Terms of Use

By using the YuKik service, the user or partner accepts the present terms of service. Please read carefully the following terms of service before using the YuKik service. If you do not agree with the Terms of Use, please do not use the YuKik service. These Terms of Use apply to all use of the YuKik service and to agreements between a partner and the user. A more detailed description of the YuKik service and information on system requirements are available on the Yukik.com website. If you register as a company, association, or other legal entity, you represent and warrant that you are authorized to bind the entity to these Terms of Use.

1. Definitions

“Partner” means a club, brand, or similar organization that has entered into an agreement with YuKik and offers its content, experiences, and brand affiliation for the benefit of players, coaches, or the football landscape through the YuKik service.

“Representative of the Partner” means any natural or legal person who is legally obliged to represent the Partner in the conclusion of contracts.

“Club” means a football organization composed of different teams playing in recognized leagues, which is able to form a partnership with YuKik.

“YuKik” means YuKik SAS 6 Bis rue de la ferme 92250 La Garenne-Colombes for registered users anywhere.

“YuKik App” means any digital application called YuKik provided by YuKik to individuals and legal entities to create a football profile or presence by uploading content, results and performance entries either as a user or as a partner.

“YuKik service” means both the YuKik application and the YuKik website yukik.com as well as other additional sites mentioned on yukik.com

“User” means a natural or legal person who uses the Yukik service, as a player, coach, club, recruiter or similar entity.

“User Content” means anything published by a User or made available by the User through the YuKik service.

2. Description and Purpose of YuKik Services

2.1 YuKik, The best performer is the new performance measurement and improvement tool 100% dedicated to football. Designed to develop a passion for football at any age! YuKik is the first community of football enthusiasts that allows you to compare your performance.

2.2 A User may create a profile as a player, coach or scout according to his or her involvement in football, into which he or she will then enter the relevant data.

2.3 The purpose of providing this data to YuKik is to help Users follow and progress in their football career or in the careers of others. The data provided by the Users is used by YuKik to analyze the footballer’s performance. This may include, but is not limited to, collaborations with partners, scouting events, training, deep learning or special events.

3. User Accounts

3.1 In order to use the YuKik service, the User must create a user account by following the YuKik service registration instructions. The identification information of the YuKik service is personal. The User must ensure that the User account credentials and equivalent information needed to access the User’s account remain confidential and are used in a secure manner and not accessible to third parties. A User may only have one User Account.

 3.2 If it is suspected that an unauthorized person has gained knowledge of the User’s account credentials or has access to the User’s account, the User shall immediately inform YuKik. The User is responsible for all use of the YuKik service and for all activity under the User’s account.

3.3 In order to use YuKik services, the User must enter valid and accurate information to the best of his ability. The User agrees to respect these rules. The User is responsible for keeping his data up to date and accurate, in order to benefit from the best analysis.

3.4 If a user does not comply with these Terms of Use, YuKik may, at its discretion, delete that account. If a user selects a username for his account or team page, YuKik reserves the right to modify, delete or claim it, if we consider it inappropriate (for example a username or team name that is not closely related to the user’s real name, club or level).

4. Data

4.1 The purpose of the use of the User’s data will be in the spirit of benefiting youth football as a whole, and the User himself/herself as far as possible.

4.2 YuKik will request data that is related to the services provided and will minimize excessive data collection.

4.3 It is the User’s responsibility to ensure that his/her data is up-to-date and accurate through his/her entries. YuKik will therefore ensure that the information stored is also accurate and up-to date.

4.4 YuKik keeps user data for an unlimited time. This allows us to follow the progression over time, as well as the trends of youth football as a whole. If the user does not agree with this measure, he can ask for the deletion of his account.

4.5 YuKik will take all reasonable measures to ensure the security of personal data – against external and internal threats.

4.6 Data provided by users to the YuKik service may be consulted directly by third party providers. This data will not be made anonymous and may be hosted on a third party server.

4.7 In addition, the User may at any time request YuKik to provide a complete set of his/her data. In this case, the User must submit his request by e-mail to privacy@yukik.com. YuKik will provide the data to the User within a reasonable time. Please see our privacy policy to learn more about the collection, storage and use of your data.

5. Partner Accounts

5.1 In order to use the YuKik service, the Partner Representative must accept the TERMS OF USE on behalf of the Partner. By accepting these TERMS OF USE, the Partner’s Representative accepts on behalf of the Partner itself. The Partner is then bound by the agreement.

5.2 By accepting the TERMS OF USE, the partner is required to activate its community of influencers, players, coaches and other entities and encourage them to join the YuKik service.

6. Identify Talents

6.1 By using the YuKik services, the User agrees that his/her information may be shared with the relevant partners in order to be profiled, sponsored, tracked or to receive special offers or opportunities.

6.2 The User also agrees that the YuKik service can only highlight players or coaches on whom YuKik has specific data. This means that it is the User’s responsibility to ensure that his profile is up to date and correct.

6.3 The opportunities created to highlight talent are at the sole discretion of YuKik. YuKik may take into account user data, social tracking, content, coaches feedback or any other measure to evaluate the talent.

6.4 YuKik has developed its own algorithms for analyzing performance and scoring talent. These algorithms can be adapted and developed over time to ensure that it remains an accurate measure of talent.

7. USER-GENERATED CONTENT

7.1 Users may publish, save, upload and/or contribute (“post”) content to the YuKik service, including images, text, and results (goals, helpers, substitutions, maps, or other similar entries).

7.2 Users retain all rights to the User Content published on YuKik and are solely responsible for it.

7.3 By posting User Content on YuKik, the YuKik Service is granted a non-exclusive, transferable, sublicensable, royalty-free, worldwide license to use any User Content you post on or in connection with YuKik.

7.4 This license is applicable during the time the User has a YuKik account or deletes User Content. It does not take into account User Content that has been shared by others, including, but not limited to, partners and YuKik.

7.5 YuKik and its partners may retain and continue to use, store, display, reproduce, repost, modify, perform and distribute any User Content that other Users have stored or shared through YuKik. In addition, removed content may persist in backup copies for a reasonable period of time (but not accessible to others).

7.6 YuKik is not responsible for any User Content and does not endorse any opinions contained in User Content. We reserve the right to remove and edit User Content for any reason, including User Content that we believe violates these Terms.

7.7 YuKik appreciates feedback from users and partners, and we are always interested in learning how to improve and make YuKik better. If users or partners submit comments, ideas or feedback, you understand that we are free to use them without restriction or compensation. However, we are not obliged to use the comments, ideas or feedback, just as you are under no obligation to offer them.

7.8 You are solely responsible for the accuracy, quality, integrity, legality, reliability, appropriateness, and intellectual property or right to use any uploaded data you submit. YuKik cannot be held responsible for the deletion, correction, destruction, damage, loss or failure to store any uploaded data. YuKik may try to restore lost data, but we do not guarantee the recovery or restoration of lost data.

7.9 There is no tolerance for objectionable content or abusive users. If a user acts in this manner, their account will be suspended with immediate effect.

8. INTELLECTUAL PROPERTY RIGHTS

8.1 All intellectual property rights in the YuKik Service and related documentation, as well as in all parts and copies thereof, shall remain the exclusive property of YuKik and/or its subcontractors/licensees. Intellectual property rights” means copyrights and related rights (including database and catalog rights and photographic rights), patents, utility models, design rights, trademarks, trade names, trade secrets, know-how and any other form of registered or unregistered intellectual property rights.

8.2 These Terms of Use do not grant the User any intellectual property rights to the YuKik Service and all rights not expressly granted herein are reserved by YuKik and its subcontractors/licensors.

9. ADDITIONAL PROVISIONS FOR THE USE OF THE YUKIK SERVICE ​

9.1 The YuKik service is only available to persons 13 years of age or older.

9.2 The User or Partner is required to comply with all applicable rules and regulations when using the YuKik service, including the creation or adaptation of content.

9.3 The YuKik service is constantly evolving and we may modify or remove different parts of the YuKik service, including features, products and partners available in the YuKik service in part or in whole.

9.4 Users and partners are responsible for obtaining and maintaining all devices or equipment (such as mobile phones) and connections necessary to access and use the YuKik service and for all related costs.

9.5 The User or Partner shall not: (i) use or attempt to use another person’s YuKik account and/or access another person’s performance data on the YuKik service or use another person’s input data when using the YuKik service, without that other person’s consent; (ii) copy, modify or create derivative works of the YuKik Service or any related technology; (iii) reverse engineer, decompile, disassemble, decipher or otherwise attempt to derive the source code of the YuKik Services or any related technology, or any portion thereof; (iv) remove any copyright, trademark or other proprietary rights notices contained in or on the YuKik Service; (iv) remove, cover or obscure any advertisement included in the YuKik Service;(v) collect, use, copy or transfer any information obtained from the YuKik Service without the consent of YuKik; (vi) use bots or other automated methods to use the YuKik Service; (vii) create a YuKik account using a false identity or the identity of another person; and (viii) access the YuKik service, except through the interfaces expressly provided by YuKik, such as the YuKik application and the YuKik website.

9.6 YuKik processes personal data collected from the user in accordance with the YuKik privacy statement

10. DURATION AND TERMINATION ​

10.1 These Terms of Use are in effect as a binding contract until further notice as long as the user or partner uses the YuKik service.

10.2 The User or the Partner may terminate the use of the YuKik service at any time. YuKik may at any time stop providing the YuKik service permanently or temporarily.

11. LIMITATION OF LIABILITY

The following section is only applicable to non-consumer users of the YuKik service. In no event shall YuKik be liable to the User for any consequential damages, including lost profits, lost sales or business, lost data or business interruption, or for any direct damages resulting from third party agreements between Users and Partners.

12. Claims

Please note that the YuKik service can be interrupted or permanently stopped at any time. The YuKik service may also be temporarily suspended. Do not use YuKik services for data backup.

13. APPLICABLE LAW, DISPUTE RESOLUTION AND LANGUAGE

13.1 These TERMS OF USE shall be governed by and construed in accordance with the laws of France. If you are a consumer domiciled in the EU, please note that you cannot be deprived of the rights granted to you by the mandatory consumer protection laws of your country of domicile. Disputes arising from these TERMS OF USE will be resolved by the court in Paris. A consumer may always bring an action before the district court of his or her domicile. The parties can also use the ODR platform managed by the European Commission to settle their disputes. This platform is available at ​ http://ec.europa.eu/odr.

13.2 When interpreting these terms and conditions, the French version shall be deemed to be decisive and binding.

14. AMENDMENTS

14.1 These YuKik TERMS OF USE are subject to change.

14.2 YuKik will publish the modified YuKik Terms of Use on the YuKik web site and will inform the User and the Partners that the YuKik TERMS OF USE have been modified on the YuKik service or by email to the email address submitted to the YuKik service by the User or the Partner. If the User or Partner does not accept the modified YuKik TERMS OF USE, this entity, physical or moral, will stop using the YuKik service.

15. ASSIGNMENT

15.1 YuKik may assign all or part of its rights or obligations hereunder to an affiliate or successor or to a purchaser or acquirer of its business assets related to the YuKik service without the prior consent of the user or partner.

15.2 The User or Partner is not entitled to assign any of its rights or obligations hereunder.

16. Warnings

The YuKik application and the YuKik devices are not health devices and should not be used as such. Heart Rate data are approximated and should not be used for any medical or health purposes.

The developers of this application and its employees are not liable, either directly or indirectly from the results of any misuse of the indicated heart rate. Consult your doctor before taking any health-related decisions.

By using the YuKik services, you agree to this statement.