Part 1 – General Terms and Conditions (GTC)
1. Scope and Provider
1.1 These General Terms and Conditions (“GTC”) govern the contract for the use of the MatchIQ service between 360Footballarena GmbH, Bächlistrasse 1, 8425 Oberembrach, Switzerland (hereinafter “Provider”, “we”) and the customer (hereinafter “Customer”).
1.2 MatchIQ is offered to clubs, organizations, and commercial customers (“Business Customers”) as well as private individuals (“Consumers”, e.g., players or their parents). Where a provision explicitly applies only to Consumers, this is noted. Mandatory consumer protection regulations of Swiss law always take precedence over these GTC.
1.3 By placing an order or accepting these GTC in the ordering process, the contract is concluded exclusively between the Customer and the Provider. The Provider renders the service using a technical platform of a third-party provider (see Section 2.3); this does not create a contractual relationship between the Customer and this third-party provider.
1.4 Deviating terms of the Customer shall only apply if the Provider has agreed to them in writing.
2. Service Description
2.1 MatchIQ is an AI-powered, video-based analysis of football matches and training sessions. Based on the video material (“Footage”) provided by the Customer, game and performance data as well as graphical evaluations are generated and made available to the Customer via an online dashboard and/or as a report.
2.2 The specific scope of services (type of analysis, number of games/minutes, evaluations) depends on the respective order or the selected package.
2.3 The technical processing of the Footage is carried out via the platform and technology of BigBro.AI Inc., 8 The Green, Ste A, Dover, DE 19901, USA, which acts as the Provider's technical service provider (data processor). Details on data processing can be found in Part 2 (Data Protection) below.
2.4 The Provider endeavors to provide analyses generally within 24 hours after complete upload, but does not owe a specific delivery period. Information regarding recognition accuracy, availability, or processing time are indicative values and not guaranteed properties.
3. Conclusion of Contract and Order
3.1 Ordering is done via the platform/application provided by the Provider. The contract is concluded upon confirmation of the order by the Provider or upon activation of the service.
3.2 A prerequisite for the provision of the service is that the Customer provides suitable Footage and fulfills the obligations according to Section 4.
4. Customer's Obligations and Assurances
4.1 The Customer ensures that the uploaded Footage is free from third-party rights that would prevent its processing.
4.2 Consents (essential): The Customer assures that before uploading, they have obtained all necessary consents from all identifiable persons in the Footage (especially the filmed players), namely for the recording, processing, and transmission to the technical service provider in the USA in accordance with Part 2 (Data Protection). For minors, the consent of the parents or legal guardians is required.
4.3 The Customer shall indemnify the Provider against all third-party claims arising from a breach of the obligations under Sections 4.1 and 4.2 (e.g., missing consents).
4.4 The Customer shall treat access data to the dashboard confidentially and not disclose it to third parties.
4.5 The Customer shall refrain from reverse engineering, reproducing, making available to third parties, or publishing benchmarks or performance analyses from the platform or the underlying software.
5. Prices and Payment
5.1 The prices indicated in the ordering process apply. The Provider is subject to VAT (VAT No. CHE-270.100.955 MWST). Prices for Consumers include statutory VAT; for Business Customers, VAT will be shown separately.
5.2 Payment is generally made directly in the ordering process (advance payment via the platform). If, in exceptional cases, an invoice is issued by the Provider (e.g., for Business Customers), the invoice is payable within 14 days from the invoice date, unless otherwise agreed.
6. Delivery and Availability
6.1 Provision is made electronically via the dashboard and/or as a digital report.
6.2 The Provider does not guarantee uninterrupted availability of the platform. Maintenance work, disruptions at the technical service provider, or force majeure events may lead to temporary restrictions.
7. No Right of Withdrawal for Digital Services
7.1 Under Swiss law, there is no general statutory right of withdrawal or return for online orders. As the service is digital and rendered immediately after ordering, a withdrawal after the start of processing is excluded, to the extent permitted by law.
8. Warranty and Defects
8.1 The Provider renders the service with due diligence. The AI-powered analysis is based on automated evaluation; minor deviations or recognition errors do not constitute a defect.
8.2 Obvious defects must be reported to the Provider within a reasonable period after provision. The Provider endeavors to remedy defects (e.g., by re-evaluation). Mandatory statutory warranty rights remain unaffected for Consumers.
9. Liability
9.1 The Provider is liable for damages caused intentionally or by gross negligence. In all other respects, liability – including for auxiliary persons and third-party providers – is excluded to the extent permitted by law, especially for slight negligence, indirect damages, consequential damages, and loss of profit.
9.2 Any liability shall, to the extent permissible, be limited to the amount of the remuneration paid for the relevant order.
9.3 For Consumers, the mandatory statutory liability provisions apply; Sections 9.1 and 9.2 shall only apply to the extent permitted by law.
10. Intellectual Property
10.1 The rights to the platform, the software, and the underlying technology remain with the Provider or its technical service provider.
10.2 The Customer may use the created analysis results (statistics, graphical evaluations, reports) within the scope of their own sporting or business activity. Any disclosure or commercial exploitation to third parties requires the prior consent of the Provider.
11. Confidentiality
Both parties shall treat non-public information of the other party confidentially and use it only for the performance of the contract.
12. Force Majeure
The Provider is not liable for delays or failures resulting from events beyond its reasonable control (e.g., natural disasters, governmental actions, failures of telecommunication or third-party services).
13. Amendments to the GTC
The Provider may amend these GTC with effect for future orders. The version published at the time of the order is decisive.
14. Applicable Law and Jurisdiction
14.1 Swiss law shall apply exclusively, excluding the UN Convention on Contracts for the International Sale of Goods and the conflict of law rules of private international law.
14.2 The exclusive place of jurisdiction is the domicile of the Provider (Oberembrach, District Bülach, ZH), to the extent permitted by law. For Consumers, mandatory statutory places of jurisdiction (in particular at the Consumer's domicile) remain reserved.
Part 2 – Data Protection
1. Controller
The controller for data processing within MatchIQ is: 360Footballarena GmbH, Bächlistrasse 1, 8425 Oberembrach, Switzerland, info@360footballarena.ch.
For orders placed by clubs/organizations that decide on the analysis of their players themselves, the Provider processes the data as a data processor on behalf of the respective club (which is then the controller).
2. Which Data We Process
- Video material (Footage) of football matches/training sessions and the identifiable persons therein (especially players);
- performance and game data derived therefrom (statistics, position/movement data, graphical evaluations);
- order and contact data (name, email, billing information).
If minors are concerned, their data will only be processed on the basis of the consent of their parents or legal guardians.
3. Purpose and Legal Basis
The processing is carried out for the provision of the ordered video analysis and for contract and billing processing. The legal basis is the performance of the contract and, for the processing of personal data of the filmed players and the transmission to the USA (see Section 4), the consent of the data subject or their legal representative.
4. Processing by Third Parties and Data Transfer to the USA
For technical processing, the Provider uses BigBro.AI Inc., 8 The Green, Ste A, Dover, DE 19901, USA, as a data processor. The Footage is transferred to the USA and processed there.
The USA does not in all cases offer a level of data protection equivalent to Swiss law. The transfer is therefore based on the explicit consent of the data subject or their legal representative and on a contractual agreement for data processing between the Provider and BigBro.AI Inc. with appropriate safeguards.
No further transfer to third parties takes place, unless legally required.
5. Retention and Deletion
Personal data will only be processed for as long as it is necessary for the stated purpose or due to legal obligations. After completion or upon request, the data will be deleted or returned, unless there is a legal retention obligation to the contrary.
6. Rights of Data Subjects
Data subjects have the right to information, rectification, deletion, and to withdraw a given consent (with effect for the future). Inquiries should be sent to info@360footballarena.ch. There is also a right to lodge a complaint with the Federal Data Protection and Information Commissioner (FDPIC).