Legal

App Terms of Use

These terms govern use of the ATS mobile application and the service behind it by subscribing clubs, organisations and individuals, and by the staff they give access to. For this website, see the website Terms of Use.

1. Operator and agreements

The ATS service is operated by Athlete Thermography Screening j.d.o.o., Radnička cesta 50, 10000 Zagreb, Croatia ("ATS"). Statutory company information is on the Impressum page. The plan, price, term and any equipment are set out in the subscription agreement between ATS and the subscriber, and the processing of athletes' personal data in the data processing agreement. Where those agreements differ from these terms, the agreements prevail.

2. Accounts and access

Accounts are personal and are created by the subscriber or by ATS. You sign in with a one-time code sent to your email address. Do not share your account, sign-in codes or devices signed in to ATS with anyone. The subscriber decides who in its organisation has access, and removes people who should no longer have it. ATS may restrict or revoke access where this is needed for security or compliance.

3. Plans and features

The features available depend on the plan in the subscription agreement. The app takes no payments. ATS releases updates to the app; an outdated version may stop working until it is updated.

4. Equipment

ATS provides the software and the service. A thermal camera can reach the subscriber in one of the ways below. The order or a separate equipment agreement says which one applies to each delivery and sets out its details. Who owns a camera follows from that agreement, not from who arranged the delivery or who paid an invoice.

(a) A distributor supplies its own camera. The camera stays the property of the distributor unless a separate agreement says otherwise. The sale or transfer of the camera, its warranty, servicing, maintenance and return are a matter between the distributor and the subscriber. ATS is responsible for the agreed functions of its software and service. ATS is not the owner or the seller of the camera because it is delivered for use with ATS.

(b) ATS provides a camera for the subscription. Where ATS buys a camera and gives it to the subscriber to use during the subscription, the camera remains the property of ATS. The subscriber may not sell, lend, transfer or pledge it to anyone without the written approval of ATS. The subscriber uses it only with the ATS service and takes reasonable care of it. From handover until the camera is returned, the subscriber is responsible for its loss, theft and damage other than normal wear. When the subscription ends, the subscriber returns the camera and its accessories within the period, in the condition and at the cost set out in the order or the equipment agreement.

(c) ATS sells a camera. Where ATS sells a camera to the subscriber, the terms of that sale, including when ownership passes, are set out separately from the subscription. The end of the subscription does not by itself oblige the subscriber to return a camera it has bought.

(d) The distributor invoices the camera and ATS the software. The distributor is the seller of the camera to the subscriber and has the obligations of a seller towards it. ATS provides and invoices the software and service and is responsible for them. ATS does not take on the obligations of an equipment seller because it coordinates an order or a delivery.

ATS takes on further obligations towards a subscriber regarding equipment only where the order or a separate agreement states them expressly.

5. Recording conditions

Results are reliable only when scans are recorded under controlled conditions: a room temperature between 18 and 25 °C, with no active ventilation, air conditioning, radiators or other heat or cooling sources; the athlete in the room for at least 15 minutes beforehand to adapt to it; a distance of about 2 metres; and a qualified person recording, such as a physiotherapist, a strength and conditioning coach, a fitness trainer or a kinesiotherapist. ATS is not responsible for results from scans recorded otherwise.

6. Athlete data

The subscriber is the controller of its athletes' personal data. It is responsible for a valid legal basis, including explicit consent where required and the consent of a parent or guardian for minors where the law requires it, and for informing its athletes. How ATS processes that data is described in the App Privacy Policy.

7. Not a medical device

ATS is a sports-performance and wellness tool. It supports athlete condition monitoring, return-to-training monitoring and training planning. It is not a medical device and does not diagnose, treat, cure or prevent any medical condition, and it does not replace medical diagnosis, medical devices or medical protocols. Its results and training guidance are information for qualified staff to review. For medical concerns, athletes should consult a qualified healthcare professional.

8. Acceptable use

Use ATS only for its intended purpose and within the law. Do not decompile the app, analyse or reconstruct its algorithms, attempt to copy the system or its design, use it to build a competing product, or try to access data that is not yours to see.

9. Intellectual property and feedback

The software, algorithms, thermographic screening methodology, application design and databases belong to ATS. A subscription gives the right to use the service, not ownership of it. Comments, suggestions and bug reports you send us may be used by ATS to develop the service without compensation.

10. Anonymised data

ATS may use anonymised and aggregated data for research, algorithm development, statistics and publications, as described in the App Privacy Policy. The identity of athletes is never disclosed.

11. Suspension and termination

ATS may suspend access immediately in the event of a security incident, unauthorised access, misuse of the service or a material breach of these terms or of the subscription agreement. When a subscription ends, access stops and athlete data is returned, deleted or anonymised as set out in the data processing agreement.

12. Liability

ATS is responsible for providing the software and service with the functions agreed in the subscription agreement. For equipment, ATS is responsible only as set out in section 4: for a camera ATS did not sell or provide, the seller is responsible.

ATS is not liable for decisions made on the basis of results from the service, or for injuries, deterioration of condition or other consequences arising from its use, unless they are caused by intent or gross negligence on the part of ATS. This limitation does not apply where Croatian law does not allow liability to be excluded or limited in advance, including liability for intent and gross negligence under the Civil Obligations Act and the mandatory rights of consumers.

13. Changes to these terms

We may update these terms when the service or the law changes. Material changes will be announced on this page.

14. Governing law and complaints

These terms are governed by Croatian law. Disputes will be heard by the courts competent for the seat of ATS. Consumers retain the protections of the mandatory law of their habitual residence. Written complaints may be sent to vlaho@athletethermographyscreening.hr or by post to the address above. We will respond within 15 days as required by the Croatian Consumer Protection Act.