU ACKNOWLEDGE THAT IT IS PRIMARILY THE CUSTOMER’S RESPONSIBILITY TO: (A) INFORM YOU AND ANY AUTHORISED USERS OF ANY RELEVANT CUSTOMER POLICIES AND PRACTICES AND ANY SETTINGS THAT MAY IMPACT THE PROCESSING OF CUSTOMER DATA; (B) OBTAIN ANY RIGHTS, PERMISSIONS OR CONSENTS FROM YOU AND ANY AUTHORISED USERS THAT ARE NECESSARY FOR THE LAWFUL USE OF CUSTOMER DATA AND THE OPERATION OF THE SERVICES; (C) ENSURE THAT THE TRANSFER AND PROCESSING OF CUSTOMER DATA UNDER THE CONTRACT IS LAWFUL, WHICH INCLUDES COMPLYING WITH REQUIREMENTS FOR PROCESSING, PERSONAL DATA/PERSONALLY IDENTIFIABLE INFORMATION, SENSITIVE PERSONAL DATA/PROTECTED HEALTH INFORMATION AND DATA OF CHILDREN; (D) RESPOND TO AND RESOLVE ANY DISPUTE WITH YOU AND ANY AUTHORISED USER RELATING TO OR BASED ON CUSTOMER DATA, THE SERVICES OR THE CUSTOMER’S FAILURE TO FULFIL THESE OBLIGATIONS. KITMAN LABS FULFILS ITS OBLIGATIONS AS A DATA PROCESSOR/BUSINESS ASSOCIATE IN ACCORDANCE WITH APPLICABLE LAWS AND MAKES NO ADDITIONAL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, TO YOU RELATING TO THE SERVICES, WHICH ARE PROVIDED TO YOU ON AN ‘AS IS’ AND ‘AS AVAILABLE’ BASIS.

User conduct and obligation

Age requirements

The Services are intended for and should only be used by those who are over the age of 16, or the applicable age of data consent in your jurisdiction if it is lower than 16, as stipulated by the applicable data protection regulations. If you are under the age of 16 (or the age of data consent in your jurisdiction), use of the Services is only permitted if it is done on your behalf by your parents or legal guardians, or if the Customer has obtained verifiable parental consent for your use of the Services in accordance with the applicable data protection regulations. If you are under the applicable age of majority, you should not use the Services unless you are the intended recipient of the Customer’s invitation to the Services and have the required consent. You represent that these conditions are met and may not access or use the Services if either of the representations in the preceding sentence is not true.

Adhere to acceptable use policy

To help ensure a safe and productive work environment, all Authorised Users must comply with our acceptable use policy and any applicable policies established by the Customer. If you see inappropriate behaviour or content, please report it to your employer or the administrator of the iP you are using.

Discretionary access

These User Terms will remain in effect until the expiration or termination of the Customer’s subscription for you, or until your access to the Services is terminated by the Customer or us. If you wish to terminate your account for any reason, including disagreement with any updates to these User Terms or the acceptable use policy, please contact the Customer.

Limitation of liability

If we identify a violation of the Contract, User Terms, acceptable use policy, or any of our other policies that can be resolved by the Customer removing certain Customer Data or taking other necessary actions, we will generally request the Customer to address the issue. However, if the Customer fails to take appropriate action or if there is a credible risk of harm to us, the Services, Authorised Users, or any third parties, we reserve the right to intervene and take necessary action, which may include disabling your account. IN NO EVENT WILL YOU OR WE HAVE ANY LIABILITY TO THE OTHER FOR ANY LOST PROFITS OR REVENUES OR FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, COVER OR PUNITIVE DAMAGES HOWEVER CAUSED, WHETHER IN CONTRACT, TORT OR UNDER ANY OTHER THEORY OF LIABILITY, AND WHETHER OR NOT THE PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. UNLESS YOU ARE ALSO A CUSTOMER (AND WITHOUT LIMITATION TO OUR RIGHTS AND REMEDIES UNDER THE CONTRACT), YOU WILL HAVE NO FINANCIAL LIABILITY TO US FOR A BREACH OF THESE USER TERMS. OUR MAXIMUM AGGREGATE LIABILITY TO YOU FOR ANY BREACH OF THE USER TERMS IS ONE HUNDRED US DOLLARS (USD $100) IN THE AGGREGATE. THE FOREGOING DISCLAIMERS WILL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW AND DO NOT LIMIT EITHER PARTY’S RIGHT TO SEEK AND OBTAIN EQUITABLE RELIEF.

Application of consumer law

Please be aware that Kitman Labs is primarily designed as a business tool for use by sporting organisations and is not intended for consumer purposes. It is important to note that, to the fullest extent permitted by law, consumer protection laws may not apply to your use of the Services. However, in the event that any consumer laws (such as the Competition and Consumer Act 2010 (Cth) in Australia) are applicable and cannot be lawfully excluded, these User Terms will not restrict, exclude, or modify any statutory warranties, guarantees, rights, or remedies that you are entitled to. Our liability, in such cases, will be limited, at our discretion, to either the replacement, repair, or resupply of the Services, or a pro-rata refund to the Customer of any prepaid fees for the subscription of your Authorised User, covering the remaining term.

Survival

The sections titled ‘The relationship between you, the Customer and us’, ‘Limitation of liability’ and ‘Survival’, and all of the provisions under the general heading ‘General provisions’ will survive any termination or expiration of the User Terms.

General provisions

Emails and Kitman Labs messages

Except as otherwise set forth herein, all notices under the User Terms will be by email, although we may instead choose to provide notice to Authorised Users through the Services (e.g. a push notification). Notices to Kitman Labs should be sent to support@kitmanlabs.com, except for legal notices, which must be sent to legal@kitmanlabs.com. A notice will be deemed to have been duly given (a) the day after it is sent, in the case of a notice sent through email; and (b) the same day, in the case of a notice sent through the Services. Notices under the Contract will be delivered solely to the Customer in accordance with the terms of that agreement.

Privacy policy

Please review our privacy policy for more information on how we collect and use data relating to the use and performance of our products.

Modifications

As our business continues to evolve, we may need to make changes to these User Terms or the acceptable use policy. In the event of a significant change, we will provide you with reasonable notice before the revised terms come into effect. This notice will be sent to the email address associated with your account or delivered through a message within the Services. You can always access the most up-to-date version of the User Terms by visiting http://kitmanlabs.com/end-user-terms, and for the most current versions of other referenced pages, please refer to the acceptable use policy and privacy policy.

Material revisions to these User Terms will take effect as stated in our notice, while all other changes will become effective upon publication. By continuing to use the Services after the effective date of any modifications, you indicate your acceptance of the updated terms and conditions.

Waiver

No failure or delay by either party in exercising any right under the User Terms, including the acceptable use policy, will constitute a waiver of that right. No waiver under the User Terms will be effective unless made in writing and signed by an authorised representative of the party being deemed to have granted the waiver.

Severability

The User Terms, along with the acceptable use policy, will be upheld to the maximum extent allowed by applicable law. In the event that any provision of the User Terms is determined by a court of competent jurisdiction to be unlawful, that provision will be modified by the court to the extent necessary to fulfil the intended objectives of the original provision within the limits of the law. The remaining provisions of the User Terms will continue to remain valid and enforceable.

Assignment

You are not permitted to assign any of your rights or delegate your obligations under these User Terms, including the acceptable use policy, without our prior written consent, which will not be unreasonably withheld. However, we reserve the right to assign these User Terms in their entirety, including all terms and conditions incorporated herein by reference, without requiring your consent. Such assignment may be made to a corporate affiliate or in connection with a merger, acquisition, corporate reorganisation, or sale of all or a significant portion of our assets.

Governing law, venue, fees

The User Terms, including the acceptable use policy, and any disputes arising from or related to them, will be governed solely by the governing law specified in the Contract, disregarding conflicts of laws, principles or the United Nations Convention on the International Sale of Goods. Any dispute arising from or relating to the User Terms, including the acceptable use policy, its formation, interpretation, or enforcement, will be exclusively subject to the jurisdiction of the courts specified in the Contract’s venue.

Each party agrees to submit to the exclusive jurisdiction of these courts. In the event of any legal action or proceeding to enforce rights under the User Terms, the prevailing party will be entitled to recover reasonable costs and attorney’s fees incurred in connection with such action or proceeding.

Entire agreement

The User Terms, along with any terms incorporated by reference, constitute the complete and exclusive agreement between you and us, superseding all prior or contemporaneous agreements, proposals, or representations, whether written or oral, regarding the subject matter herein. In the event of any conflict or inconsistency between the provisions of these User Terms and any referenced pages, the terms specified within these User Terms will take precedence. However, in the event of a conflict or inconsistency between the Contract and the User Terms, the terms of the Contract shall prevail first, followed by the provisions in these User Terms, and then the referenced pages (e.g., the privacy policy). It is the responsibility of the Customer to inform the Authorised Users of any such conflicts or inconsistencies, and until such notification is provided, the terms outlined herein shall remain binding.

Contacting Kitman Labs

Please also feel free to contact us if you have any questions about Kitman Labs’ user terms of service. You may contact us at support@kitmanlabs.com or at our postal address below:

For Customers and Authorised Users who are based in the US and Canada:

Kitman Labs, Inc.
405 El Camino Real #440
Menlo Park, CA 94025
USA

For Customers and Authorised Users who are based outside of the US and Canada:

Kitman Labs Limited
Block B, Joyce’s Court
Joyce’s Walk
Dublin, D01 C861
Ireland