Team, Club & School Terms

Elite Rugby App is a trading name of BPM Performance Zone Limited, a company incorporated in New Zealand (NZBN 9429051799557), based in Christchurch, New Zealand. Version 2.0. Contact: help@eliterugbyapp.com.

These terms are a contract between BPM Performance Zone Limited, trading as Elite Rugby App (“we”, “us”), and the club, school, academy, union or other organisation (“you”, “the club”) that buys Elite Rugby App access for a squad. They apply together with our Terms of Service, Privacy Policy and Health & Safety Notice. Where these terms and the Terms of Service differ, these terms win for team matters. Each person you add to your roster is also bound by the Terms of Service when they use the app.

1. Who these terms are for

These terms apply when an organisation buys Elite Rugby App access for other people. The organisation is our customer. The players and coaching staff on the roster are users, not customers, and they do not pay us. If an individual buys their own subscription, the Terms of Service apply instead. The person who accepts these terms for the club confirms they have authority to bind it.

2. What you buy

• Seats. Access is sold per seat, per year. Our standard package starts at 25 seats. A different seat count can be agreed in writing and recorded against your account. Your roster may not exceed the seats you have bought.
• A fixed term. Your access runs from the start date to the end date in your order. It does not renew automatically and no card is charged automatically. Before the end date we will contact you about renewing; if you do not renew, access ends for everyone on the roster on the end date.
• Price. The price per seat, the currency and any tax are stated in your proposal and invoice. Prices shown on our website for other markets are indicative. Standard per-seat rates exist for several currencies; other currencies are quoted on request.
• What is included. Each person on the roster gets an Elite Rugby App account and full access to the app’s content for the term. Coaching staff also get the coach view of their own squad’s activity. EliteClass one-off purchases, our analysis service (section 10) and any other extras are separate unless your order includes them.
• Content changes. We add, update and remove content over time and coaches join and leave. We do not promise any particular coach or programme will remain available for the whole term.

3. Ordering and acceptance

• You order by accepting our written proposal (usually by email) or by paying our invoice. Either is acceptance of these terms and has the same effect as a signature.
• If we contacted you first, by phone or otherwise, and the law where you are gives you a cooling-off period for an uninvited sale, you have that right and we honour it. In New Zealand that period is 5 working days from receiving the written agreement, where the Fair Trading Act applies.
• You confirm that you are acquiring the service in trade, for your organisation’s purposes, and not as a consumer.

4. Invoices and payment

• We invoice you for the balance due, per contract year. The due date is on the invoice (normally 7 days). You can pay by bank transfer or by card through the payment page we send.
• If an invoice is unpaid after the due date, we may, after telling you, pause access for the roster until it is paid, and we may recover reasonable costs of collection.
• Fees are not refundable for change of mind or for people who do not use their seat. If we withdraw the service or end this agreement other than for your breach, we refund the unused part of the term in proportion.
• You are responsible for any tax that arises for you on the purchase. Tax we are required to charge is shown on the invoice.
• Renewal pricing may differ from the current term. We tell you the renewal price before you renew.

5. Managing your roster

• You nominate a contact (and, if you wish, a second) who is authorised to add and remove people and to instruct us about your roster. We act on that person’s written instructions and may decline instructions from anyone else.
• To add people you send us their first name, last name, email address and role (player or coaching staff). That is all we need. Please do not send dates of birth, medical information, photographs, home addresses or other details; if you do, we do not use them and we delete them.
• Each person must have their own email address. We do not create accounts for people without one, and we do not accept shared or placeholder addresses.
• Each person receives one activation email, addressed only to them, to set their own password. No other squad member’s address is visible in it.
• People you mark as coaching staff get the coach view: they can see, for each player in their squad, whether they have signed in, sessions and lessons completed and when they last trained. You decide who is coaching staff, and section 8 sets out what you confirm about them.
• You can ask us to remove a person, pause a person or restore a person at any time. Removing or pausing ends that person’s app access; their record is kept so they can be restored, and it is deleted on your or their request. Removing a person never cancels your subscription. Removing a player does not cancel any personal subscription they hold with us separately, unless they ask.
• Roster changes are made by our team on your instruction, normally within one business day.

6. Your responsibilities for your players’ information

When you give us your players’ and coaches’ details, you are sharing their personal information with us. You confirm and agree that:

• you have the authority to give us each person’s name, email address and role for the purpose of providing them with Elite Rugby App;
• for every player under 18 you hold, and will keep, the consent of a parent or legal guardian to that player using Elite Rugby App and to their details being shared with us, where the law that applies to you requires it, and in every case for players under 13;
• before or when you add a person, you will tell them (and, for a minor, their parent or guardian) that you are giving their name, email and role to Elite Rugby App, why, that our Privacy Policy explains how we use it, that we are based in New Zealand and our app is hosted in the United States, and that they can ask us or you to see, correct or remove their details. We will give you a short notice you can send that covers this;
• if you are a school, you comply with the student privacy laws that apply to you (for example FERPA and state law in the United States) and you have the authority under them to provide these details;
• you will tell us promptly when a person leaves your squad or your organisation, so we can end their access;
• you will use the coach view only for coaching your squad and not for any other purpose, and you will not share players’ activity information outside your coaching staff;
• you will not add anyone to your roster who is not a member of your organisation.

You will compensate us for loss we suffer because you did not have the authority or consent you confirmed, or because you broke this section.

7. Our responsibilities for your players’ information

• We use roster details only to create accounts, give and end access, show you and your coaching staff your squad’s activity, support your people, and keep the records we must keep. For roster membership we act on your documented instructions.
• We never send marketing to anyone on a team roster, never put them in advertising audiences, and never profile them for advertising. We keep that protection even after they leave the roster.
• Our providers who receive roster details are listed in our Privacy Policy. They include our app platform provider in the United States, which holds each person’s app login and activity, and our hosting, database and email providers. Where we use an artificial intelligence tool to read a squad list you send us, the list is processed to extract names and emails and is not retained by the tool. We hold providers to written terms and we remain responsible to you for them.
• We protect roster details as our Security statement describes.
• If a security incident affects your players’ information, we tell you without undue delay and within 72 hours of becoming aware, with what we know, so that you can meet your own duties to your players and their parents.
• When your term ends, access ends but records are kept so the roster can be restored if you renew. At your written request, and in any case if you have not renewed within 12 months of the end date, we delete roster records that we are not required to keep, and we instruct our app provider to remove the app accounts we created for your squad.
• We help you respond to a player’s or parent’s request to see, correct or delete their information, and we will act directly on such a request where the law requires us to.
• Roster details are held in New Zealand and with our providers as described in the Privacy Policy, including in the United States. New Zealand holds European Union and United Kingdom adequacy decisions, and for onward transfers we rely on our providers’ data protection terms.

8. Supervision, safeguarding and safety

• You are responsible for supervising your players’ training, for choosing age-appropriate content, and for adapting loads, volumes and technique progressions to growing athletes. Our adult programming is not written for young players.
• You confirm that each person you mark as coaching staff is authorised by you to coach your players and has completed the safeguarding, police vetting or background checks your organisation and your union require. You tell us immediately if that stops being true.
• Your union’s laws, safety guidance, contact-skill progressions, concussion protocols and stand-down periods for age-grade players always apply. Our content never overrides them, and nothing we publish is a return-to-play assessment.
• Our in-app support chat is between the member and our support team. We do not provide coach-to-player private messaging. Your coaches communicate with players through your own arrangements, following your safeguarding rules.
• You will make sure each player (and, for minors, their parent or guardian) has read our Health & Safety Notice and that each player is medically fit to take part in the training your coaches select.
• If you become aware of any safeguarding concern connected with Elite Rugby App, tell us at once at help@eliterugbyapp.com.

9. What a team seat lets you do

• Each seat is personal to one named person on your roster. Logins may not be shared or rotated between people.
• Your coaching staff may show Elite Rugby App content to your own registered players in team sessions, on your premises or online, as part of coaching your squad. You may not record, download, re-host, screen-capture or redistribute content, charge anyone to view it, or use it to coach people who are not members of your organisation.
• You are responsible for your people’s use of the app, including their compliance with the acceptable use rules in the Terms of Service.
• All content remains the property of Elite Rugby App and its coaches and partners, and section 15 of the Terms of Service applies.

10. Match-video analysis (ERA Analysis)

This section applies if your order includes our match-video analysis service. It is a service for coaches: you provide match footage, our system and analysts tag what happened, and you receive clips, statistics and reports.

Your footage and your responsibilities

• You own your footage, or you have the right to use it. You confirm that you have the consents and permissions needed to film the match and to have it analysed, including from or on behalf of your own players (and the parents or guardians of players under 18), and that filming at the venue and of the opposition and officials was permitted under your competition’s rules.
• You are the party responsible for the personal information in your footage. We process it on your instructions to provide the service. You give us the licence in this section to do so.
• You decide who at your club can see the results, and you are responsible for how your coaches use them with your players. For players under the age you set in your account (16 by default), any automated delivery of clips goes to a parent or guardian whose consent you have recorded, not to the player.

What we do with it

• Our software follows players through a match by their appearance, position and movement within that match, and identifies them by jersey number and team. It does not use facial recognition, does not create face templates or voiceprints, and does not link a person across different matches by their body or face. We will not introduce any such capability without telling you and obtaining the consents the law requires.
• Human analysts, who may be independent contractors bound by confidentiality, may view segments of your footage to tag or check events. They see match segments, not names, and only as much as the task needs.
• Footage, clips and results are stored with a major cloud provider in Australia and streamed to your coaches through time-limited links.
• Statistics are estimates from video and are marked where they are inferred rather than observed. They support coaching judgement; they are not a substitute for it and must not be the sole basis for a medical, disciplinary or eligibility decision about a person.
• Turnaround times we quote are estimates. Analysis is paid for with prepaid credits held against your account; credits are not spent on footage you have not accepted.

Improving our analysis technology

You grant us a non-exclusive, royalty-free licence to use your footage, the tags and corrections you and our analysts make, and the results, to develop, train, evaluate and improve our analysis technology. We use it in ways that do not identify your players by name, we do not publish it, we do not use footage of players under 18 in any marketing or public material without your separate written consent, and we do not use your footage to build a product for a competitor of your club. You may opt out of this improvement use for footage you upload after telling us in writing; we will confirm the change within 30 days.

Retention and deletion

We keep your footage and results for the life of your account so your coaches can return to them. You can ask us to delete any match or your whole archive at any time; we complete deletion within 30 days, including with our providers, except for de-identified material already used to improve our technology, which no longer identifies anyone. If your account is closed and not reopened within 12 months, we delete your footage and results.

11. Term, suspension and ending

• Your access runs to the end date in your order. On that date every person on your roster loses app access unless you have renewed. We remind you before the end date.
• We may suspend access for non-payment after notice, or immediately for a serious breach of these terms, a safeguarding concern, fraud, or misuse of content.
• Either of us may end this agreement for a material breach the other does not fix within 30 days of written notice.
• We may end this agreement on at least 60 days’ written notice if we withdraw the service, in which case we refund the unused part of the term in proportion.
• When the agreement ends, your people lose access, section 7 governs their records, and any fees already due remain payable.

12. Liability

What we never exclude. Nothing in these terms excludes or limits our liability for death or personal injury caused by our negligence where the law prohibits excluding it, for fraud, or for anything else the law does not allow us to exclude or limit.

Business terms. You acquire the service in trade. You agree that the New Zealand Consumer Guarantees Act 1993 does not apply, that sections 9, 12A and 13 of the Fair Trading Act 1986 do not apply as between us, and that it is fair and reasonable that we are bound by this, having regard to the nature of the service, its price, and the fact that you are an organisation buying for your members. Equivalent business exclusions apply where the law of your country permits them.

Exclusions and cap. Subject to the first paragraph, neither of us is liable to the other for indirect or consequential loss, loss of profit, revenue or goodwill, and our total liability to you under or in connection with this agreement in any 12-month period is limited to the fees you paid us in that period. Your liability to us under section 6 (your data confirmations) is not capped, because the loss it covers is loss you are in the best position to prevent.

Injury. You are responsible for supervising your players’ training. To the extent the law allows, we are not liable for injury arising from training your coaches select, supervise or fail to supervise, or from a player’s own use of the content outside your supervision. Our Health & Safety Notice applies to every person on your roster.

13. General

• Governing law. These terms are governed by New Zealand law and the New Zealand courts have non-exclusive jurisdiction. Where your country’s law gives an organisation rights that cannot be excluded, those rights apply.
• Disputes. Talk to us first at help@eliterugbyapp.com. Both of us will try in good faith for 60 days to resolve any dispute before starting proceedings.
• Changes. We may update these terms. A new version applies to your next renewal; it does not change the terms of a term you have already paid for, except where the law requires.
• Notices. By email to your nominated contact and to help@eliterugbyapp.com.
• Assignment. We may transfer this agreement to a successor of our business and will tell you if we do. You may not transfer it without our consent, not unreasonably withheld.
• Whole agreement. Your order, these terms, the Terms of Service, the Privacy Policy and the Health & Safety Notice are the whole agreement between us for team access. If any part is unenforceable, the rest stands.
• Events outside our control. Neither of us is responsible for delay or failure caused by events outside our reasonable control. If such an event stops us providing the service for more than 30 days, either of us may end the agreement and we refund the unused part of the term.