Terms of use

Last updated at November 5, 2020

The service “Tournify tournament planner” is offered over the internet in the form of a Software-as-a-Service by the company Tournify. The use of Tournify is subject to the below Terms of Use. Using the Tournify tournament planner constitutes acceptance of these Terms of Use.

Deviations from these terms of use is possible only by means of written confirmation by Tournify.

Article 1. Use of the service

1.1. Tournify allows you to support sport and eSports tournaments and competitions with our online tournament planner.
1.2. To use Tournify, you first need to register. After completing registration, you can directly log into your account and use the service.
1.3. You must secure access to your account using your email and password against third parties. In particular you must keep the password strictly confidential. Tournify may assume that all actions undertaken from your account after logging in with your email and password is authorized and supervised by you. This means you are liable for these actions, unless and until you have notified Tournify that someone else knows your password.
1.4. Tournify processes your personal data. You give permission to all types of processing within the scope of the service. View the privacy policy of Tournify for more information.

Article 2. Terms of use

2.1 It is forbidden to use Tournify acts that violate the Dutch or other applicable laws and regulations. This includes storing or spreading through the service of information that is fragile, defamatory or racist.
2.2 If Tournify considers that you violate any of the previous mentioned conditions, or receives a complaint about it, Tournify will have the right to interfere to end the violation.
2.3 If Tournify considers that there is a danger to the functioning of its systems, network or services, in particular by excessive use, leaking of personal data or activities form viruses, Trojans or comparable software, Tournify will have the right to implement all measures it considers reasonably necessary to avert or prevent this danger.
2.4 Tournify will have the right to report criminal offenses at all times. In addition, Tournify will have the right to give your name, address, IP address and other identifying information to a third party who complains that you are infringing their rights or these terms of use, given that the correctness of that complaint is reasonably plausible, there is no other way to get this data and the third party has a clear interest in the supply of the data.
2.5 Tournify can recover damage caused by violations of these rules of conduct. You indemnify Tournify from all third-party claims relating to damage resulting from violations of these usage rules.

Article 3. Availability and maintenance

3.1 Tournify makes no promises regarding availability of the service.
3.2 Tournify actively maintains the service. Maintenance can take place at any time, even if this may negatively impact the availability of the service. Maintenance is announced in advance whenever possible.
3.3 Tournify may from time to time adapt the service. Your feedback and suggestions are welcome but ultimately Tournify decided which adaptations to carry out (or not).

Article 4. Intellectual property

4.1 The Tournify tournament planner, its software as well as all information and images on the website is the intellectual property of Tournify. These may not be copied or used in any way without the written permission of Tournify, except in cases where it is legally permitted.
4.2 Information you store or process through the service is and remains your property (or your supplies property). Tournify has a limited right to use this information internally for service improvements. You may revoke this right by removing the relevant information and/or terminating the agreement.
4.3 You are responsible for the information, documents and images you store and process through the Tournify service. This data may be protected by someone’s intellectual property rights. Only store and process information, documents and images if you have the rights to do so.
4.4 If you send information to Tournify, for example a bug report or feature request, you give us unlimited and perpetual right to use this information for the service. This does not apply to information that you explicitly mark as confidential.
4.5 Tournify is allowed to see the information you store or process through the service, for example because this is necessary for providing the service, you want to receive technical support or Tournify is obliged to do so because of a legal condition or court order. Your password is encrypted and cannot be seen.

Article 5. Compensation for the service

5.1 The use of certain functions of Tournify is subject to fees, as further explained on the website.
5.2 Payment is possible through online payment, or according to the payment instructions on the website.
5.3 Because the service is started directly at your express request, a payment cannot be refunded under the Distance Selling Act.

Article 6. Limitation of liability

6.1 Apart from cases of malice or gross negligence the liability of Tournify is limited to the amount paid for the upgrade of your tournament which is used for the period of three months before the incident that caused the damage took place.
6.2 Tournify carries explicitly no liability for indirect damage, lost profit, lost cost savings or damage caused by slowdown or standstill of business processes.
6.3 Any possible claim on compensation of damage can only be taken into account on the condition that Tournify is informed within two months after the damage is discovered.
6.4 In case of force majeure Tournify can never be held liable for the compensation of any damage. Cases of force majeure are by example but not limited to: disturbance or breakdown of the internet or telecom infrastructure, power failures, riots, mobilization, war, obstruction of transport, strikes, exclusion, dysfunction of company processes, slowdown or halts in the supply chain, fire or floods.

Article 7. Term and termination

7.1 The upgrade of a Tournify package is effective immediately and is valid up to 24 hours after the tournament or competition.
7.2 Within this period, it is not allowed to use your upgrade for more than one tournament or competition.
7.3 If you take a monthly or yearly subscription, this agreement enters into force as you first use the service.
7.4 After this period the agreement is silently renewed with successive terms of the same period. If you entered into this agreement as a consumer, you may after the first silent renewal terminate the agreement at any time with a notice period of one month, calculated from the moment of notice. Non-consumers can terminate the agreement by the end of the term indicated in the previous clause with a notice period of two months.
7.5 Please note: it is not possible to export data you store or process using the service.

Article 8. Change to terms

8.1 Tournify is allowed to change these Terms of Use and the pricing at any time for your next purchase.
8.2 Tournify shall inform users before or when changes of or additions to these Terms of Use come into force. Changes in our pricing won’t affect earlier purchases or signed agreements.
8.3 In case you can’t agree with a change in or addition to these Terms of Use, you are allowed to cancel your agreement until and not later than 30 days after the changes or additions come into force. Use of Tournify longer than 30 days after the changes will be considered as acceptance of the changes and/or additions.

Article 9. Miscellaneous provisions

9.1 Dutch law applies to this agreement.
9.2 Except to the extent determined otherwise by mandatory applicable law, all disputes arising in connection to the Tournify tournament planner shall be brought before the competent Dutch court for the principal place of business of Tournify.
9.3 For any clause in these Terms of Use that demand that a statement must be done “in writing” to be legally valid, a statement by email or communication through the Tournify service shall be sufficient provided with sufficient certainty the authenticity of the sender can de be established and the integrity of the statement has not been compromised.
9.4 The version of any communication of information as recorded by Tournify shall be deemed to be authentic, unless you supply proof to the contrary.
9.5 In case any part of these Terms of Use is declared legally invalid, this shall not affect the validity of the whole agreement. The parties shall in such an event agree on one or more replacement provisions that approximate the original intent of the invalid provision(s) within the limits of the law.
9.6 Tournify is entitled to transfer its rights and obligations under this agreement to a third party as part of an acquisition of Tournify or associated business activities.

Appendix 1: Processing personal data

If Tournify processes personal data, for example because you enter referees' names or store personal data from teams, the following terms and conditions are applicable - in addition to the Terms of Use.

Article 1. General

1.1 The terms defined in this annex in the General Data Protection Regulation (hereinafter: "GDPR") have the meaning assigned to them in the GDPR.
1.2 When processing personal data, you can be regarded as the controller, or as a processor if you are processing personal data for a third party. Tournify fulfills the role of processor or sub-processor (depending on the capacity in which you process the personal data).

Article 2. Purposes of the processing

2.1 Tournify undertakes to process personal data on your behalf under the terms of use. The processing will only take place in the context of the use of the Tournify tournament software, plus any purpose that is reasonably related thereof or that are specifically determined with further consent.
2.2 Tournify will not process the personal data for any purpose other than as determined by you. Tournify will inform you of the processing purposes insofar as they are not already mentioned in this appendix. The addendum to this appendix specifies the categories of data subjects and personal data concerned.
2.3 Tournify has no control over the purpose and means of the processing of personal data. Tournify does not make decisions about the receipt and use of personal data, the provision to third parties and the duration of the storage of personal data.

Article 3. Obligations Tournify

3.1 With regard to the processing operations referred to in Article 2, Tournify will ensure compliance with the conditions set for the processing of personal data under the GDPR.
3.2 Tournify will process personal data and any other data that will be provided to Tournify by you or on youror on behalf of you.
3.3 Tournify will inform you, upon request and within a reasonable period of time, of the measures it has taken with regard to its obligations under this annex.
3.4 Tournify's obligations arising from this appendix also apply to those who process personal data under Tournify's authority.
3.5 Tournify will notify you if, in our opinion, an instruction from you conflicts with relevant privacy laws and regulations.
3.6 Tournify will provide you with the necessary cooperation if a data protection impact assessment, or prior consultation of the supervisory authority, is necessary within the context of the processing.

Article 4. Transfer of personal data

4.1 Tournify may process personal data in countries within and outside the European Union, with due observance of the relevant laws and regulations.
4.2 Tournify will inform you, at its request thereto, which country or countries are involved.

Article 5. Division of responsibility

5.1 Parties will ensure compliance with applicable privacy laws and regulations.
5.2 The permitted processing operations will be performed by Tournify within a (semi)-automated environment.
5.3 Tournify is solely responsible for the processing of personal data under this appendix, in accordance with your instructions and under your explicit (final) responsibility. Tournify is not responsible for all other processing of personal data, including but not limited to the collection of personal data by you, processing for purposes not reported by you to Tournify, processing by third parties and/or for other purposes. The responsibility for these processing operations rests exclusively with you.
5.4 You guarantee that the content, use and instruction to process personal data, as referred to in this appendix, are not unlawful and do not infringe any third-party rights.

Article 6. Engaging third parties or subcontractors

6.1 You hereby grant Tournify permission to engage third parties (sub-processors) for the processing.
6.2 At your request, Tournify will inform you as soon as possible about the sub-processors it has engaged. You have the right to object to the engagement of a sub-processor. This objection must be submitted in writing, supported by arguments, within two (2) weeks.
6.3 Tournify unconditionally ensures that these third parties assume the same obligations in writing as agreed between you and Tournify. Tournify guarantees correct compliance with these obligations by these third parties.

Article 7. Security

7.1 Tournify will make every effort to take appropriate technical and organisational measures with regard to the processing of personal data to be carried out, against loss or against any form of unlawful processing (such as unauthorised access, impairment, modification or provision of personal data).
7.2 Tournify does not guarantee that the security is effective under all circumstances. Tournify will make every effort to ensure that the security meets a level that is not unreasonable given the state of the art, the sensitivity of personal data and the costs associated with taking the security measures.
7.3 You only make personal data available to Tournify for processing if you are assured that the required security measures have been taken. You are responsible for compliance with the measures agreed between us.

Article 8. Reporting obligation

8.1 In the event of a security breach and/or a data breach (which is also understood to mean: a breach of security that, accidentally or unlawfully, leads to the destruction, loss, alteration, unauthorised disclosure or access to transmitted, stored or otherwise generated data), Tournify will make every effort to inform you about this as soon as possible, on the basis of which you may assess whether it will inform the supervisory authorities and/or data subjects or not. Tournify makes every effort to ensure that the information provided is complete, correct and accurate.
8.2 If required by law and/or regulations, Tournify will cooperate in informing the relevant authorities and any involved parties. You are responsible for reporting to the relevant authorities.
8.3 The reporting obligation in any case includes reporting the fact that there has been a breach, as well as:

  • What the (alleged) cause of the breach is;
  • What is the (as yet known and/or expected) consequence;
  • What is the (proposed) solution;
  • What are the measures already taken;
  • Contact details for the follow-up of the report;
  • Who has been informed (such as the data subject itself, you, supervisor).
Article 9. Handling requests from data subjects

9.1 In the event that a data subject sends a request about his personal data to Tournify, Tournify will forward the request to you and inform the data subject. You will then further handle the request independently. If it turns out that you need help from us for the execution of a request from a data subject, Tournify will cooperate and Tournify may charge costs for this.

Article 10. Secrecy and confidentiality

10.1 All personal data that Tournify receives from you and/or collects itself within the context of this appendix are ​​subject to a duty of confidentiality towards third parties. Tournify will not use this information for a purpose other than that for which it obtained it, unless it has been brought in such a form that it cannot be traced back to those involved.
10.2 This confidentiality obligation does not apply:

  • Insofar as you have given explicit permission to provide the information to third parties; or
  • If the provision of the information to third parties is logically necessary for the use of the Tournify tournament software; and * If there is a legal obligation to provide the information to a third party.
Article 11. Audit

11.1 You have the right to have audits carried out by an independent ICT expert who is bound by confidentiality to verify compliance with all points from this appendix.
11.2 This audit will only take place after you have requested and assessed the similar audit reports present at Tournify and have submitted reasonable arguments that still justify an audit initiated by you. Such an audit is justified if the similar audit reports present at Tournify provide no or insufficient information about the compliance with this appendix by Tournify. The audit initiated by you will take place once a year starting two weeks after prior announcement by you.
11.3 Tournify will cooperate with the audit and provide all information reasonably relevant to the audit, including supporting data such as system logs, and make employees available as timely as possible and within a reasonable period of time, whereby a maximum period of two weeks is reasonable unless an urgent interest opposes this.
11.4 The findings resulting from the audit performed will be assessed by us and you in mutual consultation and, as a result thereof, the may or may not be implemented by one of the parties or by both parties jointly.
11.5 The reasonable costs for the audit will be borne by you, on the understanding that the costs for the ICT expert to be hired will always be borne by you.

Article 12. Duration and cancellation

12.1 The appendix has been entered into for the duration of the cooperation. That is, from the moment you create an account until you delete it.
12.2 The agreements within the appendix cannot be cancelled in the meantime.
12.3 The parties may only amend this appendix by mutual agreement.
12.4 After termination of the cooperation, Tournify will immediately destroy the personal data received from you, unless the parties agree otherwise.