Terms of use
1. GENERAL
1.1. These terms of use (hereinafter the "Terms") govern your access to the DiscGolfMetrix platform available at https://discgolfmetrix.com and as a mobile application (hereinafter the “Platform”) and the use of services, as well as the content and other information available at the Platform.
2. DEFINITIONS
2.1. Unless expressly otherwise stated or evident in the context, the capitalised terms used in these Terms shall have the meanings set forth in the introductory language of these Terms or as set forth below:
"Account" – a profile connected to you for the use of the Platform;
"Agreement" – an agreement for the use of the Platform concluded between you and us in accordance with the Terms;
"Bag tag" – a physical label on your bag which can be exchanged with other players according to the results of an Event;
"Club" – a disc golf club which united players at the Platform;
"Event” or “Competition” – a disc golf event organised via Platform according to the rules, terms and conditions of Organiser;
"GDPR" – Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation);
"Intellectual Property" – all existing and future author's rights (copyrights), including any neighbouring and related rights, and industrial property rights in and related to the Platform, including all applications for renewal or extension of those rights, and other similar or equivalent rights and means of protection;
"Organiser" – a person who organises, and is responsible for the Event;
"Party" or "Parties" – a common term for you and us;
"Premium event" – an option to create the Event with additional features, such as registration stages, queuing, wild cards, and additional statistics. You can read more about the premium version on at our Instructions page on our Platform or by clicking here
"We" or "us" – DiscGolfMetrix OÜ, a limited liability company established and existing under the laws of Republic of Estonia, registry code 12776160, address Aia põik 5, Kiili vald, Luige alevik, 75401 Harju maakond, Estonia, who operates the Platform.
3. REGISTRATION
3.1. To start using our Platform you must enter into Agreement with us and create the Account. To enter into Agreement with us and to create the Account, you must:
(a) complete the sign-up form, available at our Platform, by providing your name, contact details, and any other information requested in order to complete the sign-up process;
(b) accept these Terms by clicking "I have read and accept the terms";
(c) confirm that you have familiarized yourself with our privacy policy.
3.2. By accepting these Terms, you acknowledge that you have read, understood, and agree to be bound by the Terms. These Terms form an inseparable part of the Agreement.
3.3. You must provide us with true, accurate, current, and complete information about you and keep such information up to date.
4. USE OF PLATFORM
4.1. You may use the Platform to the extent of and for the purposes of and aims for which the Platform functionality has been created and made available to you, and only in the scope, with the means and for purposes as identified in these Terms and applicable law. As an example, you must not:
(a) use the Platform to breach applicable law or invite others to carry out any unlawful actions;
(b) use, copy, modify, translate, publish, broadcast, transmit, distribute, perform, upload, display, license, sell or otherwise exploit for any purpose any content of the Platform in a way that violates someone else's, including our, rights.
4.2. You shall be responsible for maintaining the security of your account. This means that you must keep your access credentials secret and prevent them from falling into the possession of third parties. Moreover, you shall be fully responsible for all activities that occur under your Account.
5. ORGANISATION OF EVENTS
5.1. This Section of Terms applies to you if are the Organiser of the Events.
5.2. When creating and organising the Event, you are fully liable for the rules, the content and all the organisational part of the Event. Furthermore, we would like to emphasize that you act as a controller of personal data of the participants of the Event. This means that you have all the data controller’s obligations arising from the GDPR concerning the personal data processing regarding particular Event and the participants. The obligations as a data controller include but are not limited to making available the information about the data processing (a privacy notice/policy) as required under the GDPR. You should be also aware, that you may need to respond to the data subject’s requests, e.g. for erasure of personal data. In some cases, we, as a Platform provider, may act as your processor of personal data. This means that you may have to conclude a data processing agreement with us.
5.3. When creating and organising the Event, you can choose between a free version and a Premium event. Once you have selected the Premium event, you cannot change it back to free if you have added players. The prices for the Premium event are set on our Platform, please click here to read more about the pricing. Please note, that we have the right to change the prices at our discretion. Changes in pricing do not affect ongoing or completed Events.
5.4. You can purchase a credit (make a prepayment), which gives you a discount for the Premium event depending on the credit sum you purchase.
5.5. We invoice you based on the Events you organised previous month (the invoicing period). The invoices are issued monthly either to you as a creator of the Event or to an invoicing account if you have chosen so. If you purchased a credit, the credit will be used to pay for the Events. If your credit does not cover all the Premium event costs for the Events organised during the invoicing period, the outstanding amount will be invoiced based on our standard pricing fee. The payment period for the invoices is 5 days as of the issuance of the invoice.
6. ACTIVITIES OF CLUBS
6.1. This Section of Terms applies to you if you create and administer the Clubs.
6.2. When creating and administrating the Club, you are fully liable for the rules and the information about the Club published on our Platform. Furthermore, we would like to emphasize that you act as a controller of personal data of the Club members. This means that you have all the data controller’s obligations arising from the GDPR concerning the personal data processing regarding particular Club. The obligations as a data controller include but are not limited to making available the information about the data processing (a privacy notice/policy) as required under the GDPR. You should be also aware, that you may need to respond to the data subject’s requests, e.g. for erasure of personal data. In some cases, we, as a Platform provider, may act as your processor of personal data. This means that you may have to conclude a data processing agreement with us.
7. SALE OF BAGTAGS
7.1. This Section of Terms applies to you if you create, sell, and administer the Bag tags.
7.2. The Platform allows you to become a creator and seller and administrator of Bag tags. When you create a Bag tag, you agree to a setup fee and an annual fee depending on how many players are using your Bag tag. You can read more about the pricing of Bag tags on our Platform on by clicking here.
7.3. If you represent the Club, you can create invoicing account to receive invoices as a Club or organisation instead of an individual player. First invoice is sent soon after Bag tag is set up to our Platform. Second (and following) invoices will be sent after a year, based on the amount of Bag tags in the league. The payment period for the invoices is 5 days as of the issuance of the invoice.
7.4. When creating, administrating, and selling the Bag tags, you are fully liable for the rules and the information about the Bag tags published on our Platform. Furthermore, we would like to emphasize that you act as a controller of personal data of buyers and owners of Bag tags. This means that you have all the data controller’s obligations arising from the GDPR concerning the personal data processing regarding Bag tags you created, sold, and are administrating. The obligations as a data controller include but are not limited to making available the information about the data processing (a privacy notice/policy) as required under the GDPR. You should be also aware, that you may need to respond to the data subject’s requests, e.g. for erasure of personal data. In some cases, we, as a Platform provider, may act as your processor of personal data. This means that you may have to conclude a data processing agreement with us.
8. AVAILABILITY AND TECHNICAL SUPPORT
8.1. The Platform and services provided through the Platform are provided on "as is" and "as available" basis and without any representation of warranty. We shall apply our best efforts to having the Platform up and running but shall not guarantee you any service levels unless agreed separately in writing.
8.2. We shall provide reasonable technical support to you at your reasonable request. We shall respond to enquiries of support as soon as reasonably possible. The contact for all enquiries of support is https://discgolfmetrix.com/?u=feedback.
8.3. We shall maintain the right to temporarily restrict the access to the Platform if it is needed for maintenance, development or updates or when required by applicable law.
9. INTELLECTUAL PROPERTY RIGHTS
9.1. The Platform and any parts and elements thereof (including databases and software, business names, trademarks, business secrets, domain names, etc.) are and may be protected under the Intellectual Property rights that belong to us or third parties.
9.2. During the validity of the Agreement, we allow you to use the functionality of the Platform for your needs, in compliance with the Agreement and for the purposes stated herein. We shall not give you any other licenses or rights and you shall not obtain any Intellectual Property rights to the Platform or any content made accessible through the Platform.
9.3. You may not change, copy, duplicate, distribute, process, translate, transmit, add to other databases or make available to the public the Platform, or use the Intellectual Property Rights concerning the Platform in any other way than provided herein, without our prior written consent. Furthermore, you have no right to issue sublicenses for the use of the Platform or create new intellectual property objects based on it.
10. RESPONSIBILITY AND LIMITATION OF LIABILITY
10.1. We shall be only liable for direct and proprietary damages caused to you by a breach of our obligations under the Agreement. We shall not under any circumstances be liable for any loss of profit or other indirect damages incurred by you under the Agreement.
10.2. We shall not be liable to you for the damage and other consequences that have arisen due to:
(a) any modifications in these Terms, as well as permanent or temporary interruption, discontinuance, suspension or other type of unavailability of the Platform;
(b) changes in legal acts and in their interpretations, their impacts on you and implementing those changes in the Platform, unless it is obligatory to us under the law or a court decision made regarding us;
(c) any disclosure, loss or unauthorized use of your login credentials due to your failure to keep them confidential;
(d) errors, damages, or settings in your device that are unsuited for the use of the Platform (e.g. Chrome, Firefox, Edge and Opera are supported browsers; e.g. PC, Mac and Android, iOS are supported devices);
(e) any kind of activities of other users of the Platform, Clubs, and sellers of Bag tags;
(f) events and Events organised by the Clubs and other users of the Platform.
10.3. A breach of the Agreement is excused only if the Party in breach proves that the breach had occurred due to an impediment beyond its control and that it could not have been reasonably expected to take the impediment into account at the time of conclusion of the Agreement or have avoided or overcome it or its consequences (force majeure). If the effect of the force majeure is temporary, the breach is excused only for the period during which the force majeure impeded the performance of the obligation. In this case, the term of performance will be considered extended for a period of time equivalent to the time lost because of such delay plus a reasonable period of time to allow the Parties to recommence performance of their respective obligations hereunder.
11. MODIFICATION
11.1. We have the right to unilaterally change the Terms at any time, by publishing the new wording of the Terms, together with the changes made, on our Platform.
11.2. We shall inform you of changes to the Terms on the Platform and by a separate message at least thirty (30) days before their entry into force. If you do not agree with the changes, you shall have the right to terminate the Agreement within the thirty (30) days before the changes enter into force. If you continue using the Platform after the above-mentioned thirty (30)-day deadline has passed, you are deemed to have agreed with the changes to the Terms.
12. TERM AND TERMINATION
12.1. The Agreement shall be effective between you and us as of the moment when you created the Account pursuant to Section 3 of these Terms.
12.2. The Agreement is entered into for an indefinite term and may be terminated by either Party as provided herein.
12.3. You may terminate the Agreement anytime unilaterally without any reason by contacting us https://discgolfmetrix.com/?u=feedback.
12.4. We may terminate the Agreement and delete your Account anytime unilaterally for any reason by informing you by e-mail 30 calendar days before the termination of the Agreement. If the Agreement is terminated pursuant this Section, and if you have made any prepayments to us, we will return them to you no later than the date of termination of the Agreement.
12.5. We may terminate the Agreement and delete your Account unilaterally without prior notice, if:
(a) you have submitted false information, including e.g. false information about the Account, Event results and participants, etc.;
(b) you cause us damage, either intentionally or due to gross negligence;
(c) you have breached your obligations under the Agreement, and if the breach is capable of being remedied, have failed to remedy such breach within the reasonable time given by us;
(d) we were instructed to do so by court.
13. GOVERNING LAW AND DISPUTE RESOLUTION
13.1. The Agreement shall be governed and construed in accordance with laws of Republic of Estonia.
13.2. The Parties undertake to use their best efforts to resolve any dispute, misunderstanding or claim arising out or, or in connection with the Agreement, or its breach, termination, or invalidity by amicable negotiations.
13.3. If the Parties fail to settle disputes through amicable negotiations, such dispute, misunderstanding, or claim arising out of, or in connection with the Agreement, or its breach, termination or invalidity, shall be resolved in Harju County Court, Republic of Estonia.
13.4. Upon non-compliance of the object of the Agreement with terms and conditions of the Agreement, you can rely on the legal remedies laid down in § 101 (1) of the Law of Obligations Act. As a consumer you may submit complaints regarding this Agreement with the Consumer Disputes Committee (Endla 10A, 10142 Tallinn, Estonia, email: avaldus@komisjon.ee, https://komisjon.ee) or by completing an application form on the Electronic Consumer Dispute Resolution Platform at http://ec.europa.eu/odr/.
14. MISCELLANEOUS
14.1. Illegality, invalidity, or unenforceability of any provision or provisions of the Terms does not affect the validity, legality, or enforceability of the remaining provisions of the Terms. If any provision proves to be illegal, invalid, or unenforceable, the Parties will in good faith use all reasonable endeavours to replace that provision with a new, lawful, valid, and enforceable provision closest to the commercial substance of original provision.
14.2. Failure of either Party to exercise or enforce any provision or any of its rights under these Terms shall not be deemed a waiver of future enforcement of that or any other provision or right.