Legal
This document exists in Italian and English. For the other site languages the English version applies; in case of divergence the Italian version prevails.
These terms govern the use of MarkerDrift. Please read them: they set out the limits of what the software does, and what remains the responsibility of the people using it.
MarkerDrift is web-based software for monitoring athlete workload. It reads files exported by third-party tools (GPS, force plates, questionnaires) and computes descriptive indices from them.
The service is updated continuously: features may be added, changed or withdrawn. Changes that substantially reduce what the service does are announced in advance.
MarkerDrift does not predict injuries, does not compute injury probabilities, does not produce risk scores, and does not issue fitness judgements or clinical recommendations. It describes deviations from an individual norm, changes and trends.
It is not a medical device and does not replace assessment by a qualified health professional. Every decision about an athlete remains with the person who has the competence and the responsibility to make it.
MarkerDrift is offered to sports clubs, organisations and professionals buying in the course of a professional or business activity. It is not offered to consumers, and the customer declares this at sign-up.
Whoever accepts these terms declares that they have the authority to bind the organisation they represent.
The contract is formed in four steps. First: the sign-up form is filled in, these Terms, the Privacy notice and the Data processing agreement are read and accepted with the boxes provided — none of which is pre-ticked. Second: the account is created and the organisation starts pending payment; in that state the software accepts no data. Third: payment takes place on Paddle. Fourth: once payment is confirmed the organisation is activated and the welcome e-mail arrives, summarising the plan bought and pointing to the documents accepted.
Until payment the contract is not concluded. If payment does not arrive within seven days of the account being created, the account and the organisation are deleted; a reminder with the date is sent beforehand by e-mail, and a pending organisation holds no data yet.
Before confirming, every step of the form can be reviewed and corrected by going back. The documents accepted remain available on this site, and for every sign-up we keep which version was accepted, in which language and when.
The contract is concluded in Italian or in English, the languages these documents exist in.
The contract is made up of three documents, in this order of precedence in case of conflict: the plan subscribed to (price, term, number of teams); the Data processing agreement (DPA), for everything concerning the processing of personal data; these Terms of service.
The DPA is not optional: without it we cannot process the customer’s athletes’ data on its behalf. It is accepted at sign-up together with these Terms.
The Privacy notice is not a clause of the contract: it describes how we process the data of people who write to us and of people who open an account, and it is acknowledged rather than agreed.
For the term of the subscription and within the limits of the plan subscribed to, we grant the customer a non-exclusive, non-transferable, non-sublicensable and revocable licence to use the service for the internal purposes of its organisation.
Software, code, documentation, trade mark, name and every development of the service stay ours: the subscription transfers no ownership and grants no rights beyond the right to use the service.
It is not permitted to resell, sublicense or give access to the service to unauthorised third parties; to use it to build or operate a competing product, or to give a competitor access to it; to decompile, disassemble or attempt to derive the source code, except within the limits the law allows in any case; or to access it with robots, scripts or automated agents, other than through an interface we have authorised in writing.
The service is bought by team: one plan for a single team, one for several, and a quoted plan for anyone above that limit. Staff users and athletes are neither counted nor charged.
The subscription is paid monthly or annually; the annual plan costs the same as ten monthly payments: two months are included in the price. Published prices are exclusive of value added tax, which is added at payment according to the customer’s country. The price that applies is the one published on the site at the time of purchase.
Renewal runs for the same length as the term chosen, unless cancelled before it ends. A price change does not affect a period already paid for and is announced at least thirty days before renewal; in that case the customer may choose not to renew.
The sale and the collection of payment go through Paddle, which resells the service on our behalf: Paddle issues the invoice, applies the tax of the customer’s country and handles the payment methods. Paddle’s buyer terms also apply to the payment, while these Terms govern the use of the service. The invoice is not issued by the provider: the tax obligations that follow in the customer’s own country remain the customer’s.
Within 14 days of the first purchase you may ask for a full refund, with no reason to give. The refund is made to the same payment method.
With the refund the subscription ends and the organisation becomes read-only for 60 days: the data can still be read and exported.
The request is made by writing to the address shown at the bottom of this page, and the refund is executed by Paddle. It is a commercial guarantee we grant, and it covers the first purchase, not renewals. It is not the statutory right of withdrawal, which belongs to consumers and not to someone buying for their own professional or business activity; where that right applies by law, it is unaffected.
Once the payment term has passed, access becomes read-only for 60 days: data stays visible and can be exported, while nothing can be added or changed. Export is never suspended, because the customer needs it to meet its own obligations.
Once those 60 days have passed without payment, the contract is treated as terminated. No data is deleted at that point: retention and deletion follow clause 11 of the Data processing agreement, which leaves the customer the choice between having the data returned or deleted until ninety days after termination, and provides for deletion once that period has passed if no choice is made.
No deletion happens without notice: the customer is told beforehand, at the address given at sign-up.
The subscription runs for the term subscribed to. Cancellation is given from within the software, under Settings → Subscription, before the current term ends: from that moment the service stays active until the end of the period already paid for.
A term that has begun is not refunded pro rata: the refund is the guarantee described above, which covers the first purchase.
After the relationship ends, access becomes read-only for 60 days, as it does for non-payment: data can be read and exported. The contract is then closed, and retention and deletion follow clause 11 of the Data processing agreement.
Either party may terminate the contract for the other’s material breach, not remedied within thirty days of a written notice.
Not even a disputed invoice suspends the export of data.
The customer is the controller of its athletes’ data; we are the processor and process on its behalf, within the limits of the Data processing agreement.
The customer warrants that it has a valid legal basis for the data it uploads and that it has provided data subjects with the notice required by Art. 13 GDPR.
Wellness, injuries, medical reports, force-plate tests and anthropometric measurements are data concerning health (Art. 9 GDPR). They may not be uploaded without: a legal basis under Art. 9.2 — for a professional athlete as a rule Art. 9.2.h, which operates only under the responsibility of a professional bound by professional secrecy, that is the club doctor (Art. 9.3); for an amateur and for a minor, explicit consent —; the notice provided; and internal measures limiting access to those data to those who must have it.
The service may be used on athletes who are minors only if the customer has obtained the consent of the holder of parental responsibility and keeps it in a verifiable form. We do not verify it and are not required to verify it: the software can flag who appears uncovered and, if the customer switches it on, block collection for those athletes, but these are tools we make available — not a check we carry out, and not a judgement on the customer’s compliance.
Where the athletes are workers, the customer warrants that it has met the obligations its own country’s law lays down for tools from which remote monitoring of work activity may follow. In Italy these are the agreement with the trade union representatives or, failing that, the authorisation of the Labour Inspectorate (Art. 4 of Law 300/1970), which Art. 114 of the Italian Privacy Code makes a condition for the lawfulness of the processing.
The customer is responsible for the accuracy of the data it uploads, for managing its staff accounts and credentials, and for the use it makes of the results.
Every login is personal: credentials are not shared and the same account is not used by more than one person. The access log, the role-based permissions on health data and the traceability of consents — which Annex B of the Data processing agreement promises the customer — only work that way.
The service may not be used for unlawful purposes, to attempt access to other organisations’ data, or under loads that would impair it for others.
If an instruction the customer gives us appears to us manifestly contrary to data protection law, we say so in writing (Art. 28.3 GDPR). We do not substitute our own assessment for the customer’s.
If the customer or one of its users breaks the rules of use, we ask that the breach stop; where it is needed to protect the security of the service, of the data or of other customers, we may suspend the login concerned, including without notice.
If the breach is material, or does not stop within thirty days of our written notice, we may terminate the contract. The customer’s right to export its data and the retention terms of the Data processing agreement remain unaffected in any case.
Suspending a single shared login concerns that login and does not suspend the service.
Uploaded data remains the customer’s property. We do not use it for our own purposes, we do not use it to build reference datasets, and we do not use it to train models.
The customer can export it at any time and delete it from the software: one athlete at a time, or the whole organisation from Settings → Subscription.
We do our best to keep the service available, but we do not guarantee uninterrupted or error-free operation. Planned maintenance is announced when it causes an interruption.
The infrastructure providers the service relies on are listed in Annex C of the Data processing agreement. We choose them, and we answer for them within the limits of the section on limitation of liability: an outage of theirs is not force majeure. For the processing of personal data, Art. 28.4 GDPR remains unaffected and cannot be set aside by contract.
Support is requested in writing at the address shown at the bottom of this page and is provided according to the plan subscribed to. For the Pro plan we reply within 2 working days of the request — Monday to Friday, public holidays excluded — and the guided onboarding with the staff takes place as set out in the quote. The time limit concerns the first reply, not the resolution of the problem.
To the extent permitted by law, the provider’s total liability is limited to the fees paid in the twelve months preceding the event. The cap is a single aggregate one and covers all claims arising out of the contract, whatever the number of events.
To the extent permitted by law we are not liable for loss of profit, loss of business opportunity or reputational harm. Loss of data is carved out of that exclusion: the measures that prevent it are the ones promised in Annex B of the Data processing agreement, and we do not contract our way out of what we undertake there.
We are not liable for decisions taken by the customer or its staff on the basis of the numbers the software shows. The software describes deviations from the individual norm, changes and trends; interpreting them and deciding about an athlete remain with whoever has the competence and the responsibility to do so.
For damage arising out of the processing of personal data, the cap set out in the Data processing agreement applies, and on that subject it prevails over this clause.
Limitations not permitted by law are excluded, including those for wilful misconduct and gross negligence. Nothing in these terms limits the rights the applicable law grants a consumer.
The customer holds us harmless from claims, actions, fines, damages and reasonable costs of defence arising out of: the absence of a legal basis, of a notice or of a consent for the data it has uploaded, including data concerning health and data about minors; the failure to meet the obligations on remote monitoring of work activity; use of the service in breach of these terms or of the law; content it uploads, where it infringes third-party rights; and instructions it gives us that turn out to be contrary to data protection law.
We notify the customer of the claim promptly, leave the defence to it and cooperate at its expense. We do not settle without its consent where the settlement carries a burden for it.
Symmetrically, we hold the customer harmless from third-party claims alleging that the software itself infringes their intellectual property rights, except where the claim arises out of the customer’s data, out of a use that departs from these terms, or out of a combination with systems that are not ours.
We are not liable for delays or failures to perform caused by circumstances beyond our reasonable control: interruptions of public communication networks or of the electricity supply, natural events, pandemics, acts of authorities, armed conflict and general strikes.
An outage of a provider we have chosen ourselves is not force majeure and does not fall under this section: the section on availability covers it. Payment of the fees is not suspended by force majeure; if, however, the service stays unavailable for more than sixty consecutive days, either party may withdraw.
Each party treats the other’s information that it comes to know as confidential and does not disclose it, except to those who need to know it and are bound by an at least equivalent obligation, or where a legal obligation requires it.
The obligation lasts five years from the end of the relationship, and without time limit for what constitutes a trade secret. The processing of personal data is governed by the Data processing agreement, not by this section.
These terms are governed by Italian law. The courts of Enna, Italy have exclusive jurisdiction over any dispute.
These terms are drawn up by the provider. Under Art. 1341, second paragraph, of the Italian Civil Code the customer specifically approves, by means of the dedicated box provided at sign-up, the following clauses: «Limitation of liability»; «Indemnity»; «If a payment does not arrive», as to the suspension of access and the termination of the contract; «If the rules are not followed», as to suspension including without notice and as to termination; «The subscription», as to renewal at the end of the term; «Governing law and jurisdiction», as to exclusive jurisdiction.
The approval refers to the version of these terms shown at the top of this page, and for every sign-up we keep which version was approved and when.
We may update these terms. The date of the last revision and the version are shown at the top of this page, and for every sign-up we keep which version was accepted.
Substantial changes are notified to active customers at least thirty days before they take effect, by e-mail or inside the software. If the customer does not accept them it may withdraw by that date, with no penalty and with a refund of the unused part of the subscription.
If a clause of these terms is void or ineffective, the others remain valid.
The customer may not assign the contract without our written consent. We may assign it in case of a merger or a transfer of business, with the customer’s rights unaffected.
Notices are given in writing: to us at the address shown at the bottom of this page, to the customer at the address given at sign-up, which it is the customer’s responsibility to keep up to date.
The sections on intellectual property, confidentiality, indemnity, limitation of liability, and governing law and jurisdiction survive the end of the relationship.
MarkerDrift is provided by Lorenzo Vitale (CPSS, CSCS), Italian VAT number 01344880867, Via San Felice 6 bis, 94014 Nicosia (EN), Italy.
For any communication about these terms you can write to support@markerdrift.com.