A Mythic Software product

Terms and conditions

1. Parties, contact details and changes

The use of our services is set out in these general terms and conditions, which are agreed between Mythic Software (hereinafter "Mythic Software") and you, the user (hereinafter "User") and/or Customer. The use of our services implies acceptance of our general terms and conditions.
Mythic Software may alter the general terms and conditions. You will be notified of these changes. If you do not wish to accept them, you always have the option of terminating the Contract and the use of Mythic Software's services. If you continue using Mythic Software's services after changes to the general terms and conditions, you are considered to have accepted these changes. The most recent version of the general terms and conditions is applicable to the User.
The User must keep a copy of the applicable general terms and conditions.

1. Mythic Software

Our contact details are as follows:
Mythic Software
Chaussée de Braine-le-Comte 28 B
1400 Nivelles
Company registration number 0823.355.301
VAT number BE0823.355.301
E-mail address: support[ AT ]mythicsoftware.be

2. Customer - User

A User Account shall be created for each Customer for the professional use of the Sport Vision AI Services. Various Users can be designated for each Customer, for each of whom a User Account is created. The User can use these services for professional or business use in the organisation that he/she represents. The Contract is concluded with the Customer but the User also has obligations when using the Sport Vision AI Services and the Sport Vision AI Platform, which are set out in these general terms and conditions.
The User shall ensure that the required data he/she enters on his/her own behalf or that of the Customer, i.e. the person (natural or legal person) which he/she represents, are accurate, complete and correct. In the event that the User's data changes, the User shall notify Mythic Software promptly by post or by e-mail, using our contact details as stated above.

3. User Account

The User gains access to the Sport Vision AI Services, the Sport Vision AI Platform and those sections of the website which are secured and cannot be accessed by non-users, by means of a user name and password ("User Account").
The User Account may only be used by one User and cannot be transferred. The User is liable for every use of the Sport Vision AI Services through his/her account. Therefore the User may not share his/her login with a third party to give access to the Sport Vision AI Services and the Sport Vision AI Platform. The User shall take care to ensure that his/her user name and password are not disclosed.

2. Description of the services

Mythic Software offers a software product called Sport Vision AI for private and professional photographer who want to automatically tag pictures with numbers found on the pictures (hereinafter "Sport Vision AI Platform" and "Sport Vision AI Services").

1. Dashboard

The "Dashboard" enables the user to visualise all the key data linked to his account. The number of remaining credits, the billing info,...

2. Adobe Lightroom plugin

The plugin enables the connection between the services and Adobe Lightroom where the tags are stored.

3. Quality of the Sport Vision AI Services

1. Best effort obligation

Mythic Software does not accept any obligation of result but invests commercially reasonable resources to ensure the Sport Vision AI Services are as user-friendly, accurate and smooth as possible.
Mythic Software strives to offer correct and current information, both in the User Account and in the general section of the website. However Mythic Software cannot guarantee this, which is why it does not accept any liability with regard to the content of the information provided.

2. Service level

Mythic Software strives to ensure the website is available and accessible as much as possible. However Mythic Software does not guarantee 24/7 access or availability. Reduced access and availability may arise, for example, from maintenance work, repairs to disruptions, etc.
If the Sport Vision AI Services are not accessible, Mythic Software will make all commercially reasonable efforts to deal with the inconvenience as quickly as possible.
Mythic Software guarantees paying Users that access to the Sport Vision AI Services will be restored within 2 working days. Non-paying Users have no right to any guaranteed service.
If this level of service is not provided, compensation will be offered in proportion to the period of unavailability and the monthly sum paid. Under no circumstances shall the compensation exceed the amount of the last paid package.

3. Technical requirements

The User shall use the most recent version of the browser of his/her choice. By using older browsers, the User runs the risk that not all the functions of the Sport Vision AI Services will be available or work correctly.
The User shall use Adobe Lightroom and the provided plugin to tag the pictures.

4. Duration of the Agreement

The Agreement comes into force on the day of the User's registration and shall last at least one month.
The Agreement is of unlimited duration. The Customer can terminate the Agreement at any time subject to one month's notice. The Customer shall send an e-mail or a registered letter to Mythic Software, using the contact details provided above.

5. Prices, invoicing and payment

1. Basic price

The use of the Sport Vision AI Services will be invoiced at the applicable rates (as indicated on the website).
Mythic Software can alter its rates at any time. Mythic Software shall inform the User of rate changes by e-mail. Altered rates will apply with immediate effect.

2. Free test period

The Customer receive free credits at the subscription which can be use immediately.

3. Invoicing

Invoices are drawn up immediately.

4. Payment

The User can choose between the following payment methods: debit card or credit card. The payment method shall be chosen when the User buy a product.

6. Legitimate and lawful use of the Sport Vision AI Services

The User and the Customer shall solely use the Sport Vision AI Services for legitimate and lawful purposes.
In his/her relationship and contact with Mythic Software or other Mythic Software Users, the User shall respect general standard of decency and shall refrain from offensive language, insults, etc.

7. Liability

The User is solely liable for the use of the Sport Vision AI Services, more specifically for the correctness of the data stored, etc.
The User and the Customer use the Sport Vision AI Platform and the Sport Vision AI Services at their own risk. Mythic Software has no obligation of result with regard to the accuracy and the correct operation of its services and does not give any guarantee to this effect.
Consequently, the User/Customer are entirely liable for any complaints or claims from third parties arising from incorrect delivery, etc. Mythic Software cannot be held liable for this. Neither the User nor the Customer has any right to redress from Mythic Software.
Mythic Software is only responsible for intentional negligence or fraud on its part. It does not accept any liability for other errors (including serious error). Mythic Software is not responsible for damage or loss as a result of unauthorised access to or use of the User Account.
In any event, Mythic Software's liability shall be limited to the compensation of damage resulting directly from its serious error or fraud, to a maximum amount equal to the total amount of the last package which the User has effectively paid. Mythic Software explicitly does not accept liability for indirect damage, including consequential loss, loss of profits, lost savings or damage due to business stagnation.

8. Protection of personal data

1. The processing of personal data by the User

The User / Customer will process personal data (e.g. customer data) using the Sport Vision AI Services and the Sport Vision AI Platform. Such processing is the sole responsibility of the User / Customer. He/she shall ensure that this processing is done in accordance with the applicable legislation. In this case, Mythic Software shall act as a processor in accordance with the User's instructions, without carrying out any operations on this personal data that has been disclosed.
The personal data is held on servers within the European Union and secured according to the provisions of margin no. 9. The User / Customer shall verify whether this is sufficient for his/her purposes and shall bear responsibility doing so.

2. The processing of personal data by Mythic Software

The User shall provide personal data when registering for Mythic Software, which shall be processed by Mythic Software (such as a name, e-mail address, address etc.).
Mythic Software shall use this data to provide the Sport Vision AI Services (e.g. granting access to the correct account, management of the account, invoicing etc.).
Mythic Software may also monitor the use of its services to improve their functioning (e.g. to streamline processes or adapt interfaces).
Mythic Software will never pass on the personal data of the User or Customer to third parties.
Mythic Software will not process the personal data for longer than necessary to achieve these objectives.
The User is able to access the personal data that are processed for him/her through the Sport Vision AI website, verify its accuracy and correct any errors. Mythic Software will only store the corrected data. The personal data is held on servers within the European Union and secured according to the provisions of margin no. 9.
Mythic Software uses cookies, but only to optimise the system's functionality.

9. Security

Mythic Software shall implement appropriate technical and organisational measures for ensuring the confidentiality and security of the data processing (including personal data) and to avoid the destruction, loss and unauthorised alteration and access to the data.
While Mythic Software makes every effort to prevent security incidents, they cannot be ruled out. The User will therefore keep a back-up copy of his/her data.
Sport Vision AI is secured using a secure certificate. The application is only accessible via an https secured website.
The User can only access Sport Vision AI with his/her personal login and password.
In the event of a security breach, the compromised account will be immediately blocked and the User must contact Mythic Software at support[ AT ]mythicsoftware.be

10. Intellectual property rights

The Sport Vision AI Services and the Sport Vision AI Platform are protected by intellectual property rights (e.g. copyright protection of the interfaces, logos, computer programs, databases etc.), held by Mythic Software.
The protected elements must not be reproduced or disclosed to the public without Mythic Software's prior written permission.
However the User does have the right to reproduce the protected elements in the context the normal use of the Sport Vision AI Services on a computer. The User may also print out parts of the website as long as this is for his/her own personal use.
Mythic Software is also the holder of registered trademarks, which may not be used without its prior permission.

11. Ownership of data

The User / Customer shall remain the owner of the data he/she processes using the Sport Vision AI Services. Mythic Software shall not acquire any exclusive rights to the data which the User / Customer processes with its Services or Platform.
Mythic Software shall save and store this data in a standard format. The User can print out or download this information at any time.
At the User's request, Mythic Software shall export the data and make it available in a standard digital format. Supplementary costs will be charged for this: the time spent will be invoiced at an hourly rate of 100.00 EUR.

12.Suspension of the User Account

Mythic Software reserves the right to suspend access to its services, in whole or in part, to temporarily deactivate a User Account or to deny the User and/or Customer access to some or all of its services, if the Users and/or the Customer violate the Agreement, in particular where there are serious indications that the User Account is used for illicit purposes or where Mythic Software has received a formal request to do so in the context of a court investigation.
Mythic Software shall notify the User of the suspension using the e-mail address that the User has linked to his/her account. The User has 30 days to object to the suspension, by e-mail to support[ AT ]mythicsoftware.be. If these objections cannot be accepted, then Mythic Software is entitled to terminate the Agreement.
Mythic Software has the right to automatically suspend User Accounts if they are not used and there has been no activity for an uninterrupted period of 30 calendar days. The User is personally responsible for the continuity of use of the Sport Vision AI Services.

13. Termination of the Agreement

1. Reasons for termination

The Customer shall be entitled at all times to terminate the Agreement, subject to one month's notice. The Customer shall inform Mythic Software of the termination by e-mail to support[ AT ]mythicsoftware.be. If multiple Users are registered for the Customer, the termination by any User shall be deemed as the termination of the Agreement on behalf of the Customer.
Each Party shall have the right to terminate the Agreement if the other Party fails to comply with its contractual obligations (e.g. in the case of unpaid invoices). In that case, the Agreement will be automatically terminated without a prior court decision.
Mythic Software is entitled to terminate the Agreement if an unpaid demo account is not used for longer than 30 calendar days. In the event of such inactivity, the Agreement will be automatically terminated without prior notice.

2. Consequences of termination

When the Agreement is terminated, Mythic Software will immediately stop the use of the User Account. The Users for that Customer will no longer have access to the Sport Vision AI Services and the Sport Vision AI Platform.
Mythic Software shall store the data of the User Account for one month after the termination of the Agreement. Mythic Software shall transfer the data from the User Account to the User (or one of the authorised Users for that Customer) if the Parties reach a written agreement concerning the compensation and modalities of the transfer (format, timing etc.). If no such agreement is reached after one month, Mythic Software has the right to delete the User Account, including all the data, the Users, the password, etc. Mythic Software does not keep a back-up of User Accounts that have been terminated.
Mythic Software shall not be obliged to provide any reimbursement (pro rata or otherwise).

14. Other provisions

1. Complaints

Invoices must be contested within 10 working days or 14 calendar days of receipt. After that time, the invoice is deemed to have been irrevocably accepted and must be paid.
Other complaints regarding the Sport Vision AI Services must be sent to support[ AT ]mythicsoftware.be. Mythic Software does its best to take these complaints into account but emphasises that it offers its services "as is".

2. Force majeure

In the event of force majeure (i.e. circumstances beyond Mythic Software's control), Mythic Software shall be discharged from any obligations and the resulting liability. The following, among others, shall be considered force majeure: natural phenomena, strikes or lockouts, fire, flooding, seizure of goods, embargo, a general shortage of goods, illness, dismissal and in general, any unforeseen circumstances which significantly disrupt the contractual balance, irrespective of whether the force majeure affects Mythic Software, one of its suppliers or one of its employees.

3. Nullity

The nullity of one or more provisions of these general terms and conditions shall not affect the validity of the remaining provisions. The Parties shall replace the invalid provision(s) by a valid one or valid ones that correspond as closely as possible to the intentions of the provision or provisions that were declared void.
In any case, the courts are entitled to reduce potentially excessive or unlawful clauses to clauses that are legally acceptable.

4. Applicable law, competent court

In the event of disputes, the Parties shall make every effort to reach an amicable solution. If this proves impossible, the Court of Brabant Wallon shall be authorised to hear the dispute.
The Agreement is governed by Belgian law.