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 Standard: 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 (see section 8)
• 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. Uploaded Content & Child Safety

As a platform handling children's data, child safety is our highest priority. We will comply with the UK laws that apply to the Service, including the Online Safety Act 2023 where it applies.

What We Check When You Upload a File

When you upload a file, the Service checks that it is an allowed type (for example PDF, JPEG, PNG, WebP or Word) and that it is within the size limit for that type. Files that fail these checks are rejected.

We do not automatically scan uploaded files or messages for viruses, malware or illegal images, or compare them against databases of known illegal content. Your club is responsible for what it and its members upload (see section 5 and section 7).

If We Become Aware of Illegal Content

If illegal content or a safeguarding concern is brought to our attention, we will act on it, and we will report it to the police or other relevant authorities where the law requires us to. We may need to provide relevant account information to them. We may not be able to tell you about a report, as doing so may be prohibited by law or may put a child at risk.

Where the law requires it, or the authorities ask us to, we may keep illegal content and related records 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 uses Google's Gemini API. The AI helps automate administrative tasks through natural language commands. Staff certificate reading also uses Google's Gemini API. Other features use other AI providers: the help chat, policy review and Smart Import use Anthropic, and the voice feature uses AssemblyAI (speech to text) with Cartesia and OpenAI (text to speech). See our sub-processor list. 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 the AI providers' own terms of service, and may take place outside the UK and the European Economic Area.
• 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:

• The details needed to answer a request are sent to the AI provider (for example names, ages and team assignments). If an administrator asks the AI assistant about an athlete, this can include their date of birth, their parents' contact details and any medical information recorded for them (conditions, allergies and medication).
• Smart Import sends sample rows from a spreadsheet you upload to Anthropic. These may include names, contact details and any medical columns the spreadsheet contains.
• If your club's “AI inbox assistant” setting is on, emails and portal messages that parents send to the club are analysed by AI so they can be sorted and replies suggested. It is on by default. An administrator can switch it off in Settings, after which nothing in those messages is sent to AI.
• We never use children's data to train AI models
• Data is sent to AI providers over encrypted connections
• 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 Standard: Payment processing for card payments
• GoCardless Connect: UK Direct Debit payment processing
• Mollie: Payment processing, for clubs that connect a Mollie account
• Resend: Sending email, and receiving replies to club reply addresses
• Google: Gemini AI features, “Sign in with Google”, maps on club websites and web push notifications
• Anthropic: AI features (help chat, policy review, Smart Import)
• AssemblyAI, Cartesia and OpenAI: The voice feature (speech to text and text to speech)
• Cloudflare: CDN, DNS and proxy, and bot protection (Turnstile)

The full list of providers that handle personal data, including our hosting provider, is on the sub-processor list.

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 ask us to close your club account at any time by emailing [email protected]. 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