What’s in these terms. These are the terms and conditions on which we supply our service and digital content to you through any “Staydia” website and/or mobile application through which you access our services.

Please read these terms carefully before you use our services. These terms tell you who we are, how we will provide the services to you, what to do if there is a problem and other important information. If you think that there is a mistake in these terms or they require any changes, please contact us to discuss.

1.  ABOUT US

1.1. Who we are: Staydia Limited (“Staydia”) is a company registered in Ireland, with company number 762203 and its registered office at No.1 Grant’s Row, Lower Mount Street, Dublin 2, D02 HX96, Ireland. Any references to “Staydia” or “we” or “us” or “our” in these Terms means Staydia Limited.

1.2. Our services: Staydia provides fully automated sports streaming services through our tracking camera technology and custom streaming platform for various sporting clubs and organisations (the “Services”). Staydia’s Services are available to subscribers online at www.staydiasports.com or through our mobile application, “Staydia” (the “Platform”).

1.3.   Contact: To contact us, email our customer service team at info@staydiasports.com.

2.  OUR CONTRACT WITH YOU (THE SUBSCRIBER)

2.1. Our contract. These are the terms and conditions (the “Terms”) on which we supply our Services to you through the Platform, however accessed and/or used, whether via personal computers, mobile devices or otherwise for either an annual or monthly fee (the “Subscription”). As used in these Terms, the term “Subscriber”, “you” and/or “your” refers to each user who subscribes to Staydia. The Terms serve as a legally binding contract which will apply to each Subscription.

2.2. Acceptance of these Terms. By subscribing to the Services and using the Platform, you accept and agree to be bound by the Terms. If you do not accept these Terms, please do not subscribe to the Platform.

2.3.   Closing your account. You may close your account at any time by unsubscribing from the Platform.

2.4. Reasons we may suspend the supply of Services to you. We may have to suspend the Services to:

2.4.1.   deal with technical problems or make minor technical changes;

2.4.2.   update our Platform to reflect changes in relevant laws and regulatory requirements;

2.4.3.   make changes to the Services or our Platform as requested by you or notified by us to you.

2.5. Breach of the Terms. If you breach these Terms, Staydia may, at its discretion: (a) terminate your Subscription immediately, with or without advance written notice; (b) suspend, delete, or limit access to your account or any content within it; and/or (c) to the extent permitted by applicable law, retain any amounts payable to you (which you forfeit). If Staydia deletes your account for breach, you may not re-register.

2.6. Non-conformance. In the event of a lack of conformity of the Platform and/or the Services with these Terms, we will use our best endeavours to bring the Platform and/or the Services into conformity within a reasonable period of time, and without significant inconvenience to the Subscriber. If this is not possible, the Subscriber will be entitled to (a) a proportionate reduction in the Subscription Fees, for the period of time in which the Platform and/or the Services were not in conformity or (b) where the lack of conformity is for an extended period of time, the

Subscriber may terminate their Subscription. This is in line with the Subscriber’s statutory rights as a consumer. For the avoidance of doubt, these rights do not extend to circumstances where:

(i)  event schedules are changed or negatively impacted by the event organisers / partners; or

(ii)  there is a fault with the electricity or internet connection of the event organisers / partners; or

(iii)  there is a fault with the Subscriber’s internet connection.

3.  SUBSCRIPTION TERMS

3.1. Subscription fees. In consideration of us providing the Services you must pay our fees, as set out on in our Platform (the “Subscription Fees”). You may be asked to supply certain information in order for us to process payment, including but not limited to credit card details and a billing address. Staydia may amend Subscription Fees at any time, at its sole discretion. We will notify Subscribers in advance of any such changes to Subscription Fees. If a Subscriber is not willing to accept the changes to the Subscription Fees, they may choose to cancel their Subscription. Staydia also reserve the right to refuse or cancel a subscription at any time.

3.2. Age: You must be at least 16 years old (or the applicable age of majority in your jurisdiction, whichever is greater) (the “Applicable Age”), to create an account or use the Services. Individuals that are under the Applicable Age may use our Services but only through an account held by a parent or legal guardian. Please ensure that such parent or legal guardian reads the Terms with you if you are under the Applicable Age.

3.3.   Parents and Guardians: By granting a child in your care permission to use the Services, you agree and understand that you are responsible for monitoring and supervising their usage of the Services. If you believe a child is using your account and does not have your permission, please contact us immediately so that we can disable their access.

3.4. Term. The Subscription begins when you first subscribe to our Services and continues until you cease paying the Subscription Fee (the “Term”).

3.5. Auto-renewal. The Term renews on an annual or monthly basis, depending on which Subscription you make. The Term will continue until (i) you cancel your Subscription, (ii) the Subscription Fee fails or (iii) you choose to close your account on the Platform. You must cancel your Subscription before it automatically renews each month or year in order to avoid billing of the next Term’s Subscription Fees. Subscription Fees are fully earned upon payment and may not be cancelled or refunded.

4.  HOW TO PAY

4.1. Payment for the Services is made by the Subscriber upon registration with Staydia, via a payment processing partner. You can pay for the Services using the payment methods listed on our Platform and/or the subscription form provided.

5.  THE SERVICES

5.1. Availability. Staydia shall use all commercially reasonable endeavours to make the Services and the Platform available at all times, except for maintenance which may cause short periods of downtime. If major maintenance is required, we will endeavour where possible to carry out such major maintenance during low peak times.

5.2. External factors. Staydia will not be liable for any failure to supply any of the Services in circumstances where the failure to supply the Services arises as a result of external factors not within its reasonable control.

5.3. Staydia affiliates. All or part of the Services may at any time (at Staydia’s discretion) be provided by an affiliate of Staydia and, unless otherwise agreed, the provisions of these terms shall apply in these circumstances also.

5.4. Rescheduled or cancelled games. The event schedules for games and other sporting events are provided by our partners and other event organisers. If a game or other sporting event scheduled for streaming on the Platform is cancelled or rescheduled (for whatever reason), we will update the Platform to notify you of the cancellation or rescheduling, but we do not guarantee this. It is your responsibility to ascertain whether a scheduled recording and the live streaming of a game or other sporting event has been cancelled or rescheduled.

6.  OUR RIGHTS TO MAKE CHANGES

6.1.   Minor changes to the Services. We may make changes to the Services:

6.1.1.   to reflect changes in relevant laws and regulatory requirements; and

6.1.2. to implement minor technical adjustments and improvements, for example to address a security threat. These changes will not affect your use of the Services.

6.2. More significant changes. In addition, we may make more significant changes to these Terms or the Services, but if we do so we will notify you of such changes.

6.3. Updates to digital content. We may update or require you to update digital content, provided that the digital content shall always match the description of it that we provided to you before you downloaded it.

7.  CONTENT

7.1.   You may not use our Platform:

(a)  in any way that breaches any applicable local, national or international law or regulation;

(b)  in any way that is unlawful or fraudulent or has any unlawful or fraudulent purpose or effect;

(c)  to transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam);

(d)  to knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware;

(e)  download, modify, copy, distribute, transmit, display, perform, reproduce, duplicate, publish, licence or offer for sale any content, data or other information contained on, or obtained from or through our Platform or Services; and

(f)  to send, knowingly receive, upload, download, use or re-use any material which does not comply with our content standards (which may be available from time to time), or which could not reasonably be expected to be seen as related to the provision of the Products.

7.2.  You agree not to access without authority, interfere with, damage or disrupt any part of our Platform, any equipment or network on which our Platform is stored, any software used in the provision of our Platform, any equipment or network or software owned or used by any third party.

7.3.  You also agree not to use a false email address or phone number, or to impersonate any person or entity or otherwise use your account to mislead us or others. We reserve the right to terminate an account at any time.

8.  INTELLECTUAL PROPERTY RIGHTS

8.1. All intellectual property rights in and to the Platform and the Services shall be owned by Staydia and our licensors. For the avoidance for doubt, the Staydia name and logo are trade marks of Staydia.

8.2. No licence to use any intellectual property rights is granted or implied by these terms except the rights expressly granted in these terms.

9.  HOW WE MAY USE YOUR PERSONAL INFORMATION

9.1.   We will only use your personal information as set out in our Privacy Policy

9.2. For the purposes of this clause, the “Data Protection Legislation” means all applicable data protection and privacy legislation in force from time to time including the General Data Protection Regulation ((EU) 2016/679); the Irish Data Protection Acts 1988 - 2018; the UK Data Protection Act the Privacy and Electronic Communications Directive 2002/58/EC (as updated by Directive 2009/136/EC) and the Privacy and Electronic Communications Regulations 2003 (SI 2003/2426) as amended.

9.3. Both Staydia and the Subscriber confirm that they will comply with all applicable requirements of the Data Protection Legislation. This clause is in addition to, and does not relieve, remove or replace, a party's obligations or rights under the Data Protection Legislation.

10.  THIRD PARTY PROVIDERS AND WEBSITES

10.1. Staydia is not responsible for and makes no warranties or representations of any kind and shall have no liability or obligation whatsoever in relation to the accuracy or reliability of, any information or content howsoever obtained from any third party (including any club or organisation engaged), or any errors or omissions arising, from the use of such third-party information or content.

10.2. Our Platform may contain links to other third-party websites which are not controlled by us. For example, if you click on a banner advertisement, the click may take you off our Platform. The fact that we may provide a link to any such third-party website does not mean that we endorse these websites. Such links are provided only for your convenience, and we have no control over such third-party websites. Your access to and use of such websites is at your own risk and we shall have no liability in respect of those third-party websites.

11.  REPRESENTATIONS AND WARRANTIES

11.1.   You represent and warrant that:

(a)  any Subscriptions you purchase are for private use only, and that they are not purchased as part of any form of for-profit business or commercial activity, unless we have expressly authorised otherwise in writing;

(b)  you are responsible for any use of your username and password, and you must keep them confidential. If you become aware of any unauthorised use of your username and password, you must change these by visiting the registration page of our Platform;

(c)  you understand that we make no guarantee that our Services will be uninterrupted

or error free and that we reserve the right to modify or discontinue, temporarily or permanently, all or any part of our Services without notice and without liability;

(d)  you understand that our Platform may contain links to other websites which are not controlled by us.

(e)  you will not resell or offer for resale or use by anyone else any of our Services;

(f)  it is your responsibility to ascertain whether a scheduled recording and the live streaming of a game has been cancelled or rescheduled;

(g)  you understand that Staydia will not be held responsible or liable for any content live-streamed on the Platform and we make no guarantee that this content will not contain any defamatory matter nor breach any contract or law nor breach any duty of confidentiality, infringe any copyright or data protection rights, nor constitute contempt of court or obscenity;

(h)  you understand that we will not be liable or responsible for any failure of performance, or delay in the performance of, any of our obligations that are caused by events outside our reasonable control; and

(i)  you understand that your Subscriptions are non-exchangeable, non-refundable and non-transferable.

12.  LIMITATION OF LIABILITY

12.1. We exclude all implied conditions, warranties, representations or other items that may apply to our Services, our Platform or any content contained therein. We will not be liable to you for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with the use of, or inability to use, our Services or our Platform; or the use of or reliance on any content displayed thereon.

12.2.   We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors and for fraud or fraudulent misrepresentation.

12.3.   To the extent permitted by applicable law:

12.3.1. Staydia shall not be liable for any indirect, incidental, special, consequential, punitive, or exemplary damages, including damages for loss of business, profits, goodwill, data, or other intangible losses, even if Staydia has been advised of the possibility of such damages; and

12.3.2. Staydia’s total liability to you shall not exceed the amounts paid by you to us over the twelve (12) months preceding your claim(s) or one hundred euro (€100), whichever is greater.

13.  GENERAL

13.1. Force Majeure.  We shall have no liability to you under these Terms if we are prevented from or delayed in performing our obligations under these Terms, or from providing the Services by acts, events, omissions or accidents beyond our reasonable control, including, without limitation, strikes, lock-outs or other industrial disputes, failure of a utility service or transport or telecommunications network, act of God, war, riot, civil commotion, malicious damage, compliance with any law or governmental order, rule, regulation or direction, accident, breakdown of plant or machinery, fire, flood, storm or default of suppliers or sub-contractors.

13.2. Assignment. We may assign or transfer our rights and obligations under these Terms to another entity but will notify you by posting on this webpage if this happens. You may only assign or transfer your rights or your obligations under these Terms to another person if we agree in writing.

13.3. Waiver. If we do not insist that you perform any of your obligations under these Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you or that you do not have to comply with those obligations.

If we do waive any rights, we will only do so in writing, and that will not mean that we will automatically waive any right related to any later default by you.

13.4. Severance. Each paragraph of these Terms operates separately. If any court or relevant authority decides that any of them is unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.

13.5. Governing law and jurisdiction. These Terms governed by Irish law and we each irrevocably agree to submit all disputes arising out of or in connection with these Terms to the exclusive jurisdiction of the Irish courts.