Terms of Service

1. Acceptance of Terms

By accessing or using the NEX49 platform ("Service"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, you must not use the Service.

These Terms constitute a legally binding agreement between you and NEX49. We reserve the right to update these Terms at any time. Continued use of the Service after changes are posted constitutes your acceptance of the revised Terms.

2. Description of Service

NEX49 is a sports club management platform that provides tools for:

• Member and team management
• Game and training scheduling and tracking
• Fitness data tracking and integrations with third-party devices
• Club communications and messaging
• Performance monitoring and analytics
• Financial management and invoicing
• Documentation and club resource management
• Merchandise and marketplace features
• League and competition management

We reserve the right to modify, suspend, or discontinue any part of the Service at any time with or without notice.

3. Accounts & Registration

To use NEX49, you must register for an account. You agree to:

• Provide accurate, current, and complete information during registration
• Maintain and promptly update your account information
• Keep your login credentials confidential
• Be responsible for all activity that occurs under your account
• Notify us immediately of any unauthorised use of your account

You must be at least 18 years of age to create an account independently. Users under 18 may only use the Service under the supervision of a parent or guardian who accepts these Terms on their behalf.

4. Club Administrators & Responsibilities

Users who create or administer a club on NEX49 ("Club Administrators") accept additional responsibilities:

• Club Administrators are responsible for ensuring all club members are made aware of these Terms and the NEX49 Privacy Policy.
• Club Administrators must obtain appropriate consents before adding members, particularly juniors under 18.
• Club Administrators are responsible for the accuracy of club data, including member details, financial records, and schedules.
• Club Administrators must not use the platform to store or share unlawful, harmful, or inappropriate content.
• Club Administrators are responsible for managing member roles and access permissions appropriately.

5. Subscriptions & Payments

NEX49 operates on a subscription basis. By subscribing to a paid plan, you agree to the following:

• Subscription fees are billed in advance on a yearly basis unless otherwise stated.
• All payments are processed securely through Stripe. We do not store your card details.
• Subscription fees are non-refundable except where required by law or at our sole discretion.
• We reserve the right to change pricing with reasonable notice. Continued use after a price change constitutes acceptance of the new pricing.
• Free trial periods are offered at our discretion and may be withdrawn at any time.
• Failure to pay subscription fees may result in suspension or termination of your club's access to the Service.

5.1 Club Member Payments

Clubs may use NEX49 to manage and collect member subscription fees. NEX49 acts as a facilitator only. Clubs are solely responsible for their own billing arrangements with their members, including compliance with applicable consumer laws.

6. Acceptable Use

You agree not to use the Service to:

• Violate any applicable law or regulation
• Upload, transmit, or share content that is unlawful, harmful, defamatory, abusive, harassing, obscene, or otherwise objectionable
• Impersonate any person or entity or misrepresent your affiliation with any person or entity
• Interfere with or disrupt the integrity or performance of the Service
• Attempt to gain unauthorised access to any part of the Service or its related systems
• Use automated tools (bots, scrapers, crawlers) to access the Service without our written permission
• Collect or harvest personal data of other users without their consent
• Use the Service for any commercial purpose not expressly permitted by these Terms

We reserve the right to suspend or terminate accounts that violate these rules without notice.

7. Fitness Data

NEX49 allows users to upload fitness data exported from third-party services and devices (such as Garmin or Apple Health), or to enter it manually. By uploading fitness data, you:

• Confirm that you are the rightful owner of the data and have the right to upload it
• Acknowledge that your use of third-party services is also subject to their respective terms and privacy policies
• Accept that NEX49 is not responsible for the accuracy or completeness of data imported from third-party services
• Agree that you may delete your imported fitness data at any time from your fitness settings

When uploading fitness data files (e.g., Google Takeout exports), you must agree to the specific data terms presented at the time of upload.

8. Content & Intellectual Property

8.1 Your Content

You retain ownership of any content you upload to NEX49 (including photos, documents, training plans, and media). By uploading content, you grant NEX49 a non-exclusive, worldwide, royalty-free licence to store, display, and process that content solely for the purpose of providing the Service to you and your club.

8.2 NEX49 Intellectual Property

The NEX49 platform, including its design, software, features, branding, and all associated intellectual property, is owned by NEX49 and protected by applicable intellectual property laws. You may not copy, reproduce, distribute, or create derivative works from any part of the Service without our express written permission.

9. Global Playbook & Shared Content

NEX49 includes a Global Playbook feature where clubs can choose to share training drills and media with the wider NEX49 community. By marking content as "shared globally", you grant other NEX49 clubs a non-exclusive licence to view and copy that content for their own club use. You confirm that you have the rights to share any content you make public on this platform.

10. Merchandise & Marketplace

NEX49 offers merchandise services through a third-party print-on-demand fulfilment partner. By using the merchandise features, you agree that:

• Merchandise orders are subject to our fulfilment partner's terms and conditions
• NEX49 is not responsible for production, shipping, or quality of physical goods
• Refund and return requests for merchandise must be directed to the relevant fulfilment provider
• You must not upload designs that infringe third-party intellectual property rights

11. Disclaimers

The Service is provided on an "as is" and "as available" basis without warranties of any kind, either express or implied. We do not warrant that:

• The Service will be uninterrupted, error-free, or secure
• Any fitness data, performance metrics, or analytics provided are medically accurate or suitable for health-related decisions
• The Service will meet your specific requirements

Fitness data and performance metrics provided by NEX49 are for informational and sporting purposes only and should not be relied upon for medical, health, or clinical decisions.

12. Limitation of Liability

To the maximum extent permitted by law, NEX49 shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, data, goodwill, or other intangible losses, arising from:

• Your use of or inability to use the Service
• Unauthorised access to or alteration of your data
• Any conduct or content of third parties on the Service
• Any interruption, suspension, or termination of the Service

Our total liability to you for any claims arising from these Terms or the Service shall not exceed the amount you paid to us in the 12 months preceding the claim.

13. Termination

You may terminate your account at any time by contacting us or through your account settings. Upon termination:

• Your access to the Service will cease
• Your data will be retained in accordance with our Privacy Policy and then deleted
• Outstanding subscription fees remain payable

We reserve the right to suspend or terminate your account at any time if you breach these Terms, without liability to you.

14. Governing Law

These Terms are governed by and construed in accordance with the laws of England and Wales. Any disputes arising out of or in connection with these Terms shall be subject to the exclusive jurisdiction of the courts of England and Wales.

15. Contact Us

If you have any questions about these Terms, please contact us: