ClubMoov

1. GENERAL PROVISIONS

1.1 Identification

These general terms and conditions (hereinafter “Terms”) govern the contractual relationship between:

CLUBMOOV.COM (hereinafter “the Provider”)

AND

The club or organization (hereinafter “the Client”) that uses the services provided on the website www.clubmoov.com and associated applications (hereinafter collectively referred to as “the Platform”).

1.2 Purpose

The Platform offers digital services for clubs management, including but not limited to: member registration, administrative management, and secure payment processing services.

1.3 Definitions

Account: The personal space created by the Client on the Platform to access and manage the services.
Member: Any person registered in the Client's database through the Platform.
Services: All functionalities offered by the Platform as described in section 2.
Subscription: The commercial formula selected by the Client providing access to specific Services for a defined period.

1.4 Acceptance of Terms

By creating an Account on the Platform, the Client expressly acknowledges having read these Terms and accepts them without reservation. Use of the Platform constitutes full acceptance of these Terms.

These Terms are accessible at any time on the Platform. The Provider reserves the right to modify these Terms at any time. The Client will be informed of any changes via email and/or notification on the Platform. Continued use of the Platform after notification of changes constitutes acceptance of the new Terms.

2. SERVICES DESCRIPTION

2.1 Basic Services

The Platform provides the following services:

Registration and management of club members
Administrative tools for club management
Processing of membership fees and other payments
Communication tools with members
Reporting and analytics

2.2 Service Levels

The Platform offers different Subscription plans with varying levels of service. The specific features included in each Subscription plan are detailed on the Platform.

2.3 Service Availability

The Provider will make reasonable efforts to ensure the Platform is available 24 hours a day, 7 days a week. However, the Provider reserves the right to temporarily suspend access for maintenance operations or updates. The Client will be notified in advance of any planned maintenance, except in cases of emergency.

3. ACCOUNT CREATION AND MANAGEMENT

3.1 Account Creation

To use the Services, the Client must create an Account by providing all required information. The Client guarantees that all information provided is accurate, complete, and up-to-date.

3.2 Account Security

The Client is solely responsible for maintaining the confidentiality of their login credentials and for all activities that occur under their Account. The Client must immediately notify the Provider of any unauthorized use of their Account or any other security breach.

3.3 Account Restrictions

The Client may not:

Create multiple Accounts
Share their Account with third parties
Use the Account for purposes other than those intended by the Platform
Use the Account for illegal activities or in violation of these Terms

4. FINANCIAL CONDITIONS

4.1 Pricing

The prices for the different Subscription plans are available on the Platform. Prices are indicated in Euros, exclusive of taxes. The Provider reserves the right to modify the prices at any time, with notification to the Client.

4.2 Payment Terms

Payment for the selected Subscription must be made in advance according to the billing frequency chosen by the Client (monthly, quarterly, or annually). All payments are processed through the secure payment providers integrated with the Platform.

4.3 Invoicing

Invoices will be sent electronically to the Client and will be available in the Client's Account.

4.4 Late Payment

In case of late payment, default interest at a rate of 10% per annum will be applied automatically from the due date of the invoice without prior notice. Additionally, a fixed compensation amount of €40 will be charged for recovery costs, with a minimum of €50 or 12% of the principal amount for higher amounts.

In case of non-payment within 15 days after a formal notice, the Provider reserves the right to suspend access to the Services until complete payment is received.

4.5 Retention of Title

The Provider retains ownership of the Services until complete payment is received from the Client.

5. SUBSCRIPTION DURATION AND TERMINATION

5.1 Subscription Duration

The Subscription is concluded for the period selected by the Client during registration (monthly, quarterly, or annual). It is automatically renewed for identical periods unless terminated by either party.

5.2 Termination by the Client

The Client may terminate their Subscription at any time by providing notice through their Account or by email to support@clubmoov.com at least 15 days before the end of the current subscription period. Termination will be effective at the end of the current subscription period.

No refund will be issued for early termination during a subscription period.

5.3 Termination by the Provider

The Provider reserves the right to terminate the Client's Account and Subscription, without notice or compensation, in case of:

Breach of these Terms
Provision of false information
Non-payment
Use of the Platform for illegal purposes
Inactivity of the Account for more than 12 consecutive months

5.4 Consequences of Termination

Upon termination of the Subscription, the Client will no longer have access to the Services. The Client may export their data within 30 days following termination. After this period, the Provider reserves the right to permanently delete all Client data from its servers.

6. DATA PROCESSING

6.1 Client Data

The Provider processes the Client's personal data in accordance with the Privacy Policy available on the Platform and with applicable data protection laws, including the General Data Protection Regulation (GDPR).

6.2 Member Data

In relation to Member data, the Client acts as the data controller and the Provider as the data processor as defined in the GDPR. The Client is responsible for:

Obtaining appropriate consent from Members for the processing of their data
Providing Members with accurate information about data processing
Respecting Members' rights regarding their personal data

The Provider will process Member data solely on the Client's documented instructions and in accordance with the Data Processing Agreement available on the Platform.

6.3 Data Security

The Provider implements appropriate technical and organizational measures to ensure a level of security appropriate to the risk of data processing.

6.4 Data Retention

Client and Member data will be retained for the duration of the Subscription and for a period of 12 months following termination, unless a longer retention period is required by law.

7. INTELLECTUAL PROPERTY

7.1 Platform Rights

The Platform, including its content, features, and functionality, is owned by the Provider and is protected by intellectual property rights. No right, title, or interest in the Platform is transferred to the Client.

7.2 License

The Provider grants the Client a limited, non-exclusive, non-transferable license to use the Platform for the duration of the Subscription and solely for the purposes described in these Terms.

7.3 Restrictions

The Client shall not:

Copy, modify, or create derivative works of the Platform
Reverse engineer, decompile, or disassemble the Platform
Remove or alter any copyright, trademark, or other proprietary notices
Use the Platform to develop a competing product or service

8. LIABILITY AND WARRANTIES

8.1 Provider's Warranties

The Provider warrants that the Platform will substantially conform to the specifications described on the Platform. However, the Provider does not guarantee that the Platform will be error-free or that access will be continuous and uninterrupted.

8.2 Limitation of Liability

To the maximum extent permitted by law, the Provider's liability for any damages arising from the use of the Platform or the Services shall be limited to the amount paid by the Client for the Subscription during the 12 months preceding the event giving rise to liability.

The Provider shall not be liable for any indirect, consequential, special, incidental, or punitive damages, including loss of profits, data, or business opportunities.

8.3 Force Majeure

Neither party shall be liable for any failure or delay in performing its obligations if such failure or delay is due to causes beyond its reasonable control, including but not limited to natural disasters, wars, terrorist acts, riots, government actions, or widespread internet disruptions.

The COVID-19 pandemic and associated governmental restrictions are not considered cases of force majeure. In case such restrictions prevent the Provider from delivering the Services, the Provider commits to:

Extend the Subscription period by the duration of the service interruption, or
Provide a pro-rata refund for the period during which Services were unavailable.

8.4 Client's Responsibilities

The Client is solely responsible for:

The accuracy and legality of all data uploaded to the Platform
Compliance with all applicable laws regarding club management and data protection
All activities conducted through their Account

9. INDEMNIFICATION

The Client agrees to indemnify, defend, and hold harmless the Provider, its affiliates, officers, directors, employees, and agents from any claims, liabilities, damages, losses, and expenses (including legal fees) arising from or relating to:

The Client's breach of these Terms
The Client's use of the Platform
The Client's violation of any third-party rights
Any content uploaded to the Platform by the Client

10. APPLICABLE LAW AND DISPUTE RESOLUTION

10.1 Applicable Law

These Terms shall be governed by and construed in accordance with Belgian law.

10.2 Dispute Resolution

In the event of a dispute arising from these Terms or the use of the Platform, the parties shall first attempt to resolve the dispute amicably through negotiation.

If an amicable solution cannot be reached within 30 days, the dispute shall be submitted to the exclusive jurisdiction of the courts of Brussels, Belgium.

11. MISCELLANEOUS

11.1 Entire Agreement

These Terms constitute the entire agreement between the Client and the Provider regarding the use of the Platform and supersede all prior or contemporaneous communications and proposals.

11.2 Severability

If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions will remain in full force and effect.

11.3 No Waiver

The Provider's failure to enforce any right or provision of these Terms shall not be considered a waiver of such right or provision.

11.4 Assignment

The Client may not assign or transfer these Terms or any rights or obligations hereunder without the Provider's prior written consent. The Provider may assign these Terms without restriction.

11.5 Contact Information

For any questions regarding these Terms, please contact us at:

Email: contact@clubmoov.com

Last updated: 2025-03-22

User's Rights and Responsibilities

We reserve the right to modify these terms at any time. You'll be notified of significant changes.

GENERAL TERMS AND CONDITIONS - CLUBMOOV.COM