Effective Date: January 15, 2025
Welcome to Be A Sport (operated by Fursat Farms Private Limited, "we," "us," or "our"). These Terms and Conditions ("Terms") govern your access to and use of our website, platform, products, and services (collectively, "Services"). By accessing or using the Services, you agree to these Terms. If you do not agree, please do not use our Services.
We comply with Indian data protection laws, including the Information Technology Act, 2000, the Digital Personal Data Protection Act, 2023 (DPDP Act), and associated relevant guidelines. We are committed to protecting the privacy of sports data in accordance with these regulations.
Users retain ownership of all data submitted through the platform, including athlete profiles, performance data, training plans, and related information ("Customer Data"). By using the Services, you grant us a limited, non-exclusive license to access, process, store, and transmit the Customer Data solely for the purpose of providing the Services to you and as described in our Privacy Policy.
Data processing is carried out in accordance with data minimization principles and solely for the purposes specified in these Terms and our Privacy Policy, which include providing sports performance analysis, platform functionality, and service improvements.
Users are solely responsible for obtaining explicit and informed consent, as required under applicable laws and our Privacy Policy, prior to processing personal data and performance data within our Services, particularly data relating to athletes. This includes ensuring appropriate consent is obtained for collection, use, analysis, and potential sharing of data within the platform environment.
We implement reasonable security practices and procedures, as described in our Privacy Policy, including encryption, access controls, regular security audits, and data protection measures, to protect sensitive Customer Data from unauthorized access, use, or disclosure.
In the event of any suspected or confirmed data breach, Be A Sport will promptly notify the affected User(s) and cooperate with investigations to ensure compliance with applicable laws, including the DPDP Act and our data breach notification obligations.
To the extent that the Services involve the processing of sensitive personal data (as defined under applicable law, which might include biometric data, health data if specifically categorized as sensitive), additional safeguards are applied as outlined in our Privacy Policy. Users must ensure that any consent obtained explicitly covers the processing of such sensitive personal data for the specific purposes of utilizing the Be A Sport platform.
Users are solely responsible for drafting, delivering, and ensuring the compliance of any privacy notices they are required to provide to athletes, parents, or guardians regarding the collection and processing of their data within the Be A Sport platform and related to their use of our Services.
Be A Sport may provide optional resources or information to assist Users in understanding privacy notice requirements, but the final responsibility for drafting compliant and effective privacy notices lies with the User.
Customer Data is retained only as necessary to provide the Services, to fulfil the purposes outlined in our Privacy Policy, or as required by applicable law or legitimate business purposes (e.g., for audit trails, account management). Upon termination of the Services or at the User's request (subject to legal obligations), data will be securely deleted or anonymized in accordance with our data retention policy and applicable laws, unless otherwise legally required to be retained.
Users have the right to request data access, correction, export, or deletion of their Customer Data in compliance with applicable laws and as described in our Privacy Policy.
If Customer Data is transferred outside India, Be A Sport ensures compliance with Indian data localization requirements (where applicable) and provides adequate safeguards for data protection in accordance with applicable laws and our Privacy Policy. This may include relying on Standard Contractual Clauses or other lawful data transfer mechanisms.
All intellectual property rights in the Services, including but not limited to the software, algorithms, platform design, user interface, databases, logos, trademarks, and content provided by us (excluding User Content), belong to Fursat Farms Private Limited or its licensors and are protected by applicable intellectual property laws.
You retain ownership of the content you submit to the Services ("User Content"), including performance data, training plans, athlete profiles, and any other data you input. You grant us a worldwide, non-exclusive, royalty-free license to use, process, reproduce, modify, adapt, publish, and display the User Content solely for the purpose of providing and improving the Services and as necessary to operate the Be A Sport platform. This license is limited to the operation of the Services and does not grant us rights to commercially exploit your User Content independently of providing the Services to you.
You may not reproduce, distribute, modify, reverse engineer, decompile, or create derivative works from any part of the Services, including the software, design elements, or proprietary content, without prior written consent from us, except to the extent expressly permitted by applicable law. You shall not remove or alter any copyright notices, trademarks, or other proprietary markings contained within the Services.
Access to certain features, premium functionalities, or extended usage of the Services may require a subscription or payment of fees ("Subscription Fees"). Subscription Fees and applicable payment terms will be outlined at the time of purchase or subscription on our website or through our authorized sales channels.
You agree to pay all applicable Subscription Fees for the Services you select, in accordance with the pricing and payment terms presented to you. Payments may be recurring based on the subscription period chosen (e.g., monthly, annual). You authorize us to charge your chosen payment method for the Subscription Fees on a recurring basis.
Refunds, if any, will be governed by our Refund Policy, which is available on our website and may be updated from time to time. Please review our Refund Policy carefully before making a purchase or subscription.
All Subscription Fees are exclusive of applicable taxes, duties, levies, or similar governmental assessments. You are responsible for paying any such taxes imposed by any jurisdiction in connection with your use of the Services. Where we are required to collect taxes, we will include these in our invoices and you agree to pay them.
To the maximum extent permitted by law, we will not be liable for any indirect, incidental, special, or consequential damages, or any loss of profits, revenue, data, or goodwill arising out of or related to the Services or these Terms, even if we have been advised of the possibility of such damages.