Terms and Conditions of Use

This application is only available to registered users. Terms and conditions must be accepted before registration, and we ask every user to read these carefully to help avoid problems or misunderstanding. The rules apply for the entire time of use of the application. Therefore, any infringement of rules may result in exclusion.

1. General

1.1 This application has been created for the purpose of a thesis as a final project of the Computer Science course at the University of Sunderland. The author built this application taking strict account of UoS regulations. Sport & Exercise Science Department were also involved in developing the application, any data collected during the project will also be available to them.

1.2 The main aim of the application is to achieve better sports performance through assessment of mental state, and proving its impact on physical performance. The application may be used in education at the UoS, and both departments will receive source codes and database access information. The latest technology innovations, widespread availability and other developers’ principles were considered during the development process. The developer has made significant efforts to obtain up-to-date, accurate applications, but this cannot be guaranteed. Users can only use the application at their own risk. The developer will only assume responsibility for any expense, loss, or damage caused by use of the application if it can be demonstrably attributed to their omission or activity which can be directly associated with use of the application. Accepting Terms & Conditions, the user acknowledges that he/she can only use the application at his/her own risk.

1.3 The application protects copyright and database related rights and other rights concerning trademarks and ownership. Every detail can be protected by copyright. The user only gains rights for using the application by installation and registration.  The users do not own any rights for elements of the application. The developer also declares that only free sources  codes are used for creating the application, and their sources are stated in documentation as well as the source code. The user agrees to abide by all additional copyright

1.4 If the user decides to download and/or install the application, the user can only use data, elements, and contents for personal purposes. The software can only be used for business purposes with primary notification and permission of the user. Any infringement may result in legal proceedings. In cases of using the application within a group, the printing and signing of Terms and Conditions is recommended to be able to prove evidence of approval if it is necessary later.

2. Our Obligations to You

2.1. The developer states that he makes every reasonable effort to run the software continuously and with proper functioning but he cannot take any responsibility for continuous access. The developer reserves the right to restrict or suspend access without notification if it is required for safety of development, or maintenance, or any other reason. Internet access is required for normal functioning and data is stored on an external server. Therefore, absence of internet or unavailability of server may cause operational problems. The developer cannot take responsibility for these problems.

2.2 Data collected through the software will never be accessible or handed over to any other organisations, except the aforementioned ones, without users’ prior notification or permission. Nobody can claim data and data cannot be sold. Users can electronically transfer their own data but later safety of data is their responsibility. The developer attempts to ensure safe storage of data, but he cannot accept responsibility for loss. The developer cannot take responsibility for damages arising from data loss.

2.3. The developer states that only data is stored which is absolutely necessary for operation of the application. The developer avoids personal identification and the safety of personal data. They do not store surnames and full birth dates. As operation of the software does not require telephone numbers and home addresses, the developer does not request them. The only personal data is the email address (used to notify users), but the developer stores it confidentially without access to others, and it is not shared. Email addresses and other information, which is suitable for identification, will not be passed to anyone else. Access to personal data through the application is protected by encrypted passwords. If the user forgets his/her password, the system will generate a new password and send it to the user’s registered email address. The developer cannot take responsibility for damages resulting from providing wrong email address or hacking of an account by an unauthorised person.

3. Your Obligations to Us

3.1. Users consent that the application is only used with compliance of its rules and all required attention. Users agrees that they will also obey all relevant legislation which is not regulated here. The software must not be used for unlawful activities. Users must not use obscene, abusive expressions in messages sent via the system and messages must be only sent to authorised people. Users must avoid annoying others, or causing discomfort or anxiety. Users must make their best efforts to maintain proper functioning of the application. Users must not send or store unsolicited or malicious data and content.

3.2 The user agrees that data and values performed or entered by him/her will be used for a scientific approach, calculating statistics and creating analyses. Users’ personal data is protected in every case. If any damage is identified which can be attributed to the user’s responsibility, the user will concede financial and moral responsibility.

4. Other Conditions of Use

The developer reserves the right to modify the Terms and Conditions but it is obligatory to make the Terms and Conditions accessible to users and inform them about any changes in its content. The Terms and Conditions are part of the application and accessible at any time, and viewing is possible in the application.

5. Communications

Both the developer and the user are liable to keep all written and unwritten legislation and customary law during their communication. The users must be provided with an option to give feedback and opinion within the application. The developer is responsible for managing this, giving answers and fixing any reported errors as soon as possible. Both the user and the developer must only use communication channels of the software for sending messages related to the application. Offensive or unlawful messages will result in warning, and then exclusion.

6. Limitation of Liability

6.1 The user acknowledges that the developer will not receive, or request, any financial compensation as the system is accessible for anybody free of charge. Therefore, the developer is not responsible for any expense arising from regular use. The developer is not liable to provide circumstances which are required for the application. Therefore, changes in environmental factors may cause cessation or suspension of the application.

6.2 Neither the user’s nor the developer’s responsibility can be excluded in a case where bad faith, intentional damage or negligence can be identified from any side. No responsibility is taken for unforeseeable, unexpected negligent damages.

7. Governing Laws and Regulations

Existing legislation in the UK applies on all issues not covered in the Terms and Conditions.  Court opinions and decisions are authoritative and both parties must comply with these.
