Terms and Conditions

Terms and Conditions

GENERAL TERMS AND CONDITIONS

for use of a platform for managing sports club activities

These General Terms and Conditions govern the relationship between the administrator/owner of the platform “SPORTS SOFTWARE” Ltd., UIC 207779428, with registered seat and management address: Sofia, postal code 1799, Mladost district, Mladost 2 residential area, bl. 235, entrance 1, floor 10, apt. 37 (“Provider”) and the users of the platform (“User”) for managing sports club activities (“Platform”).

I. PROVIDER INFORMATION AND SUPERVISORY AUTHORITIES

Art. 1. Information pursuant to the Electronic Commerce Act and the Consumer Protection Act:

1. Provider name: “SPORTS SOFTWARE” Ltd., UIC 207779428.

2. Registered seat and management address: Sofia, postal code 1799, Mladost district, Mladost 2 residential area, bl. 235, entrance 1, floor 10, apt. 37.

3. Business address and address for consumer complaints: Sofia, postal code 1799, Mladost district, Mladost 2 residential area, bl. 235, entrance 1, floor 10, apt. 37.

4. Contact details: tel.: +359884721701, Website: https://www.sportclub.bg/bg, electronic contact form available on the said website, address: Sofia, postal code 1799, Mladost district, Mladost 2 residential area, bl. 235, entrance 1, floor 10, apt. 37.

5. Supervisory authorities:

Commission for Personal Data Protection: address: Sofia, 2 Prof. Tsvetan Lazarov Str., Tel.: 02/91-53-525, Email: kzld@cpdp.bg, Website: www.cpdp.bg

Commission for Consumer Protection: address: Sofia, 4A Slaveykov Sq., floors 3, 4 and 6, Tel.: 02/933 0565, Hotline: 0700 111 22, Website: www.kzp.bg

II. GENERAL PROVISIONS AND DEFINITIONS

Art. 2. (1) The Platform provides the ability to:

– manage sports clubs;

– register athletes, coaches and members;

– organise training sessions, events and competitions;

– manage schedules;

– process payments and fees;

– internal communication;

– storage and processing of sports and administrative information.

(2) By using the Platform, the User accepts these General Terms and Conditions and undertakes to comply with them.

Art. 3. Definitions for the purposes of these General Terms and Conditions:

“Platform” – website and/or mobile application for managing sports clubs;

“User” – any natural or legal person using the Platform;

“Club” – a sports club, organisation or school registered on the Platform;

“Administrator” – a person with rights to manage a club profile;

“Content” – all data, texts, photos, documents and information uploaded to the Platform.

III. SUBJECT MATTER

Art. 4. (1) The Provider grants the User the right to use the software platform through which the User may create a user profile containing: User’s data, data on sports club members: number, list of members, type of (sports) services provided, membership fee amount, data on paid and unpaid obligations of each member, as well as the ability to make electronic payments.

(2) The Provider grants the User, through the Platform’s functionalities, the ability to create and maintain websites (“Website”), including providing hosting, personalised email, SSL certificates and ongoing maintenance, according to the subscription plan chosen by the User.

(3) For the granted right to use the software platform, the User pays the Provider a fee, payable in the amount and within the deadlines set in the subscription plan chosen by the User, pursuant to a Service Agreement.

IV. SERVICE CHARACTERISTICS

Art. 5. Through the Platform’s functionalities, the Provider offers the User the following scope of services, hereinafter referred to as the “Service”:

(1) The ability to create a personal user profile containing User data, data on members: number, list, type of (sports) services/activities used, membership fee amount, data on paid and unpaid obligations, and the ability to make electronic payments.

(2) The ability to create and maintain a Website with ready templates and additional customisation tools, as well as providing space on the Provider’s servers where the User has the right to publish and share information with third parties over the Internet.

(3) Providing access to an administrative panel for publishing, processing and managing information on the User’s profile, Websites and sharing of the provided space.

(4) Providing the ability to use email.

(5) Providing hosting services for the Website’s operation.

(6) Providing server space for storing Website-related information.

(7) Providing technical support in relation to the services set out in the preceding paragraphs.

(8) The services are provided in scope and duration according to the subscription plan chosen by the User.

(9) The owner of the account is considered to be the natural or legal person in whose name the registration was made and who provided data on legal or contractual representation.

V. RIGHTS AND OBLIGATIONS OF THE PARTIES WHEN USING THE SERVICE

Art. 6. The Provider grants the User access to an administrative panel for remote use of the Service:

(1) The User has the right to manage the Service only through the administrative panel provided by the Provider.

(2) The User has the right to remote access only to the space allocated to them on the Provider’s server and to the Website(s) created by or for them.

(3) The User has the right to share information by recording it in the space provided by the Provider on a server connected to the Internet.

(5) The User has the right to record information using specialised software, only insofar as this does not disrupt the functioning and security of the server.

(6) The User may use the email service within the parameters of their chosen subscription plan.

(7) The User has the right to use the Service in compliance with good faith principles.

(8) When using the Service, the User undertakes not to use software, scripts, programming languages or other technologies that could cause difficulties in its use by other Users.

(9) The User undertakes to use technologies and build each of their Websites in a manner that complies with modern security, functionality and efficiency requirements.

(10) The User undertakes to create and use their Website(s) in a manner that does not create server load or exceed the normal and customary consumption of the Service in practice.

(11) The User undertakes to ensure, at their own expense, the equipment for accessing and managing the Service.

(11) The User undertakes to provide the assistance necessary for the Provider to provide the Service.

Art. 7. The User undertakes not to use the Service for:

(1) Creating, storing, publishing, distributing or otherwise providing data, messages, text, computer files or other materials that violate Bulgarian law, European law, these terms, good morals and customary business practice.

(2) Publishing, distributing or providing software or other computer files containing viruses or other harmful programs or their components.

(3) Publishing or transferring pornographic and illegal material.

(4) Publishing data, messages, text, computer files or other materials containing threats to human life and bodily integrity, promoting discrimination, preaching fascist, racist or similar ideology.

(5) Undertaking and carrying out attacks and malicious actions against any other computer system connected to the Internet and actions directed against cybersecurity.

(6) Violating the right to personal data protection of third parties or processing personal data of third parties without their consent.

Art. 8. The User agrees not to use the Service for sending unsolicited mail – “SPAM”, unsolicited commercial messages, illegal advertising, promotional materials through the Service’s functionalities. Violation of this requirement is grounds for temporary suspension of the Service, of which the Provider notifies the User. In case of a repeated violation, the Provider has the right to unilaterally terminate the Service without notice.

Art. 9. When providing the Service, the Provider ensures and has the right to:

(1) carry out maintenance, repair faults and other related activities, which may lead to temporary restriction or suspension of the service.

(2) provide technical support to Users, according to the subscription plan chosen by the User.

(3) ensure server connectivity to the Internet and technical equipment integrity within the chosen subscription plan.

(4) prohibit the use and launch of specific software, scripts or other materials at its autonomous discretion in view of a potential security risk.

(5) make changes at any time to the Platform’s functionality without notifying the User.

(6) terminate or temporarily suspend the Service for Users whose websites cause overloads or disrupt normal operation.

(7) terminate or temporarily suspend the Service when there is a risk of violation of system security.

(8) remove content that violates the law or these General Terms and Conditions.

VI. PRICES AND PAYMENT CONDITIONS

Art. 10. (1) The User pays the Provider a fee for the Service in an amount determined by the subscription plan chosen by the User.

(2) The Provider issues a pro forma invoice for the upcoming payment and after payment is made, the User is issued an invoice in electronic form according to the data in their user profile.

(3) Payment is a condition for the initial launch of the Service. If the User fails to make a due payment, the Service is suspended.

(4) The User has the right within 30 calendar days from the initial launch of the service to withdraw from use, and in case of prepayment, the proportional part of the sum is refunded.

(5) If the User does not expressly agree to terminate the subscription within 30 days before the expiry date, it is extended for a new 12-month period.

(6) The Provider has the right to change the prices for use of the Service at any time with 30 days’ prior written notice.

VII. SERVICE PROVISION

Art. 11. (1) The User undertakes to create a personal profile by registering on the Provider’s Platform and to enter current and accurate data. The User is responsible for maintaining the confidentiality of their password and all actions carried out through their profile.

(2) The password for remote access to the personal profile is determined by the User through online registration.

(3) After completing the registration data and clicking the order button, the User declares that they are acquainted with these general terms and unconditionally undertake to comply with them, and contractual relations arise between the Provider and the User.

(3) The Provider is not liable for incorrectly or falsely filled-in data, nor for the content of the User’s site created through the Platform’s functionalities.

(4) Where licenses or permits are required, the User is responsible for obtaining them.

(5) In the event of an order by a state authority to restrict access to the site, the User declares that they will not make any claims against the Provider.

VIII. GENERAL TERMS OF THE WEBSITE

Art. 12. In order to ensure quick and easy launch of websites created through the service, the Provider has integrated a sample template of general terms for their use by visitors, and the User is informed of and undertakes to adapt this template for their needs and specific activities. If these terms do not correspond to the User’s actual activities, the responsibility is entirely theirs, including for their ongoing update and adaptation.

IX. PROHIBITION ON PROVIDING SERVICES TO SANCTIONED PARTIES

Art. 13. (1) The services described in these General Terms and Conditions may be subject to export control/restrictions by the European Union and/or the European Free Trade Association (EFTA). By accepting these terms, the User declares and warrants that no content or information obtained through use of the services will be used for any harmful or illegal purposes.

(2) If the User or their end clients use or access the services in violation of the applicable rules, the User shall bear sole and exclusive responsibility for this.

Art. 14. In case of non-compliance with the obligation under the preceding article, the Provider has the right to terminate the Service immediately.

X. OBLIGATIONS UNDER REGULATION (EU) No 2022/2065 – DIGITAL SERVICES ACT

Art. 15. (1) Users are responsible for the content they upload, share or otherwise make accessible. Any content that violates the DSA, other applicable legislation or these General Terms and Conditions may be removed.

(2) The Provider cooperates pursuant to the DSA, and the single point of contact will be accessible at the following email address: DPO@legaladvisor.bg

(3) Any third party may send a report to the abuse email address. If the report contains the legal requisites pursuant to the DSA, it is reviewed without delay and a reasoned decision is sent to the complainant. This procedure does not prevent the complainant from notifying public authorities.

XI. PERSONAL DATA PROTECTION

Art. 16. (1) The Provider applies personal data protection measures for Users in accordance with Regulation (EU) 2016/679 (GDPR) and the Personal Data Protection Act. The Provider processes Users’ personal data on the basis of Art. 6(1)(b) of the GDPR.

(2) The Provider has published information on personal data processing at https://www.sportclub.bg/bg/privacy, which is an integral part of these General Terms and Conditions.

(3) When providing the service, the Provider acts solely on the instruction of the User. The Provider has no control over the content and data that the User chooses. The Provider’s liability is limited to 1) compliance with the User’s instructions as described in the service agreement and 2) providing information on the service and functionalities through its interface.

(4) The User is obliged independently to ensure compliance with personal data protection requirements in their activities.

(5) The Provider processes the User’s personal data for direct marketing purposes only with their explicit consent, which they may withdraw in writing at any time.

(6) The User agrees that the Provider may send them emails and electronic messages regarding the provision of the service.

XII. LIABILITY

Art. 17. (1) The Provider is not liable for the User’s activities when using the software platform, nor for intellectual property violations committed by the User. The Provider is not liable for content published by the user.

(2) If a complaint is received from a third party, the Provider has the right to temporarily restrict the provision of the service or access to the User’s information.

(3) The User is responsible for all actions and any violations of applicable law, regardless of whether such actions and violations were committed by the User or a third party to whom the User has entrusted management of the service.

Art. 18. The User undertakes to indemnify and hold harmless the Provider if claims and/or other claims by third parties are brought against them, including: failure to fulfil any of the User’s obligations; infringement of copyright or other intellectual or industrial property rights of third parties; unlawful transfer of rights granted to the User; violation of applicable consumer protection requirements; or carrying out commercial activities in violation of applicable law.

Art. 19. (1) The Provider is released from liability in the event of inability to provide server connectivity or functioning of technical equipment due to force majeure, random events, Internet problems, technical or other objective causes, including orders from competent state authorities.

(2) The Provider is not liable for property or non-property damages and/or lost profits caused by the User to third parties in the course of using the service.

(3) The Provider is not liable in cases where, due to the User’s fault, the User’s site cannot be used by third parties.

(4) Regardless of the above, the Provider’s liability may not exceed the amount of one monthly subscription.

Art. 20. (1) The Provider’s liability is also excluded in the following additional scenarios: circumventing the security measures of the User’s technical equipment; unauthorised access as a result of false identification of a third party due to the User’s incompetence.

(2) Liability is also excluded when the damages incurred are the result of wilful or negligent conduct on the part of the User, as well as for damages arising from viruses or other disabling devices when the damage is the result of inadequate system protection on the part of the User.

(3) The Provider cannot be held liable for damages arising from objective causes beyond its control such as normal market unpredictability, price drops, inflation or changes in business attitudes.

(4) The Provider’s liability to the User is limited to no more than 60% of the remuneration due and paid for use of the service.

Art. 21. If the User grants access to use and manage their Website to third parties, they are responsible for the actions of those persons as their own.

Art. 22. (1) In case of early termination by the User of the contractual relations with the Provider, the User owes the Provider a penalty equal to the remuneration due for the remaining period of the Agreement.

(2) If the contractual relations are terminated unilaterally by the Provider due to the User’s culpable non-performance, the rule of the preceding paragraph applies.

Art. 23. The parties expressly declare, and the User expressly agrees, that the Provider cannot be liable to users and visitors of the User’s website or their profile, nor to other traders.

Art. 24. In the event of a dispute with third parties or an imposed sanction attributable to the User’s conduct, the User undertakes to compensate the Provider for all property penalties, compensation and other costs paid by it.

XIII. TERMINATION

Art. 25. (1) The contractual relations between the User and the Provider are terminated in the following cases:

– Upon expiry of the Agreement term;

– By mutual agreement of the parties, in writing;

– In the event of non-payment of the price by the User.

(2) Either party has the right to terminate the contractual relations at any time by sending one month’s written notice to the other party, including to the email address provided. If the notice is sent by the User, the termination takes effect after the expiry of the prepaid period.

(3) The Provider has the right to immediately terminate the contractual relations with the User if the latter violates applicable law, abuses rights or violates the contractual terms, without owing compensation.

XIV. AMENDMENT AND ACCESS TO THE GENERAL TERMS AND CONDITIONS

Art. 26. (1) These general terms and conditions may be amended by the Provider and such amendments shall take effect after all registered Users of the Platform are notified in an appropriate manner. If a User does not agree with the amended terms, they have the right to object within 14 days of notification.

(2) The User expressly declares their agreement that all statements by the Provider in connection with the amendment of these general terms will be sent to the email address provided by them in their user profile.

(3) These general terms and conditions are published on the Provider’s official website, by which all users of the Platform are deemed to have been duly notified of their content.

XV. INTELLECTUAL PROPERTY RIGHTS

Art. 27. (1) All content on the Platform, including all published texts, images, photos, video materials, articles, interface elements, program code and marks are the property of the Provider, who prohibits their use in any form without express prior written consent. All content introduced by the User into their personalised site is their property, insofar as it does not infringe the rights of third parties, for which the User alone is entirely and fully responsible.

(2) The User has no right to access or use the Platform’s program code and has no right to copy or modify it in any way whatsoever.

(3) Unless otherwise agreed, the User has no right to remove or hide information about the Provider’s intellectual property rights in the Website created through the Platform.

(4) In case of violation of the Provider’s rights, the latter has the right to temporarily or permanently terminate the provision of the service.

(5) If the User uses materials protected by third-party rights, they accept and declare that they are entirely and fully responsible for this and that no claims by such third parties may be directed against the Provider.

XVI. OTHER CONDITIONS AND FINAL PROVISIONS

Art. 28. (1) The User and the Provider undertake not to mutually violate each other’s rights and legitimate interests.

(2) The obligation to maintain confidential information must be observed during the provision of the service and for a minimum of 2 years after the termination of the service provision.

Art. 29. These general terms and conditions apply insofar as no other arrangement has been made in individual agreements.

Art. 30. Any invalidity of any provision of these general terms and conditions does not result in the full invalidity of the document, insofar as it can produce legal effect and consequences without the invalid clauses.

Art. 31. (1) All disputes arising from the application, performance, interpretation and termination of these general terms and conditions will be resolved in a spirit of goodwill and through negotiations, and if no agreement is reached, the dispute shall be referred for resolution before the competent Bulgarian court.

(2) For unresolved issues related to the performance and interpretation of these General Terms and Conditions, the laws of the Republic of Bulgaria shall apply.

Art. 32. These general terms and conditions enter into force for all Users of the services from 02.2026. The Provider has the right to amend these General Terms and Conditions.

Art. 33. For questions and reports, users may contact the Provider through the contacts published on the Platform or at the email address: sales@sportclub.bg