App terms of use

These terms are an agreement between you and Arkilon Ltd for your use of the Openside app for iPhone and Android (“the app”). By installing or using the app you accept them. Please read them with the app's privacy policy.

Who we are

The app is made by Arkilon Ltd, a company registered in Scotland (company number SC730513), whose registered office is at 48, 2/3 West George Street, Glasgow G2 1BP, United Kingdom. You can reach us at hello@openside.club.

The app and your club

The app lets members of rugby clubs whose websites run on Openside use their club's site from their phone: to record matches, see the calendar, and look after their profile.

• To use it you need an account on a club's Openside site, which the club gives you. Your membership and your account are between you and your club, and its own terms and policies apply to them.
• What you can do in the app (for example, whether you can record matches) is up to your club.
• Clubs pay us for Openside under our terms for clubs. The app is free for you, with no purchases or adverts in it.

Age

You must be 18 or over to use the app.

Your licence to use the app

We give you a personal, non-exclusive, non-transferable licence to install and use the app on phones you own or control, for your own use with your clubs, under these terms and the rules of the store you got it from. We, and our licensors, keep all other rights in the app, its name and its design. The app includes some open-source software, each part under its own licence; for those parts, their licences take precedence over these terms.

Using it fairly

Please don't:

• record events you know to be false, or use the recorder to mislead your club or anyone else;
• add anything to your profile that's unlawful, abusive, or someone else's without their permission;
• use someone else's account, or let someone else use yours;
• try to get into parts of a club's site you're not allowed to, interfere with it, or overload it;
• copy, change or reverse-engineer the app, except as far as the law allows you to whatever this says.

If you do, your club may close your account, and we may stop the app working for you.

What you add

Your profile, your photo and the matches you record are sent to your club's site. You keep any rights you have in them, and you let your club use them to run the club and its site (for example, showing results and scorers, or your profile if you choose to be shown). Your club decides how they're kept and used, under its privacy policy. We handle them only for your club, to run its site and the app.

Match records are about the match. If you delete your account, events you recorded stay in your club's records as part of the match.

Recording matches

The recorder is built to keep working with no signal: everything you record is saved on your phone first and sent when there's a connection. To keep it safe:

• Don't delete the app, or sign out of the club, while events are waiting to be sent. The Match tab shows when anything's waiting.
• Check the score and timeline before you leave the ground. You can fix any line until your club locks the match.

Your club's site is the official record; the app is a way of adding to it. Scores and results are your club's responsibility, not ours.

Availability and changes

We work hard to keep the app working well, and we'll fix faults we find out about. But we can't promise it'll always be available, free from faults, or work with every phone, every version of iOS or Android, or every club's site. We'll update the app from time to time, to add or change features or fix problems, and you may need the latest version to keep using it with your club. If your club leaves Openside, the app will stop working for that club.

Apple and Google

If you got the app from Apple's App Store:

• These terms are between you and us, not Apple. We, not Apple, are responsible for the app, its content, its maintenance and support.
• Your licence lets you use the app on Apple-branded products you own or control, as the App Store's Usage Rules allow (including Family Sharing).
• If the app fails to meet a warranty that applies to it, you can tell Apple, and Apple will refund the price you paid for it (which is nothing). Apple has no other warranty obligation for the app, as far as the law allows.
• We, not Apple, are responsible for dealing with any claims about the app or your use of it, including product liability claims, claims that it doesn't meet a legal or regulatory requirement, and claims under consumer protection, privacy or similar laws.
• If anyone claims the app or your use of it infringes their intellectual property, we, not Apple, will be responsible for investigating, defending, settling and discharging the claim.
• You confirm you're not in a country subject to a U.S. Government embargo or designated as “terrorist supporting”, and not on any U.S. Government list of prohibited or restricted parties.
• Apple and its subsidiaries are third-party beneficiaries of these terms, and once you accept them Apple may enforce them against you.

If you got the app from Google Play, Google Play's terms of service also apply to your download, and Google is not responsible for the app.

Questions, complaints and claims about the app should come to us at hello@openside.club.

Our responsibility to you

Nothing in these terms limits your rights as a consumer, or our liability for death or personal injury caused by our negligence, for fraud, or for anything else the law doesn't let us limit.

The app is free and provided for personal, non-commercial use. As far as the law allows, we aren't responsible for losses that weren't foreseeable, for business losses, or for the content clubs and their members add. If digital content we supply damages your phone or other digital content because we didn't use reasonable care and skill, we'll repair the damage or compensate you.

Ending

You can stop using the app whenever you like: delete your account in Me if you want your club's site to forget you, then delete the app. We may stop offering the app, or stop it working for you if you seriously or repeatedly break these terms; where we reasonably can, we'll tell you first. When your licence ends you must stop using the app. The parts of these terms that are meant to last (such as “What you add” and “Our responsibility to you”) carry on.

Law and disputes

These terms are governed by the law of Scotland. If you live in the United Kingdom, you can bring a claim in the courts of Scotland, or of the part of the UK where you live. If you live in the European Union, Japan, Taiwan or elsewhere, you also keep the protection of the mandatory consumer laws of where you live, and can bring a claim there where those laws allow. Before going to court, please write to us: most problems can be sorted out quickly.

Changes to these terms

We may update these terms, for example when the app gains new features or the law changes. We'll show the date at the top of this page, and tell you in the app before any change that matters to you takes effect. If you don't agree with a change, you can stop using the app.

Contact

Write to us at hello@openside.club, or Arkilon Ltd, 48, 2/3 West George Street, Glasgow G2 1BP, United Kingdom.