Terms of Use

Article 1

Definitions

• "Application" or "Service": the RefManager SaaS application, including its website, modules, functionality and documentation;
• "User" or "you": the natural person who, after being invited by an organisation, uses the Application (such as a referee, coordinator or administrator);
• "Your organisation": the customer organisation that has concluded a licence agreement with RefManager and grants you access;
• "Content": all data that you or your organisation enter or upload into the Application.

Article 2

Applicability

These terms of use apply to all use of the Application and the website. Deviations apply only where agreed in writing with RefManager. In the event of any conflict between these terms of use and the licence agreement with your organisation, the licence agreement prevails as regards that organisation.

Article 3

The Service

RefManager is a platform for the scheduling, communication, development and evaluation of (3x3) basketball referees. The Service may include, among others, the 3x3 Planning, MyRef, Evaluations and RefManager Pregame modules. RefManager may further develop, change or expand the Service from time to time to improve it or to comply with laws and regulations.

Article 4

Account and access

You access the Application via an account created on behalf of your organisation. You are responsible for keeping your login credentials confidential and for all use that takes place via your account. If you suspect misuse of your account, report this without delay to your organisation and to RefManager. The Application is not intended for persons under the age of 16.

Article 5

Acceptable use

You use the Application carefully and lawfully. In particular, you may not:

• use the Application contrary to these terms, your organisation’s instructions or applicable laws and regulations;
• disrupt or circumvent the security, integrity or availability of the Application, or obtain unauthorised access;
• copy, sell, rent, decompile or reverse-engineer the Application or parts of it, except to the extent mandatory law permits;
• enter or distribute unlawful, offensive, infringing or otherwise harmful Content.

Article 6

Content you enter

You retain the rights to the Content you enter. You grant RefManager a right to use that Content to the extent necessary to provide the Service. You warrant that you are entitled to enter the Content and that it does not infringe any third-party rights. RefManager processes personal data in the Application on behalf of your organisation; see the privacy statement and the data processing agreement between RefManager and your organisation.

Article 7

Intellectual property

All intellectual property rights in the Application, the underlying software, the design, documentation and further developments belong exclusively to RefManager or its licensors. These terms of use grant you only a personal, non-transferable right of use for the duration and within the limits of the access granted to you by your organisation. Nothing in these terms transfers any right.

Article 8

Availability and maintenance

RefManager uses its best efforts to keep the Application available but does not guarantee uninterrupted or entirely error-free operation. Arrangements regarding service levels and availability (including a target of 99.5%) are set out in the Service Level Agreement (SLA) between RefManager and your organisation. RefManager may temporarily take the Application out of service for (urgent) maintenance.

Article 9

Privacy

RefManager processes personal data in accordance with the GDPR. RefManager’s privacy statement applies to the use of the Application. For data managed within the Application by your organisation, RefManager acts as processor and your organisation is the controller.

Article 10

Liability

RefManager provides the Service with the care of a diligent service provider (best-efforts obligation). To the extent permitted by law, the following applies:

• RefManager is not liable towards you for indirect damage, including consequential damage, lost income, lost savings and damage due to loss of data;
• RefManager’s total liability towards you is limited, per event (with related events counting as one), to compensation for direct damage up to a maximum of € 10,000;
• these limitations do not apply to damage resulting from intent or wilful recklessness on the part of RefManager, nor to liability that cannot be excluded or limited under mandatory law.

The contractual liability between RefManager and your organisation is governed by the arrangement in the licence agreement.

Article 11

Suspension and termination of access

RefManager may suspend or restrict your access to the Application if you breach these terms, in the event of (suspected) misuse, or where necessary for the security or stability of the Service. Your access also ends when your organisation terminates your account or when the licence agreement between RefManager and your organisation ends.

Article 12

Changes to these terms

RefManager may amend these terms of use from time to time. We announce material changes at least thirty (30) days in advance via the Application or by email. We publish the most current version on our website.

Article 13

Governing law and disputes

These terms of use are governed exclusively by Dutch law. Disputes are submitted to the competent court of the District Court of Midden-Nederland, location Utrecht/Amersfoort, without prejudice to mandatory rules of jurisdiction that protect a consumer.

Article 14

RefManager Pregame: personal accounts and PRO

RefManager Pregame can also be used without an organisation: with a personal account that you create yourself, or without an account. This article applies to that use. It supplements the other articles and prevails where they conflict. References elsewhere to your organisation, the licence agreement or the SLA do not apply to a personal account.

14.1 Account

You create your account yourself and confirm your email address. You must be 16 or older. Without an account you can fill in the form and create a PDF; what you enter then stays in your browser and is not sent to us.

14.2 FREE, trial and PRO

A FREE account lets you create pregame talks, generate PDFs and save up to three pregames. PRO adds unlimited saved pregames, the master template and priority support. New accounts get a free PRO trial (currently 14 days). The trial needs no payment details and ends by itself: if you do not subscribe, your account switches to FREE and nothing is charged.

14.3 Price and payment

PRO costs €20 per year (USD 20 in the United States), including VAT where VAT applies. A promotional code can lower the price of the first year. You see the exact amount before you pay. Payments are handled by Stripe, which acts as reseller (merchant of record) for PRO: the Stripe company named on your receipt sells you the subscription, collects the payment, issues the invoice and handles VAT. Stripe's terms for that purchase also apply. RefManager provides the service itself.

14.4 Renewal and cancellation

PRO runs for one year from the date of payment and renews automatically for another year unless you cancel. You can cancel at any time in the app under Billing, Manage subscription. PRO then stays active until the end of the year you paid for and no further payment is taken. We email you about 30 days before each renewal. We announce a price change at least thirty (30) days before it applies to your renewal.

14.5 Withdrawal and refunds

You may withdraw from PRO within 14 days of your first payment, without giving a reason. Email info@refmanager.nl from the address of your account and say that you withdraw. We refund the full amount, also if you have already used PRO, through Stripe to your original payment method, within 14 days of your request. Your account then switches to FREE. Payments are not refunded after those 14 days, and yearly renewals are not refunded, unless the law requires it.

14.6 Ending your account

You can delete your account at any time under Settings. This permanently removes your account and saved pregames and cancels a running subscription. Deleting does not refund a payment by itself; see 14.5. RefManager may suspend or end a personal account under Article 11.

Article 15

Contact

Questions about these terms of use? Contact us at info@refmanager.nl.