Afriskaut Platform Terms of Use

First Clause

(Definitions)

1. “Platform” means the digital scouting, player discovery, player intelligence, recruitment support, and analytics platform operated by AFRISKAUT, together with all associated interfaces, dashboards, databases, reports, video materials, algorithms, functionalities, outputs, and related service environments.
2. “Player” means any football player whose identity, profile, data, metrics, footage, analysis, recommendation, or opportunity is made available, discoverable, identifiable, or otherwise uploaded to the Platform or AFRISKAUT’s related services.
3. “Player Data” means any information, content, metrics, statistics, scouting notes, reports, evaluations, rankings, footage, identifiers, intelligence, or other player-related material concerning a Player.
4. “Player Profile” means any player-specific page, player record, player listing, dashboard, card, scouting page, data page, video page, analytical page, recommendation page, or other player-specific interface or display within the Platform.
5. “Platform Player” means any Player whose Player Profile, Player Data, video materials, or scouting information is made available to the User through the Platform.
6. “Recommended Player” means any Player directly recommended by AFRISKAUT to the User through the Platform or otherwise in writing.
7. “Protected Player” means any Recommended Player, and any Platform Player in respect of whom a Sourcing Event has occurred. For the avoidance of doubt, a Player shall not become a Protected Player merely because such Player appears on the Platform or is viewed on an incidental or isolated basis.
8. “Sourcing Event” means any objectively verifiable act by virtue of which the User materially escalates its interest in a Platform Player beyond mere passive browsing, including shortlisting, bookmarking, saving, downloading player materials, repeatedly (more than once suffices) reviewing the Player’s profile or video materials, requesting additional information, or requesting trial, transfer, recruitment, or representation support in relation to that Player. AFRISKAUT may also determine that a Sourcing Event has occurred where a combination of objectively recorded actions reasonably demonstrates, on a balance of probabilities, material and continued interest in the relevant Player.
9. “Prior Known Player” means any Player whom the User can demonstrate, by contemporaneous written records predating the relevant Sourcing Event, to have been independently identified, internally tracked, or actively pursued before the relevant use of the Platform or before essentially discovering the Player through AFRISKAUT.
10. “Protected Period” means the period of twenty-four (24) months from the date on which a Player became a Recommended Player or a Protected Player, as applicable.
11. “Services” means the player discovery, player intelligence, scouting, analytics, recommendation, recruitment support, platform access, and related informational and commercial services made available by AFRISKAUT through or in connection with the Platform.
12. “Confidential Information” means all non-public, confidential, proprietary, commercially valuable, or sensitive information disclosed, made available, generated, displayed, processed, or otherwise brought to the knowledge of the User through the Platform or the Services, including Player Profiles, Player Data, rankings, metrics, scouting assessments, analytical outputs, usage records, search results, commercial methods, and platform-derived intelligence.

Second Clause

(Nature of the Platform and Scope of Use)

1. The Platform is a premium scouting, player discovery, and recruitment support environment. The User acknowledges and agrees that the Platform does not merely host public information, but reflects AFRISKAUT’s underlying scouting, profiling, verification, analytical, recommendation, and data-curation work.
2. AFRISKAUT grants the User a limited, revocable, non-exclusive, non-transferable, and non-sublicensable right to access and use the Platform strictly in accordance with these Terms and solely for the User’s bona fide internal football-related scouting, recruitment, representation assessment, and allied professional purposes.
3. Access to the Platform is personal to the authorised account holder or authorised enterprise users linked to the relevant subscription or enterprise arrangement. The User shall not share, transfer, pool, or otherwise make access available to unauthorised third parties.

Third Clause

(Recommended Players, Protected Players, and Prior Knowledge)

1. AFRISKAUT may, through the Platform or otherwise in writing, identify and recommend Players, upon request, to the User. Any such Player shall constitute a Recommended Player and shall automatically be treated as a Protected Player for the purposes of these Terms and any applicable separate commercial arrangement.
2. A Platform Player shall become a Protected Player only upon the occurrence of a Sourcing Event. Mere browsing, search-result appearance, or an isolated and non-material viewing of a Player Profile shall not, by itself, be sufficient to render a Player a Protected Player.
3. The User acknowledges and agrees that once a Player becomes a Protected Player, the User shall not seek to avoid or defeat AFRISKAUT’s contractual or commercial protections by moving discussions off-platform, by using affiliates or intermediaries, or by otherwise recharacterizing the origin of the Player’s identification or sourcing.
4. If the User contends that a Player was already known, internally tracked, or independently identified before the relevant use of the Platform, the User may invoke the Prior Known Player concept. However, such contention shall only be valid if the User substantiates it through contemporaneous written evidence predating the relevant Sourcing Event. Mere assertion or retrospective characterisation shall not suffice. For the avoidance of doubt, where a Protected Player is engaged, signed, represented, recruited, trialled, transferred, or otherwise commercially pursued during the Protected Period, AFRISKAUT’s protections shall continue to apply notwithstanding expiry, suspension, or termination of the User’s access to the Platform, subject always to any applicable separate commercial agreement.

Fourth Clause

(Use Restrictions and Anti-Circumvention)

1. The User shall use the Platform in good faith and strictly in accordance with these Terms. The User shall not scrape, mine, mirror, harvest, bulk-download, bulk-extract, reproduce, republish, resell, commercialise, reverse engineer, decompile, or otherwise misuse the Platform, any Player Data, any Player Profile, or any scouting outputs.
2. The User shall not share login credentials, permit access by unauthorised persons, circumvent technical restrictions, or otherwise interfere with the security, integrity, or commercial framework of the Platform.
3. The User shall not, directly or indirectly circumvent AFRISKAUT in relation to any Recommended Player or Protected Player. Without limitation, the User shall not use the Platform or any information obtained therefrom to approach, sign, recruit, represent, trial, transfer, evaluate, or otherwise commercially engage a Recommended Player or Protected Player in a manner intended to avoid AFRISKAUT’s contractual protections or any applicable separate commercial arrangement.
4. The User shall remain fully responsible for all acts and omissions of persons using the Platform by or through its account, credentials, enterprise access, authority, or instruction, as if such acts and omissions were its own.

Fifth Clause

(Data Tracking, Monitoring, and Technical Records)

1. The User expressly acknowledges and agrees that AFRISKAUT monitors, records, stores, processes, and analyses activity taking place on or through the Platform. Such monitoring is integral to the operation, security, optimisation, and enforcement framework of the Platform.
2. Without limitation, AFRISKAUT may collect and process account-level, user-level, session-level, device-level, and activity-level data, including login records, account identifiers, timestamps, IP addresses, device identifiers, browser and operating environment data, search queries, filter use, clickstream data, profile views, video engagement records, shortlist activity, bookmark actions, saved items, downloads, exports, requests for further information, navigation history, technical diagnostics, and related metadata.
3. AFRISKAUT may use cookies, session identifiers, log files, and similar technologies in order to authenticate users, maintain session continuity, secure access, understand user behaviour, improve platform performance, personalise functionality, detect misuse, and preserve evidence of platform activity.
4. The User agrees that AFRISKAUT may rely on its server logs, analytics records, clickstream data, usage records, metadata, audit trails, and related technical records in order to determine whether a Sourcing Event occurred, whether a Player became a Protected Player, whether the Platform has been misused, and whether any enforcement action may be warranted. Such records shall constitute prima facie evidence of the relevant platform activity.

Sixth Clause

(Confidentiality and Intellectual Property)

1. The User shall keep strictly confidential all Confidential Information and shall not disclose it to any third party except to those of its employees, officers, or internal representatives who have a strict need to know such information for the limited purposes permitted under these Terms and who are bound by confidentiality obligations no less onerous than those contained herein.
2. All rights, title, and interest in and to the Platform, the Services, and all associated software, databases, reports, scouting content, methodologies, analytics, workflows, designs, outputs, and intellectual property rights therein shall remain vested exclusively in AFRISKAUT. Nothing in these Terms shall operate to transfer or assign any ownership or proprietary interest therein to the User.
3. The confidentiality and use restrictions set out in these Terms shall survive the expiry, suspension, deletion, or termination of access to the Platform for a period of five (5) years, or such longer period as may apply under applicable law in respect of trade secrets or equivalent confidential information.

Seventh Clause

(Misuse and Enforcement)

1. AFRISKAUT may suspend, restrict, or terminate access to the Platform immediately, with or without prior notice, where AFRISKAUT reasonably suspects unauthorised use, misuse of credentials, scraping, concealment of relevant platform activity, attempted circumvention, breach of these Terms, or any conduct likely to prejudice AFRISKAUT’s contractual, evidentiary, commercial, or reputational interests.
2. AFRISKAUT reserves all rights and remedies available under applicable law in connection with misuse of the Platform, breach of these Terms, unauthorised exploitation of Confidential Information, or conduct intended to defeat AFRISKAUT’s legitimate commercial protections.

Eighth Clause

(Disclaimers and Limitation of Responsibility)

1. The Platform and the Services are provided on an “as is” and “as available” basis. AFRISKAUT does not warrant that any Player Data is complete, accurate in every respect, continuously available, or suitable for the User’s specific purposes. AFRISKAUT further does not warrant that any Player will be available, interested, eligible, suitable, free from injury, capable of transfer, capable of signing, or otherwise capable of progressing in accordance with the User’s objectives.
2. To the fullest extent permitted by applicable law, AFRISKAUT shall not be liable for indirect, incidental, consequential, special, or punitive losses, including loss of profits, loss of opportunity, loss of goodwill, or reputational loss arising out of or in connection with use of the Platform.

Ninth Clause

(Governing Law and Dispute Resolution)

1. These Terms shall be governed by and construed in accordance with Swiss law.
2. Any dispute arising out of or in connection with these Terms, including any question concerning their validity, interpretation, enforceability, breach, or termination, shall be finally settled by arbitration before the Court of Arbitration for Sport, seated in Lausanne, Switzerland, in accordance with the Code of Sports-related Arbitration, by a Sole Arbitrator unless the complexity or amount in dispute warrants three arbitrators under the CAS Code. The language of the arbitration shall be English.

Tenth Clause

(Miscellaneous)

1. These Terms govern access to and use of the Platform generally. Where the User is also party to a separate written commercial agreement with AFRISKAUT, including any revenue-sharing agreement or equivalent arrangement, such separate agreement shall govern the specific commercial subject matter addressed therein and these Terms shall be considered a part of such contractual arrangement. In the event of conflict, the separate written commercial agreement shall prevail solely to the extent of the specific inconsistency.
2. AFRISKAUT may amend these Terms from time to time. Any such amendment shall be separately notified to the User through the Platform, via electronic communication, or through the onboarding interface. Any amended version of these Terms shall only become effective upon the User’s express acceptance of such amended Terms, including through a clickwrap or equivalent acceptance mechanism. In the absence of such acceptance, the version of the Terms previously accepted by the User shall continue to govern the User’s access to and use of the Platform.
3. The User expressly acknowledges and agrees that these Terms are concluded by way of a clickwrap agreement. By selecting the relevant acceptance option, creating an account, or otherwise accessing or using the Platform, the User confirms that it has been given a reasonable opportunity to review these Terms in full and voluntarily agrees to be legally bound by them. The electronic acceptance of these Terms shall constitute valid and binding consent, equivalent to a handwritten signature, and shall be admissible as evidence of agreement in any proceedings. The User agrees that AFRISKAUT’s electronic records, including records of acceptance, timestamps, IP logs, and system-generated confirmations, shall constitute prima facie evidence of the User’s acceptance of these Terms.