Purpose And Application

These Partner Terms (“Partner Terms”) govern the relationship between SPORTS TIMING SOLUTIONS LLP (“STS”) and an event organiser, photographer, timing provider, registration provider, agency, corporate customer or other business/entity using STS's professional or commercial Services (“Partner”).
These Partner Terms apply together with any commercial proposal, order form, statement of work, service agreement or other written arrangement signed or accepted by the parties. If there is a conflict, the signed commercial agreement will prevail to the extent of the conflict.

Partner Responsibilities

The Partner is responsible for ensuring that it has the rights, authority, permissions and lawful basis necessary to provide STS with information, photographs, event records and other content supplied to STS. The Partner must not knowingly provide STS with information it is prohibited from disclosing or processing.
The Partner will provide accurate and reasonably current information and will promptly notify STS of material corrections, restrictions, complaints or legal requirements affecting data or content supplied to STS.

Participant And Personal Data

Where a Partner provides participant or other personal data to STS, the parties will document their respective roles and responsibilities in the applicable commercial agreement and, where required, a data-processing arrangement.
The Partner will not instruct STS to process personal data for purposes that are unlawful or inconsistent with the disclosures, permissions or other requirements applicable to the relevant event or service.
The Partner will reasonably cooperate with STS in responding to valid data-principal requests, complaints, security incidents, deletion requests, regulatory enquiries and other matters relating to data processed through the Services.

Photographer And Image Rights

A photographer or other content supplier represents that it owns, controls or is otherwise authorised to license to STS the rights necessary for STS to host, store, process, organise, display, search, match, transmit and deliver the photographs supplied.
Unless otherwise agreed in writing, ownership of the underlying copyright remains with the applicable rights holder. STS receives the limited licence necessary to operate the agreed Services, including creating thumbnails/previews, indexing images, performing matching, providing galleries and fulfilling authorised downloads.
The Partner must not upload photographs containing material that it has no right to provide or that would knowingly violate applicable law or third-party rights.

STS Processing And Service Licence

The Partner grants STS a non-exclusive, worldwide, royalty-free licence for the term reasonably necessary to provide the contracted Services and to maintain associated records, including the rights necessary to host, store, reproduce, transmit, display, transform for technical delivery, index and process the supplied content.
STS may use service providers to host, secure, process, transmit or support the content and data, subject to the contractual and legal requirements applicable to the Services.

Data Security And Incident Cooperation

STS will maintain reasonable technical and organisational safeguards appropriate to the Services and applicable law. The Partner must maintain appropriate security over credentials, files and systems it uses to exchange information with STS.
Each party will promptly notify the other of a suspected or confirmed security incident affecting data or systems relevant to the Services, subject to applicable law and any incident-response requirements. The parties will reasonably cooperate in containment, investigation, preservation of evidence, required notifications and remediation.

Prohibited Partner Conduct

The Partner must not use STS or information obtained through STS to:
  • Extract or harvest data outside the scope of the contracted Services;
  • Create an independent database of participant profiles, photographs or other STS data beyond the agreed purpose;
  • Resell or commercially exploit STS platform data without written permission;
  • Circumvent access controls, API restrictions, rate limits or other security measures;
  • Use STS data to train, fine-tune, test or validate external AI/ML or facial-recognition systems without STS's prior written authorisation and any additional permissions required by law;
  • Identify, profile, track or contact participants for unrelated purposes using information obtained from STS; or
  • Permit a subcontractor or third party to carry out a prohibited activity on its behalf.

Sub-processors And Service Providers

STS may use hosting, cloud, security, communications, payment, analytics and other service providers necessary to provide the Services. Where a formal data-processing arrangement applies, STS will manage such providers in accordance with the requirements applicable to its role and the agreed contractual framework.

Retention, Return And Deletion

STS will retain partner-supplied data and content in accordance with the agreed service requirements, applicable law, security needs, dispute resolution requirements and its retention practices. At the end of a service relationship, STS will return, delete or otherwise deal with data as agreed, subject to lawful retention requirements, backups and records that STS is required or permitted to retain.

Participant Complaints And Content Requests

STS may receive requests from participants or other individuals relating to photographs, profiles or personal data. The parties will reasonably cooperate to investigate and resolve legitimate requests. Where the Partner is the party responsible for an event record or has greater authority over the relevant content, STS may refer the matter to the Partner while taking appropriate interim measures where necessary.

Fees, Taxes and Commercial Terms

Fees, payment milestones, taxes, refunds, deliverables, service levels and event-specific commercial terms will be stated in the applicable proposal, order form, invoice or written commercial agreement. Unless otherwise agreed, statutory taxes applicable to the Services will be charged in addition to the quoted fee where required.

Confidentiality

Each party will protect confidential business, technical, security and commercial information received from the other party and use it only for the relevant business relationship. This obligation does not apply to information that is public without breach, independently developed, lawfully received from another source, or required to be disclosed by law.

Indemnity and Allocation of Responsibility

The Partner will indemnify STS, to the extent legally enforceable, against third-party claims and reasonable losses, costs and professional expenses arising from the Partner's breach of its representations concerning rights, permissions or authority to provide content/data, unlawful processing instructions, infringement caused by Partner-supplied material, or the Partner's misuse of the Services.
STS will remain responsible for its own obligations under applicable law and the applicable commercial agreement. Neither party is required to assume liability that cannot lawfully be transferred.

Intellectual Property

STS retains all rights in its software, platform, database architecture, workflows, interfaces, algorithms, matching technology, documentation, trademarks and other STS Content. The Partner retains rights it owns in its event data, photographs and other content, subject to the licences expressly granted to STS.
No ownership interest in the STS platform or technology is transferred to the Partner by use of the Services.

Suspension and Termination

STS may suspend access where reasonably necessary to address a security risk, unlawful activity, serious breach, non-payment, infringement complaint or regulatory requirement. Termination rights and notice periods will otherwise be governed by the applicable commercial agreement.
Provisions relating to confidentiality, intellectual property, data protection, payment obligations, indemnity, liability, dispute resolution and accrued rights survive termination where appropriate.

Applicable Law and Jurisdiction

These Partner Terms and the relevant commercial relationship are governed by the laws of India. Subject to any mandatory statutory rights, disputes will be subject to the jurisdiction of competent courts in Mumbai, Maharashtra, unless the applicable signed commercial agreement provides for arbitration or another dispute mechanism.

Compliance with Applicable Indian Law

The parties will comply with Indian laws applicable to their respective activities, including data-protection, information-technology, cyber-security, copyright, tax, consumer and other laws to the extent relevant to the Services. The Digital Personal Data Protection Act, 2023 and applicable rules and notifications thereunder will apply to the extent applicable to the relevant processing activity and role of each party.
Nothing in these Partner Terms is intended to override a mandatory requirement of applicable law.