Terms of Service

Thank you for using ACTIVEapp! The information presented below serves as a legal agreement between you (User) and ACTIVEapp and authorizes you to use the Service. By logging in or authenticating yourself with your email and using ACTIVEapp, you confirm that you have read and accepted all conditions presented in Terms of Service and Privacy Policy (www.ACTIVEapp.co.za) in full, without any subtractions and limitations on your part and commit to observe them or cease using the Service. Any new features or tools added to ACTIVEapp shall be also subject to the Terms of Service. If you disagree with Terms of Service and/or the Privacy Policy or you do not have the right to make an agreement, you should immediately terminate any use of the Service. This agreement is effective from the moment when you use the Service.

1. Introduction

ACTIVEapp is a sports club/school management software. The software comprises of various apps for managers, coaches, athletes and parents to improve daily team management, scheduling, communication, invoicing, etc. ACTIVEapp provides services that allow Users to store and analyse personal data, exercise and fitness data, and any other content that User uploads or enters into the account.

2. Definitions

The following terms and definitions shall be used in this Terms of Service and in relations between the parties arising from or in connection with it:

• Personal Data - any information relating to an identified or identifiable natural person
• User – A person (including you) using ACTIVEapp’s service (who may have different roles, which are described in point 3 of Terms of Service)
• Club/School – A sports club/school or a team using ACTIVEapp’s service. The club/school is organized by staff members (managers and/or coaches).
• Service – ACTIVEapp software used by Users and Clubs/Schools and located in the web.desktop and mobile apps of ACTIVEapp, including but not limited to ACTIVEapp.co.za, Athleticsapp, Swimmingapp, Recoapp etc.
• Terms of Service - this agreement with all its current and future amendments and supplements hereto
• Privacy Policy - a set of personal data processing rules and obligations binding for both User and service provider

3. Users and roles

• 3.1. Manager
  • 3.1.1. Manager sets up the club/school and makes sure that everything is running. Manager can add new athletes as well as other coaches, therapists, doctors and managers. Profiles of all people in the club are accessible to Admin Manager.
• 3.2. Coach
  • 3.2.1. Coaches manage their training groups (athletes, schedules, attendance tracking, time trials, training plans etc.) and can only see the contact and profile information of athletes in their training groups and their training plans and RPE’s. Managers can limit the visibility of such information if needed. Administrators can add new athletes to their own training groups.
• 3.3. Athlete
  • 3.3.1. Basic access – Athletes can see the training information added by their Coach if the coach has selected them to view the training plan. Athletes get access to their basic accounts after a Administration manager adds their email addresses to their profiles. Athletes can access their schedules, profile and other relevant information from the ACTIVEapp Player Admin Panel by authenticating themselves with the email that was added to their profiles by their Administration manager.
• 3.4. Parent
  • 3.4.1. Parents have separate accounts. They can only access information related to their children’s accounts.

4. User’s Obligations

• 4.1. You must take all appropriate measures to ensure the security of personal data being entered to the Service. You must not transfer your username and password, as well as access to your authenticated mobile apps and unique links with profile information to any third parties and are fully responsible for their safekeeping, independently choosing a way to store them. Any activities performed using username and password or from an authenticated mobile app are deemed completed by you, except for cases when you have informed ACTIVEapp about an unauthorized access of third parties to your username and password, to your authenticated mobile app or their loss. You are solely liable for all actions and their consequences within and/or in relation to the use of the Service under your account.
• 4.2. Clubs/Schools must ensure that parents and athletes are aware of the Club/School using ACTIVEapp and inform them of ACTIVEapp’s Terms of Service and Privacy Policy.
• 4.3. To use ACTIVEapp, you must be at least 14 years of age or have a consent of a parent or a guardian. Clubs must get the consent of a parent or guardian prior to the registration of an athlete who is under the age of 14.

5. ACTIVEapp’s Obligations

• 5.1. ACTIVEapp makes the Service available to Users unless there are circumstances beyond ACTIVEapp’s control.
• 5.2. ACTIVEapp takes all reasonable technical and organizational measures to protect all data.
• 5.3. The information contained in the account is stored and processed by ACTIVEapp according to the Privacy Policy and applicable regulatory acts.
• 5.4. ACTIVEapp is considered as a processor on behalf of its Users and processing is governed by these Terms of Service.
  • 5.4.1. Processing personal data takes place only if User decides to store their data in the Service.
  • 5.4.2. ACTIVEapp ensures that access to personal data is restricted with only those employees who need such access to perform their job functions and have committed themselves to confidentiality.
  • 5.4.3. ACTIVEapp takes all appropriate measures to ensure the security of processing.
  • 5.4.4. ACTIVEapp uses sub-processors, when necessary, to offer Service to the Users, including but not limited to support, server and messaging service providers, as well as for maintaining a sales pipeline about Clubs/Schools.
  • 5.4.5. ACTIVEapp, taking into account the nature of the processing and the information available to ACTIVEapp, assists Clubs/Schools with appropriate technical and organizational measures, insofar as this is possible, for the fulfilment of exercising the data subject’s rights and other responsibilities.
  • 5.4.6. ACTIVEapp, at the choice of the User, deletes or returns all personal data to the User after the end of the provision of services relating to processing, and deletes existing copies, unless Union or Member States law requires storage of the personal data.
  • 5.4.7. ACTIVEapp makes available to the User all information necessary to demonstrate compliance with the obligations and allows for and contributes to audits, including inspections.

6. Other conditions

• 6.1. ACTIVEapp and its officers, directors, shareholders and employees cannot be held responsible for any accidents, injuries, or direct or indirect damages which User may experience from their fitness activities or the use of the ACTIVEapp.co.za website and any other ACTIVEapp services, including but not limited to (i) downtime and errors in the Service, (ii) loss of data, (iii) inaccurate, unreliable or dangerous information or files provided by other Users, (iv) the Service not meeting User’s requirements.
• 6.2. It is forbidden to access (or attempt to access) any of the Services by any means other than through the interface that is provided by ACTIVEapp. It is specifically forbidden to access (or attempt to access) any of the Services through any automated means (including use of scripts or web crawlers), except for the rules set out in any robots.txt file present on the Services.
• 6.3. ACTIVEapp reserves the right to stop the Service for a short period of time for Service maintenance, notifying the User, if possible, 2 days in advance.
• 6.4. ACTIVEapp reserves the right to modify or terminate the Service for any reason. In case of termination, ACTIVEapp will notify the User 90 days in advance.
• 6.5. ACTIVEapp reserves the right to refuse service to anyone for any reason at any time.
• 6.6. These Terms of Service, its conclusion and execution as well as all matters not regulated hereby are governed by the current legislation of South Africa.
• 6.7. All disputes arising out of or in connection with these Terms of Service are resolved via negotiations or are subject to jurisdiction of South African courts in accordance with current procedural law of South Africa.
• 6.8. If any part of this agreement is found void and unenforceable, it will not affect the validity of the balance of the agreement, which will remain valid and enforceable according to its terms.

7. Intellectual Property and Copyright

• 7.1. You are granted a limited, revocable, personal, non-transferable and non-exclusive license to access and use the Service and the Services’ software.
• 7.2. You may not (and you may not permit anyone else to) modify, rent, lease, loan, sell, distribute, create derivative work of, reverse engineer, decompile, or otherwise try to extract the source code of the ACTIVEapp Service or any part thereof.
• 7.3. Nothing in these Terms of Service gives you the right to use any of ACTIVEapp’s trade names, trademarks, service marks, logos, domain names, trade dress and other distinctive brand features.
• 7.4. You agree that you shall not remove, obscure, or alter any proprietary rights notices (including copyright and trademark notices) which may be affixed to or contained within the Services.

8. Fee

Pricing information can be found by emailing info@activeapp.co.za

9. Termination

• 9.1. These terms may be terminated by the User at any time, by contacting ACTIVEapp by sending an email to support@ACTIVEapp.com.za or using the feature “Contact and Support” in www.ACTIVEapp.com.za for sending a message. If User’s account is linked with a Club/School, User should ask their Club/School to delete their data.
• 9.2. ACTIVEapp may immediately terminate the agreement based on these Terms if ACTIVEapp is determined that a User is acting, or has acted in a way that has negatively affected or may negatively reflect ACTIVEapp and/or the Service or other Users or if a User has breached obligations set in these Terms.

10. Updates to Terms of Service

ACTIVEapp reserves the right to make changes to these Terms of Service by posting revisions and/or providing advance notice of changes to the Terms, generally via email where practicable, and otherwise through a notification on the website or in our mobile app.

Last update 19.12.2018.