Terms of Service

These Terms of Service (“Terms”) form a legally binding agreement between you and the operator of Bibsplit (“we”, “us”, “our”) and govern your access to and use of the Bibsplit website, application and related services (together, the “Service”). Please read them carefully. If you do not agree to these Terms, do not create an account and do not use the Service.

1. Acceptance of these Terms

By creating an account, clicking a button that expresses acceptance of these Terms, or by otherwise accessing or using the Service, you confirm that you have read, understood and agree to be bound by these Terms and by our Privacy Policy and Cookie Policy. If you are agreeing on behalf of an organisation, you represent that you have authority to bind that organisation and “you” will refer to that organisation.

2. Definitions

• Account means the personal account you create to use the Service.
• Content means any information, data or material you submit, upload or otherwise make available through the Service (including players, teams, matches and messages you send us).
• Documentation means the tutorials, help articles and other materials we publish describing how the Service works.
• Service is defined at the top of these Terms.

3. Eligibility

You must be at least 16 years old (or the age of digital consent in your country of residence, if higher) to create an account or use features that require an account. You must also be legally capable of entering into a binding contract in your country of residence. By using the Service you represent and warrant that you meet these requirements.

4. Your account

1. You must provide accurate, current and complete information when creating an account, and keep that information up to date.
2. You are responsible for maintaining the confidentiality of your password and for all activity that occurs under your account. Choose a strong, unique password (we will refuse passwords known to have been breached elsewhere).
3. You must notify us promptly at nicholaicorbie1@gmail.com if you suspect any unauthorised access to your account.
4. Each account is for a single user. You must not share credentials or transfer your account to another person without our prior written consent.
5. You may delete your account at any time via the “Delete account” option in the app. Deletion is permanent and irreversible: your account, players, matches and match history will be removed from live systems within 30 days and from backups within a further 5 days.

5. The Service

Bibsplit helps you organise informal team-based games by letting you maintain a pool of players, drag them into teams, auto-balance the two sides by rating, save match line-ups and results, and view match history. The Service is provided from the United Kingdom via Amazon Web Services infrastructure. Full functionality requires an activated account; some features are available without an account.

6. Your obligations

1. You will comply with these Terms and all applicable laws in your use of the Service.
2. You will not use the Service in a way that infringes anyone’s rights or that is fraudulent, deceptive, harmful, defamatory, obscene, discriminatory or otherwise unlawful.
3. You will only provide personal data about other people (for example, the names of players you add) where you have a lawful basis to do so and, where applicable, have informed those individuals as required by data protection law — see section 9.

7. Acceptable use

You must not, and must not attempt to:

• Access or use the Service if you are barred from doing so under any applicable law;
• Reverse engineer, decompile, disassemble or otherwise attempt to derive source code of the Service, except to the extent applicable law expressly permits it;
• Bypass or circumvent any authentication, rate limiting, security or content-filtering mechanism we have put in place;
• Introduce viruses, worms, malware, ransomware, back doors, time bombs, spyware or any other malicious code, or attempt to compromise the integrity or confidentiality of the Service or its underlying infrastructure;
• Access, tamper with or use non-public areas of the Service, its systems, or the technical delivery systems of any of our providers;
• Probe, scan or test the vulnerability of any of our systems or networks, or breach or otherwise circumvent any security or authentication measures;
• Perform brute-force, credential-stuffing, denial-of-service, or other volumetric attacks;
• Scrape, spider, crawl, or use automated means (including bots, robots, headless browsers and offline readers) to access, extract or index the Service, except with our prior written consent or as permitted by a machine-readable robots.txt file;
• Use the Service to send unsolicited or unauthorised advertising, promotional material, spam, chain letters or any other form of solicitation;
• Impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity;
• Upload, submit or transmit any Content that:
  • infringes another person’s intellectual property, privacy, publicity, contractual or other rights;
  • is defamatory, libellous, harassing, threatening, hateful, discriminatory, sexually explicit, or promotes violence or terrorism;
  • relates to a minor in an inappropriate way, or is illegal to publish in the jurisdiction from which it is uploaded;
• Use the Service in violation of any applicable export-control, sanctions, anti-bribery or anti-money-laundering law;
• Interfere with any other user’s enjoyment of the Service;
• Use the Service for any purpose that is inconsistent with these Terms.

We reserve the right, but are not obliged, to investigate any suspected breach and to take appropriate action, including notifying law-enforcement authorities.

8. User content

1. You retain all rights in and to Content you submit to the Service. We do not claim ownership of your Content.
2. By submitting Content you grant us a worldwide, non-exclusive, royalty-free licence to host, store, reproduce, transmit, adapt (for formatting and display purposes only) and back up that Content solely to the extent necessary to provide, secure and improve the Service. This licence ends when you or we delete the Content, except for reasonable retention in backups (which will be overwritten within 35 days) and where retention is required by law.
3. You represent and warrant that (i) you own the Content or have the necessary rights and permissions to submit it, (ii) submitting it does not infringe or misappropriate any third-party right, and (iii) the Content complies with these Terms and all applicable laws.
4. We do not routinely monitor Content, but we may (without any obligation to do so) review, refuse to display, or remove any Content that we reasonably believe breaches these Terms or is otherwise objectionable.

9. Data you enter about third parties

The Service is designed for you to add other people (for example, teammates) by name. When you do so you are processing their personal data, and you act as an independent data controller of that data for the purposes of UK GDPR / GDPR. You warrant that:

• You will only enter the minimum information necessary (typically a first name or nickname and a rating estimate) and will not enter special-category (“sensitive”) data;
• You have a lawful basis to enter and use that person’s data in the Service — for example, their consent, or your legitimate interest in organising a game;
• Where required by law you have informed them that their data is being processed and provided a privacy notice covering the processing;
• You will delete or update the data at their request; you can do so via the “Edit player” or “Delete player” options in the app.

You agree to indemnify us in respect of any claim by a third party arising from your breach of this section 9 (see section 18).

10. Intellectual property

Except for User Content, we (or our licensors) own all right, title and interest in and to the Service, including its code, design, look-and-feel, brand, logos and Documentation, and all associated intellectual-property rights worldwide. Nothing in these Terms transfers any such rights to you. We grant you a limited, personal, non-exclusive, non-transferable, non-sublicensable and revocable licence to access and use the Service in accordance with these Terms.

“Bibsplit” and any associated logos are our trade marks. You must not use them without our prior written consent, except where necessary to identify the Service in factual statements.

11. Feedback

If you send us feedback, feature requests, ideas, comments or suggestions relating to the Service, you grant us a worldwide, perpetual, irrevocable, royalty-free, sub-licensable and transferable licence to use, reproduce, modify and exploit that feedback for any purpose without attribution or compensation. You warrant that any feedback you submit is your own and does not disclose confidential information of any third party.

12. Privacy

Our Privacy Policy explains what personal data we collect, how we use it, and the rights you have. By using the Service you acknowledge that you have read the Privacy Policy.

13. Third-party services

The Service uses infrastructure and services provided by third parties (including Amazon Web Services and HaveIBeenPwned). Your use of the Service is also subject to the terms of those third-party services where they apply. We are not responsible for the acts, omissions, terms, privacy practices or content of those third parties, and any dispute you have with a third-party provider is between you and that provider.

14. Availability, updates and beta features

1. We aim to provide a reliable Service but we do not guarantee that it will be uninterrupted, timely, error-free or free from viruses. We do not commit to any specific uptime service level.
2. We may update, modify, suspend or discontinue any part of the Service (including any feature or the whole Service) at any time, with or without notice. Where a change materially reduces the functionality of the Service we will endeavour to notify you before the change takes effect.
3. Some features may be labelled “beta”, “preview”, “coming soon” or similar. Those features are provided for evaluation on an as-is basis; we may change or discontinue them at any time without notice.
4. We may perform planned or emergency maintenance that temporarily makes the Service unavailable.

15. Fees

The Service is currently free of charge. We may introduce optional paid tiers or paid features in future. If we do, we will not charge you without your prior express consent, and the paid tier will be governed by a separate order form or subscription agreement that supplements these Terms.

16. Warranty disclaimer

To the maximum extent permitted by applicable law, and subject always to the consumer-rights protections referred to at the top of these Terms, the Service and all Content and information provided through it are provided “as-is” and “as-available”, without warranties or conditions of any kind, whether express, implied, statutory or otherwise, including but not limited to any implied warranties of satisfactory quality, fitness for a particular purpose, non-infringement or accuracy. We do not warrant that the Service will meet your requirements, that its operation will be uninterrupted or error-free, or that defects will be corrected. Any Content or information obtained through the Service is obtained at your own risk.

17. Limitation of liability

Nothing in these Terms excludes or limits our liability for:

• death or personal injury caused by our negligence;
• fraud or fraudulent misrepresentation;
• any liability that cannot be excluded or limited by applicable law, including your statutory rights as a consumer.

Subject to the paragraph above, and to the maximum extent permitted by law:

1. We will not be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any:
   • loss of profits, revenue, business, contracts, opportunities, goodwill or anticipated savings;
   • loss or corruption of data (except to the extent caused by our failure to take reasonable care to prevent it);
   • indirect, special, consequential, punitive or exemplary loss or damage,
   however caused, even if we have been advised of the possibility of such loss.
2. Our aggregate liability to you in respect of all claims arising from or in connection with the Service or these Terms in any 12-month period will not exceed the greater of: (i) the amount (if any) you have paid us for use of the Service in that period; or (ii) one hundred pounds sterling (£100).

You acknowledge that this allocation of risk is reasonable given the free nature of the Service and that we could not offer the Service on this basis without it.

18. Indemnification

To the extent permitted by law, and unless you are a consumer using the Service outside your trade, business, craft or profession, you agree to indemnify, defend and hold harmless the operator of Bibsplit, its affiliates, officers, employees, agents and contractors from and against any and all claims, demands, actions, liabilities, losses, damages, costs and expenses (including reasonable legal fees) arising out of or connected with:

• your breach of these Terms;
• your misuse of the Service;
• your Content;
• your infringement of any third-party right (including any data-protection right of any person whose personal data you have entered into the Service — see section 9);
• your breach of any applicable law.

Nothing in this section limits any rights you have under applicable consumer-protection law.

19. Suspension and termination

1. You may stop using the Service at any time and delete your account via the “Delete account” option.
2. We may suspend or terminate your access to the Service, in whole or in part, with or without notice if we reasonably believe that (i) you are in material breach of these Terms; (ii) your use of the Service creates a security, legal, reputational or operational risk; or (iii) we are required to do so by law.
3. We will use reasonable efforts to give you advance notice of a non-emergency termination.
4. Termination does not affect any accrued rights or liabilities of either party.

20. Survival

The following sections survive termination of these Terms: 8 (User content), 10 (Intellectual property), 11 (Feedback), 12 (Privacy), 16 (Warranty disclaimer), 17 (Limitation of liability), 18 (Indemnification), 20 (Survival), 21 (Force majeure), 22 (Governing law), 23 (Dispute resolution) and 24 (Miscellaneous).

21. Force majeure

We are not liable for any failure or delay in performing our obligations under these Terms where that failure or delay results from any cause beyond our reasonable control, including fire, flood, earthquake, act of terrorism, war, insurrection, riot, pandemic, epidemic, strike, industrial dispute, government action, act of God, failure of the internet or any public or private telecommunications network, cyber-attack, or failure of a supplier or subcontractor, provided we take reasonable steps to mitigate the effect of the event.

22. Governing law and jurisdiction

These Terms and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with them, their subject matter or formation, are governed by the laws of England and Wales. The courts of England and Wales will have exclusive jurisdiction to settle any such dispute, save that if you are a consumer this clause does not deprive you of the protection of the mandatory rules of the law of your country of residence and you may bring proceedings in the courts of the place where you are domiciled.

23. Dispute resolution

If you have a complaint about the Service, please contact us first at nicholaicorbie1@gmail.com so we can try to resolve it. If we cannot resolve the dispute within 30 days, either party may commence court proceedings, subject to section 22 above.

If you are a consumer resident in the EU, you can also access the European Commission’s Online Dispute Resolution platform at https://ec.europa.eu/consumers/odr.

24. Miscellaneous

1. Entire agreement. These Terms (together with the Privacy Policy, Cookie Policy and any additional terms we notify you of) constitute the entire agreement between you and us regarding the Service and supersede any prior agreement between us on the same subject.
2. Severability. If any provision of these Terms is held invalid or unenforceable by any court of competent jurisdiction, that provision will be modified to the minimum extent necessary to make it enforceable and the remaining provisions will remain in full force and effect.
3. No waiver. Our failure to enforce a right or provision of these Terms is not a waiver of that right or provision.
4. Assignment. You may not assign, transfer or sub-license these Terms without our prior written consent. We may assign these Terms to an affiliate or to a successor in interest of the Service; we will notify you of any such assignment.
5. No third-party beneficiaries. These Terms do not create any right in favour of any person who is not a party to them under the Contracts (Rights of Third Parties) Act 1999 or otherwise.
6. Notices. We may send you notices via email to the address associated with your account, or by posting them in the app. You must send notices to us at the email address at the bottom of these Terms.
7. Independent contractors. These Terms do not create any agency, partnership, joint venture or employment relationship between you and us.

25. Changes to these Terms

We may modify these Terms from time to time. When we make material changes we will update the version and effective date at the top of the page. Where the change materially affects your rights we will give you reasonable notice (for example, by email or by a notice in the app) before the change takes effect. Your continued use of the Service after the effective date constitutes acceptance of the modified Terms. If you do not agree to the modified Terms, you must stop using the Service and delete your account.

26. Contact us

Email: nicholaicorbie1@gmail.com
Postal: Postal address available on request via the contact email below.