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Terms and Conditions

Last updated: November 8, 2025

Welcome to Fractall. These Terms and Conditions ("Terms") govern your access to and use of our platform and services. By accessing or using Fractall, you agree to be bound by these Terms and our Privacy Policy. If you do not agree to these Terms, please do not use our services.

1. Definitions

"Service" refers to the Fractall platform and all related services, features, and functionality.

"User", "you", or "your" refers to any individual or entity using our Service.

"We", "us", or "our" refers to Fractall and its affiliates.

"Content" refers to any data, text, images, videos, or other materials uploaded to or generated on our platform.

2. Acceptance of Terms

By creating an account, accessing our platform, or using our services, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you are using the Service on behalf of an organization, you represent and warrant that you have the authority to bind that organization to these Terms.

3. User Accounts

3.1 Registration: To access certain features of our Service, you must create an account. You agree to provide accurate, current, and complete information during registration and to update such information to keep it accurate.

3.2 Account Security: You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You must notify us immediately of any unauthorized use of your account.

3.3 Age Requirements: You must be at least 13 years old to use our Service.

4. Data Protection and GDPR Compliance

4.1 GDPR Compliance: We are committed to protecting your personal data in accordance with the General Data Protection Regulation (GDPR) and other applicable data protection laws. We process personal data only for specified, explicit, and legitimate purposes.

4.2 Data Controller: Fractall acts as the data controller for personal data processed through our Service. We determine the purposes and means of processing your personal data.

4.3 Legal Basis for Processing: We process your personal data based on one or more of the following legal bases:

  • Your consent (which you may withdraw at any time)
  • Performance of a contract with you
  • Compliance with legal obligations
  • Our legitimate business interests

4.4 Data We Collect: We collect and process the following categories of personal data:

  • Identity data (name, date of birth, gender, nationality)
  • Contact data (email address, phone number)
  • Profile data (club affiliation, role, preferences)
  • Usage data (how you interact with our Service)
  • Technical data (IP address, browser type, device information)
  • Performance data (athletic metrics, training data)

4.5 How We Use Your Data: We use your personal data to:

  • Provide, maintain, and improve our Service
  • Process your registration and manage your account
  • Communicate with you about our Service
  • Analyze usage patterns and optimize user experience
  • Produce anonymized and aggregated statistical studies and insights that do not identify individual users or athletes
  • Comply with legal obligations and enforce our policies
  • Prevent fraud and ensure platform security

4.6 Data Retention: We retain your personal data only for as long as necessary to fulfill the purposes for which it was collected, comply with legal obligations, or resolve disputes. When data is no longer needed, we securely delete or anonymize it.

4.7 Your Rights: Under GDPR, you have the following rights:

  • Right to Access: Request a copy of your personal data
  • Right to Rectification: Correct inaccurate or incomplete data
  • Right to Erasure: Request deletion of your data ("right to be forgotten")
  • Right to Restrict Processing: Limit how we use your data
  • Right to Data Portability: Receive your data in a structured, machine-readable format
  • Right to Object: Object to certain processing activities
  • Right to Withdraw Consent: Withdraw consent at any time where processing is based on consent

To exercise any of these rights, please contact us at [email protected]. We will respond to your request within 30 days.

4.8 Data Security: We implement appropriate technical and organizational measures to protect your personal data against unauthorized access, alteration, disclosure, or destruction. These measures include encryption, access controls, and regular security assessments.

4.9 International Data Transfers: Your data may be transferred to and processed in countries outside the European Economic Area (EEA). We ensure such transfers comply with GDPR through appropriate safeguards such as Standard Contractual Clauses or adequacy decisions.

4.10 Data Breach Notification: In the event of a data breach that poses a risk to your rights and freedoms, we will notify you and the relevant supervisory authority within 72 hours as required by GDPR.

5. User Content and Data

5.1 Ownership: You retain all rights to the content you upload to our Service. By uploading content, you grant us a limited license to use, store, and display that content solely to provide our Service to you.

5.2 Responsibility: You are solely responsible for the content you upload and the consequences of sharing it. You must ensure you have the necessary rights to upload and share any content.

5.3 Prohibited Content: You must not upload content that is illegal, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, or otherwise objectionable.

6. Acceptable Use

You agree not to:

  • Use the Service for any illegal or unauthorized purpose
  • Violate any laws, regulations, or third-party rights
  • Attempt to gain unauthorized access to our systems or user accounts
  • Interfere with or disrupt the Service or servers
  • Use automated systems to access the Service without permission
  • Impersonate any person or entity or misrepresent your affiliation
  • Transmit viruses, malware, or other harmful code
  • Collect or harvest personal information without consent

7. Intellectual Property

The Service, including its design, features, graphics, and content (excluding user content), is owned by Fractall and protected by copyright, trademark, and other intellectual property laws. You may not copy, modify, distribute, or create derivative works based on our Service without our express written permission.

8. Third-Party Services

Our Service may contain links to or integrate with third-party services. We are not responsible for the content, privacy practices, or terms of service of these third parties. Your use of third-party services is at your own risk and subject to their respective terms.

9. Subscription and Payment

9.1 Fees: Certain features of our Service may require payment. By subscribing to a paid plan, you agree to pay all applicable fees as described at the time of purchase.

9.2 Billing: Subscription fees are billed in advance on a recurring basis (monthly or annually) and are non-refundable except as required by law.

9.3 Cancellation: You may cancel your subscription at any time. Upon cancellation, you will continue to have access until the end of your current billing period.

10. Termination

We reserve the right to suspend or terminate your account and access to the Service at our discretion, without notice, for conduct that we believe violates these Terms or is harmful to other users, us, or third parties, or for any other reason. Upon termination, your right to use the Service will immediately cease, and we may delete your account and data.

11. Disclaimers

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE. WE DISCLAIM ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

We do not guarantee the accuracy, completeness, or usefulness of any information on the Service and do not endorse any user content or third-party materials.

12. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, FRACTALL SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, REVENUE, DATA, OR USE, ARISING OUT OF OR RELATED TO YOUR USE OF THE SERVICE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR TOTAL LIABILITY SHALL NOT EXCEED THE AMOUNT YOU PAID TO US IN THE 12 MONTHS PRECEDING THE CLAIM.

13. Indemnification

You agree to indemnify, defend, and hold harmless Fractall and its officers, directors, employees, and agents from any claims, liabilities, damages, losses, and expenses, including legal fees, arising out of or related to your use of the Service, your violation of these Terms, or your violation of any rights of another.

14. Governing Law and Disputes

14.1 Governing Law: These Terms shall be governed by and construed in accordance with the laws of the jurisdiction in which Fractall is established, without regard to its conflict of law provisions.

14.2 Dispute Resolution: Any disputes arising from these Terms or your use of the Service shall be resolved through good faith negotiation. If negotiation fails, disputes may be submitted to binding arbitration or resolved in the courts of the applicable jurisdiction.

15. Changes to Terms

We reserve the right to modify these Terms at any time. We will notify you of material changes by posting the updated Terms on our website and updating the "Last updated" date. Your continued use of the Service after such changes constitutes your acceptance of the new Terms.

16. Cookies and Tracking Technologies

We use cookies and similar tracking technologies to improve your experience, analyze usage, and deliver personalized content. You can control cookie preferences through your browser settings. For more information, please see our Cookie Policy.

17. Contact Information

If you have any questions about these Terms or wish to exercise your data protection rights, please contact us:

Email: [email protected]

Data Protection: [email protected]

Data Protection Officer (DPO): [email protected]

You also have the right to lodge a complaint with your local data protection supervisory authority if you believe your rights under GDPR have been violated.

18. Miscellaneous

18.1 Severability: If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions will remain in full force and effect.

18.2 Waiver: Our failure to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision.

18.3 Entire Agreement: These Terms, together with our Privacy Policy, constitute the entire agreement between you and Fractall regarding the Service.

18.4 Assignment: You may not assign or transfer these Terms without our prior written consent. We may assign these Terms without restriction.

By using Fractall, you acknowledge that you have read and understood these Terms and Conditions and agree to be bound by them.

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