END USER LICENSE AGREEMENT AND TERMS OF SERVICE
Effective Date: January 10, 2021
This End User License Agreement and Terms of Service (this 'EULA') is a binding contract between you, an individual user ('you') and 2GO Systems OU ('RallyGO Operator,' 'we,' 'us' or 'our', 'operator') governing your use of the mobile software applications that RallyGO makes available for download (individually and collectively, the 'App'), the related website located at www.RallyGO.eu and any other online properties owned or controlled by or on behalf of RallyGO (collectively with the App, the 'Service').
Material Terms : As provided in greater detail in this EULA (and without limiting the express language of this EULA), you acknowledge the following:
- - the Service is licensed, not sold, to you, and you may use the Service only as set forth in this EULA;
- - you use the Service at your sole risk, and you should consult with a physician or other health care professional before commencing use of the Service;
- - the use of the Service may be subject to separate third-party terms of service and fees, including, without limitation, your mobile network operator's (the 'Carrier') terms of service and fees, including fees charged for data usage and overage, which are your sole responsibility;
- - we provide the App to you on an 'as is' basis without warranties of any kind and RallyGO Operator's liability to you is limited;
- - disputes arising between you and RallyGO Operator will be resolved by binding arbitration. By accepting this EULA, as provided in greater detail in section 11 below, you and RallyGO are each waiving the right to a trial by jury or to participate in a class action.
1. General Terms and Conditions
Changes to this EULA
You understand and agree that we may change this EULA at any time without prior notice. The revised EULA will become effective at the time of posting unless specified otherwise. Any use of the Service after the effective date will constitute your acceptance of such revised EULA. If you find any change to this EULA or the Service unacceptable, then your sole remedy is to stop accessing, browsing, and otherwise using the Service.
The Service is controlled and operated by 2GO Systems OU registered under registration number 14961466 from its offices in Tallinn, Estonia. RallyGO Operator makes no assurance that materials on the Service are appropriate, lawful, or available for use in any locations other than European Union. Those who choose to access or use the Service from locations outside the European Union do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. Access to the Service from jurisdictions where the contents or practices of the Service are illegal, unauthorized, or penalized is strictly prohibited.
The service is not for persons under the age of 13 or for any users previously suspended or removed from the service by the operator. IF YOU ARE UNDER 13 YEARS OF AGE, YOU MUST NOT USE OR ACCESS THE SERVICE AT ANY TIME OR IN ANY MANNER. IF YOU ARE ABOVE 13 YEARS OF AGE, YOU ARE ALLOWED TO USE USE OR ACCESS THE SERVICE UPON YOUR LEGAL REPRESENTATIVE CONSENT. By accessing or using the Service, you affirm that either you are at least 18 years of age or you have been authorized to use the Service by your parent or legal guardian who is at least 18 years of age.
2. The Service
The Service provides you with the opportunity to create your own Team and sign into any events we support. If you are an organizer, you can purchase the ability to create an event and manage it with tools provided by RallyGO.
The Service will be accessible via a mobile phone, tablet, or other wireless device (collectively, 'Mobile Services'). Your mobile carrier's normal messaging, data, and other rates and fees will apply to your use of the Mobile Services. In addition, downloading, installing, or using certain Mobile Services may be prohibited or restricted by your mobile carrier, and not all Mobile Services may work with all carriers or devices. Therefore, you are solely responsible for checking with your mobile carrier to determine if the Mobile Services are available for your mobile device(s), what restrictions, if any, may be applicable to your use of the Mobile Services, and how much they will cost you.
While you may always browse the public-facing portions of the Service without registering with us, in order to enjoy the full benefits of the Service, you must download the App and create an account with us (an 'Account') by registration form on https://rallygo.eu/ or via the mobile app directly.
You are responsible for the security of your Account and are fully responsible for all activities that occur through the use of your credentials. You may not share the credentials for your Account with any third party. You agree to notify RallyGO immediately at support@RallyGO.eu if you suspect or know of any unauthorized use of your log-in credentials or any other breach of security with respect to your Account. RallyGO will not be liable for any loss or damage arising from unauthorized use of your credentials prior to you notifying RallyGO of such unauthorized use or loss of your credentials.
Accuracy of Information
When creating an Account, you will provide true, accurate, current, and complete information to RallyGO. You will update the information about yourself promptly, and as necessary, to keep it current and accurate. We reserve the right to disallow, cancel, remove, or reassign certain usernames and permalinks in appropriate circumstances, as determined by us in our sole discretion, and may, with or without prior notice, suspend or terminate your Account if activities occur on your Account which, in our sole discretion, would or might constitute a violation of this EULA, cause damage to or impair the Service, infringe or violate any third party rights, damage or bring into disrepute the reputation of RallyGO, or violate any applicable laws or regulations. If messages sent to the e-mail address you provide are returned as undeliverable, then RallyGO may terminate your Account immediately without notice and without any liability.
Initial accounts creation
In order to enjoy the benefits of the Service, you do not need to make any payments.
In order to unlock additional features or join paid events
It might be required by the user to make payments on the platform.
Forms of payment
Customers can choose the following forms of payment: BLIK payments, credit or debit card, wire transfer via Stripe limited (https://stripe.com).
Refunds for event participants
In case you, as a participant in an event organized via the RallyGO platform, require a refund due to it not meeting your expectations, you need to contact the organizer of the event. RallyGO is not responsible for any refunds, invoices, or chargebacks related to events organized via its platform. All of those above are responsibilities of the event organizer.
5. Intellectual Property Rights
Subject to your complete and ongoing compliance with this Agreement, 2GO Systems OU hereby grants you a personal, limited, revocable, non-transferable license to access and use the Service solely for your use. 2GO Systems OU reserves all rights not expressly granted to you.
Except for User Content, the content that RallyGO operator provides to end users on or through the Service, including without limitation, text, graphics, photos, software, sound recordings (and the musical works embodied therein), and interactive features, may be protected by copyright or other intellectual property rights and owned by RallyGO or its third party licensors (collectively, the 'RallyGO Content'). You may not copy, reproduce, upload, republish, broadcast, transmit, retransmit, post, modify, create derivative works of, publicly perform, publicly display, use for commercial purpose or distribute any materials from the Service without prior express written permission of the owner of such material or as permitted by the Service's intended functionalities. Your use of RallyGO Content must be in compliance with applicable law. RallyGO reserves all rights on the part of its licensors; users are not permitted to infringe the rights of the copyright owners of the sound recordings included on the Service or any musical works embodied therein (collectively 'Music').
RallyGO trademarks, service marks, and logos (the 'RallyGO Trademarks') used and displayed on the Service are RallyGO's registered and unregistered trademarks or service marks. You may not use any Trademarks as part of a link to or from the Service without RallyGO operator's prior express written consent. You may not remove any Trademarks identifying the ownership or origin of any RallyGO Content. All goodwill generated from the use of any RallyGO Trademark will inure solely to RallyGO's benefit.
6. User Content
"User Content" means any content that users upload, post or transmit (collectively, 'Post') to or through the Service including, without limitation, any text, comments and other works subject to protection under the laws of Estonia or any other jurisdiction, including, but not limited to, patent, trademark, trade secret, and copyright laws, and excludes any and all RallyGO Content.
Screening User Content
RallyGO offers end users the ability to submit User Content to or transmit User Content through the Service. RallyGO does not pre-screen any User Content but reserves the right to remove, disallow, block, or delete any User Content in its sole discretion. RallyGO does not guarantee the accuracy, integrity, appropriateness, availability, or quality of any User Content, and under no circumstances will RallyGO be liable in any way for any User Content.
Licenses to User Content
While you retain ownership of any rights you may have in your User Content, you hereby grant RallyGO an unrestricted, assignable, sublicensable, revocable, royalty-free license throughout the universe to reproduce, distribute, publicly display, communicate to the public, publicly perform (including by means of digital audio transmissions and on a through-to-the-audience basis), make available, create derivative works from, retransmit from External Sites, and otherwise exploit and use (collectively, 'Use') all or any part of all User Content you Post to or through the Service by any means and through any media and formats now known or hereafter developed, for the purposes of:
- (I). advertising, marketing, and promoting RallyGO and the Service;
- (II). displaying and sharing your User Content to other users of the Service;
- (III). providing the Service as authorized by this EULA. You further grant RallyGO a royalty-free license to use your user name, image, voice, and likeness to identify you as the source of any of your User Content. Any User Content posted by you to or through the Service or transmitted to RallyGO will be considered non-confidential and non-proprietary and treated as such by RallyGO and may be used by RallyGO in accordance with this EULA without notice to you and without any liability to RallyGO.
You Must Have Rights to the Content You Post
You represent and warrant that:
- (I). you own the User Content Posted by you on or through the Service or otherwise have the right to grant the license set forth in this EULA;
- (II). the Posting and Use of your User Content on or through the Service does not violate the privacy rights, publicity rights, copyrights, contract rights, intellectual property rights, or any other rights of any person, including, but not limited to, the rights of any person visible in any of your User Content;
- (III). the Posting of your User Content on the Service will not require us to obtain any further licenses from or pay any royalties, fees, compensation, or other amounts or provide any attribution to any third parties;
- (IV). the Posting of your User Content on the Service does not result in a breach of contract between you and a third party. You agree to pay all monies owing and bear all responsibility in this respect to any person as a result of your Posting your User Content on the Service.
Waiver of Rights to User Content
By Posting User Content to or through the Service, you waive any rights to prior inspection or approval of any marketing or promotional materials related to such User Content. You also waive any and all rights of privacy, publicity, or any other rights of a similar nature in connection with your User Content, or any portion thereof. To the extent any moral rights are not transferable or assignable, you hereby waive and agree never to assert any and all moral rights or to support, maintain, or permit any action based on any moral rights that you may have in or with respect to any User Content you Post to or through the Service.
You agree not to Post any User Content to the Service that is or could be interpreted to be:
- (I). abusive, bullying, defamatory, harassing, harmful, hateful, inaccurate, infringing, libelous, objectionable, obscene, offensive, pornographic, shocking, threatening, unlawful, violent, vulgar, or in violation of any applicable laws (including laws related to speech);
- (II). promoting any product, good, or service, or bigotry, discrimination, hatred, intolerance, racism, or inciting violence (including suicide) (collectively, 'Objectionable Content'). The Posting of any Objectionable Content may subject you to third-party claims, and none of the rights granted to you in this EULA may be raised as a defense against such third-party claims. If you encounter any Objectionable Content on the Service, then please immediately email Support@RallyGO.eu. RallyGO, in its sole discretion, may take any actions it deems necessary and/or appropriate against any User who Posts Objectionable Content on the Service.
7. Restrictions on Use of the Service
In addition to any other restrictions set forth in this EULA and without limiting those restrictions, when using the Service, you agree not to: make unauthorized copies or derivative works of any content made available on or through the Service; use any device, software, or routine to interfere or attempt to interfere with the proper working of the Service; attempt to decipher, decompile, disassemble, or reverse engineer any of the software or source code comprising or making up the Service; delete or alter any material RallyGO or any other person or entity Posts on the Service; frame or link to any of the materials or information available on the Service; alter, deface, mutilate, or otherwise bypass any approved software through which the Service is made available; use any trademarks, service marks, design marks, logos, photographs, or other content belonging to RallyGO or obtained from the Service; provide any false personal information to RallyGO; create a new account with RallyGO, without RallyGO's express written consent, if RallyGO has previously disabled an account of yours; solicit or collect personal information from other Users; disclose personal information about a third person on the Service or obtained from the Service without the consent of that person; use the Service to send emails or other communications to persons who have requested that you not send them communications; use the Service, without RallyGO's express written consent, for any commercial or unauthorized purpose, including communicating or facilitating any commercial advertisement or solicitation or spamming; or violate any applicable federal, state, or local laws or regulations or the terms of this EULA.
8. External Sites
The Service may contain links to, or the ability to share information with, third-party websites ('External Sites'). RallyGO does not endorse any External Sites or the content made available on such External Sites. RallyGO is not responsible for the content of any External Sites and does not make any representations regarding the content or accuracy of any materials on such External Sites. You agree that RallyGO will have no liability to you arising from your use, engagement, exposure to, or interaction with any External Sites.
While we are continually working to develop and evaluate our own product ideas and features, we know we don’t have all the answers. We therefore welcome your feedback, comments, and suggestions. If you choose to contribute by sending RallyGO any ideas ('Feedback'), then regardless of what your accompanying communication may say, the following terms will apply. Accordingly, by sending Feedback to RallyGO, you agree that:
- RallyGO has no obligation to review, consider, or implement your Feedback, or to return to you all or part of any Feedback for any reason.
- Feedback is provided on a non-confidential basis, and RallyGO is not under any obligation to keep any Feedback you send confidential or to refrain from using or disclosing it in any way.
- You irrevocably grant RallyGO perpetual and unlimited permission to Use the Feedback and derivatives thereof for any purpose and without restriction, free of charge and without attribution of any kind, including by making, using, selling, offering for sale, importing, and promoting commercial products and services that incorporate or embody Feedback, whether in whole or in part, and whether as provided or as modified.
10. Notice and Procedure for Making Claims of Copyright or Other Intellectual Property Infringements
RallyGO respects the intellectual property of others and takes the protection of copyrights and all other intellectual property very seriously, and we ask our users to do the same. RallyGO may, in appropriate circumstances and at its discretion, disable and/or terminate the accounts of users who may be repeat infringers. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide RallyGO's Copyright Agent with the following information (your 'Notice'):
- a description of the copyrighted work or other intellectual property that you claim has been infringed;
- a description of where the material that you claim is infringing is located on the Service, with enough detail that we may find it on the Service;
- your address, telephone number, and email address;
- a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or intellectual property owner, its agent, or the law;
- a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf; and
- an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest.
RallyGO's Copyright Agent can be reached by mail at: 2GO Systems OU, Sepapaja tn 6, Tallinn 15551, Estonia, Attention: Copyright Agent; or by email at: support@RallyGO.eu.
This EULA is effective until terminated. RallyGO may terminate or suspend your use of the Service at any time and without prior notice, for any or no reason, including if RallyGO believes that you have violated or acted inconsistently with the letter or spirit of this EULA. Upon any such termination or suspension, your right to use the Service will immediately cease, and RallyGO may, without liability to you or any third party, immediately deactivate or delete your user name, password, and account, and all associated materials, without any obligation to provide any further access to such materials. Sections that by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, and limitations of liability.
12. Disclaimer of Warranties
The service is provided 'as is' and 'as available' and is without warranty of any kind, express or implied, including, but not limited to, the implied warranties of title, non-infringement, merchantability, and fitness for a particular purpose, and any warranties implied by any course of performance or usage of trade, all of which are expressly disclaimed. RallyGO, and its directors, employees, agents, suppliers, partners, and content providers do not warrant that: (a) the service will be secure or available at any particular time or location; (b) any defects or errors will be corrected; (c) any content or software available at or through the service is free of viruses or other harmful components; or (d) the results of using the service will meet your requirements. Your use of the service is solely at your own risk. Some states or countries do not allow limitations on how long an implied warranty lasts, so the above limitations may not apply to you.
13. Limitation of Liability
To the fullest extent permitted by applicable law, in no event shall rallygo, its affiliates, or their respective directors, officers, employees, agents, partners, suppliers, or content providers be liable for any indirect, incidental, punitive, exemplary, special, or consequential damages arising out of or in connection with your access to or use of, or inability to access or use, the service, whether based on warranty, contract, tort (including negligence), statute, or any other legal theory, and whether or not rallygo has been informed of the possibility of damage. Without limiting the foregoing, in no event shall rallygo or its affiliates, or their respective directors, officers, employees, agents, partners, suppliers, or content providers have any liability to you for any damages or losses whatsoever, including, but not limited to, lost profits, data loss, or any other indirect, incidental, punitive, exemplary, special, or consequential damages. The foregoing limitations of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction.
You agree to indemnify and hold harmless RallyGO, its affiliates, and their respective directors, officers, employees, agents, partners, suppliers, and content providers from and against any and all claims, demands, actions, causes of action, suits, proceedings, losses, damages, costs, and expenses, including reasonable attorneys' fees, arising from or relating to your use of the Service, including any User Content you Post, store, or otherwise transmit in connection with your use of the Service or your violation of this EULA, any law, or the rights of any third party.
15. Governing Law and Dispute Resolution
This EULA and your use of the Service shall be governed by and construed in accordance with the laws of Estonia, without resort to its conflict of law provisions. You agree that any action at law or in equity arising out of or relating to this EULA or the Service shall be filed only in the courts located in Estonia and you hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of such courts over any suit, action, or proceeding arising out of this EULA.
You may not assign or transfer this EULA, by operation of law or otherwise, without RallyGO's prior written consent. Any attempt by you to assign or transfer this EULA, without such consent, will be null and of no effect. RallyGO may assign or transfer this EULA, at its sole discretion, without restriction. Subject to the foregoing, this EULA will bind and inure to the benefit of the parties, their successors, and permitted assigns.
The failure of RallyGO to enforce any right or provision of this EULA will not constitute a waiver of future enforcement of that right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of RallyGO. Except as expressly set forth in this EULA, the exercise by either party of any of its remedies under this EULA will be without prejudice to its other remedies under this EULA or otherwise.
If any provision of this EULA is invalid, illegal, or unenforceable under applicable law, the remainder of this EULA will continue in full force and effect, and the invalid, illegal, or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision.
If you have any questions about this EULA or the Service, please contact RallyGO at support@RallyGO.eu.
17. THIRD PARTY DISPUTES
- a. To the fullest extent permitted by law, any dispute you have with any third party arising out of your use of the service, including, by way of example and not limitation, any carrier, copyright owner, or other user, is directly between you and such third party, and you irrevocably release the RallyGO parties from any and all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.
- b. The owners of any content licensed to RallyGO for use on the Service are intended beneficiaries of this EULA and shall have the right to enforce this EULA against you for any unauthorized use of their content in any court of competent jurisdiction. The provisions of Section 11 do not apply to any dispute between you and a third party licensor of content to RallyGO.
To the fullest extent permitted by law, you agree to defend, indemnify, and hold harmless the RallyGO Parties from and against any claims, actions or demands, including, without limitation, reasonable legal and accounting fees, arising or resulting from:
- a. your breach of this EULA;
- b. your access to, use, or misuse of RallyGO Content or the Service;
- c. your User Content. RallyGO will provide notice to you of any such claim, suit, or proceeding. RallyGO reserves the right to assume the exclusive defence and control of any matter which is subject to indemnification under this Section. In such case, you agree to cooperate with any reasonable requests assisting RallyGO's defense of such matter at your expense.
19. TERM AND TERMINATION OF THE EULA
- a. Term. As between you and RallyGO, the Term of this EULA commences as of your first use of the Service and continues until the termination of this EULA by either you or RallyGO.
- b. Termination. You may terminate this EULA by sending written notification to RallyGO at support@RallyGO.eu, deleting the App from your mobile device, and terminating all other uses of the Service. RallyGO reserves the right, in its sole discretion, to restrict, suspend, or terminate this EULA and your access to all or any part of the Service at any time without prior notice or liability if you breach any provision of this EULA. RallyGO may further terminate this EULA for any other reason upon ten (10) days notice to you using the email address associated with your account credentials. RallyGO reserves the right to change, suspend, or discontinue all or any part of the Service at any time without prior notice or liability.
- c. Sections 1, 3.b, 5.b, 5.c, 6.d, 6.e, 6.f, 7, 9, 11, 15, 16.c, 17, 20 and all defined terms used therein will survive the termination of this EULA indefinitely.
20. CONSENT TO ELECTRONIC COMMUNIACTIONS
21. CONTACT US
You may contact us in connection with your use of the Service by email at support@RallyGO.eu.
22. OPEN SOURCE SOFTWARE
The App contains certain open source software. Each item of open source software is subject to its own applicable license terms.
In case of issues related to the service provided by RallyGO, an organizer can raise a complaint up to 14 days after the event is finished. The complaints can be raised in following manner:
Via E-mail: firstname.lastname@example.org.
Via Post: 2GO Systems OÜ A.H.Tammsaare tee 47 11316 Tallinn ESTONIA