Terms of Service

1. Acceptance of Terms

By accessing or using Kolva Club (the “Service”), you agree to be bound by these Terms of Service (“Terms”). If you do not agree to these Terms, please do not use the Service.

By using the Service, you represent that:

• You are at least 16 years of age
• You have the legal capacity to enter into a binding agreement
• If acting on behalf of a sports club or organization, you have authority to bind that organization to these Terms
• If you are a guardian registering your child, you have parental responsibility for that child

2. Description of Service

Kolva Club is a sports club management platform specifically designed for cheerleading clubs, gymnastics teams, and similar youth sports organizations. The Service provides:

• Athlete and team management
• Guardian portal for family information and payments
• Coach dashboard for attendance tracking
• Session and event scheduling
• Payment processing via Stripe and GoCardless
• Messaging and communication tools
• AI-powered administrative assistant for natural language commands
• Document storage and athlete records management

The Service is provided as a multi-tenant platform where each sports club operates as an independent tenant with their own data, members, and settings. We reserve the right to modify, suspend, or discontinue any part of the Service at any time with reasonable notice.

3. Account Registration

Club Accounts

Sports clubs must register a club account to use the Service. When registering a club account, you agree to:

• Provide accurate, current, and complete club information
• Designate at least one authorized administrator
• Maintain appropriate insurance and safeguarding policies as required by law
• Comply with all applicable sports governing body requirements
• Use the Service in accordance with child protection and GDPR regulations

User Accounts

Individual users (administrators, coaches, parents) must register user accounts. You agree to:

• Provide accurate, current, and complete registration information
• Maintain the security of your account credentials
• Not share your account credentials with others
• Notify us immediately of any unauthorized access to your account
• Accept responsibility for all activities that occur under your account
• Maintain only one account per person (no duplicate accounts)

We reserve the right to suspend or terminate accounts that violate these Terms or that we reasonably believe are being used fraudulently or inappropriately.

4. Payment and Billing

Platform Fee Model

Kolva Club operates on a transparent, pay-per-transaction model:

• No Subscription Fees: There are no monthly or annual subscription fees to use the Service
• Platform Fee: We charge a 0.75% platform fee on all payments processed through the Service
• Automatic Deduction: The platform fee is automatically deducted from each payment transaction
• Payment Provider Fees: Standard Stripe and GoCardless processing fees apply in addition to our platform fee

Payment Processing

Payment processing is handled by:

• Stripe Connect Express: For card payments and one-off transactions
• GoCardless Connect: For UK Direct Debit recurring payments (preferred method)

By using the payment features, you also agree to the terms of service of our payment providers:

• Stripe Terms of Service
• GoCardless Terms of Service

Club Billing

• Monthly Team Fees: Clubs can set recurring monthly fees per team
• Extra Sessions: One-off paid sessions (e.g., workshops, taster sessions)
• Disbursements: Fees collected on behalf of third parties (e.g., competition entries) are marked as disbursements and excluded from revenue calculations
• Price Changes: Clubs may change their fees with reasonable notice to parents

5. User Content

Your Ownership: You retain all ownership rights to content you create or upload to the Service (“User Content”), including athlete information, photos, documents, and records. We claim no ownership over your data.

License to Kolva Club: By using the Service, you grant us a limited, non-exclusive, worldwide license to:

• Store and process your content to provide the Service
• Create backups for data protection purposes
• Send your content to AI providers when you use AI features (with appropriate safeguards)
• Display your content back to authorized users within your club

This license terminates when you delete your content or close your account.

Athlete Data and Photos: Special care must be taken with children's data:

• You must have appropriate parental consent to upload athlete information and photos
• You must comply with GDPR provisions regarding children's data (under 13 in UK)
• Medical and safeguarding information must be kept confidential and only shared with authorized personnel

Content Restrictions: You agree not to upload content that:

• Is illegal or promotes illegal activities
• Infringes on intellectual property rights
• Contains malware or harmful code
• Is defamatory, harassing, or threatening
• Violates safeguarding or child protection principles
• Is inappropriate for a youth sports environment

6. Content Monitoring & Child Safety

As a platform handling children's data, child safety is our highest priority. To comply with UK law, including the Online Safety Act 2023, and to protect children, we automatically scan content uploaded to the Service. By using the Service, you acknowledge and consent to this monitoring.

What We Scan For

All uploaded files and content are automatically scanned for:

• Child sexual abuse material (CSAM)
• Inappropriate or harmful content involving children
• Terrorist content
• Malware and malicious code
• Other illegal content as required by law

How Scanning Works

Scanning is performed using:

• Cryptographic hash matching against known illegal content databases
• AI-powered content analysis for text and images
• Malware signature detection

Scans are performed automatically at the time of upload. Clean content passes through immediately. Suspicious content may be flagged for review. Illegal content is blocked immediately.

Reporting to Authorities

We are legally required to report certain content to UK authorities:

• CSAM content is reported immediately to the Internet Watch Foundation (IWF) and law enforcement
• Safeguarding concerns are reported to appropriate local authorities
• Terrorist content is reported to the Counter Terrorism Internet Referral Unit (CTIRU)
• Other illegal content may be reported to the National Crime Agency (NCA) or relevant authorities

When making a report, we are required to provide relevant account information and content metadata to the authorities. We may not be able to notify you of such reports, as doing so may be prohibited by law or may compromise child safety.

Data Retention for Compliance

For compliance and evidence purposes, we retain:

• Cryptographic hashes of all uploaded files (for audit trail)
• Moderation scan results and logs
• Evidence of any detected violations (retained as required by law)

Illegal content and related logs may be retained for 7+ years as evidence, even if your account is deleted.

7. Acceptable Use

You agree to use the Service only for lawful purposes and in a manner consistent with operating a safe, professional youth sports environment. You must not:

• Use the Service for any illegal purpose or in violation of any laws
• Upload malicious content, viruses, or malware
• Attempt to gain unauthorized access to the Service or other users' accounts
• Interfere with or disrupt the Service or its infrastructure
• Use automated scripts or bots to access the Service without permission
• Circumvent usage limits or billing
• Resell or redistribute the Service without our written permission
• Use the Service to harass, abuse, or harm others, particularly children
• Violate safeguarding policies or child protection principles
• Share confidential athlete information with unauthorized parties

8. AI Features

Our AI administrative assistant is powered by Google Gemini Flash 3.0. The AI helps automate administrative tasks through natural language commands. You acknowledge that:

• Best Effort: AI features are provided on a best-effort basis. AI-generated content may contain errors or inaccuracies.
• Confirmation Required: The system will always ask for confirmation before performing important actions (e.g., creating sessions, sending messages, processing payments).
• Your Responsibility: You are responsible for reviewing and verifying any AI-generated content or actions before confirming them.
• No Guarantees: We do not guarantee specific results, accuracy, or availability of AI features.
• Third-Party Terms: AI processing is subject to Google's terms of service. Google does not train on your club's data.
• Appropriate Use: You agree not to use AI features to generate harmful, illegal, or inappropriate content.

AI and Children's Data

When AI features process athlete data:

• We only send necessary data to Google's AI service (e.g., names, ages, team assignments)
• Sensitive medical or safeguarding information is never sent to AI providers
• All AI processing is encrypted in transit and at rest
• Data is processed in accordance with GDPR requirements for children's data

9. Support Services

We provide email and in-app support for all users. When you use our support features, you acknowledge that:

• Response Times: We aim to respond to support requests within 24-48 hours during business days.
• Conversation Logging: Support conversations are logged for quality assurance and may be used to improve our support systems.
• Safeguarding Escalation: Any safeguarding concerns raised in support requests will be escalated immediately to appropriate authorities as required by law.
• Contact: Support requests can be sent to [email protected]

10. Intellectual Property

Our IP: The Service, including its design, features, code, and branding, is owned by Kolva Ltd and protected by copyright, trademark, and other intellectual property laws. You may not copy, modify, distribute, or reverse engineer any part of the Service without our written permission.

Trademarks: “Kolva Club”, “Kolva”, and our logo are trademarks of Kolva Ltd. You may not use these marks without our prior written consent.

Feedback: If you provide feedback, suggestions, or ideas about the Service, you grant us a perpetual, royalty-free license to use and implement such feedback without any obligation to you.

11. Privacy

Your privacy and the privacy of children using the Service is of utmost importance. Our collection and use of personal data is governed by our Privacy Policy, which is incorporated into these Terms by reference.

By using the Service, you consent to the collection and use of your data as described in the Privacy Policy. You also confirm that you have obtained necessary parental consent for children's data where required.

GDPR and Children's Data: We comply fully with GDPR requirements for processing children's personal data, including:

• Lawful basis for processing (parental consent, legitimate interests)
• Data minimization (only collecting necessary information)
• Special category data handling (medical information, safeguarding records)
• Right to access, rectification, and erasure
• Data portability

12. Third-Party Services

The Service integrates with the following third-party services:

• Stripe Connect Express: Payment processing for card payments
• GoCardless Connect: UK Direct Debit payment processing
• Google Gemini: AI features and natural language processing

We are not responsible for:

• The content, accuracy, or practices of third-party services
• Any loss or damage arising from your use of third-party services
• The availability or functionality of third-party integrations

Your use of third-party services is at your own risk and subject to their respective terms.

13. Disclaimers

14. Limitation of Liability

Some jurisdictions do not allow the exclusion of certain warranties or limitation of liability, so some of the above limitations may not apply to you.

15. Indemnification

You agree to indemnify, defend, and hold harmless Kolva Ltd and its officers, directors, employees, and agents from any claims, damages, losses, liabilities, and expenses (including legal fees) arising from:

• Your use of the Service
• Your violation of these Terms
• Your violation of any rights of a third party
• Your User Content, including athlete data and photos
• Any incidents, injuries, or disputes related to your sports club activities
• Your club's safeguarding policies or practices

16. Termination

Your Right to Terminate: You may close your club account at any time through the account settings. Upon closure, your data will be removed as described in our Privacy Policy.

Our Right to Terminate: We may suspend or terminate your account immediately if you:

• Violate these Terms or our Acceptable Use Policy
• Engage in fraudulent or illegal activity
• Upload illegal or inappropriate content involving children
• Fail to address safeguarding concerns when raised
• Upon request of law enforcement

Effect of Termination: Upon termination:

• Your right to use the Service ends immediately
• You will receive a final invoice for any outstanding platform fees
• Your data will be deleted according to our retention policy (except as required by law)
• Safeguarding records and evidence of violations may be retained as required by law
• Sections that should survive termination (such as liability and indemnification) will continue

17. Dispute Resolution

Governing Law: These Terms are governed by the laws of England and Wales, without regard to conflict of law principles.

Informal Resolution: Before filing any legal claim, you agree to contact us at [email protected] and attempt to resolve the dispute informally for at least 30 days.

Jurisdiction: Any disputes not resolved informally shall be subject to the exclusive jurisdiction of the courts of England and Wales.

Consumer Rights: If you are a consumer in the EU/UK, you retain any mandatory consumer protection rights under the laws of your country of residence.

18. General Provisions

• Entire Agreement: These Terms, together with the Privacy Policy and other referenced policies, constitute the entire agreement between you and Kolva Ltd.
• Severability: If any provision of these Terms is found invalid or unenforceable, the remaining provisions will remain in full force.
• Waiver: Our failure to enforce any right or provision of these Terms does not constitute a waiver of such right or provision.
• Assignment: You may not assign your rights under these Terms without our consent. We may assign our rights without restriction.
• Force Majeure: We are not liable for any failure to perform due to circumstances beyond our reasonable control.

19. Changes to These Terms

We may update these Terms from time to time. When we make significant changes:

• We will notify you via email or through the Service
• We will update the “Last updated” date at the top
• We will give you at least 30 days' notice before major changes take effect

Continued use of the Service after changes take effect constitutes acceptance of the new Terms. If you do not agree to the changes, you should stop using the Service and close your account.

20. Contact Information

For questions about these Terms, please contact us:

Related Documents

• Privacy Policy
• Cookie Policy