Terms of Use for the MyTrainingMap Platform

The MyTrainingMap Platform offered for use via the MyTrainingMap.com web portal (“the Platform”) is an online platform for information exchange between owners, providers and/or advertisers of sports training facilities and related services (“Host”) and persons searching for such facilities and services (“Visitor”). The Platform is owned and operated by MTM Sport Ltd (“MTM”, or “our”, “us”, “we” and similar expressions), a limited liability company registered in Finland with registration number 3006641-4.

These are the Platform terms of use (the “Terms”) which apply to the use of the Platform by all users and constitute the Agreement (“Agreement”) between MTM on the one hand, and you or the legal entity of which you are acting on behalf, as the case may be, on the other. By accessing and using the Platform, you agree to be bound by these Terms. If you are using the Platform on behalf of, representing and/or for the benefit of a legal entity (such as an employee or contractor of one), you must ensure that you have the legal capacity and authorization to enter into this Agreement on such entity’s behalf or that the entity otherwise becomes bound by and complies with this Agreement.

USE BY CHILDREN: Please note that if you are under the age of 13, you are not allowed to register for or use the Platform.

If there is anything that you do not understand, please feel free to contact us as set out in Section 16 (Notices and Electronic Communications).

1. THE PLATFORM AND KEY DEFINITIONS

The Platform constitutes a platform service for helping Visitors find and compare suitable sports training facilities and related services offered by Hosts (“Host Services”) or those time to time listed on the Platform by MTM at locations of the Visitor’s choice worldwide, and enabling the Visitors to contact Hosts with a view to entering into an agreement between a Visitor and a Host on the provision of Host Services (“Host Services Agreement”). Host Services Agreements are formed separately between the Host and the Visitor outside of the Platform, and we are never party to such agreements.

Information on Host Services and their locations is accessible through advertisements and related specifications, descriptions and contents posted on the Platform by Hosts or from time to time by MTM based on public information (“Advertisements”). All Advertisements created by Hosts, and where we decide to introduce such features, Visitor feedback, community discussions, ratings and/or reviews, are collectively referred to as “User Content”.

2. YOUR GENERAL OBLIGATIONS

You will not:

1. use the Platform (or any part of it) for any illegal purpose and you shall use it in accordance with all relevant laws and regulations;
2. upload or transmit through the Platform (i) any computer viruses, macro viruses, trojan horses, worms or anything else designed to interfere with, interrupt or disrupt the normal operating procedures of a computer or (ii) any material which is defamatory, offensive, or of an obscene or menacing character, or that may cause annoyance or inconvenience;
3. use the Platform in a manner which (i) may cause the Platform to be interrupted, damaged, rendered less efficient or such that the effectiveness or functionality of the Platform is in any way impaired or (ii) violates or infringes the rights of any person, firm or company (including, but not limited to, intellectual property rights, rights of confidentiality or privacy rights);
4. attempt any unauthorized access to any part or component of the Platform;
5. copy or distribute any part of the Platform in any medium without our prior written consent;
6. alter or modify any part of the Platform; or
7. misrepresent your identity or credentials, or use those of another person, in engaging with us or any other persons on or via the Platform.

You agree that in the event that you have any right, claim or action against another user of the Platform arising out of that user's use of the Platform, then you will pursue such right, claim or action independently of and without recourse to us.

3. OUR RIGHTS

We reserve the right to:

1. change these Terms from time to time. Your continued use of the Platform (or any part of it) following such change shall be deemed to be your acceptance of such change. Where not explicitly otherwise specified in these Terms, it is your responsibility to check regularly to determine whether the Terms have been changed. If you do not agree to a change to these Terms, you must stop using the Platform; and
2. monitor any activity and content on the Platform to ensure it is in compliance with these Terms and any applicable laws and regulations. We may investigate any reported violation of these Terms or complaints relating to the Platform and take any action that we deem appropriate (which may include, but is not limited to, issuing warnings, suspending, terminating or attaching conditions to your access and/or removing any materials from the Platform) as further described under Section 11 (Our Right to Suspend, Limit or Terminate Your Use of the Platform) below.

We will use our reasonable endeavors to maintain the Platform and keep it accessible. The Platform is subject to change from time to time. Except for the limited right to refund under Section 10 (Pricing and Payments), you will not be eligible for any compensation because you cannot use any part of the Platform because of a failure, suspension or withdrawal of all or part of the Platform for any reason.

4. YOUR PERSONAL DATA

We respect your right to privacy and will process your Personal Data in accordance with our Privacy Policy and any applicable data protection legislation in place from time to time.

5. ACCOUNTS

In order to use some parts of the Platform, such as posting Advertisements, you must register a user account on the Platform. With the exception of a Host account created for the use of any member in that organization, you must never use the account of another user. You must provide full and accurate information when you create your account with us. You are solely responsible for the activity that occurs on your account and for maintaining the confidentiality and security of your account credentials. We strongly recommend that you do not disclose your account password to anyone. You must notify us immediately if you become aware of any unauthorized use of your account or have reason to believe your account details have been compromised (e.g. as a result of a successful “phishing” attempt directed at you).

6. HOST’S COMMITMENTS AND OBLIGATIONS

Registration

In order to be able to post Advertisements on the Platform, you need to register a user account. To register, fill in the requested information on the registration form, after which you will be sent an e-mail to verify your e-mail address. The requested information includes the name of your organization as well as the name and contact details of the contact person designated for the organization. Please note that we may subsequently request further information in connection with your later use of the Platform, such as full and valid payment details for making applicable payments under these Terms. Providing accurate information where requested is strictly required in order to use the Platform. We may at any time perform checks to validate the information you have provided, and where necessary, require you to submit additional details or documentation. You are responsible for keeping your information up to date. We reserve the right to refuse your registration for any reason. In case your registration has been refused you may contact us as set out in Section 16 (Notices and Electronic Communications).

Posting Advertisements

Advertisements are created by providing us the information and contents specified on the relevant submission form, including e.g. the location of the facility advertised and accurate instructions for travel to the destination. Where free-form textual descriptions of the Hosting Services are requested, you must submit them in an intelligible and accessible form, using clear language. Facility locations are created on the Platform by us and offered for selection by you. If you are unable to find a facility you want to place an advertisement at, please contact us and we will create the facility location onto the Platform.

Before their publication, we will evaluate your Advertisements and the information submitted in connection with them for compliance with the requirements in this Section 6, and where we deem at our sole discretion that they do not comply with the said requirements, or where we believe improvements should be made, require or recommend you to modify such contents, or provide further necessary documentation or details. We reserve the right to decide to not publish your Advertisement for any reason. Furthermore, regardless of prior publication, we also reserve the right to proactively remove or block any of your Advertisements for any reason.

In case your Advertisement has been removed, blocked or left unpublished without further communication from us, you may contact us as set out in Section 16 (Notices and Electronic Communications).

Further requirements on Advertisements

Your Advertisements may not include or refer to any false, misleading or deceptive information. If you include statements in any way referring to services of another service provider, you must take care to avoid any risk of confusion between your services and those of another, as assessed from the point of view of the Visitor. If your Advertisements involve discounts, giveaways or other special benefits, or any competitions or games, the terms relating to such must be clear, understandable and easily available to any Visitor.

Our use of your Advertisements

We will not commercially exploit or redistribute your Advertisement contents outside the context of the Platform except as follows.

Unless otherwise agreed, we may use, modify and redistribute your Advertisement contents, and other information you have provided regarding your Host Services, at our discretion for featuring and promoting the Host Services and the Platform in our social media channels and newsletters, for example, by posting a presentation of your destination profile including related pictures.

We may also use, analyze and extract data from your Advertisement contents for statistical and research purposes and for the purpose of improving our services by learning more about the way people use the Platform.

Your general responsibilities

In addition to the requirements set above herein, you represent, warrant and agree that:

1. the information and material submitted by you about your business and services and/or products is true, accurate, complete and up-to-date;
2. you will take care to keep such information true, accurate, complete and up-to-date, and promptly update it if needed;
3. you own, or have acquired the necessary permissions and/or licenses to, all the intellectual property rights and other rights necessary for offer your Host Services and for publishing, selling, making available and/or distributing your User Content;
4. any User Content you submit do not infringe or violate any copyright, trademark, trade name, trade secrets or any other personal or proprietary rights of any third party;
5. you have the right to offer, make available and/or provide (as the case may be) the services you advertise on the Platform and that such activity does not violate any rights of third parties;
6. there are no trade restrictions, sanctions or other restrictions enacted by any state, jurisdiction or international organization that would prevent you or your affiliates from engaging in the activities under this Agreement and from providing the Host Services you advertise;
7. you will conduct your transactions with other users of the Platform in good faith; and that
8. you will not use the Platform (or any part of it) unlawfully or for any illegal purpose and you shall use it in accordance with all relevant laws.

7. USER CONTENT

In the course of using the Platform, you are able to share with us and/or other users User Content such as Advertisements, and where we decide to introduce such features, community discussion, ratings, photographs and other multimedia content, and/or reviews by Visitors, as well as other comparable User Content. Depending on the Platform feature you are using to publish this User Content, you may be able to retroactively edit or remove it, as indicated in the relevant context. We will not commercially exploit or redistribute your User Content outside the context of the Platform. However, we may use, analyze and extract data from the User Content for statistical and research purposes and for the purpose of improving our services by learning more about the way people use our Platform.

You retain all intellectual property rights in, and are responsible for, your User Content. By sharing your User Content, you grant us a worldwide, royalty-free, non-exclusive and sub-licensable right to use, make copies of, distribute and make available the User Content and any derivative works and parts thereof in the limited manner and for the limited purposes described above in this Section 7. Nothing in this license constitutes any permission for us to assert or imply that we, or our use of your User Content, is connected with, or sponsored or endorsed by you.

We do not endorse any User Content or any statement, recommendation, or advice expressed therein, and, subject to Section 14 (Disclaimers and Limitation of Liability) below, we expressly disclaim any and all liability in connection with User Content. We do not permit copyright infringing activities or any infringement of any other intellectual property rights on the Platform.

You acknowledge that when using the Platform, you may be exposed to Advertisements and/or other User Content from a variety of sources, and that we are not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such User Content. If you believe any User Content on the Platform is inaccurate, offensive, indecent, objectionable or infringes any intellectual property rights, please contact us as specified under Section 12 (Reporting) herein.

8. LINKS TO OTHER WEBSITES

We and users of the Platform may provide links to other websites or resources. You acknowledge and agree that we are not responsible for the availability of such external sites or resources, and do not endorse and are not responsible or liable, directly or indirectly, for the privacy practices or the content (including misrepresentative or defamatory content) of such websites, including (without limitation) any advertising, products or other materials or services on or available from such websites or resources, nor for any damage, loss or offence caused or alleged to be caused by, or in connection with, the use of or reliance on any such content, goods or services available on such external sites or resources.

9. HOSTING SERVICES

While we make efforts to monitor the user conduct and services advertised on the Platform, for example by way of the reporting referred to under Section 12 (Reporting) of these Terms, we do not control and are not liable or responsible for the safety, quality, suitability for any purpose, operation or non-operation, lawfulness or availability of the services offered via the Platform, or for the ability of the Hosts to provide a service, or for the ability of Visitors to complete a purchase and/or adhere to the terms and conditions of the Hosting Services Agreement. We do not represent either the Host or the Visitor in any transactions between users of the Platform. However, you may have the right to a refund and/or other remedies under the Hosting Services Agreement.

While we strive and use several ways to verify the information provided by and the identity of the Hosts registering to advertise their services on the Platform, and require them to supply full and accurate information, we may not be able to fully verify such details. It is your responsibility to use due care in assessing the parties you intend to deal or engage with, including without limitation by taking steps to establish their reputation and identity, such as by trying to confirm their identity from multiple sources and reviewing possible relevant reviews or ratings elsewhere on the web.

By using the Platform, you are fully assuming the risks of engaging in any transactions based on information acquired via the Platform, and unless otherwise separately agreed or required by mandatory provisions of applicable law, we shall not be liable for any damages, claims, liabilities, costs or expenses of any kind that may arise in connection with the above-mentioned risks.

10. PRICING AND PAYMENTS

Fees and payment

Certain features of the Platform, including posting Advertisements, are available only against fixed and/or recurring fee(s) (“Paid Service”), as indicated by us on the Platform pricing page or as separately agreed (“Pricing Policy”). Provision of Paid Services is subject to the payment of all applicable fees as set out in the Pricing Policy. However, where explicitly specified by us, Paid Services may also be offered without charge, including for a defined starting period following an individual subscription or a general service launch. In order for you to be able to pay for or subscribe to a Paid Service, you must be able and eligible to use a payment method accepted by us and the Platform at such time. Making payments may be subject to your approval of additional terms and conditions applicable between you and the relevant payment service provider and/or the Platform. We have the right to adjust the fees we charge for the Service. In the case of recurring fees, we will notify you at least thirty (30) days in advance before any price adjustments come into force, and you may cancel the subscription at no charge during that time. If you subscribe to Paid Services carrying a recurring fee, and the method of payment you have chosen to apply ceases to function for any reason, and we are unable to charge the applicable fee(s) from you, we reserve the right to cease the provision of the Paid Service until you have updated your method of payment. If you do not update your method of payment within a reasonable period of time, we may cancel your subscription.

Cancellation of subscription

In the case of a Service with a recurring fee and an automatically renewed subscription, you may cancel the subscription at any time before the end of the then ongoing billing period so that the cancellation of the subscription, and of your right to use the Paid Service, takes effect as of the beginning of the next billing period. Unless otherwise stipulated in any applicable special terms and conditions, you are not eligible for any refund for the remaining days of the ongoing billing period.

Refunds

Unless otherwise agreed or stipulated in any applicable special terms and conditions, you have a right to refund if and to the extent the Paid Service is defective or cancelled by us, or we cease to provide the Paid Service (or a part thereof) to you for any reason, but only to the extent you are prevented from receiving the Paid Service for parts or periods that you have already paid for. However, with regard to refund payable based on Platform downtime, you are eligible for refund only for continuous downtime that exceeds two (2) business days. You do not, however, have any right to refund if the non-availability, cancellation or defectiveness of the Paid Service is due to your violation of these Terms. Claims for refund must be made and notified, at latest, within thirty (30) days from the end of the subscription period during which the non-availability, cancellation or defectiveness materialized.

11. OUR RIGHT TO SUSPEND, LIMIT OR TERMINATE YOUR USE OF THE PLATFORM

We have the right to, at our sole discretion, suspend, limit or terminate the use of your account and/or suspend the use of or remove any User Content, if:

1. we have reason to believe that you have acted in violation of these Terms, or that any content or material submitted or shared by you on the Platform violates these Terms or the intellectual property rights, other property rights or the right to privacy or data subject rights of any third party;
2. we have reason to believe that your use of the Platform is in violation of any applicable law or regulation, or that you are using the Platform in a fraudulent manner or otherwise contrary to the purpose of this agreement;
3. we have reason to believe that you have supplied false, misleading or deceptive information in connection with your registration or any other use of the Platform, either to us or to another user;
4. you have not responded to our inquiries or supplied the information requested by us; or
5. we are required to do so under any applicable law, regulation or an order issued by an authority.

Although we reserve the right to terminate your use of the Platform immediately and without hearing you in any of the above circumstances, we wish to deal with such situations in a fair and transparent manner. Depending on our legal obligations, the urgency of the issue and the way we decide to balance the interests requiring protection, we will usually strive to inform and hear you before we take actions based on our above-mentioned right, especially if it involves the permanent termination of your account and/or any content or materials associated with it. By using the Platform, however, you agree and acknowledge that this is not always possible and that we are not in any circumstance liable for any damage, losses, expenses or harm resulting from the use of our rights under this Section 11.

12. REPORTING

We expect our users to honor these Terms and the intellectual property rights of others at all times.

Reporting on misuse and inappropriate conduct

If you encounter use of the Platform or inappropriate conduct that you believe may be in violation of these Terms, we encourage you to bring such issues to our attention by contacting us as set out in Section 16 (Notices and Electronic Communications) below or by using the designated reporting form on the Platform, where available.

Reporting on infringement of your IPR

If you believe in good faith that any content or materials on the Platform infringe your copyright or other intellectual property right, you may send us a notice requesting, if necessary, that the content or material be taken down or access to it blocked. In connection with your notice, the following details must be provided to us in order to process your request, namely:

1. contact details and proof of identity of the requesting party and relevant authorization if the requesting party is not the intellectual property right holder;
2. proof of intellectual property ownership; and
3. hyperlink(s) to or URI(s) of the allegedly infringing content or material on the Platform.

As a platform provider we do not resolve or settle conflicting intellectual property infringement claims. No action taken by us shall be construed as endorsement of any claim, and all conflicting claims must be resolved by the relevant parties separately from MTM or the Platform. We recommend that you obtain legal advice before filing a notice. Please be aware that there may be legal consequences for false claims under the applicable legislation. Notices can be sent via email: info@mytrainingmap.com

13. INTELLECTUAL PROPERTY AND RIGHT TO USE

You acknowledge and agree that all copyright, trademarks and all other intellectual property rights in the Platform service shall remain at all times owned by us and/or our licensors. You are permitted to use the Platform only as expressly authorized by us. You agree not to (and agree not to assist or facilitate any third party to) copy, reproduce, transmit, publish, broadcast, sell, license, display, distribute, make available, commercially exploit or create derivative works of material and content contained within the Platform, unless expressly authorized by us or the relevant right holder with respect to specified individual material or content. We reserve all rights not expressly granted in and to the Platform and the content in the Platform.

14. DISCLAIMERS AND LIMITATION OF LIABILITY

While we will use reasonable endeavors to verify the accuracy of any information we place on the Platform, we make no warranties, whether express or implied in relation to its accuracy.

The Platform is provided on an "as is" and "as available" basis without any representation or endorsement. To the maximum extent permitted by applicable law, and unless expressly stated otherwise herein, we make no warranties of any kind, whether express or implied, in relation to the Platform, or services offered via the Platform including but not limited to, implied warranties of satisfactory quality, fitness for a particular purpose, non-infringement, compatibility, security, accuracy, condition or completeness, or any implied warranty arising from course of dealing or usage or trade.

To the maximum extent permitted by applicable law, we make no warranty that the Platform or services offered on the Platform will meet your requirements or will be uninterrupted, timely, secure or error-free, that defects will be corrected, or that the Platform or the server which makes it available or services offered on the Platform are free of viruses or bugs or are fully functional, accurate, or reliable. We will not be responsible or liable to you for any loss, destruction or alteration of content or material as a result of uploading to or downloading from the Platform.

Notwithstanding any other provision in the Terms, nothing shall limit your rights as a consumer under the mandatory provisions of applicable consumer protection legislation.

To the maximum extent permitted by applicable law, we will not be liable for:

1. any economic losses (including without limitation loss of revenues, profits, contracts, business or anticipated savings); or
2. any loss of goodwill or reputation; or
3. any special or indirect or consequential losses, howsoever arising

in any case whether or not such losses were within the contemplation of either of us at the date on which the event giving rise to the loss occurred.

Nothing in these Terms shall exclude or limit our liability for death or personal injury resulting from our negligence or that of our agents or employees, or liability based on willful conduct or gross negligence, or your right to a refund as set out under Section 10 (Pricing and Payments).

15. INDEMNITY

You agree to be fully responsible for (and fully indemnify us against) all claims, liability, damages, losses, costs and expenses, including legal fees, suffered by us and arising out of or related to any breach of the terms by you or any other liabilities incurred by us arising out of your use of the Platform, or use by any other person accessing the Platform using your device or user account; or your violation of any law or rights of any third party; or your User Content, including without limitation any claim of infringement or violation of intellectual property rights, data subject’s rights under applicable data protection legislation or other proprietary or privacy rights.

16. NOTICES AND ELECTRONIC COMMUNICATIONS

You may send us notices under or in connection with these Terms by email to info@mytrainingmap.com.

As proof of sending does not guarantee our receipt of your notice, you must ensure that you have received an acknowledgement from us, which we will aim to send to you within 5 working days of our receipt and should be retained by you.

By using the Platform, you agree to receive certain electronic communications from us from time to time regarding your account and the Platform. Furthermore, you agree that any notice, disclosure, agreement or other communication that we deliver to you electronically will satisfy any legal communication requirements, including that such communications be in writing.

17. RIGHTS OF TRANSFER AND ASSIGNMENT

We may transfer or assign our rights and duties under these Terms to any party at any time without notice to you, but this will not affect your rights or our obligations under these Terms. You may not, however, transfer or assign any of your rights and duties under these Terms to any other party.

18. GENERAL

If any part of the Terms shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed to be severable from these Terms and shall not affect the validity and enforceability of any of the remaining provisions of the Terms.

These Terms (as amended from time to time) contain the entire agreement and understanding between us in respect of all matters which are referred to herein and supersede any prior written or oral agreement between us relating to such matters. No oral explanation or oral information given by either of us shall alter the interpretation of these Terms. You confirm that, in agreeing to accept these Terms, you have not relied on any representation that is not expressly included herein and you agree that you shall have no remedy in respect of any misrepresentation which has not become a term of these Terms. However, nothing in these Terms purport to exclude liability for any fraudulent statement or act.

You agree that these Terms, and any dispute between you and us shall be governed in all respects by the laws of Finland, without regard to their choice-of-law provisions, and excluding the application of the 1980 U.N. Convention on Contracts for the International Sale of Goods. Except if prohibited and without limitation to any statutory rights for consumers under applicable consumer protection laws, you agree that all disputes, claims and proceedings arising out of or relating to the Platform shall be resolved by the competent courts of Helsinki, Finland. However, we shall always have the right to take legal proceedings in the court of competent jurisdiction of your domicile. Unless otherwise specified herein, all claims shall be brought within one (1) year after the claim arises. Failure of either party to exercise in any respect any right under these Terms shall not be deemed to be a waiver of such right.