Basic User Terms and Conditions
Version 13, Updated 6 August 2019
1.1 Welcome to iSochal. If you wish to participate in any Challenge run by iSochal or create any free Challenge that does not involve rewards you agree to comply with and be bound by the following Basic User Terms and Conditions (“Terms”). If you disagree with any part of these Terms, you are not permitted to be a Basic User on iSochal.
1.2 The term “we” means iSochal, which is a trading name of Dostech Limited, a company registered in England whose registered office is Kings House Business Centre, Station Road, Kings Langley, Hertfordshire, England, WD4 8LZ and company registration number is 06139476 (“we”, “us” and “our” will be construed accordingly). Dostech Limited is the owner and operator of the website www.isochal.com (the “Website”) and its related websites, services, applications or tools (collectively referred to in these Terms as “iSochal” or the “Platform”).
1.3 The term “you” refers to a Basic User on iSochal. A Basic User is a registered user, who may also be a “Participant” in an iSochal Challenge or the creator of a free iSochal Challenge that does not involve rewards.
1.4 An iSochal Challenge is any measurable and comparable sport-related Challenge created and recorded through the iSochal app (a “Challenge”).
2 Becoming a Basic User
2.1 In order to become a Basic User, you must either be:
(a) over 16 years of age and legally authorized to enter into agreements according to applicable law; or
(b) over 13 and have the explicit consent of your parents or legal guardian. For these purposes, your parent or legal guardian will be required to complete an appropriate form which we will send to their email address.
2.2 If you are below 13, or below 16 without your parents or legal guardian’s consent, you are not permitted to register as user of the iSochal Platform or to participate in any iSochal Challenge or to create any Challenge on the iSochal Platform. By using the Platform, you confirm that you are over the relevant age specified above. If we learn that someone under the relevant age specified above is using the Platform, we will terminate that user’s account.
2.3 All Basic Users must register their details on the Platform. You must ensure that all the information you supply to us through the Platform, or otherwise in relation to your participation in iSochal, is true, accurate, current and non-misleading. The use of aliases, fictitious names or pseudonyms is not permitted.
2.4 These Terms for Basic Users are prepared under English law and jurisdiction. It is your obligation to ensure that your participation in any iSochal Challenge or your creation of a Challenge on the iSochal platform is lawful in the jurisdiction in which you are based.
3 User login details
3.1 If you register for an account with our Platform, you will be asked to choose a user ID and password.
3.2 You must not use your account or user ID to impersonate any other person.
3.3 You must keep your password confidential.
3.4 You must notify us in writing immediately if you become aware of any disclosure of your password.
3.5 You are responsible for any activity on our Platform arising out of any failure to keep your password confidential, and may be held liable for any losses arising out of such a failure.
4 Categories of Challenges
4.1 Challenges labelled: “Para Sports” are particularly suited to para athletes and para amateurs.
4.2 Challenges labelled: “Kids” are particularly suitable for those between the ages of 13 and 18 (who have obtained consent from their parent or guardian to participate in accordance with clause 2.1 above).
4.3 Parents, guardians, school teachers, sport coaches and youth club organisers are permitted to access Kids Challenges. Parents and guardians may use their own account to register their children (aged between 13 and 18) as Participants in Kids Challenges. School teachers, sports coaches and youth club organisers using iSochal must obtain parental consent before entering any child for participation in iSochal Challenges.
4.4 When creating a Challenge, you will be required to select an appropriate category. Available categories (which may be subject to change) are currently:
a) “Sport”: in this section users may select from a number of subcategories which all pertain to classic sports.
b) “Pure Fun”: in this section users may select from a number of fun and original Challenges which are not specifically related to classic sports.
c) “Great Skills”: in this section users may select Challenges which pertain to non-classic sports or specific skills, e.g. training exercises.
d) “Para Sports”: in this section users will find Challenges designed specifically for para-athletes.
e) “Kids”: in this section users will find Challenges that are designed for families, schools and children’s sports clubs.
4.6 When creating a Challenge, you will be able to select who may participate, that is either:
a) Reserved: in this case the Challenge is available to registered users upon invitation only
b) Everyone: in this case the Challenge is available to all eligible registered users
4.7 When creating a Challenge, you will be able to select who may see the Challenge:
a) Visible to all users
b) Visible only to Participants
4.8 When creating or participating in Challenges visible only to Participants, you accept that technical issues may occur which may, unintentionally, cause such Challenges and submissions to them to become visible to other users. In such a case, iSochal shall not be held responsible for such occurrence, although we will do whatever we can to rectify such problem once it is brought to our attention.
4.9 Challenges may be Standard or Advanced.
a) Standard Challenges may be recorded with either one or two phones. In the case multi-device recording is chosen, the admin user will select which secondary phone to sync to at each attempt.
b) Advanced Challenges must be recorded using two phones. The admin user will select which team he/she wishes to use and which phone he/she wishes to sync to. Neither of these selections can change and will remain the same for all attempts for that Challenge.
5 Challenge rules and regulations
5.1 Before participating in a Challenge, you accept upon yourself the obligation to understand and agree to comply with the specific Challenge Rules. These rules may be found on the “Challenge Rules and Rewards” tab.
5.2 If any aspect of the Challenge Rules are not clear to you or if you have any concerns or objections, you should contact iSochal before taking part in the Challenge. If you remain uncertain of any matter, you should refrain from participating in the Challenge.
5.3 iSochal cannot be held accountable for any claims related to your misunderstanding of the Challenge Rules, once you have entered into the Challenge competition.
5.4 Basic Users are allowed to create non-reward awarding Challenges. This means that you may not offer rewards for the Challenges you create. Users wanting to offer rewards in their Challenges must consult the iSochal Challenge Sponsor Terms and Conditions and apply to become Premium Users.
5.5 You will be able to submit proposed Challenge rules and regulations for your Challenge (the “Challenge Rules”).
5.6 All Challenges must be of a legal nature and not include or promote any unlawful or dangerous activity. Please note that iSochal encourages tasteful, realistic Challenges and may reject any Challenge that does not meet its requirements without prior notice.
5.7 iSochal encourages the creation of sport-inspired Challenges. Challenges which are not sport-specific may be created in the Pure Fun category. iSochal does not permit any Challenge which has or appears to have any political, religious or anti-social agenda.
5.8 We may review the Challenge Rules you submit to us and we reserve the right to amend or add to these rules for any reason. If we change the rules you have submitted, we will inform you.
6 Payment of Participation Fees
6.1 Challenges may be free for Participants or may require payment of a participation fee. Details of the fee (if any) will be stated in the Challenge Summary tab.
6.2 Prior to participation, payment must be made by the Participant into their iSochal wallet. When a Participant presses the “Participate” button in a paid Challenge, the participation fee will be deducted from his/her iSochal wallet.
6.3 Once money has been paid into the iSochal wallet, it will not be reimbursed, even if a Registered User does not take part in any paid Challenge or decides to close his/her account.
6.4 Once paid, participation fees are not reimbursed, even if Participants do not submit a performance or entry into the Challenge for any reason.
6.5 Participation fees would be reimbursed to Participants, by paying such fee back into the Participant’s iSochal wallet, in the event that the Challenge is cancelled by iSochal.
7 Winners and rewards
7.1 Participation in an iSochal Challenge:
a) Participation in an iSochal Challenge occurs by performing an attempt through the app and submitting it to the scoreboard. This attempt will then appear on the Challenge Scoreboard and All Rankings pages, which are available to all users, unless it is a reserved Challenge that is visible only to Participants.
b) Participation may be by individual Participants or by teams of Participants.
c) Users may only participate for one team per Challenge. Participation for more than one team per Challenge will result in the team’s disqualification.
7.2 Winners may be individual Participants or teams of Participants, according to the Challenge Rules.
7.3 Measurement of Participant’s entries into a Challenge will be determined either by:
a) iSochal’s automatic measuring tools, or
b) manual measurement conducted by the Participant or by iSochal.
7.4 Both the automatic measuring tools and manual measurements will be used by the iSochal ranking system to rank Participant entries and to decide winners.
7.5 Challenge winners will be visible on the iSochal scoreboard for all users to see in real time. Winners of rewards shall be contacted by iSochal using the contact information supplied by Participants. If for any reason the Participant’s details are found to be incorrect or unobtainable, or the winner does not respond to iSochal within 12 months of being notified of having won a reward, that reward shall be cancelled or given to another Participant.
7.6 Depending on the nature of the Challenge and the specific Challenge Rules and Rewards, Participants may also be winners of Artistic Awards. Artistic Awards are won by performances that receive the most votes from iSochal Users for the Artistic Award, or by the discretion of iSochal, by the Challenge end date. These awards may have additional criteria specified in the specific Challenge Rules and Rewards e.g. most stunning, most surprising.
7.7 Winners may be eligible to receive merchandise, money rewards or iSochal points. Money rewards may be based on the number of Participants or may be fixed. Details of all rewards will be set out in the Challenge Rules and Rewards.
7.8 In order to be eligible to receive a reward, the Participant agrees to be a micro brand ambassador (as described below), either for iSochal or for a third party brand (where that brand is the sponsor of the Challenge).
7.9 The obligation of the micro brand ambassador is to make a video (a “Winners Video”) according to the guidelines provided by the Challenge sponsor. The Winners Video will have a similar scope as the video recorded by the Participant for the Challenge which they won. The guidelines for producing the Winners Video will be set out in the Challenge Rules and Rewards.
7.10 The Winners Video must be recorded and submitted to iSochal by the winning Participant within one month of being announced as the winner of the Challenge.
7.11 If for any reason the winning Participant does not submit a Winners Video in accordance with the guidelines within the time period specified, iSochal may choose another Participant as the winning Participant.
7.12 The winning Participant will receive their reward within 60 days after submitting a qualifying Winners Video. All rewards are provided only by Challenge sponsors, as defined in the Challenge Sponsor Terms and Conditions. Any dispute or failure to provide the reward as stated in the Challenge Rules and Rewards is solely between the winning Participant and the Challenge sponsor. If the Winner is based in the UK, iSochal may send its representatives to personally deliver the reward to the winner. In such a case, the winner agrees to allow iSochal to interview and take photographs of the winner and to use such content for its own marketing purposes in accordance with the User Content rules set out below.
7.13 In the event that the Winners Video is submitted within the required time-frame, but for technical reasons (such as low quality recording) the Winners Video is deemed in the discretion of iSochal not to meet appropriate broadcast standards, the winning Participant may be requested to provide an alternative version or iSochal (or the sponsor of the Challenge) may choose to send a recording crew to the Participant to film the Winners Video.
7.14 Specifications to Winning Teams:
a) If the Challenge is a Standard Challenge, iSochal will contact the admin user (team member whose phone was used as the primary phone for recording). The admin user will be required to create a team on the app containing all the team members who participated in the Challenge. He/she will communicate the team’s name to iSochal to facilitate contact between the winners and the Challenge Sponsor.
b) If the Challenge is an Advanced Challenge, iSochal will contact the winning team’s admin (the team creator) to confirm that the members listed in the team are those who participated in the Challenge.
7.15 In case of a tie between two or more individuals or teams, there will be a run-off where the finalists will be invited to compete for a single first place and reward. Finalists will be given exclusive notification of the run-off details and must renew their participation in the run-off. Only notified finalists may participate in a run-off. Rules and regulations of the regular Challenge will apply. The run-off Challenge will have the same Challenge features and rules as the original Challenge (unless iSochal in its discretion determines that any changes are required in order to produce a clear winner).
8.1 Procedure for disputing a result or performance.
(a) To dispute a result or a performance, Participants will have the option of clicking on the ‘dispute button’ on the Platform. The dispute button will be visible next to a Participant’s Challenge submission. If you do not agree with another Participant’s results or believe s/he has not followed the rules, you may dispute another’s results by pressing this button. If you do not agree with automatic measuring system’s results, you may self dispute your own result;
(b) You will be invited to choose one of the following options:
- Unclear recording – Please explain.
- Unfair play – Please explain.
- Not following the rules – Please explain.
- Inaccurate score – Proposed score: (field for proposed score).
(c) Resolution and reasons will be made available to all users via the iSochal blog. Only then will final winners be contacted to receive their reward.
8.2 The iSochal Dispute Team shall be the final arbiter of all decisions. There will be no opportunity to dispute a decision made by the iSochal Dispute Team.
9 Fair play
9.1 No Participant is permitted to use any artificial, unfair or inappropriate means to win a Challenge.
9.2 Unless otherwise stated in the Challenge Rules, the standard rules of standard sports apply, with no exception. For example, a goal is considered a football that crosses the goal line within the goal area; a tennis ball may bounce once within the central part of the court before being hit.
9.3 Unless otherwise stated in the Challenge Rules, Challenges must take place on official and standard sized courts, pitches, tracks and fields and the sport equipment used must comply to sport standards. For example, a tennis Challenge must take place on an official, standard-sized tennis court using standard tennis balls and tennis racquets.
9.4 All interpretations of the iSochal Terms and Challenge Rules shall be made by iSochal, whose decisions and interpretations shall be final and binding.
9.5 iSochal reserves the right to cancel or terminate any Challenge for any reason.
9.6 iSochal reserves the right, at its sole discretion, to disqualify any individual it reasonably suspects to be tampering with the entry process, any part of the Challenge itself, or the results mechanism, by any means or suspected to be acting in violation of these Terms, the Challenge Rules or any other term or condition of the Challenge.
9.7 If iSochal determines, in its sole discretion, that unforeseen events have compromised the integrity or viability of a Challenge, iSochal reserves the right to void submissions, and/or terminate the Challenge.
9.8 Entry times and dates are based on GMT and on actual receipt by the iSochal Platform, regardless of the location of the Participant or the time when the Participant sent the submission. iSochal will not accept late entries for any reason whatsoever.
10 Promotions and free offers
10.1 iSochal may run promotions and free offers, which may be subject to additional terms or restrictions. These promotions and offers may not be transferred between Participants.
11 Postings and User Content
11.1 By participating in or creating an iSochal Challenge, you may be requested to submit to us images, videos or other content created by you and others under your direction or control (all of which is defined as “User Content“).
11.2 You understand that we are not obligated to accept or publish any User Content. However, whether or not such User Content is published, you understand and agree that you will be transferring to us rights to publish and use that User Content under the provisions of these Terms.
11.3 You shall be solely responsible for any User Content which you submit to us and for the consequences of any use or publication of that User Content.
11.4 You represent and warrant that:
i) you own or have the necessary rights and permissions to use and authorise us to use all copyright, trademark or other proprietary rights in and to any User Content to enable inclusion and use on iSochal and in accordance with these Terms; and
ii) whilst, you retain all of your ownership rights in your User Content, by submitting the User Content to us, you hereby grant us, in addition to any other rights which we may have, a worldwide, royalty-free, non-exclusive and transferable license (which is sub-licensable) to use, copy, prepare derivative works of (including without limitation, to rename, edit, shorten, split videos into different segments, and use an entire image or video or segments as part of compilations), display and broadcast the User Content in connection with iSochal and our business, and the business of any Client of iSochal, and including without limitation to grant access to third parties to view the User Content (and derivative works thereof) and to distribute the User Content through any and all media or distribution methods now available or later developed; and
iii) you will not:
a) submit any material that is false or misleading;
b) submit any material which is not owned by you or which is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you have permission from their rightful owner to post the User Content and to grant us all of the license rights granted herein;
c) submit any material that is unlawful, obscene, libellous, threatening, pornographic, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law; or
d) misidentify yourself in submitting the User Content or misstate your true identity or the identity of anyone appearing in the User Content.
11.5 Any breach of the above warranties will result in your participation being immediately terminated and your account being cancelled and may also result in you becoming liable to legal action.
12 Your right to cancel
12.1 You have the right to cancel your participation in any iSochal Challenge at any time. However, do note that we do not refund any Challenge Fees and we are not able to remove User Content once it has been submitted.
13 Limitations and Exclusions of Liability
13.1 Participants acknowledge that there are risks associated with their participation in Challenges. Before entering a Challenge, each Participant is responsible for ensuring their health, fitness and experience is suitably matched to the requirements of the Challenge. All Participants agree to undertake any medical check or to seek advice from appropriate medical professionals before undertaking any physical Challenge. Participants who are pregnant or who are suffering from any injury, disability or are may otherwise suffer any harm or damage by undertaking a Challenge should not participate.
13.2 Basic Users agree to follow the Challenge Rules and to release, discharge, and hold harmless iSochal, and its affiliates, subsidiaries, and agents, together with the present and future agents, employees and representatives of each of them, from any and all responsibility or liability whatsoever for any property loss, damage, personal injury, or death, in connection with the Challenge.
13.3 iSochal does not monitor every Challenge which is posted on its platform. Although strictly prohibited by our terms, due to the fact that Challenges posted are not all monitored, users may post up Challenges which are risky, dangerous or liable to cause injury to Participants. You must use your own judgment before deciding to enter into any Challenge. If you see any Challenge on iSochal that you believe is dangerous or against the rules of iSochal please contact us immediately at firstname.lastname@example.org.
13.4 Our liability to you in relation to your use of any functionality available on the iSochal Platform or otherwise in connection with these Terms, whether in contract, tort (including negligence) or otherwise, will be limited as follows: Dostech Limited and its employees will not be liable to you for any loss or damage of any nature (arising directly or indirectly); Dostech Limited and its employees will not be liable for any consequential, indirect or special loss or damage and will not be liable for any loss of profit, income, revenue, anticipated savings, contracts, business, goodwill, reputation, data, or information.
13.5 Nothing in these Terms will limit or exclude our liability for death or personal injury resulting from negligence, limit or exclude our liability for fraud or fraudulent misrepresentation or limit any of our liabilities in any way that is not permitted under applicable law.
13.6 By agreeing to become a Basic User, you agree that the exclusions and limitations of liability set out in these Terms are reasonable. If you do not think they are reasonable, you must not participate in any iSochal Challenge.
14.1 If you breach these Terms you will be held fully responsible for any loss suffered by us as result of such breach and will be held accountable for all losses caused or profits gained by you from breaching these Terms.
14.2 You agree to indemnify us and undertake to keep us indemnified against any losses, damages, costs, liabilities and expenses (including, without limitation, legal expenses) incurred or suffered by us arising out of any breach by you of any provision of these Terms.
15.1 The failure by us to enforce at any time or for any period any one or more of the Terms shall not be a waiver of them or the right at any time subsequently to enforce all Terms.
16.1 If any provision of these Terms shall be found by any court to be invalid or unenforceable, such invalidity or unenforceability shall not affect the other provisions of these Terms which shall remain in full force and effect.
16.2 If any provision of these Terms is so found to be invalid or unenforceable but would be valid or enforceable if some part of the provision were deleted, the provision in question shall apply with such modification(s) as may be necessary to make it valid and enforceable.
17.1 We may revise these Terms from time to time. Revised Terms will apply to the use of iSochal and your participation in any iSochal Challenge from the date of the publication of the revised Terms on iSochal. Please check this page regularly to ensure you are familiar with the current version.
18 Exclusion of Third Party Rights
18.1 These Terms are for the benefit of you and us, and are not intended to benefit any third party or be enforceable by any third party. The exercise of our and your rights in relation to these Terms is not subject to the consent of any third party.
19 Entire Agreement
19.1 These Terms constitute the entire agreement between you and us in relation to the subject matter of these Terms, and supersede all previous agreements in respect of the same.
20 Jurisdiction and Governing Law
20.1 These Terms shall be governed by and construed in accordance with English law. Any dispute, claim or matter arising out of, or relating to, these Terms shall be subject to the exclusive jurisdiction of the English courts.
Version 13, 6 August 2019