Updated March 2022
1. Welcome to Pllinx
Welcome to the Pllinx App. We are Pllinx Ltd (we, our, or us) and we operate the Pllinx app (App). The App aids in the recruitment process by linking student athletes who are seeking sport scholarships with college coaches. Student athletes and their parents/guardians are invited to join the App by their recruiter. We make the App available for download through an app store on your mobile device. Coaches will be able to search, connect, follow, message and short-list student athletes. Student athletes and their recruiters can build a profile which provides all relevant information about the athlete’s sporting and academic achievements for the purposes of engaging with college coaches.
We license you to use the App and any updates or supplements to it and the content we provide to you through it as permitted in these terms. If you download the App on to any phone or other device these terms apply and you will be responsible for complying with them.
PLEASE READ THESE TERMS CAREFULLY
BY DOWNLOADING THE APP YOU AGREE TO THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS PLEASE DO NOT DOWNLOAD OR USE THE APP.
2. App Store Terms Also Apply
The ways in which you can use the App may also be controlled by the Apple App Store and Google Play’s rules and policies [LINK TO RULES AND POLICIES] and their rules and policies will apply instead of these terms where there are differences between the two.
3. Your Use of the App, Setting up an Account and Your Content
The App requires an Apple or Android mobile telephone or handheld device which is using the current (or one previous) version of the IOS or Android operating system.
In return for your agreeing to comply with these terms you may:
- download or stream a copy of the App onto your mobile phone or handheld device after your recruiter has invited you to do so and view, use and display the App on such devices for your personal purposes only;
- use any documentation we provide to you (Documentation) to support your permitted use of the App;
- provided you comply with the Use Rules (in section 4 below) make up to one additional copy of the App and the Documentation for back-up purposes; and
- receive and use any free supplementary software code or update of the App incorporating "patches" and corrections of errors as we may provide to you.
- create an account with a username and password (Account) and build your athlete profile (Profile).
Once you have set up an Account you may upload and display information in your Profile for purposes of seeking a sports scholarship to participating colleges, which may include without limitation videos, photos, academic and athletic details, fitness statistics and other relevant information (Your Content).
You will be able to view Your Content, view content of other student athletes and communicate through the App with college coaches.
You are the owner of and will retain ownership of Your Content; however, we may collect aggregated and anonymised data from the App in order to develop and improve our Apps and to conduct user experience and other surveys.
You agree that you will be solely responsible for the accuracy, quality and legality of Your Content in relation to your use of the App and comply with all applicable laws in relation to your use of the App.
4. Use Rules
The following rules apply to your use of the App and you agree to comply with them (Use Rules):
- Ages from 18: You must be 18 or over to use the App and capable in your country of residence of entering into a legally binding agreement to use the App and accept these terms.
- Ages from 13-17: you may use the App only with parental or your guardian’s consent.
- You have a personal right to use the App as set out above. You may not transfer the App to someone else, whether for money, for anything else or for free. If you sell any device on which the App is installed, you must remove the App from it.
You must not
- act in an unlawful or unprofessional manner, including being dishonest, abusive or discriminatory.
- disclose information that you do not have the consent to disclose (such as confidential information of others) or misuse information obtained from the App; and
- create a false identity, impersonate another person or otherwise misrepresent who you are or your affiliation with a person or entity.
Your Content must not:
- infringe any rights of any third party, including without limitation to any intellectual property rights, privacy rights, and rights of publicity;
- be harmful, abusive, racially or ethnically offensive, defamatory, infringing, invasive of personal privacy or publicity rights, harassing, humiliating to other people (publicly or otherwise), libellous, threatening, airing personal grievances or disputes, uses bad or rude language or is otherwise inappropriate or objectionable, all at our discretion;
- constitute or contribute to a crime or tort;
- contain any information or content that is illegal or that you do not have a right to make available by law or under contractual or fiduciary relationships;
- contain any information or content that is known to be incorrect or any fake or false content.
You agree that you will not:
- Violate the intellectual property or other rights of Pllinx;
- Reverse engineer, decompile, disassemble, decipher or otherwise attempt to derive the source code for the App or any related technology;
- Attempt to interfere with, compromise the system integrity or security or decipher any transmissions to or from the servers running the App;
- Take or fail to prevent any action that imposes, or may impose at our sole discretion, an unreasonable or disproportionately large load on our infrastructure (such as, spam, denial of App attack, or viruses);
- Upload invalid data, viruses, worms, other harmful code or other software agents through the App;
- Interfere with the proper working of the App;
- Use the App to generate spam, advertising, junk mail, chain letters or similar content or message;
- use the App in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other users; and
- Collect or harvest any personally identifiable information, including account names or content of other athletes, from the App;
- Rent, lease, loan, trade, sell/re-sell access to the App or otherwise commercially exploit, or otherwise make the App and/or any content in the App available to any third party;
- Sell, sponsor, or otherwise monetise the App or any content;
- Remove any copyright, trademark or other proprietary rights notices contained in or on the App.
Updates to the App and Change to Terms
From time to time we may automatically update the App and change it to improve performance, enhance functionality, reflect changes to the operating system or address security issues. Alternatively, we may ask you to update the App for these reasons.
If you choose not to install such updates or if you opt out of automatic updates you may not be able to continue using the App.
The App will work with the current or previous version of the operating system (as it may be updated from time to time) and match the description of it provided to you when you bought it.
We may need to change these terms to reflect changes in law or best practice or to deal with additional features which we introduce. We will give you at least 30 days’ notice of any change by notifying you of a change when you next start the App. If you do not accept the notified changes you may continue to use the App in accordance with the existing terms, but certain new features may not be available to you.
6. Intellectual Property Rights
All intellectual property rights in the App throughout the world belong to us (or our licensors) and the rights in the App are licensed (not sold) to you. You have no intellectual property rights in, or to, the App other than the right to use it in accordance with these terms.
We do not claim any ownership rights in any of Your Content posted on or through the App. By posting Your Content on or through the App you grant to us a non-exclusive, fully paid up and royalty-free worldwide, limited license to use, modify, delete from and display Your Content in the App.
7. Personal Data
By using the App, you agree to us collecting and using technical information about the devices you use the App on and related software, hardware and peripherals to provide you the App and to improve it.
8. Our Responsibility to you for Loss or Damage Suffered
We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking these terms or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time you accepted these terms, both we and you knew it might happen.
We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors or for fraud or fraudulent misrepresentation.
When we are liable for damage to your property. If defective digital content that we have supplied in the App damages a device or digital content belonging to you, we will either repair the damage or pay you compensation. However, we will not be liable for damage that you could have avoided by following our advice to apply an update offered to you free of charge or for damage that was caused by you failing to correctly follow installation instructions or to have in place the minimum system requirements advised by us.
We are not liable for business losses. The app is for domestic and private use. If you use the app for any commercial, business or resale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
Limitations to the app and the services. The app is provided for general information purposes only. It does not offer advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of information obtained from the app. Although we make reasonable efforts to update the information provided by the app, we make no representations, warranties or guarantees, whether express or implied, that such information is accurate, complete or up to date.
Please back-up content and data used with the app. We recommend that you back up your content and data used in connection with the app, to protect yourself in case of problems with the app.
Check that the app and the services are suitable for you. The App has not been developed to meet your individual requirements. Please check that the facilities and functions of the App (as described on the appstore site and in the documentation) meet your requirements.
We are not responsible for events outside our control. If our provision of the App or support for the App is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event but if there is a risk of substantial delay you may contact us to end your contract with us.
We are not responsible for other websites you link to. The App may contain links to other independent websites which are not provided by us. Such independent sites are not under our control, and we are not responsible for and have not checked and approved their content or their privacy policies (if any). You will need to make your own independent judgement about whether to use any such independent sites, including whether to buy any products or services offered by them.
9. Closing your Account with us
You may close your Account at any time by emailing us at firstname.lastname@example.org with your request to close it. We will action your request as soon as possible after receiving it.
We may end your rights to use the App at any time by contacting you if you have broken these terms in a serious way. If what you have done can be put right, we will give you a reasonable opportunity to do so.
If we end your rights to use the App:
- you must stop all activities authorised by these terms, including your use of the App;
- you must delete or remove the App from all devices in your possession and immediately destroy all copies of the App which you have; and
- we may remotely access your devices and remove the App from them and cease providing you with access to the App.
10. Support and Contacting Us/You
If you want to learn more about the App, wish to contact us for any reason or have any problems using the App, please email us at email@example.com
If we have to contact you, we will do so by email using the contact details you have provided to us.
11. General Terms
Who we Are. The App is operated by Pllinx Ltd, a company established in Scotland (company number SC702880) and whose registered office is at 10 Newton Terrace, Charing Cross, Glasgow, G3 7PJ, United Kingdom. If you have any questions about this policy, please do get in touch at firstname.lastname@example.org
Transfer of the Agreement. We may transfer this agreement to someone else and we may transfer our rights and obligations under these terms to another organisation. If this happens, we will tell you in writing and ensure that the transfer does not affect your rights under this agreement.
You may only transfer your rights or your obligations under these terms to another person if we agree in writing.
No Rights for Third Parties. This agreement does not give rise to any rights to any third party to enforce any term of this agreement.
If any term is Illegal, the Rest will Continue. 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.
Delay in Enforcing this Agreement. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.
The Laws that Apply to this Agreement. These terms are governed by English law and you and we can bring legal proceedings in respect of our services in the English courts. If you live outside the United Kingdom, you may be able bring legal proceedings in respect of the services in your country of residence and these terms do not exclude any such mandatory legal rights as you or we may have, where we are not allowed to exclude them as a matter of law.