BETA SAAS END‑USER LICENSE AGREEMENT (EULA)

Version 1.0 (Beta) — VolleyPort® is a trademark used by Franken – van Caspel Beheer B.V.

This Agreement is governed by Dutch law (Nederlands recht).

Context

This Beta SaaS platform provides insights, analytics, and performance data for testing purposes only. The Beta may be incomplete, unstable, or unreliable. Users acknowledge these risks and may not rely on the Service for professional, medical, competition‑critical, or safety‑critical decisions.

1. Definitions

• Provider: Franken – van Caspel Beheer B.V.
• Customer: The business, consumer, or stichting participating in the Beta.
• User: Any natural person authorized by Customer.
• Service: The Beta version of the VolleyPort analytics platform.
• Agreement: This EULA and referenced policies.

2. Beta Nature of the Service

The Service is experimental. It may:

• contain bugs or inaccurate insights,
• change at any time without notice,
• lose or corrupt data,
• experience downtime or instability.

The Beta may not be used for decisions affecting health, competition, employment, or safety.

3. License Grant

A temporary, revocable, non‑exclusive license is granted for testing only. Commercial, competitive, or exploitative use is not permitted.

4. Customer Responsibilities

• Protect account access and credentials.
• Use the Service in accordance with the law.
• Provide feedback where possible.
• Do not profile or judge athletes using incomplete Beta data.
• Do not reverse engineer or copy the Service.

5. Sports‑Related Data Disclaimer

The Customer understands that:

• metrics may be inaccurate or incomplete,
• no guarantees are provided regarding accuracy or fitness for purpose,
• Provider is not responsible for injuries, training outcomes, or decisions based on Beta insights.

6. Support

Support is best‑effort only. No SLAs or uptime guarantees apply.

7. Data Protection (GDPR / AVG)

GDPR applies to all Users. During Beta, not all production‑grade security measures may be in place. A DPA applies where legally required (B2B or stichting Customers).

8. Data Retention

Data processed during the Beta is retained only for:

• the duration of the Beta Program, and
• a short period thereafter for debugging and evaluation.

After the Beta ends, personal data is deleted or anonymized unless retention is legally required (e.g., security logs under Dutch law).

9. Intellectual Property & Feedback Assignment

All intellectual property of the Service remains with Provider.

Feedback, Suggestions & Improvements:

All suggestions, ideas, feature requests, bug reports, improvements, or other feedback submitted by Customer or User — via the platform or any communication channel — become the immediate and exclusive property of Franken – van Caspel Beheer B.V. User and Customer irrevocably assign all associated IP rights (including auteursrecht, databankenrecht, design rights, and derivative rights) to Provider.

No compensation is owed. Provider may use, modify, publish, commercialize, or incorporate feedback without limitation. Customer warrants that submitted feedback is free from third‑party claims.

10. Confidentiality

All Beta features, data, and documentation are confidential unless the Provider publicly releases them.

11. Warranty Disclaimer

The Beta is provided “AS IS” and “AS AVAILABLE.” No warranties apply beyond mandatory Dutch and EU consumer rights.

12. Limitation of Liability

For B2B and Stichtingen:

• Liability is limited to the lesser of 3 months of fees or €250.
• No liability for indirect, consequential, or data‑loss damages.
• No liability for decisions, injuries, or outcomes based on Beta insights.

These limits do not apply in cases of intent (opzet) or gross negligence (grove nalatigheid).

For Consumers: Mandatory statutory rights remain intact.

13. Term & Termination

Provider may terminate the Beta at any time. Customer may discontinue use at any time.

14. Changes to the Beta

Provider may modify, interrupt, or discontinue features at its discretion during the Beta.

15. Governing Law

Dutch law applies. Disputes will be resolved by the competent court in Amsterdam, unless consumer law specifies otherwise.

16. Entire Agreement

This Agreement replaces all prior Beta agreements and understandings.