Terms of Service and End-User License Agreement

PLEASE READ THE FOLLOWING TERMS CAREFULLY. IF YOU ARE UNDER THE AGE OF 18 YEARS, PLEASE HAVE YOUR PARENT/ LEGAL GUARDIAN READ THE FOLLOWING TERMS CAREFULLY.

PLEASE NOTE THAT THESE TERMS ARE NOT APPLICABLE TO ANY COMMERCIAL USE (SEE CLAUSE 5.3).



1. PRELIMINARY CLAUSE


1. These Terms of Service govern the provision to you and your use of the Software and Services, provided by:

  • G2 Systems (“We” or “we” or “us”), a company incorporated in Mumbai, India, and
  • you, an individual user (i.e., not a juridical person, but a natural person) having downloaded the Software and Services from any Authorised Source.

2. The Software and Services are provided “as is” and any express or implied warranties, including, but not limited to, the implied warranty of fitness for a particular purpose are disclaimed.

3. G2 Systems reserves the right to change, modify, add, or delete clauses and/or paragraphs in these Terms of Service at any time, in accordance with procedures described below in Clause 11.

 


2. COUNTRY FOR WHICH THE SOFTWARE AND/OR SERVICES ARE OFFERED


1. The Software and Services provided by G2 Systems are meant for Indian users and for use in the Republic of India.

2. G2 Systems has allowed other countries to use the Software and Services because of popular demand.

3. G2 Systems specifically makes no guarantee or warranty as to its fitness for use or lawfulness in these other countries.

4. If you are in any other country, you may have the benefit of more protective conditions under your applicable law, to which you will be entitled despite these contractual documents.

 


3. APPLICABLE CONTRACTUAL DOCUMENTS


1. Your use of the Software and Services is also governed by:

  • Our Privacy Policy, available at https://g2sportstech.com/privacy-policy;
  • The specifications and documentation of the Software and Services, which are provided with the Software and Services (referred to as “Documentation”). This Documentation provides, in particular, the compatibility requirements of the Software and Services and the manner of using them;

2. The above documents, as well as the Terms of Service, have been provided with the Software and Services. Therefore, they are on a durable medium (i.e., your phone). Any change in the terms and conditions or privacy policy will be communicated via email to all the users.

3. In the case of a conflict between these documents, and except as may be provided otherwise, the following order of priority shall apply:

  • Our Privacy Policy;
  • These Terms of Service;
  • The Documentation

 


4. DEFINITIONS


1. Unless context shows otherwise, the following definitions apply in these terms:

  • Software: the application as provided by G2 Systems.
  • Services: upgrades and updates associated with the Software, and other related services.
  • Authorised Source: play store for the download and installation of the Software and Services as authorised by G2 Systems (i.e., app stores such as the Google Play Store)
  • Documentation: the specifications and documentation pertaining to the Software and Services which are provided with the Software and Services.
  • Permitted Objective: a necessary objective as mentioned in Clause 6.4. (License restrictions).
  • Third Party: any natural or juridical person other than G2 Systems or you.
  • Intellectual Property Rights (“IPR”): patents, utility models, rights to inventions, copyright and neighbouring and related rights, moral rights, trademarks and service marks, business names and domain names, rights in get-up and trade dress, goodwill and the right to sue for passing off or unfair competition, rights in designs, rights in mobile application software, API integration and web hooks, database rights, rights to use, and protect the confidentiality of, confidential information (including know-how and trade secrets) and all other intellectual property rights, in each case whether registered or unregistered and including all applications and rights to apply for and be granted, renewals or extensions of, and rights to claim priority from, such rights and all similar or equivalent rights or forms of protection which subsist or will subsist now or in the future in any part of the world.

 


5. YOUR USE OF THE SOFTWARE AND SERVICES


5.1. Download and installation of the Software and Services

1. Pertaining to the download and installation of the Software and Services, it is your responsibility to ensure that you meet compatibility requirements as given in the Documentation.

2. The Software can be downloaded from any Authorised Source as defined in Clause 4.

3. G2 Systems takes no responsibility for unauthorised downloads and/or installation on any incompatible medium.

4. The ways in which you use the Software, Services and Documentation may also be controlled by the rules of the Authorised Source from where you download the Software. G2 Systems is not in any way responsible for your rights and obligations arising out of your acceptance of the terms and conditions, privacy policy, or other contractual documents of such an Authorised Source.

5.2. Pricing and payment for the Software and Services

1. The pricing for the Software and Services is announced in the Pricing Chart via Email to registered users, and it may be changed from time to time. The Pricing Chart will be given on Email or in the Documentation, at the sole discretion of G2 Systems.

2. No paid features will be activated until complete payment.

3. Payments may be made in the following manner:

  • through the Authorised Source or,
  • through G2 Systems direct billing, or
  • through third-party payment platforms provided by G2 Systems. G2 Systems is not in any way responsible for your rights and obligations arising out of your acceptance of the terms and conditions, privacy policy, or other contractual documents of such third-party payment platforms.

5.3. Personal and commercial use of Software and/or Services


1. The Software and/or Services is only permitted for personal use.

2. The Software and/or Services are not permitted for commercial use. If you wish to use the Software and/or Services commercially, please contact G2 Systems for a separate agreement.

5.4. Help and support

1. If you want to learn more about the Software and/or Services, or have any problems using them, please take a look at G2 Systems’ support resources at https://g2sportstech.com/.

2. If you think that the Software and/or Services are faulty or misdescribed or wish to contact G2 Systems for any other reason, please send an email at jitendra@g2sportstech.com, or call on +91 98334 31274.

3. This Clause 5.4 does not apply to formal notices as given under Clause 13 or 15, including notices in case of legal proceedings and disputes.



6. INTELLECTUAL PROPERTY


6.1. No cession or transfer of G2 Systems IPR

1. These terms do not provide for the cession or transfer of any G2 Systems IPR to you or any Third Party.


6.2. Ownership

All title, ownership rights and IPR in the Software and Services throughout the world belong to G2 Systems (or its licensors) and the rights in the Software and Services are licensed (not sold) to you. You have no IPR in, or to, the Software and Services other than the right to use them in accordance with these terms. Except as expressly set forth in these terms, all rights not granted hereunder to you are expressly reserved by G2 Systems.

6.3. Grant of license

1. Provided that you comply with these terms, G2 Systems grants you a limited, non-exclusive, non-transferable, revocable license (referred to as “License”) to use the Software, Services, and Documentation as provided by G2 Systems with the Software and Services.

2. You must in no event use, nor allow others to use, the Software and Services or this License for commercial purposes without obtaining a licence to do so from us.

3. You agree, to the extent permitted by applicable law, to indemnify and defend G2 Systems from and against any and all complaints, demands, damages, losses, costs, liabilities and expenses arising out of or relating in any way to your access to or your use of the Software and Services, your breach of these terms, or, in particular, your breach of this License.

4. You agree that you will:

  • Not rent, lease, sub-license, loan, provide, or otherwise make available, the Software and Services or in any form, in whole or in part, to any person without prior written consent from G2 Systems;
  • Not copy the Software and Services, except as part of the normal use of the Software and Services or where it is necessary for the purpose of back-up or operational security;
  • Not translate, merge, adapt, vary, alter or modify, the whole or any part of the Software and Services nor permit the Software and Services or any part of it to be combined with, or become incorporated in, any other programs, except as necessary to use the Software and Services on devices as permitted in these terms;
  • Not disassemble, de-compile, reverse engineer or create derivative works based on the whole or any part of the Software and Services nor attempt to do any such things, except to the extent that such actions cannot be prohibited because they are necessary to decompile the Software and Services to obtain the information necessary to create an independent program that can be operated with the Software and Services or with another program (“Permitted Objective”), and provided that (i) G2 Systems is given at least 15 days’ prior notice of such disassembly, decompilation, reverse engineering or creation of derivative works ; (ii) there is no objection from G2 Systems within 15 days thereafter and (iii) in any case, the information obtained by you during such activities:
    • Is not disclosed or communicated without G2 Systems’ prior written consent to any Third Party to whom it is not necessary to disclose or communicate it to achieve the Permitted Objective; and
    • Is not used to create any software that is substantially similar in its expression to the Software and Services;
    • Is kept secure; and
    • Is used only for the Permitted Objective;
  • Comply with all applicable technology control or export laws and regulations that apply to the technology used or supported by the Software and Services.

5. You must:

  • Not use the Software and Services in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with these terms, or act fraudulently or maliciously, for example, by hacking into or inserting malicious code, such as viruses, or harmful data, into the Software and Services or any operating system.
  • Not infringe G2 Systems’ IPR or those of any Third Party in relation to your use of the Software and Services (to the extent that such use is not licensed by these terms);
  • Not transmit any material that is defamatory, offensive or otherwise objectionable in relation to your use of the Software and Services;
  • Not use the Software and Services in a way that could damage, disable, overburden, impair or compromise G2 Systems’ systems or security or interfere with other users; and
  • Not collect or harvest any information or data from the Software and Services or G2 Systems’ systems or attempt to decipher any transmissions to or from the servers running the Software and Services.

6.4. Open-source components

1. To the extent where any component of the Software may be offered under an open-source license, G2 Systems will make that license available to you and the provisions of that license may expressly override some of these terms.

 


7. TERMINATION


1. G2 Systems reserves the right to terminate these Terms of Service and thereby your access to the Software and/or Services if:

  • You are in breach of these terms, or
  • Your use of the Software and/or Services would cause a real risk of harm or loss to G2 Systems or other users.

2. If G2 Systems is of the opinion that the grounds for termination under Clause 7.1 above can be remedied, it may, at its sole discretion, decide instead to suspend these Terms of Service and your access to the Software and/or Services, thereby giving you a reasonable opportunity to make the appropriate remedies.

3. If G2 Systems ends your access to the Software and/or Services:

  • You must stop all activities authorised by these terms, including your use of the Software and/or Services, and
  • You must delete/remove the Software from all devices in your possession and immediately destroy all copies of the Software which you have and confirm to G2 Systems that you have done this.

4. After your access to the Software and/or Services has been terminated, these terms will also be terminated, except the following Clauses that will survive after termination and apply to you and G2 Systems: Clauses 7, 9, 10, and Clauses 12 through 18.

 


8. ASSIGNMENT


1. G2 Systems may transfer its rights and obligation under these terms to another organisation or to any successor in the interest of business associated with the Software and/or Services.

2. You may not assign any of your rights under these terms in the absence of G2 Systems’ specific and written consent. Any attempt to do so will be void.

 


9. LIMITATION OF LIABILITY


1. References to liability in this Clause include every kind of liability arising under or in connection with this Agreement including but not limited to liability in contract, tort (including negligence), misrepresentation, restitution, deliberate default or otherwise.

2. Nothing in this Agreement limits any liability which cannot legally be limited under the Governing Law of this Agreement, or under any mandatory provision of law that is applicable to this Agreement.

3. If G2 Systems fails to comply with these terms, it is responsible for loss or damage you suffer that is a foreseeable result of G2 Systems breaking these terms. But G2 Systems is not responsible for any loss or damage that is not foreseeable.

4. In no case shall G2 Systems’ total liability exceed the total sums paid by you to G2 Systems in the two years preceding the date on which G2 Systems’ liability is invoked.

5. G2 Systems will not be liable for any indirect, special, or incidental loss or damages, which include, for reasons beyond the control of G2 Systems:

  • The loss of data or information;
  • The loss of use or corruption of Software and/or Services;

6. Furthermore, as these Terms of Service do not permit the commercial use of the Software or Services, G2 Systems shall in no event be liable for any harm arising from such commercial use such as :

  • Loss of reputation or goodwill;
  • Loss of profits, or
  • Loss of business.

7. Unless you notify G2 Systems that you intend to make a claim in respect of an event within the liability notice period, G2 Systems shall have no liability for that event. The aforesaid liability notice period for an event shall start on the day on which you became, or ought reasonably to have become, aware of the event having occurred and shall expire six (6) months from that date. The notice must be in writing and must identify the event and the grounds for the claim in reasonable detail. It must also comply with the requirements of Clause 13.

 


10. FORCE MAJEURE


1. G2 Systems will not be liable for any damages arising out of events outside its control, which include:

  • acts of God, flood, drought, earthquake, or other natural disaster;
  • epidemic or pandemic;
  • collapse of buildings, fire, explosion or accident;
  • terrorist attack, civil war, riots, war, threat of or preparation for war, armed conflict, state of national emergency, imposition of sanctions, embargo, or breaking off of diplomatic ties;
  • hacking events;
  • server downtimes and internet downtimes, or
  • loss of power to G2 Systems’ infrastructure;

11. CHANGES TO THE TERMS OR THE SOFTWARE AND/OR SERVICES


 


11.1. Changes to the terms

1. G2 Systems may need to change these terms to reflect changes in law or best practice or to deal with additional features which G2 Systems introduces. G2 Systems reserves the right, in its sole and absolute discretion, to revise, update, change, modify, add to, supplement, or delete certain clauses and/or paragraphs of these terms for security, legal, best practice or regulatory reasons.

2. If you do not accept the notified changes, you will not be permitted to continue to use the Software and/or Services. You may apply to the Authorised Source or G2 Systems for a refund, which will reflect the period the Software and/or Services have been available to you prior to cancellation.


11.2. Changes to the Software and/or Services

1. From time to time, G2 Systems may automatically update the Software and/or Services to improve performance, enhance functionality, reflect changes to the operating system or address security issues. Alternatively, G2 Systems may ask you to update the Software for these reasons.

2. If you choose not to install such updates or if you opt out of automatic updates, you will not be able to continue using the Software and/or Services.

 


12. WAIVER AND SEVERANCE


12.1. No waiver


1. G2 Systems’ failure to enforce a provision in these terms is not a waiver of the right to do so later.

 


12.2. Severance


1. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.

 


13. NOTICES


1. Any notice or other communication given to any party under or in connection with these terms shall be in writing and shall be:

  • delivered by hand or by registered post or any other delivery service to the registered address or place of business of the party, with an acknowledgement of receipt, or
  • sent by email to such email address or addresses from jitendra@g2sportstech.com, with an acknowledgement of receipt.

2. This does not apply to any service of proceedings or any documents in any legal action or arbitration or any other method of dispute resolution, the service of which will be governed by the rules applicable to the said legal proceeding.

 


14. GOVERNING LAW


1. These Terms of Service or any dispute or claim arising out of these terms shall be governed by the law of India.

2. The above clause does not, however, have the result of depriving you of the protection afforded to you by provisions that cannot be derogated from by agreement by virtue of the law which, in the absence of the above clause, might have been applicable to you (see in particular, Article 6(2) of Regulation No 593/2008 or its successor and/or analogous legal provisions in other jurisdictions).

 


15. AMICABLE RESOLUTION OF DISPUTES


1. G2 Systems wants to address your concerns without needing a formal legal case. Before filing a claim against G2 Systems, you agree to try to resolve the dispute informally by contacting G2 Systems at jitendra@g2sportstech.com. We’ll try to resolve the dispute informally by contacting you via email. If a dispute is not resolved within 30 days of submission, you or G2 Systems may bring a formal proceeding.

 


16. JURISDICTION


1. You and G2 Systems agree that any and all legal proceedings to resolve claims relating to these terms or the Software and/or Services shall be brought in the courts of Mumbai, India. Both you and G2 Systems agree to the venue and personal jurisdiction of such courts.

2. If you reside in a country (e.g., a member state of the European Union) with laws that give consumers the right to bring legal proceedings in their local courts, the paragraph above does not affect those requirements.

 


17. RENUNCIATION OF CLASS ACTION


1. As regards any and all disputes and to the extent permitted by the applicable laws and regulations, you waive your right to, and agree to not, bring any class actions against G2 Systems. You may only resolve disputes with G2 Systems on an individual basis and may not bring a claim as a plaintiff or a class member in a class, consolidated, or representative action. In particular, you waive your right to any class arbitrations, class actions, private attorney general actions, and consolidation with other arbitrations.

2. G2 Systems may, in its sole discretion, propose or agree to consolidation of proceedings in certain disputes. Such a consolidation shall require the consent of all parties to the dispute or, as the case may be, the application of the applicable rules of procedure governing the dispute.

 


18. THIRD PARTY RIGHTS


1. Unless it is expressly stated otherwise, these terms do not give rise to any rights for a Third Party to enforce any of these terms.

2. The rights of G2 system to terminate, rescind or agree any variation, waiver or settlement under these terms are not subject to the consent of any other person.