Terms of Use
1. About these Terms
1.1
These Terms of Use (the “Terms”) govern the use of the Movance mobile application and the related services (together, the “App” or the “Service”), provided by New Stream and/or Onescrin Ltd., company no. 515723690, of 3 Rappaport St., Kefar Sava, Israel (“New Stream”, “Onescrin”, “we”, “us” or “our”).
These Terms of Use (the “Terms”) govern the use of the Movance mobile application and the related services (together, the “App” or the “Service”), provided by New Stream and/or Onescrin Ltd., company no. 515723690, of 3 Rappaport St., Kefar Sava, Israel (“New Stream”, “Onescrin”, “we”, “us” or “our”).
1.2
Our Privacy Policy, available at
https://www.onescrin.com/movance-en-pp/
and within the App (the “Privacy Policy”), explains how we collect and use personal information and forms an integral part of these Terms.
Our Privacy Policy, available at
https://www.onescrin.com/movance-en-pp/
and within the App (the “Privacy Policy”), explains how we collect and use personal information and forms an integral part of these Terms.
1.3
By ticking the acceptance box during registration and using the App, you confirm that you have read, understood and agree to these Terms and the Privacy Policy. If you do not agree, do not register for or use the App.
By ticking the acceptance box during registration and using the App, you confirm that you have read, understood and agree to these Terms and the Privacy Policy. If you do not agree, do not register for or use the App.
1.4
These Terms are written in the masculine/singular form for convenience only and apply equally to all genders and to the plural. Headings are for convenience only and do not affect interpretation.
These Terms are written in the masculine/singular form for convenience only and apply equally to all genders and to the plural. Headings are for convenience only and do not affect interpretation.
1.5
These Terms are available in Hebrew and in English. In case of any inconsistency, the Hebrew version prevails.
These Terms are available in Hebrew and in English. In case of any inconsistency, the Hebrew version prevails.
2. Who may use the App; Minors and parental approval
2.1
The App is intended for athletes aged 12 to 16 during the current beta phase. Persons under the age of 12 may not register for or use the App.
The App is intended for athletes aged 12 to 16 during the current beta phase. Persons under the age of 12 may not register for or use the App.
2.2
If you are under the age of 18 (a “Minor”), you may register for and use the App only with the prior approval of your parent or legal guardian (“Parent”). As part of registration, you must confirm that your Parent has read and approved these Terms and the Privacy Policy. Where a Parent registers on behalf of the Minor, the Parent confirms that approval directly.
If you are under the age of 18 (a “Minor”), you may register for and use the App only with the prior approval of your parent or legal guardian (“Parent”). As part of registration, you must confirm that your Parent has read and approved these Terms and the Privacy Policy. Where a Parent registers on behalf of the Minor, the Parent confirms that approval directly.
2.3
In addition, the organisation that issues an Invitation Code to a Minor (see Section 4.4) is required to obtain the Parent’s signed consent before issuing the code.
In addition, the organisation that issues an Invitation Code to a Minor (see Section 4.4) is required to obtain the Parent’s signed consent before issuing the code.
2.4
A Parent who has not approved, or no longer approves, the Minor’s use of the App may contact us at
support@onescrin.com,
and we will close the account and delete the Minor’s information in accordance with the Privacy Policy.
A Parent who has not approved, or no longer approves, the Minor’s use of the App may contact us at
support@onescrin.com,
and we will close the account and delete the Minor’s information in accordance with the Privacy Policy.
2.5
By approving the Minor’s registration, the Parent: (a) agrees to these Terms on his own behalf and on behalf of the Minor; (b) gives the consents set out in the Privacy Policy on behalf of the Minor; and (c) is responsible for supervising the Minor’s use of the App, including the performance of drills and filming, in a manner suitable to the Minor’s age and physical condition.
By approving the Minor’s registration, the Parent: (a) agrees to these Terms on his own behalf and on behalf of the Minor; (b) gives the consents set out in the Privacy Policy on behalf of the Minor; and (c) is responsible for supervising the Minor’s use of the App, including the performance of drills and filming, in a manner suitable to the Minor’s age and physical condition.
2.6
References in these Terms to “you” refer to the registered athlete and, where the athlete is a Minor, also to his Parent, as the context requires.
References in these Terms to “you” refer to the registered athlete and, where the athlete is a Minor, also to his Parent, as the context requires.
3. Beta version
3.1
The App is an early trial version (MVP) made available in order to test the Service and collect user feedback. It has limited functionality and may contain errors, inaccuracies or interruptions.
The App is an early trial version (MVP) made available in order to test the Service and collect user feedback. It has limited functionality and may contain errors, inaccuracies or interruptions.
3.2
We may change, add or remove features, or suspend or discontinue the App (in whole or in part), at any time. Where reasonably possible, we will give notice in the App or by email before discontinuing the App, and allow you to view your results before the App is discontinued.
We may change, add or remove features, or suspend or discontinue the App (in whole or in part), at any time. Where reasonably possible, we will give notice in the App or by email before discontinuing the App, and allow you to view your results before the App is discontinued.
3.3
The App is currently provided free of charge and does not include in-app purchases. If we introduce paid features in the future, they will be offered under separate terms, and you will not be charged without your (and, for a Minor, your Parent’s) express prior consent.
The App is currently provided free of charge and does not include in-app purchases. If we introduce paid features in the future, they will be offered under separate terms, and you will not be charged without your (and, for a Minor, your Parent’s) express prior consent.
3.4
The App is currently available in Israel only.
The App is currently available in Israel only.
4. Registration and account
4.1
To use the App you must open an account and provide accurate, complete and up-to-date information, including first and last name, email address (yours or your Parent’s), date of birth, gender, height, weight, dominant side and health status (whether you currently have an active injury on your left side, right side, both sides, or no injury). Providing a phone number is optional.
To use the App you must open an account and provide accurate, complete and up-to-date information, including first and last name, email address (yours or your Parent’s), date of birth, gender, height, weight, dominant side and health status (whether you currently have an active injury on your left side, right side, both sides, or no injury). Providing a phone number is optional.
4.2
Each account is personal to one athlete. You may not open an account for another person (other than a Parent registering on behalf of his Minor), share your account, or allow others to use it. You are responsible for keeping your login details confidential and must notify us immediately at
support@onescrin.com
of any unauthorised use.
Each account is personal to one athlete. You may not open an account for another person (other than a Parent registering on behalf of his Minor), share your account, or allow others to use it. You are responsible for keeping your login details confidential and must notify us immediately at
support@onescrin.com
of any unauthorised use.
4.3
You may delete your account at any time from the App settings (“Delete account”). A Parent may also request deletion of a Minor’s account at any time. The consequences of deletion are described in Section 16 and in the Privacy Policy.
You may delete your account at any time from the App settings (“Delete account”). A Parent may also request deletion of a Minor’s account at any time. The consequences of deletion are described in Section 16 and in the Privacy Policy.
4.4
Registration does not require an invitation code. To activate drill testing, you must enter an invitation code issued by a club, coach or sports institute working with New Stream (the “Issuing Organisation” and the “Invitation Code”). Invitation Codes are personal and may not be sold, transferred or published.
Registration does not require an invitation code. To activate drill testing, you must enter an invitation code issued by a club, coach or sports institute working with New Stream (the “Issuing Organisation” and the “Invitation Code”). Invitation Codes are personal and may not be sold, transferred or published.
4.5
When you enter an Invitation Code, and subject to your consent on that screen, the Issuing Organisation will be able to view your profile details, Results and reports through New Stream’s systems. The Issuing Organisation may use them, together with information it collects itself, to assess your athletic abilities and to make recommendations about you to its customers, such as sports clubs and academies. The Issuing Organisation is responsible for its own use of this information, as further described in the Privacy Policy.
When you enter an Invitation Code, and subject to your consent on that screen, the Issuing Organisation will be able to view your profile details, Results and reports through New Stream’s systems. The Issuing Organisation may use them, together with information it collects itself, to assess your athletic abilities and to make recommendations about you to its customers, such as sports clubs and academies. The Issuing Organisation is responsible for its own use of this information, as further described in the Privacy Policy.
5. How the Service works
5.1
The App guides you to perform and film certain physical drills using your mobile device camera. Videos are recorded without audio and uploaded to our servers, where they are analysed automatically by our proprietary technology, including algorithms and artificial-intelligence models.
The App guides you to perform and film certain physical drills using your mobile device camera. Videos are recorded without audio and uploaded to our servers, where they are analysed automatically by our proprietary technology, including algorithms and artificial-intelligence models.
5.2
Following the analysis, you will receive a short report which may include scores, comparisons to benchmarks, a summary and general recommendations (the “Results”).
Following the analysis, you will receive a short report which may include scores, comparisons to benchmarks, a summary and general recommendations (the “Results”).
5.3
The Results are automated estimates only. Their accuracy depends, among other things, on the quality and angle of filming, lighting, clothing, device, environment and on the accuracy of the information you provided. We do not guarantee that the Results are accurate, complete or suitable for any particular purpose.
The Results are automated estimates only. Their accuracy depends, among other things, on the quality and angle of filming, lighting, clothing, device, environment and on the accuracy of the information you provided. We do not guarantee that the Results are accurate, complete or suitable for any particular purpose.
6. Not medical advice; Health and safety
6.1
The App is not a medical device and does not provide medical advice, diagnosis, treatment or injury-risk assessment. New Stream is not a healthcare provider. The Results and any recommendations are general athletic information only and are not a substitute for the advice of a physician, physiotherapist or other qualified professional.
The App is not a medical device and does not provide medical advice, diagnosis, treatment or injury-risk assessment. New Stream is not a healthcare provider. The Results and any recommendations are general athletic information only and are not a substitute for the advice of a physician, physiotherapist or other qualified professional.
6.2
Consult a physician before starting any new physical activity or training program, and in any event if you have an injury, pain, a medical condition or any doubt regarding your ability to perform the drills. Do not ignore or delay seeking professional advice because of anything shown in the App.
Consult a physician before starting any new physical activity or training program, and in any event if you have an injury, pain, a medical condition or any doubt regarding your ability to perform the drills. Do not ignore or delay seeking professional advice because of anything shown in the App.
6.3
Physical activity involves an inherent risk of injury. Perform drills only if you are fit to do so, within your ability, and in accordance with the in-app instructions. In particular:
Physical activity involves an inherent risk of injury. Perform drills only if you are fit to do so, within your ability, and in accordance with the in-app instructions. In particular:
- warm up before performing drills and stop immediately if you feel pain, dizziness or discomfort;
- perform drills only in a safe, open, non-slippery area, free of obstacles, traffic and other people;
- place the phone on a tripod or a stable surface, or have another person film you from a safe distance and outside the path of the drill;
- Minors should perform drills under the supervision of a Parent, coach or another responsible adult.
7. Filming rules and your content
7.1
The videos you record and upload, and the information you provide (“Your Content”), must comply with the following rules:
The videos you record and upload, and the information you provide (“Your Content”), must comply with the following rules:
- the video should show only the athlete performing the drill. Do not film other people. If another person is incidentally captured, you confirm that you have obtained that person’s consent (and, if a Minor, his Parent’s consent);
- film only in a place where filming is permitted, and never in changing rooms, restrooms or similar private areas;
- wear appropriate sports clothing; Your Content must not include nudity, offensive, unlawful or inappropriate material;
- Your Content must be your own and must not infringe any third party’s rights.
7.2
You retain your rights in Your Content. You grant New Stream a non-exclusive, worldwide, royalty-free licence to store, copy, process and analyse Your Content for the purposes of providing, securing and supporting the Service and generating your Results, for the period set out in the Privacy Policy.
You retain your rights in Your Content. You grant New Stream a non-exclusive, worldwide, royalty-free licence to store, copy, process and analyse Your Content for the purposes of providing, securing and supporting the Service and generating your Results, for the period set out in the Privacy Policy.
7.3
AI model training. As part of the consent you give at registration, you agree that New Stream may create training copies from your videos (in the form of selected frames or video segments) for the purpose of training, testing and improving its artificial-intelligence models. Before a training copy is created, the face of the recorded person is blurred, and the training copy is kept without your name, account details or any other personal details and without any link to your account. You grant New Stream a perpetual, irrevocable, royalty-free licence to use training copies for these purposes.
AI model training. As part of the consent you give at registration, you agree that New Stream may create training copies from your videos (in the form of selected frames or video segments) for the purpose of training, testing and improving its artificial-intelligence models. Before a training copy is created, the face of the recorded person is blurred, and the training copy is kept without your name, account details or any other personal details and without any link to your account. You grant New Stream a perpetual, irrevocable, royalty-free licence to use training copies for these purposes.
7.4
Because training copies are not linked to your account, they cannot be located or removed after they are created, and they may be kept and used for future training of our models without time limit, including after your account is deleted. Deleting your account stops the creation of new training copies. Please note that elements in the background of the video, such as club logos or signage, may remain visible in training copies.
Because training copies are not linked to your account, they cannot be located or removed after they are created, and they may be kept and used for future training of our models without time limit, including after your account is deleted. Deleting your account stops the creation of new training copies. Please note that elements in the background of the video, such as club logos or signage, may remain visible in training copies.
7.5
New Stream may also create, use and retain de-identified and aggregated information derived from use of the Service that does not identify you, for statistical, research and development purposes.
New Stream may also create, use and retain de-identified and aggregated information derived from use of the Service that does not identify you, for statistical, research and development purposes.
7.6
We may remove Your Content or suspend your account if we reasonably believe that it violates these Terms or the law.
We may remove Your Content or suspend your account if we reasonably believe that it violates these Terms or the law.
8. Acceptable use
8.1
You undertake to use the App only for its intended personal, non-commercial purpose and in accordance with the law. You must not, and must not allow others to:
You undertake to use the App only for its intended personal, non-commercial purpose and in accordance with the law. You must not, and must not allow others to:
- provide false information, including a false date of birth, or register without the required Parent approval;
- copy, modify, decompile, reverse engineer or attempt to extract the source code, models or algorithms of the App, except to the extent permitted by mandatory law;
- use the App or the Results to develop a competing product or service, or to train any artificial-intelligence model;
- use robots, scrapers or other automated means to access the App, or interfere with, overload or circumvent the security of the App;
- upload viruses or malicious code, or use the App in a way that infringes the rights or privacy of others.
9. Intellectual property
9.1
The App, including its software, algorithms, models, design, content, trademarks (including the name “Movance”), the format of the Results and all related intellectual property rights, are owned by New Stream or its licensors.
The App, including its software, algorithms, models, design, content, trademarks (including the name “Movance”), the format of the Results and all related intellectual property rights, are owned by New Stream or its licensors.
9.2
Subject to these Terms, New Stream grants you a limited, personal, non-exclusive, non-transferable and revocable licence to install and use the App on a mobile device you own or control, for personal, non-commercial use during the beta phase.
Subject to these Terms, New Stream grants you a limited, personal, non-exclusive, non-transferable and revocable licence to install and use the App on a mobile device you own or control, for personal, non-commercial use during the beta phase.
9.3
You may use and share your own Results for personal purposes (for example, with your Parent, coach or physician).
You may use and share your own Results for personal purposes (for example, with your Parent, coach or physician).
10. Feedback and usage analytics
10.1
During the beta phase we collect information on how the App is used (usage analytics and crash reports) in order to test and improve the App, as described in the Privacy Policy.
During the beta phase we collect information on how the App is used (usage analytics and crash reports) in order to test and improve the App, as described in the Privacy Policy.
10.2
If you send us comments, ideas or suggestions regarding the App (“Feedback”), we may use them freely for any purpose, without any obligation or compensation to you. We will not publish Feedback in a way that identifies you without your consent.
If you send us comments, ideas or suggestions regarding the App (“Feedback”), we may use them freely for any purpose, without any obligation or compensation to you. We will not publish Feedback in a way that identifies you without your consent.
11. Privacy
11.1
We process your personal information, including videos and information about your physical and health condition, in accordance with the Privacy Policy and applicable law, including the Protection of Privacy Law, 5741-1981 and the regulations thereunder. Please read the Privacy Policy carefully.
We process your personal information, including videos and information about your physical and health condition, in accordance with the Privacy Policy and applicable law, including the Protection of Privacy Law, 5741-1981 and the regulations thereunder. Please read the Privacy Policy carefully.
12. Notifications
12.1
We may send you notifications relating to the Service, such as account messages, updates about your Results and important changes, by push notification or email. You may turn off push notifications in your device settings. We will not send you advertising messages without your (and, for a Minor, your Parent’s) prior consent as required by law.
We may send you notifications relating to the Service, such as account messages, updates about your Results and important changes, by push notification or email. You may turn off push notifications in your device settings. We will not send you advertising messages without your (and, for a Minor, your Parent’s) prior consent as required by law.
13. App stores and third-party services
13.1
The App is distributed through the Apple App Store and Google Play. Your use of those stores is subject to their own terms and policies. The App may rely on third-party services (such as hosting, analytics, crash-reporting, push-notification and email providers) as described in the Privacy Policy.
The App is distributed through the Apple App Store and Google Play. Your use of those stores is subject to their own terms and policies. The App may rely on third-party services (such as hosting, analytics, crash-reporting, push-notification and email providers) as described in the Privacy Policy.
13.2
Additional terms for Apple devices. If you downloaded the App from the Apple App Store: (a) these Terms are between you and New Stream only, and not with Apple Inc. (“Apple”); New Stream, not Apple, is solely responsible for the App and its content; (b) Apple has no obligation to provide any maintenance or support services for the App; (c) to the maximum extent permitted by law, Apple has no warranty obligation with respect to the App; (d) New Stream, not Apple, is responsible for addressing any claims relating to the App, including product-liability claims, claims that the App fails to conform to legal or regulatory requirements, and consumer-protection or privacy claims; (e) New Stream, not Apple, is responsible for the investigation, defence, settlement and discharge of any third-party claim that the App infringes intellectual property rights; (f) you represent that you are not located in a country subject to a U.S. Government embargo and are not on any U.S. Government list of prohibited or restricted parties; and (g) Apple and its subsidiaries are third-party beneficiaries of these Terms and may enforce them against you.
Additional terms for Apple devices. If you downloaded the App from the Apple App Store: (a) these Terms are between you and New Stream only, and not with Apple Inc. (“Apple”); New Stream, not Apple, is solely responsible for the App and its content; (b) Apple has no obligation to provide any maintenance or support services for the App; (c) to the maximum extent permitted by law, Apple has no warranty obligation with respect to the App; (d) New Stream, not Apple, is responsible for addressing any claims relating to the App, including product-liability claims, claims that the App fails to conform to legal or regulatory requirements, and consumer-protection or privacy claims; (e) New Stream, not Apple, is responsible for the investigation, defence, settlement and discharge of any third-party claim that the App infringes intellectual property rights; (f) you represent that you are not located in a country subject to a U.S. Government embargo and are not on any U.S. Government list of prohibited or restricted parties; and (g) Apple and its subsidiaries are third-party beneficiaries of these Terms and may enforce them against you.
14. Disclaimer
14.1
Since the App is a free beta version, it is provided on an “as is” and “as available” basis. To the maximum extent permitted by law, New Stream makes no warranty that the App will be uninterrupted, error-free or secure, or that the Results will be accurate or meet your expectations. New Stream is not responsible for the use made of the Results by the Issuing Organisation or by any person to whom it makes recommendations.
Since the App is a free beta version, it is provided on an “as is” and “as available” basis. To the maximum extent permitted by law, New Stream makes no warranty that the App will be uninterrupted, error-free or secure, or that the Results will be accurate or meet your expectations. New Stream is not responsible for the use made of the Results by the Issuing Organisation or by any person to whom it makes recommendations.
15. Limitation of liability
15.1
To the maximum extent permitted by law, New Stream, its officers, employees and service providers will not be liable for any indirect, incidental, special or consequential damage, or for loss of data, arising out of or in connection with the use of, or inability to use, the App or the Results, including any decision made in reliance on the Results.
To the maximum extent permitted by law, New Stream, its officers, employees and service providers will not be liable for any indirect, incidental, special or consequential damage, or for loss of data, arising out of or in connection with the use of, or inability to use, the App or the Results, including any decision made in reliance on the Results.
15.2
To the maximum extent permitted by law, New Stream’s total aggregate liability arising out of or in connection with the App and these Terms shall not exceed 500 NIS.
To the maximum extent permitted by law, New Stream’s total aggregate liability arising out of or in connection with the App and these Terms shall not exceed 500 NIS.
15.3
Nothing in these Terms excludes or limits liability that cannot be excluded or limited under applicable law, including liability for bodily injury caused by New Stream’s negligence, or liability for damage caused intentionally or by gross negligence.
Nothing in these Terms excludes or limits liability that cannot be excluded or limited under applicable law, including liability for bodily injury caused by New Stream’s negligence, or liability for damage caused intentionally or by gross negligence.
16. Suspension and termination
16.1
You may stop using the App and delete your account at any time.
You may stop using the App and delete your account at any time.
16.2
We may suspend or terminate your access to the App, with or without notice, if you breach these Terms, if required by law, if we receive a Parent’s objection, if we reasonably believe that your use endangers you or others, or upon discontinuation of the beta phase.
We may suspend or terminate your access to the App, with or without notice, if you breach these Terms, if required by law, if we receive a Parent’s objection, if we reasonably believe that your use endangers you or others, or upon discontinuation of the beta phase.
16.3
Upon deletion or termination of an account, your personal information, including your videos and Results, will be deleted or de-identified within the periods set out in the Privacy Policy, except for information we are required or permitted to retain by law, and except for training copies, which are not linked to your account (Sections 7.3 and 7.4).
Upon deletion or termination of an account, your personal information, including your videos and Results, will be deleted or de-identified within the periods set out in the Privacy Policy, except for information we are required or permitted to retain by law, and except for training copies, which are not linked to your account (Sections 7.3 and 7.4).
16.4
Sections 7 (as regards training copies and de-identified information), 9, 10, 14, 15, 18 and 19 survive termination.
Sections 7 (as regards training copies and de-identified information), 9, 10, 14, 15, 18 and 19 survive termination.
17. Changes to these Terms
17.1
We may update these Terms from time to time. We will notify you of material changes through the App or by email at least 14 days before they take effect. Where a change materially affects the way we use personal information, we will ask for your (and, for a Minor, your Parent’s) renewed consent where required by law.
We may update these Terms from time to time. We will notify you of material changes through the App or by email at least 14 days before they take effect. Where a change materially affects the way we use personal information, we will ask for your (and, for a Minor, your Parent’s) renewed consent where required by law.
17.2
Continued use of the App after the effective date of a change constitutes acceptance of the updated Terms. If you do not agree to the change, you may delete your account. The date of the latest update appears at the top of these Terms.
Continued use of the App after the effective date of a change constitutes acceptance of the updated Terms. If you do not agree to the change, you may delete your account. The date of the latest update appears at the top of these Terms.
18. Governing law and jurisdiction
18.1
These Terms are governed by the laws of the State of Israel. The competent courts in Tel Aviv-Jaffa shall have jurisdiction over any dispute arising out of or in connection with these Terms, without derogating from your right to file a claim in any other court having jurisdiction under law.
These Terms are governed by the laws of the State of Israel. The competent courts in Tel Aviv-Jaffa shall have jurisdiction over any dispute arising out of or in connection with these Terms, without derogating from your right to file a claim in any other court having jurisdiction under law.
19. General
19.1
These Terms, together with the Privacy Policy, constitute the entire agreement between you and New Stream regarding the App.
These Terms, together with the Privacy Policy, constitute the entire agreement between you and New Stream regarding the App.
19.2
If any provision of these Terms is held invalid or unenforceable, the remaining provisions remain in effect. A failure or delay in exercising any right does not constitute a waiver.
If any provision of these Terms is held invalid or unenforceable, the remaining provisions remain in effect. A failure or delay in exercising any right does not constitute a waiver.
19.3
You may not assign your rights under these Terms. New Stream may assign its rights and obligations under these Terms in connection with a merger, acquisition or sale of all or part of its business, provided that your rights under these Terms and the Privacy Policy are not adversely affected.
You may not assign your rights under these Terms. New Stream may assign its rights and obligations under these Terms in connection with a merger, acquisition or sale of all or part of its business, provided that your rights under these Terms and the Privacy Policy are not adversely affected.
20. Contact us
20.1
For any question regarding these Terms or the App, please contact us at:
support@onescrin.com
or by mail at New Stream Ltd., 3 Rappaport St., Kefar Sava, Israel.
For any question regarding these Terms or the App, please contact us at:
support@onescrin.com
or by mail at New Stream Ltd., 3 Rappaport St., Kefar Sava, Israel.