Version 1.0 – Last updated: October 1, 2026
Translation provided for convenience. In case of conflict, the Italian version prevails.
Preamble
These Terms and Conditions (“Terms”) govern the use of the VolleyballScout and VolleyballScoutVideo applications and related services. By creating an account or purchasing a subscription you declare that you have read and accepted them. If you use VolleyballScout without an account, the Terms apply to the extent compatible with the free, local use of the app.
The provider of the Service is:
Art. 1 – Definitions
Art. 2 – Subject matter and contractual documents
2.1 The Terms govern the relationship between you and Tortiolaware for the use of the Service.
2.2 The following are also part of the contract:
2.3 The Privacy Policy and the Cookie Policy, published on volleyball-scout.com, explain how we process your personal data. They are not contractual conditions to be accepted: we ask you to read them.
2.4 For purchases through the Apple App Store or Google Play the store’s conditions also apply (Art. 16).
Art. 3 – Requirements for use
3.1 The Base version of VolleyballScout can be used by anyone, even without an Account. In this case the data stays only on the device.
3.2 To create an Account you must be at least 14 years old.
3.3 To purchase a Subscription you must be of legal age. If you are between 14 and 18, the purchase must be made or authorized by a parent or by whoever exercises parental responsibility. This person accepts the Terms also for themselves and is liable for the payments.
3.4 If you accept the Terms on behalf of an entity (club, company, association, federation), you declare that you have the power to bind it. In that case the entity is the Business Customer and the references to “you” also apply to the entity.
3.5 The protections that the law and the Terms reserve for Consumers apply only to Consumers.
Art. 4 – Account
4.1 Creation. You can register with email and password, after verification of the email address, or through Google or Apple. You must provide truthful data and keep it up to date.
4.2 Personal Account and License. The Account and the License are personal and non-transferable. You may not share your credentials or let other people use your License, even if they belong to your own club. Each coach or scout must have their own Account.
4.3 Devices. Premium is valid for 1 mobile device. Studio is valid for 1 mobile device and 1 computer. If you activate the License on a new device, the previous one is automatically disconnected. You can change device whenever you need, for example if you change phone, but you may not use device changes to let multiple people use the License.
4.4 Credentials. You are responsible for keeping your credentials confidential and for what happens through your Account. If you suspect unauthorized access, write immediately to support@volleyball-scout.com.
4.5 Account recovery. You can reset your password with the procedure available in the Apps. For login through Google or Apple, the procedure of the relevant provider applies. Before helping you we may ask you for information to verify that the Account is yours.
4.6 Communications. Communications about the contract reach you at the Account’s email address or in the Apps. Keep the address up to date.
4.7 Deletion. You can request deletion of the Account at any time from the premium.volleyball-scout.com portal. The effects are described in Art. 15. Deleting the Account does not cancel Subscriptions purchased on the App Store or Google Play: you must cancel them directly from the store.
Art. 5 – Services and Plans
5.1 VolleyballScout allows you to record the actions of a volleyball or beach volleyball match, in Smart mode (with rotation management) or Minimal mode. You can also:
5.2 VolleyballScoutVideo, for Windows and macOS computers, allows you to:
5.3 AI Coach. You can ask questions about the statistics of a match and receive answers generated by an artificial intelligence system. The answers are automatic, may contain errors and do not replace the coach’s judgment. The AI Coach has monthly usage limits indicated in the Apps, for example on the number of questions. A question sent may be counted even if the answer does not arrive because of a technical error.
5.4 Plans.
| Plan | What it includes | Where to purchase |
|---|---|---|
| Base | Basic features of VolleyballScout, free, even without an Account | – |
| Premium | Advanced features of VolleyballScout on 1 mobile device | Site, App Store, Google Play |
| Studio | Everything in Premium, plus VolleyballScoutVideo, AI Coach, cloud sync across devices and season statistics | Site only |
The up-to-date list of the features of each Plan is published on the site and in the Apps at the time of purchase, and prevails over this table.
5.5 Base version. The Base version may show messages inviting you to switch to a paid Plan.
5.6 Updates. We release updates periodically. For security or compatibility reasons we may require a minimum version of the Apps to keep using online features.
5.7 Technical requirements. You must have suitable devices, operating system, storage space and connection. License activation, cloud sync and the AI Coach require an internet connection.
Art. 6 – Software license
6.1 We grant you a personal, non-exclusive, non-transferable and non-sublicensable license to install and use the Apps, for the duration of the contract and within the limits of your Plan. We may revoke it only in the cases provided by the Terms.
6.2 VolleyballScoutVideo can only be downloaded from the volleyball-scout.com site. We are not liable for copies obtained from other sources.
6.3 The Apps contain third-party components, including open source ones, subject to their respective licenses, which for those components prevail over the Terms. In particular, VolleyballScoutVideo installs the FFmpeg and FFprobe programs on the computer. They are separate programs, distributed under their own license (GNU General Public License or GNU Lesser General Public License, depending on the version), and you can replace them with compatible versions. On request to support@volleyball-scout.com we provide you with the source code corresponding to the distributed version, for at least three years from the last distribution. The licenses can be viewed in the “Open source licenses” section of the Apps.
6.4 Except as permitted by mandatory rules, such as those on decompilation for interoperability (Art. 64-quater of the Italian Copyright Law, Law 633/1941), you may not:
Art. 7 – Permitted and prohibited use
7.1 You may use the Service for sports analysis, for yourself or for the team you work with, in compliance with the law and the Terms.
7.2 It is prohibited to:
7.3 The consequences of violations are described in Art. 14.
Art. 8 – User Content
8.1 Ownership. User Content remains yours or that of the respective rights holders. We do not acquire any ownership right over it.
8.2 License to provide the Service. You grant us a non-exclusive, royalty-free, worldwide license to store, process, transmit and display User Content to the extent necessary to provide you with the Service: cloud sync, AI Coach, support and security. The license lasts as long as the contract and the retention periods of Art. 15. We may exercise it also through our providers (Art. 16).
8.3 Anonymized Data. For the User Content that you transmit to us through cloud sync or the AI Coach, you instruct us to derive Anonymized Data from it, as provided by section 12 of Annex A. We may use Anonymized Data, even after the end of the contract, to improve our products, develop new features and train or improve artificial intelligence models. To derive it we remove first names, last names, nicknames and any other element that allows a person to be identified, and we do not use images or videos. Anonymized Data does not allow you or the athletes to be identified and is not personal data. If you no longer want to give this instruction, write to support@volleyball-scout.com: from that moment we no longer anonymize the data you transmit to us.
8.4 No promotional use. We do not use your Content for advertising or promotion without your explicit consent.
8.5 Support. When you ask for support we may ask you to send us files (for example .vbsm) or descriptions of the problem. Sending them is voluntary. We use what we receive only to handle your request and we delete it when it is no longer needed.
8.6 Responsibility for Content. You are solely responsible for the Content you enter and you declare that you have the necessary rights to use it. We do not check Content in advance. If we receive a reasoned report of unlawful content we may remove it or make it inaccessible, informing you of the reasons unless the law forbids it.
8.7 Export. You can export your Content in the available formats: .vbsm, .vbsvideo, .dvw, PDF, spreadsheet and MP4. We recommend doing so regularly (Art. 17).
8.8 .vbsm format. The .vbsm format is proprietary and contains an encrypted part readable only by the Apps. To use the data with other programs you can export it in the other formats.
8.9 Reports of unlawful content. Anyone can report to us content stored in the Service that they consider unlawful by writing to support@volleyball-scout.com. The report must indicate the reasons why the content is considered unlawful, the elements needed to locate it, the name and email of the reporter and the declaration that the report is made in good faith. We examine reports diligently and communicate the decision to the reporter and to the User concerned, indicating the reasons and the possibility of challenging it as provided in Art. 14.4.
Art. 9 – Athlete Data and personal data protection
9.1 Privacy notice. The processing of your personal data as a User is described in the Privacy Policy.
9.2 Roles. For the Athlete Data you enter, the controller is you, or the club you work for. With the Base and Premium Plans this data stays on your device and we do not process it. When you use cloud sync or the AI Coach we process it on your behalf, as processors pursuant to Art. 28 of Regulation (EU) 2016/679 (GDPR), under the Data Processing Agreement (Annex A), which you accept together with the Terms.
9.3 AI Coach. To answer, the AI Coach sends to our artificial intelligence provider (Google, Gemini service, paid version) a summary of the match with jersey numbers, first and last names of the players. The answers may mention players by name. The provider acts as our sub-processor. If you do not want to transmit this data, do not use the AI Coach or enter only jersey numbers or fictitious names.
9.4 Your warranties. You declare and warrant that you:
9.5 Images. If you use photographs of people, for example in graphics for social media, you must have their consent or that of their parents. Images stay on your device and you are the one who shares them.
9.6 Requests from data subjects. If an athlete contacts us to exercise their rights, we direct them to you and assist you within the limits of Annex A.
Art. 10 – Video (VolleyballScoutVideo)
10.1 The videos you use with VolleyballScoutVideo stay on your computer. We do not upload them to our servers, we do not host them and we do not offer streaming or sharing links. The MP4 montages are also created on your computer.
10.2 The sharing of videos, montages or .vbsvideo files takes place outside the Service and under your responsibility.
10.3 You must have the right to use the videos you import and to share their montages. Match footage may be protected by third-party rights, such as organizers, broadcasters or streaming platforms, and may depict people, including minors. Before using or sharing it, check that you have the necessary authorizations.
10.4 We do not keep copies of your videos. If you lose or delete a video or a file from your computer we cannot recover it.
Art. 11 – Intellectual property of Tortiolaware
11.1 The following belong to Tortiolaware or its licensors, and are protected by law:
11.2 Beyond the license of use of Art. 6, no right is transferred to you.
11.3 If you send us ideas or suggestions to improve the Service, we may use them freely and without obligations towards you.
11.4 You may freely use the files you export (PDF, spreadsheets, .dvw, MP4), which contain your Content. Any logos or graphic elements of Tortiolaware included remain ours.
Art. 12 – Subscriptions, prices and payments
12.1 Prices. Before purchase the site and the Apps indicate price, duration and renewal method. Prices are final. Tortiolaware operates under the flat-rate tax regime (Art. 1, paragraphs 54-89, Law 190/2014 (Legge 190/2014)) and does not apply VAT. The stores may show prices in other currencies or inclusive of the taxes they apply.
12.2 Purchase Channels. Premium can be purchased on the site, on the App Store or on Google Play. Studio can be purchased only on the site. On the site payments are handled by Stripe: we do not see or store your full card data. On the stores payment is handled by Apple or Google under their conditions.
12.3 Automatic renewal. At expiry the Subscription renews automatically for a period of the same duration (monthly or annual), at the price in force, unless canceled before expiry. Before payment we show you price, duration, renewal and cancellation method.
12.4 Cancellation. You can cancel the renewal at any time:
The cancellation takes effect at the end of the period already paid. Until then you keep access.
12.5 Change of Plan on the site.
12.6 Different Purchase Channels. Subscriptions purchased on different channels are independent of each other. If you have Premium on the App Store or Google Play and you purchase Studio on the site, you must cancel Premium on the store. No automatic credit between channels is provided. We may consider, at our discretion, solutions on a case-by-case basis.
12.7 Price changes. For ongoing Subscriptions purchased on the site, price changes apply from the first subsequent renewal. We notify you by email at least 30 days before. If you do not accept the change, you can cancel at no cost before the renewal. On the stores, changes follow the store’s procedures.
12.8 Trial periods and promotions. We may offer free trial periods or promotional codes, under the conditions indicated at the time of the offer. The conditions always state whether the trial period ends on its own or turns into a paid Subscription. In the latter case, before activation we show you the price and the date of the first charge, and you can cancel at no cost until the end of the trial from the premium.volleyball-scout.com portal. Each User may benefit from only one trial period per Plan.
12.9 Federation Bundles. A Business Customer can purchase multiple Licenses and assign them to Users by indicating their email. Price and conditions are agreed with the Business Customer. For the assigned User the License is free, lasts as long as the Bundle and does not renew automatically. The assigned User must in any case comply with the Terms.
12.10 Receipts and invoices. For payments on the site you receive by email the payment receipt issued through Stripe. If you purchase as a Business Customer with a VAT number, we issue the electronic invoice: enter the billing data at the time of purchase or send it to us immediately afterwards at support@volleyball-scout.com. For purchases on the stores the receipt is issued by the store.
12.11 Non-payment. If the renewal payment fails, we may suspend the License until it is regularized. Content on the device remains available.
12.12 Expiry of Studio. When Studio expires, sync stops. Data on the device remains accessible within the limits of the Plan you have at that time. The cloud copy is kept as provided in Art. 15.
Art. 13 – Withdrawal and refunds
13.1 Consumer’s right of withdrawal (purchases on the site). You have the right to withdraw within 14 days from the conclusion of the contract, without giving any reason. It is enough to send an explicit statement to support@volleyball-scout.com or to the PEC francescorasi@pec.it; you can use the model form of Annex B. We refund you within 14 days from receipt of the communication, using the same means of payment used for the purchase. If you expressly asked to activate the Service during the withdrawal period, we refund what you paid minus the amount proportional to the service already provided up to the communication of the withdrawal.
13.2 Renewals. The right of withdrawal arises with the conclusion of the contract and does not renew with each automatic renewal. No refunds are provided for renewals, except as established by mandatory rules. For annual Subscriptions purchased on the site we send you a reminder by email before the renewal.
13.3 Business Customers. The Business Customer can request a refund within 3 days from purchase by writing to support@volleyball-scout.com. After this period no refunds are provided.
13.4 Store purchases. Refunds of purchases on the App Store and Google Play are handled by Apple and Google under their rules: we cannot issue them directly. The Consumer’s withdrawal for these purchases is also exercised with the store.
13.5 Other cases. Outside the cases provided by this article no refunds are provided, not even for partial periods after a cancellation. Mandatory rights remain unaffected, such as the legal guarantee of conformity (Art. 18.1). We may grant refunds at our discretion on a case-by-case basis: this does not create a right for subsequent cases.
Art. 14 – Suspension and closure of the Account
14.1 Gradual procedure. If you violate the Terms, as a rule we first send you a notice by email indicating the violation and a reasonable deadline to remedy it. If the violation continues or is repeated, we may suspend the Account or the License. In serious or repeated cases we may close the Account.
14.2 Immediate suspension. We may suspend the Account without prior notice, communicating the reasons to you afterwards, in case of fraud, malware, unauthorized access, unlawful content, serious violations of third-party rights or a request from an authority.
14.3 License sharing. Letting other people use your License or your Account is always a violation of the Terms and falls under this article.
14.4 Challenge. You can challenge a suspension or closure by writing to support@volleyball-scout.com within 30 days. We examine the challenge and reply to you giving reasons for the decision.
14.5 Effects. If we close the Account for a serious or repeated violation by you, ascertained as provided in Arts. 14.1 and 14.2, the ongoing Subscription ends without refund of the unused portion. If we uphold your challenge, we reactivate the Account and extend the Subscription by the period of suspension. You can in any case export the data on your device. Cloud data is deleted according to Art. 15, except for what we must keep to protect our rights.
14.6 Termination of the Service. We may discontinue the Service or one of the Apps with at least 60 days’ notice. In this case we refund the portion of the Subscription already paid and not used, for purchases on the site, and we give you time to export the data.
Art. 15 – Data retention and deletion
15.1 Data on the device. Data saved on your device remains under your control: local matches, conversations with the AI Coach, videos and montages. You delete it by removing it from the Apps or uninstalling them. We cannot access or recover it.
15.2 Account deletion. We complete the deletion within 30 days of the request. We delete the Account, Licenses and cloud data: matches, teams and players. We keep only the data that the law requires us to keep, such as payment data for tax and accounting obligations, or data needed to defend our rights, for the strictly necessary time.
15.3 Expiry of Studio. After Studio expires we keep the cloud copy for 12 months. If you renew within this period, you find your data again. After 12 months we may delete it, after notifying you by email at least 30 days before, so that you can export the data.
15.4 Inactive Accounts. If for 24 months you do not access the Service and have no active Subscriptions, we may delete the Account and the cloud data. We notify you by email at least 30 days before. If you log in within this period, the Account remains active.
Art. 16 – Third-party services and stores
16.1 Providers. To provide the Service we use external providers, including:
The complete list and the role of each provider in data processing are indicated in the Privacy Policy.
16.2 Login with Google or Apple. If you log in through Google or Apple, the conditions of those providers also apply.
16.3 Dependence on third parties. Some features depend on the operation of these services. We are not liable for interruptions caused by them, subject to Art. 18.
16.4 Conditions for the Apple App Store. If you downloaded VolleyballScout from the App Store:
16.5 Google Play. Purchases on Google Play are also subject to the Google Play Terms of Service. For payments, refunds and cancellations on that channel, the Google Play conditions prevail.
Art. 17 – Availability, security and backup
17.1 Availability. Subject to the rights indicated in Art. 18.1, the Service is provided “as is” and “as available”. We undertake to keep it working and to limit interruptions, but we do not guarantee a minimum level of availability or the absence of errors.
17.2 Maintenance. We may temporarily suspend online features for maintenance. We notify you of scheduled maintenance in advance, when possible, through the Apps, the site or email. Scouting features on the device usually remain usable even without a connection.
17.3 Security. We adopt appropriate technical and organizational measures, such as encryption of scout data and access to cloud data reserved to the Account holder. However, no system is 100% secure.
17.4 Backup. We do not make separate backup copies of User Content. Studio’s cloud sync is not a guaranteed backup service. We recommend that you export your matches regularly.
Art. 18 – Warranties and limitations of liability
18.1 Consumer rights. The legal guarantee of conformity for digital content and services provided by the Consumer Code (Codice del Consumo, Legislative Decree 206/2005, Arts. 135-octies et seq.) and any other mandatory right of the Consumer remain unaffected. No clause of the Terms limits these rights.
18.2 Statistics and AI Coach. Statistics, reports and AI Coach answers depend on the data entered and on automated processing, and may contain errors. We do not guarantee that they are complete, accurate or suitable for a specific purpose. Technical, sports and athlete selection decisions remain yours.
18.3 Exclusions. Unless the damage depends on a breach on our part, we are not liable for damages caused by:
18.4 Business Customers. To the extent permitted by law, towards the Business Customer our total liability is limited to the amounts paid in the 12 months preceding the event that caused the damage. Indirect damages are excluded, such as lost profits, loss of opportunities, sports results or damage to reputation.
18.5 Limits. The limitations of this article do not apply in case of willful misconduct or gross negligence (Art. 1229 of the Italian Civil Code (codice civile, c.c.)), personal injury or in the other cases in which the law does not allow them.
Art. 19 – Indemnification
19.1 If you are a Business Customer, you undertake to hold Tortiolaware harmless from any third-party claim, including reasonable legal costs, arising from:
Third parties may be, for example, athletes, parents, clubs or holders of rights over the videos.
19.2 If you are a Consumer, you are liable to Tortiolaware for damages caused by the same violations according to the rules of law.
19.3 We promptly inform you of any claim of this kind and allow you to take part in the defense.
Art. 20 – Changes to the Service and the Terms
20.1 Changes to the Service. We may modify, update or replace features to improve the Service or for technical, security or regulatory reasons, at no cost to you. If a change significantly reduces the features of your paid Subscription, we notify you at least 30 days before. In this case you can withdraw at no cost within 30 days of the notice or of the change, if later, and, for purchases on the site, obtain a refund of the portion already paid and not used.
20.2 Substantial changes to the Terms. We notify you of substantial changes by email or in the Apps at least 30 days before they take effect. If you do not accept them, you can withdraw at no cost before that date and, for purchases on the site, obtain a refund of the portion already paid and not used.
20.3 Other changes. Non-substantial changes or changes required by law apply from publication.
20.4 Acceptance. At the first login after a new version takes effect, the Apps ask you to accept it. At the top of the Terms you always find the version and the date of the last update.
Art. 21 – Governing law and disputes
21.1 Governing law. The Terms are governed by Italian law. If you are a Consumer residing in another State, the more favorable mandatory rules of your country of residence remain unaffected.
21.2 Complaints. You can send us a complaint at support@volleyball-scout.com. We reply within 30 days.
21.3 Competent court.
21.4 Alternative dispute resolution. The Consumer may have recourse to the alternative dispute resolution procedures provided by law. Tortiolaware does not adhere to specific conciliation bodies.
Art. 22 – Final provisions
22.1 Entire agreement. The Terms, with the annexes and the documents referred to in Art. 2, constitute the entire agreement between you and Tortiolaware on the Service.
22.2 Partial invalidity. If a clause is found to be invalid or ineffective, the others remain valid.
22.3 Forbearance. Our failure to exercise a right does not amount to a waiver.
22.4 Assignment. We may assign the contract to whoever takes over the business relating to the Service, provided that the assignment does not reduce your protections, informing you in advance. If you are a Consumer and do not accept the assignment, you can withdraw at no cost.
22.5 Language. The Terms are drafted in Italian. Translations are provided for convenience: in case of conflict the Italian version prevails, unless mandatory rules provide otherwise.
22.6 Surviving clauses. The clauses that by their nature must survive the end of the contract remain valid afterwards, such as those on intellectual property, Anonymized Data, liability, indemnification and governing law.
Art. 23 – Contacts
Specific approval of clauses (Business Customers only)
Pursuant to Arts. 1341 and 1342 of the Italian Civil Code (codice civile, c.c.), the Business Customer declares that it specifically approves the following clauses: 2.2 no. 3 (prevalence of special conditions); 4.2 and 4.3 (personal License and device limits); 6.4 (software prohibitions); 8.3 (Anonymized Data); 12.3 (automatic renewal); 13.3 (refund within 3 days); 14 (suspension and closure of the Account); 17 (availability and backup); 18.3 and 18.4 (exclusions and limitation of liability); 19.1 (indemnification); 20 (changes to the Service and the Terms); 21.3 (exclusive jurisdiction of the court of Ferrara); 22.4 (assignment of the contract).
Annex A – Data Processing Agreement (Art. 28 GDPR)
Integral part of the Terms and Conditions of VolleyballScout and VolleyballScoutVideo. Version 1.0 – Last updated: October 1, 2026
1. Parties
The Agreement is concluded by accepting the Terms and Conditions (“Terms”), of which it is an integral part. In case of conflict on the processing of personal data, this Agreement prevails.
2. Definitions
Capitalized terms have the meaning given in the Terms or in Regulation (EU) 2016/679 (“GDPR”). In particular:
3. Subject matter and scope
3.1 The Agreement governs the processing of the Processed Personal Data that the Processor carries out on behalf of the Controller for the sole purpose of providing the Service.
3.2 The Agreement applies only when data leaves the User’s device, that is, in case of:
3.3 Data that stays on the User’s device, such as local matches of the Base and Premium Plans, videos, montages and AI Coach conversations saved locally, is not processed by the Processor and is excluded from the Agreement.
3.4 The personal data of the User themselves, such as email, Account, licenses and payments, is processed by Tortiolaware as independent controller, according to the Privacy Policy, and is not covered by this Agreement.
3.5 If the User processes the Athlete Data for exclusively personal or household activities, the Processor nevertheless applies the measures of this Agreement.
4. Details of the processing
| Element | Description |
|---|---|
| Nature of the processing | Collection, recording, storage, sync across devices, transmission to the artificial intelligence provider, consultation for support, anonymization, deletion |
| Purpose | Providing the Service: cloud sync, AI Coach answers, technical support. Anonymization of data on the Controller’s instruction (section 12) |
| Categories of data subjects | Athletes, including minors; coaches, referees or other people possibly entered by the User |
| Types of data | First name, last name, nickname, jersey number, team, role on the court, game actions and performance statistics, notes entered by the User |
| Special categories of data | Not envisaged. The User must not enter them (Art. 9.4 of the Terms) |
| Duration | For the duration of the contract and then for the retention periods of section 13 |
5. Controller’s instructions
5.1 The Processor processes the Processed Personal Data only on documented instruction of the Controller, including for transfers to countries outside the European Economic Area (EEA), unless required by Union or Italian law. In the latter case it informs the Controller before the processing, unless the law forbids it.
5.2 The Controller’s instructions consist of the Terms, this Agreement and the Controller’s use of the Service’s features, for example by activating sync or asking the AI Coach a question. Further instructions must be given in writing and must be compatible with the Service.
5.3 If it believes that an instruction violates the GDPR or other data protection rules, the Processor immediately informs the Controller.
6. Confidentiality
The Processor ensures that the persons authorized to process the Processed Personal Data have committed themselves to confidentiality or are under a statutory obligation of confidentiality. Access is limited to what is necessary to provide the Service and support.
7. Security
7.1 The Processor adopts the technical and organizational measures required by Art. 32 GDPR, described in Appendix 2.
7.2 The Processor may update the measures over time, provided that the overall level of security does not decrease.
8. Sub-processors
8.1 The Controller grants the Processor a general authorization to use Sub-processors. Those in use are listed in Appendix 1.
8.2 The Processor informs the Controller of any addition or replacement of Sub-processors, by email or in the Service, at least 30 days before. The Controller may object on reasonable grounds related to data protection. If no solution is found, the Controller may withdraw from the contract at no cost and, for purchases on the site, obtain a refund of the portion of the Subscription already paid and not used.
8.3 The Processor imposes on Sub-processors, by contract, data protection obligations substantially equivalent to those of this Agreement, and is liable for their performance pursuant to Art. 28, para. 4, GDPR.
8.4 For the AI Coach the Processor uses Google’s Gemini API service in the paid version. According to the provider’s conditions, in this version the data sent is not used to train or improve Google’s models; Google may retain requests and responses for a limited period, for the sole purpose of detecting abuse. The service does not allow choosing the processing region: data may be processed in the United States or in other countries where Google operates, with the safeguards of section 9.
9. Transfers outside the EEA
If a Sub-processor processes the Processed Personal Data outside the EEA, the Processor ensures that the transfer takes place with one of the safeguards provided by Chapter V of the GDPR. This may be an adequacy decision, such as the EU-U.S. Data Privacy Framework for certified providers, or the standard contractual clauses adopted by the European Commission.
10. Assistance to the Controller
10.1 Taking into account the nature of the processing, the Processor assists the Controller with appropriate measures to respond to data subjects’ requests (Arts. 15-22 GDPR). If a data subject contacts the Processor directly, the Processor directs them to the Controller without replying on the merits, unless otherwise instructed.
10.2 Many requests can be handled by the Controller directly in the Apps, for example by editing or deleting players and matches or exporting data.
10.3 Within the limits of the information available to it, the Processor assists the Controller with the obligations of Arts. 32-36 GDPR: security, breach notification, impact assessment and prior consultation.
11. Data Breaches
11.1 The Processor informs the Controller of any Data Breach without undue delay and, when possible, within 48 hours of becoming aware of it. The communication is sent to the Account’s email.
11.2 The communication indicates, within the limits of what is known: the nature of the breach, the categories and approximate number of data subjects and data involved, the likely consequences and the measures taken or proposed. Information not immediately available is provided later.
11.3 Notification to the Garante and communication to data subjects remain the Controller’s responsibility. The Processor assists it as provided in section 10.3.
12. Anonymized data
12.1 By accepting the Terms the Controller gives the Processor the documented instruction to anonymize the Processed Personal Data, removing first names, last names, nicknames and any other element that allows a person to be identified, in order to derive Anonymized Data to be used to improve products and train artificial intelligence models (Art. 8.3 of the Terms).
12.2 The Processor carries out the anonymization on behalf of the Controller, with techniques adequate to make the identification of data subjects impossible by reasonable means, and periodically verifies their effectiveness. Images and videos are not used. Anonymized Data is not personal data: it is not subject to this Agreement and Tortiolaware may use it freely, even after the end of the contract.
12.3 The Controller may revoke the instruction at any time by writing to support@volleyball-scout.com: from that moment the Processor no longer anonymizes the Controller’s data. The Controller informs data subjects of this processing; the notice template for athletes and parents made available by Tortiolaware takes it into account.
13. Deletion and return of data
13.1 The Controller can export its data at any time with the Apps’ features, as described in Art. 8.7 of the Terms. This counts as return of the data.
13.2 The Processor deletes the Processed Personal Data:
13.3 Retention obligations imposed by law remain unaffected. Residual copies in the Sub-processors’ systems are eliminated according to their technical timelines.
14. Information and audits
14.1 On written request, the Processor makes available to the Controller the information necessary to demonstrate compliance with this Agreement and Art. 28 GDPR, including the documentation of security measures and Sub-processors.
14.2 If this information is not sufficient, the Controller may carry out an audit, directly or through an auditor bound by confidentiality. The audit must be announced at least 30 days in advance, is carried out at the Controller’s expense, at most once a year except in case of a Data Breach, and without access to the data of other customers. For Sub-processors, the certifications and audit reports that they make available apply.
15. Controller’s obligations
The Controller:
16. Liability and duration
16.1 The parties’ liability towards data subjects is governed by Art. 82 GDPR. In the relationship between the parties the limitations of liability of the Terms apply, to the extent permitted by law.
16.2 The Agreement lasts as long as the contract and in any case as long as the Processor processes Processed Personal Data on behalf of the Controller.
16.3 The Processor may amend the Agreement in the same way provided by Art. 20 of the Terms for changes to the Terms.
16.4 The Agreement is governed by Italian law. For disputes, the rules on jurisdiction of Art. 21 of the Terms apply.
Appendix 1 – Sub-processors
| Sub-processor | Service | Activity on the Processed Personal Data | Place of processing |
|---|---|---|---|
| Google (Firebase) | Cloud Firestore | Storage and sync of matches, teams and players (Studio) | European Union (multi-region eur3) |
| Gemini API, paid version | Processing of the match summary for AI Coach answers | United States and other countries where Google operates. Safeguards: EU-U.S. Data Privacy Framework and standard contractual clauses | |
| Amazon Web Services | AWS Lambda, API Gateway | Transit of AI Coach requests through the backend | Ireland (eu-west-1) |
| Aruba S.p.A. | Receipt of files sent for support | Italy |
Appendix 2 – Technical and organizational measures
Annex B – Model withdrawal form
(Complete and return this form only if you wish to withdraw from the contract.)
(*) Delete as appropriate.