Abler’s Terms of Use
(Last updated 14. November 2024)
1. About Abler
1.1. Abler is a complete management system for sports as well as other leisure activities and events. Abler is designed for coaches, group leaders, athletes, organisation members, guardians and organisation staff. Within Abler, coaches and group leaders have the capability to create game and training plans, organize teams/groups, and easily make changes via the system's coach interface. Members can connect to the system, get an overview of their schedules, communicate with their coaches and sign up for organisation services. Guardians can monitor their children’s schedules, sign them up for organisation events and services and communicate directly with coaches and organisation staff.
1.2. The system ensures that all participants in sports or leisure activities maintain a comprehensive understanding of their program and facilitate communication within organisations and training groups.
1.3. Access is controllable so that only those directly involved in particular groups have access and receive notifications, and only those with particular roles (for instance Organisation Administrators and Organisation Users) have access to certain functionality and permissions.
1.4. Abler may be used via mobile apps on IOS and Android platforms as well as through a web browser. Some functions of the system may only be accessible via web browser while other functions may only be accessible via mobile apps. The Abler Software may not work on older systems or unsupported devices or browsers.
2. Definitions
2.1. In these Terms, the following terms shall have the meanings given:
“Abler” or the “System”: the Abler software system comprised of a browser-based system and/or mobile applications as made available by the Developer from time to time, and any updates to such system and/or applications;
“Developer”: Abler ehf., a company registered in Iceland with identification number 660117-0670;
“Guardian”: a User who is a parent or guardian of an Member and who has registered a connection to their child/children in the System.
“Member”: a User who is registered as an member by any Organisation. An Member may be registered as an member by more than one Organisation at the same time, for instance if they are members of different Organisations for different activities.
“Organisation”: a sports organisation or other entity that has entered into an agreement with the Developer for a licence to use the Software;
“Organisation Administrator”: a User who has been appointed by a Organisation to be a organisation administrator and manage the Organisation’s use of the System and grant access to Organisation Users.
“Organisation User”: a User who has been granted access to the system by a Organisation as a representative of the Organisation in one or more areas of the Organisation’s activities. An Organisation User may for instance be a coach, a team manager or a organisation manager.
“Software”: the software in the System, including the Abler mobile applications and web-based applications.
“Terms”: these Terms of Use, as may be updated from time to time.
“User”: any individual who has registered an account to use Abler. A User may be an Member, a Guardian, an Organisation User or an Organisation Administrator. A registered user may have different roles and access to the system at the same time, for instance a User may be a Guardian in respect of their child’s activities and an Member in respect of their own activities.
3. Use of the System – General Terms
The terms in this Section 3 apply to all Users of Abler.
3.1. Access to Abler. Only Users with a valid registered account may access Abler. By registering an account, a User confirms that all information provided by them is correct.
3.2. Acceptance of Terms. By using the System, the User accepts these Terms and agrees that they will only use the System in accordance with these Terms.
3.3. Use by minors. Users under the age of 13 may only register a User account for Abler with the knowledge and permission of a parent or guardian. If you are under the age of 13, you should not provide personally identifiable information without the knowledge and authorization of a parent or guardian.
3.4. Responsibility for content and use of the System. Users are responsible for all content they provide to the System and for all of their activity in the System. Users use the System at their own risk.
3.5. Use restrictions. Members and Guardians are permitted to use the System only for personal purposes unless they are also Organisation Users or Organisation Administrators. When acting as a Organisation User or Organisation Administrator for a Organisation, a User may only use the System for the purposes of that Organisation’s activities.
Users are not permitted to do any of the following:
a. translate, merge, adapt, vary, alter or modify, the whole or any part of the System or the Software nor permit the System or Software or any part of them to be combined with, or become incorporated in, any other programs, except as necessary to use the System on supported mobile devices and browsers;
b. rent, lease, sub-license, loan, provide, or otherwise make available, any part of the System or the Software to any other person;
c. disassemble, de-compile, reverse engineer or create derivative works based on the whole or any part of the System or the Software.
3.6. Acceptable use terms. Users must comply with the following terms of acceptable use of the System:
a. Users must not use the System in any manner which is unlawful or for any unlawful purpose.
b. Users must not act fraudulently or maliciously, for example, by hacking into or inserting malicious code, such as viruses, or harmful data, into the System or the Software, or use the System to transmit any malicious code or harmful data.
c. Users must not use the System in any manner which, in the Developer’s opinion, is defamatory, offensive or otherwise objectionable, including but not limited to the use of the messaging and communication functionality of the System to upload or distribute defamatory, offensive, objectionable or harassing messages or content to any other person(s).
d. Users must not use the System in any manner which infringes the intellectual property rights or other rights of any person.
e. Users must not collect or harvest any information or data from any System without the permission of the Developer or the owner of the data (as applicable).
3.7. Guardians. To use the system as a Guardian, you must register a connection to your child/children in the System (or in some cases the connection is read from a government database). By registering a connection you confirm that you are a legal guardian of the child in question and are authorized to register as their Guardian.
3.8. Purchases. Users may purchaser services or goods from Organisations through the system (for instance membership of training groups, access to paid events etc.). Any such purchases are made directly between the User as purchaser and the Organisation as seller, and the Developer is not a seller of the goods or services. All purchases made through the System are subject to Abler’s Shop Terms and Conditions in force at the time of the purchase as well as any specific terms of purchase set by the selling Organisation.
3.9. Advertising. The Developer is authorized to display content and advertisements, whether from the Developer itself or third parties, in the user interface of the Software. The Developer will exercise caution to ensure that the content or advertisements are appropriate for the System's Users in question, taking into consideration factors such as age and content suitability.
3.10. Updates and changes to the System. The Developer has the right to make updates and changes to the System from time to time, including to improve performance, change functionality, reflect changes to the operating system or address security issues.
Certain updates to the Software may require Users to download or install new versions of the Software. If a User chooses not to install such updates they may not be able to continue using the System.
The Developer reserves the right to cease to provide the System or any functionality of the System at any time without notice.
3.11. Right to suspend or terminate accounts. The Developer has the right to suspend or terminate a User’s account if the User breaches these Terms. If a User’s account is suspended or terminated, the Developer may disable the User’s ability to log in to the System, and the User will cease to have access to and rights to use the System. In certain circumstances the Developer or a Organisation may also be obliged to report unlawful actions to appropriate law enforcement authorities.
4. Use of the System – Organisations
The terms in this Section 4 apply to all Organisations.
4.1. Access to Abler. Only Organisations with a valid licence subscription may access Abler. The Organisation is only entitled to use the parts of System for which it has a valid licence subscription. The Organisation’s right to use the System and Software ends with immediate effect upon the termination or expiry of the Organisation’s licence contract with the Developer for any reason.
The Developer has the right to suspend the Organisation’s account if the Organisation is in default on any amounts owed to the Developer. The Developer also has the right to suspend or terminate a Organisation’s account if the Organisation breaches any provisions of these Terms.
If the Organisation’s account is suspended or terminated, the Developer may disable the Organisation Administrator’s and Organisation Users’ access to Organisation functionality in the System.
4.2. Compliance with Terms. The Organisation must comply with these Terms in all respects. The general terms set out in Sections 3.4-3.6 and 3.10 apply to Organisations as if all references to Users in those Sections are to Organisations.
4.3. Responsibility for Organisation Administrators and Organisation Users. The Organisation is responsible for all use of the System by Users acting as Organisation Users or Organisation Administrators.
4.4. Indemnity. The Organisation agrees to indemnify and hold harmless the Developer against any and all losses, damages, expenses and costs, including legal fees, in connection with any claims, actions or proceedings from any third party arising out of or in connection with the Organisation’s use of Abler, except to the extent that the claim, action or proceeding relates to an infringement of the third party’s intellectual property rights by the Software.
4.5. Additional services from the Developer. The Organisation’s licence subscription covers normal use of the System, managed by the Organisation Administrator. If the Organisation requires additional services from the Developer, such as data import from older systems, these services are provided at the Developer’s discretion and at the Organisation’s cost in accordance with the Organisation’s contract with Abler.
4.6. Right to use the Organisation’s logo. The Developer is authorized to disclose on its website and other platforms that the Organisation is one of the Developer’s customers, however the Developer will maintain confidentiality regarding the specifics of the contract between the Developer and the Organisation. The Organisation grants the Developer permission to feature the Organisation’s logos and materials on the Developer’s website or in other promotional materials.
4.7. Payment Processing Terms. If the Organisation accepts payments in the system, it shall comply with the most recently updated payment processing terms for the region that they operate in, and those terms should be considered to form part of these Terms of Use:
- Iceland: Abler skilmálar um færsluhirðingu fyrir íslensk félög
- United Kingdom and other territories: Abler Payment Processing Terms for Organisations in UK & Other Territories
4.8. Use of API. If the Organisation uses the Abler API, it shall comply with the Abler API Terms of Use in force from time to time and those terms should be considered to form part of these Terms of Use.
5. Privacy and personal data
5.1. Collection and processing of personal data. In order for the System to function as intended, certain personal data about Users is collected and processed. In most instances the applicable Organisation is the data controller, however in some instances the Developer is the data controller. Abler’s Privacy Policy sets out the types of data collected by the Developer as data controller, the basis for collection and the purposes, as well as other information about Abler’s processing of personal data, and Users’ rights in relation to their personal data. By accepting these Terms and using the System, Users accept Abler’s Privacy Policy and consent to the Developer’s collection and processing of their personal data in accordance with Abler’s Privacy Policy.
6. Intellectual Property
6.1. Ownership of intellectual property rights in the System. The Developer and its licensors own all copyright and other intellectual property rights in the System (including its structure and the Software). Use of the System does not give any Organisation or User any ownership or other rights in the System other than the limited licence to use as specified in these Terms.
6.2. Ownership of User and Organisation content. Organisations and Users retain all ownership of content added by them to the System. Organisations and Users grant the Developer the right to use such content for the purpose of providing the System to those Organisations and Users.
6.3. Third party intellectual property rights. The Developer takes reasonable steps to ensure that the Software does not infringe the intellectual property rights of any person. If it is alleged that the Software infringes a third party’s intellectual property rights, the Developer reserves the rights to make modifications to the System or limit access to some or all of the functionality of the System as it deems necessary to avoid infringing the third party’s intellectual property rights.
6.4. Linked websites. The System may contain links to other independent websites which are not provided by the Developer. The Developer is not responsible for any websites that are linked to in the System.
6.5. Feedback, suggestions and enhancement requests. Organisations and Users may provide the Developer with feedback on the System or suggestions or requests for new functionality or enhancements to the System. By providing such feedback, suggestions or requests, the Organisation or User acknowledges that the Developer may utilize the idea(s) provided, and the Organisation or User irrevocably assigns all intellectual property rights in the idea(s) to the Developer for no charge or, to the extent such assignment is not permitted, grants the Developer a royalty-free, worldwide, transferable, sublicensable, irrevocable, and perpetual license to utilize the idea(s).
7. Liability
7.1. Software provided “as-is”. The System and Software are a standard product and, unless otherwise specifically agreed by the Developer, are not customized for individual Organisations or Users. The System is provided to Organisations and Users on an “as-is” basis, and the Developer makes no express or implied warranties that the System will meet the Organisation’s or User’s requirements or that the Software is error free. The Developer has no obligation to correct any errors in the Software.
7.2. System availability. The Developer makes no warranty as to the availability of the System. If the System is unavailable for a prolonged and continuous period for reasons due to the Developer, but not excluding for scheduled maintenance or urgent unscheduled maintenance, the Organisations may request a refund of a proportion of their subscription fee representing the period the System was unavailable. In all other circumstances, the Developer shall have no liability to Organisations or Users for any unavailability of the System.
7.3. Limitations on Liability. The Developer has no liability to Organisations or Users as a result of any loss of business, loss of profits, additional expenditure, loss of goodwill, business interruption, loss or corruption of data, or special, indirect or consequential loss.
To the extent that the Developer has any liability to any Organisation or User, the Developer’s liability shall be limited to the amount of the fees received by the Developer from that Organisation or User in the most recent calendar month.
7.4. Force majeure. The Developer has no liability to Organisations or Users as a result of any events outside the Developer’s reasonable control.
7.5. No limitation for fraud. The limitations on the Developer’s liability do not apply to the extent the Developer has acted fraudulently nor to the extent that it is unlawful to limit liability.
8. Assignment
8.1. Assignment by the Developer. The Developer may assign its rights in the Software and System, and its rights and obligations in any of its contracts with Organisations, to any person.
8.2. Assignment by Organisations. Organisations may not assign any of their rights or obligations in respect of the System or their contract with the Developer to any other person without the Developer’s prior written consent.
8.3. User access personal and non-assignable. User accounts are personal. Users may not assign their accounts to any other person.
9. Updates to terms and policies
9.1. Updates to these Terms and Abler’s Privacy Policy. The Developer reserves the right to update these Terms and Abler’s Privacy Policy from time to time. Updates will take effect when the updated terms or policy are posted on the Developer’s website for the System. The next time Users access the System after changes have taken effect, they must confirm their acceptance of the updated terms or policy. If a User does not accept the changes, they will not be able to continue to use the System.
9.2. Updates to other terms and policies. The Developer reserves the right to update any other terms or policies applicable to the System from time to time. Updates will take effect when the updated terms or policy are posted on the Developer’s website for the System. In order to benefit from functionality of the System governed by such terms or policies, Users must confirm their acceptance of the updated terms or policy before using such functionality.
10. Governing law and enforcement
10.1. Governing law. These Terms and all matters relating to use of the System are governed by Icelandic law.
10.2. Resolution of disputes. Any dispute or proceeding arising out of or in connection with these Terms or any other use of the System shall be submitted to the courts of the Republic of Iceland if it cannot be resolved amicably.
Members and Guardians may also submit disputes to the Complaints Board of Goods and Services (https://www.kvth.is) which is an independent body that has authority to handle disputes between consumers and service providers.
Members and Guardians resident in the EEA may also obtain information about their rights at https://ec.europa.eu/consumers/odr.
10.3. Period for bringing claims. All claims relating to use of the System or these Terms must be brought within one year of the claim arising.
10.4. Delay in enforcement. Delay by the Developer in enforcing these Terms or any other applicable terms, policies or contract shall not be regarded as a waiver and does not prevent the Developer from enforcing them at a later date.
10.5. Independence of provisions. Each provision of these Terms is independent. If for any reason any part of these Terms is deemed unenforceable or unlawful, the remaining provisions will continue to be valid and enforceable.