Terms of Service

1.1 In these Terms and Conditions, the following definitions apply:

Applicable Laws: Any law, rule, regulation, ordinance, or other requirement of a governmental authority applicable to a Party or to the use of the Website.

Confidential Information: All non-public, proprietary, or confidential information disclosed by one Party to the other, whether oral, written, electronic, or in any other form, including business, technical, financial, or operational information.

Content: All text, images, graphics, data, software, information, and other materials made available on or through the Website.

Intellectual Property Rights: All intellectual property rights in any jurisdiction worldwide, including without limitation patents, utility models, registered and unregistered trade marks, rights in business names and domain names, registered and unregistered design rights, copyrights, database rights, rights in confidential information and know-how, and all applications and rights to apply for any of the foregoing.

Platform: The Felton proprietary SaaS platform, being a cloud-based Fan Intelligence Platform that uses artificial intelligence and machine learning to profile digital fan communities, measure sentiment, and generate actionable insights for sports and entertainment organisations, accessible to authorised customers under a separate subscription agreement.

Privacy Laws: Applicable laws governing the collection, processing, disclosure, storage, transfer and use of personal data, including Regulation (EU) 2016/679 (GDPR) and the EU Artificial Intelligence Act (Regulation (EU) 2024/1689).

User: Any individual or entity that accesses or uses the Website.

Website: The Felton website at https://www.felton.ai/, including all pages, subdomains, and content available therein.

1.2 In these Terms and Conditions, unless the context requires otherwise: a reference to a "person" includes any individual, corporation, partnership, or other legal entity. Words in the singular include the plural, and vice versa. References to any statute or statutory provision include any subordinate legislation and refer to that statute or provision as amended, re-enacted, or replaced from time to time. References to time shall, unless otherwise specified, refer to local time in Lisbon, Portugal. The words "including", "include", "in particular", or similar expressions are illustrative and shall not limit the generality of the preceding words.

2.1 Felton is a Fan Intelligence Platform that leverages artificial intelligence and machine learning to help sports and entertainment organisations understand and engage with their digital fan communities. Our Website provides information about our products, services, and company, and serves as a gateway for prospective and existing customers to learn about and access our Platform.

2.2 These Terms and Conditions apply to all Users who access or browse the Website, including prospective customers seeking information about Felton's products and services, existing customers and their authorised representatives, and any other individual or entity who accesses the Website for any purpose.

2.3 Access to and use of the Platform (as distinct from the Website) is governed by a separate subscription agreement between Felton and the relevant customer. These Terms and Conditions do not constitute or form part of any such subscription agreement.

3.1 By accessing, visiting, or using the Website, you confirm that you are fully and clearly aware of the rules and information set out in these Terms and Conditions, and you agree to be bound by them.

3.2 If you do not agree with these Terms and Conditions, you must not access or use the Website or any of its Content.

3.3 We reserve the right to update or modify these Terms and Conditions at any time. Updated Terms and Conditions will be posted on the Website with a revised "Last updated" date. Your continued use of the Website following such changes constitutes your acceptance of the revised Terms and Conditions.

4.1 Subject to these Terms and Conditions, Felton grants you a limited, revocable, non-exclusive, non-transferable, and non-sublicensable right to access and use the Website solely for your internal business purposes or for informational purposes related to Felton's products and services.

4.2 You are responsible for all activities that occur as a result of your use of the Website. You agree to use the Website in compliance with these Terms and Conditions and all Applicable Laws.

4.3 You shall not access, store, distribute, or transmit through the Website any material that is unlawful, harmful, threatening, defamatory, obscene, infringing, harassing, or racially or ethnically offensive; facilitates illegal activity; depicts sexually explicit images; promotes unlawful violence; is discriminatory; or is otherwise illegal or causes damage or injury to any person or property.

4.4 You shall not attempt to copy, modify, duplicate, create derivative works from, frame, mirror, republish, download, display, transmit, or distribute all or any portion of the Website or its Content; attempt to de-compile, reverse compile, disassemble, reverse engineer, or otherwise reduce to human-perceivable form all or any part of the Website or Platform; access the Website in order to build a competing product or service; use unauthorised automated systems; perform unauthorised data collection; or interfere with the security, integrity, or availability of the Website.

4.5 Felton reserves the right, without liability, to immediately suspend or terminate a User's access to the Website if they breach this clause 4 or any other provision of these Terms and Conditions.

5.1 The Website provides information about Felton's products, services, and technology. All Content on the Website is provided for informational purposes only and does not constitute legal, financial, or professional advice.

5.2 Felton's Platform uses artificial intelligence and machine learning technologies to generate analytics, insights, and sentiment analysis. Where any such AI-generated content or illustrative outputs are displayed on the Website, Users acknowledge that such outputs are illustrative and informational in nature; AI-generated insights and recommendations are probabilistic and may not be error-free, complete, or predictive; and Felton's AI models and algorithms are designed and operated in accordance with the principles of transparency, fairness, accountability, and data minimisation, and in compliance with the EU Artificial Intelligence Act (Regulation (EU) 2024/1689) and applicable Privacy Laws.

5.3 Felton reserves the right to update, modify, remove, or restrict access to any Content on the Website at any time without prior notice.

6.1 By using the Website, you commit to ensuring the security and confidentiality of any account credentials; not using the Website in a way that causes damage to the Website, its infrastructure, or other Users; not providing unsolicited or unauthorised information; not transmitting harmful code; not interfering with security-related features; always using the Website in accordance with these Terms and all Applicable Laws; and ensuring that your systems meet any technical requirements notified by Felton.

6.2 Felton has no liability for any interruptions, degradation, or failures of the Website arising from your own systems or connectivity issues.

7.1 Felton will make every reasonable effort to ensure that the Website is free from viruses, malware, and other harmful elements. However, Felton cannot guarantee that the Website is entirely free from such risks. Users are advised to maintain appropriate security measures on their own devices.

7.2 To ensure the security, integrity, and availability of the Website, Felton may, at any time and without prior notice, take any measures it deems necessary, including temporary suspension of access.

7.3 If you become aware of any suspected or actual security breach, unauthorised access, or misuse of the Website, you shall promptly notify Felton at [email protected].

8.1 Felton shall use commercially reasonable efforts to make the Website available, but does not warrant that the Website will be uninterrupted, error-free, or continuously available.

8.2 Felton may suspend, block, interrupt, or terminate access to the Website when necessary due to technical, strategic, legal, or business reasons; to ensure security; where there are reasonable suspicions of fraudulent use; for maintenance, repair, modification, or update; or in other duly justified circumstances.

8.3 Felton also reserves the right, at any time, permanently or temporarily, to close the Website or any of its features without prior notice.

9.1 The Website may contain links to websites, platforms, or services operated by third parties. The inclusion of any link does not imply any endorsement of their products or services.

9.2 Use of any third-party links is at the sole risk of the User. Felton expressly disclaims all responsibility and liability for the content, practices, or policies of any third-party website or service accessed through the Website.

9.3 Any agreement entered into between a User and any third party through or in connection with the Website shall be solely between the User and such third party.

10.1 Felton is committed to protecting the privacy and personal data of its Users. The collection, processing, and storage of any personal data is governed by Felton's Privacy Policy, available on the Website.

10.2 Felton processes personal data in accordance with Regulation (EU) 2016/679 (GDPR), the EU Artificial Intelligence Act (Regulation (EU) 2024/1689), and all other applicable Privacy Laws.

10.3 Where the Website uses cookies or similar tracking technologies, such use is governed by Felton's Cookie Policy, available on the Website.

10.4 For any queries relating to personal data or privacy, please contact us at [email protected].

11.1 All Intellectual Property Rights in and to the Website, its Content, and any updates, enhancements, or modifications thereof, are and shall remain the exclusive property of Felton and/or its licensors.

11.2 As a User, you are not authorised to copy, modify, reproduce, transmit, publish, display, distribute, sell, license, or otherwise exploit any Content from the Website without the prior written consent of Felton.

11.3 The Felton name, logo, and brand identity are registered trade marks. Nothing in these Terms grants any User any right or licence to use such trade marks.

11.4 Any rights not expressly granted herein are reserved by Felton.

11.5 To the extent that any User provides Feedback, Felton shall be free to use such Feedback without restriction, and the User hereby irrevocably assigns all rights in such Feedback to Felton.

12.1 To the fullest extent permitted by law, you agree to indemnify, defend, and hold harmless Felton and its affiliates, officers, directors, employees, agents, and subcontractors from and against any claims, damages, losses, liabilities, costs, and expenses arising from your access to or use of the Website; any content you submit; your violation of these Terms; or your violation of any Applicable Laws or the rights of any third party.

The Website and all Content are provided on an "as is" and "as available" basis. All warranties, conditions, and representations are excluded to the fullest extent permitted by law.

13.2 Felton shall not be liable for any losses or damages caused by the unavailability of the Website; any direct, indirect, incidental, consequential, special, or punitive damages; errors or inaccuracies in Content; damages from third-party links; or loss or damage from events beyond Felton's reasonable control.

13.3 Nothing in these Terms limits liability for death or personal injury caused by negligence; fraud; or any liability which cannot be excluded under Applicable Laws.

13.4 To the maximum extent permitted by law, Felton's total aggregate liability shall not exceed EUR 500.

14.1 Felton shall have no liability if prevented from or delayed in providing access to the Website due to a Force Majeure Event.

"Force Majeure Event" means any event beyond the reasonable control of Felton, including acts of God, natural disaster, epidemic or pandemic, war, armed conflict, terrorist attack, sanctions or embargo, government action, fire, explosion, labour disputes, interruption of utility or internet services, power outages, or failures in hosting or cloud infrastructure.

Felton reserves the right to remove any content submitted by Users on interactive features of the Website that Felton considers offensive, illegal, explicit, graphic, or in violation of these Terms, without prior notice or liability.

16.1 Any Confidential Information exchanged between Users and Felton in connection with the Website shall be kept strictly confidential and used only for the purposes for which it was provided.

16.2 Felton may identify Users who make enquiries as prospective clients in its internal records, but shall not disclose Confidential Information to third parties without prior written consent, except as required by law.

16.3 These confidentiality obligations shall survive for five (5) years, or indefinitely with respect to trade secrets.

Felton may update or modify these Terms at any time. Changes will be posted on the Website with a revised "Last updated" date and will take effect 15 days after publication, unless otherwise required by law. Continued use of the Website constitutes acceptance of the revised Terms.

18.1 If any provision of these Terms is or becomes illegal, invalid, or unenforceable, the other provisions shall remain in full force and effect.

18.2 If any provision would be legal, valid, and enforceable if some part of it were deleted, such provision shall apply with the minimum modifications necessary.

19.1 These Terms (together with any documents expressly incorporated by reference) constitute the entire agreement between Felton and each User in respect of the use of the Website.

19.2 Each User acknowledges that they have not relied upon any representation not expressly set out in these Terms. Nothing in this clause limits or excludes liability for fraud.

Nothing in these Terms is intended to create a partnership, joint venture, agency, employment, or other legal relationship between Felton and any User. Neither party shall have authority to act on behalf of the other.

Unless expressly stated otherwise, a person who is not a party to these Terms has no right to enforce any of its terms.

22.1 For any complaints or queries regarding the Website, please contact us at: [email protected]

22.2 If you reside in a Member State of the European Union other than Portugal, you may also submit a complaint through the European Consumer Centre website.

22.3 Further information is available through the Consumer General Directorate website: https://www.consumidor.gov.pt/

22.4 In the event of a consumer dispute whose value does not exceed €5,000.00, the dispute may be subject to arbitration or mediation through legally authorised centres including CACCL (Lisboa), CICAP (Porto), and CNIACC (Braga).

These Terms, any non-contractual obligations arising out of or in connection with them, and any claim or dispute arising out of or in connection with the Website, shall be governed by and construed in accordance with the laws of Portugal.

24.1 Each User irrevocably agrees that the courts of Lisbon, Portugal, shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with these Terms or the Website.

24.2 Nothing in these Terms will prevent Felton from seeking interlocutory or other interim relief in the courts of any other appropriate jurisdiction.

Plantel Protagonista, S.A. | Rua da Prata, No. 80, 1st floor, 1100-420 Lisbon, Portugal | Registered No. 515665282 | [email protected] | www.felton.ai