These general terms and conditions apply to the relationship between "SPORTEN SOFTWARE" Ltd., UIC/PIC 207779428, hereinafter referred to as the "PROVIDER", and the users, hereinafter referred to as the "USERS", of the web service for managing the activities of sports clubs, "Sport Club", hereinafter referred to as the Service.

I. PROVIDER INFORMATION AND SUPERVISORY AUTHORITIES

Identification of the Provider:

1. Name of the Provider: "SPORTEN SOFTWARE" Ltd.

2. Registered office and management address: Vidin, postal code 3700, Vuzrazhdane residential complex, block 2, entrance A, floor 2, apartment 5

3. Business activity address and address for consumer complaints: Vidin, postal code 3700, Vuzrazhdane residential complex, block 2, entrance A, floor 2, apartment 5

4. Correspondence details: Vidin, postal code 3700, Vuzrazhdane residential complex, block 2, entrance A, floor 2, apartment 5, email: info@sportclub.bg, website: www.sportclub.bg.

5. Registration in public registers: UIC/PIC 207779428.

Supervisory authorities:

Commission for Personal Data Protection – Sofia, Prof. Tsvetan Lazarov Blvd. No. 2; Tel.: +359 2 91 53 518; Email: kzld@cpdp.bg; Website: www.cpdp.bg

Consumer Protection Commission – Sofia, Slaveykov Square No. 4A, floors 3, 4, and 6; Tel.: +359 2 980 25 24; Fax: +359 2 988 42 18; Hotline: 0700 111 22; Website: www.kzp.bg

II. SUBJECT

Article 1. (1) The Provider grants the User access to the "Sport Club" software platform for managing the activities of sports clubs, with functionalities according to the selected subscription plan.

(2) For the granted right to use the software platform for sports club management, the User shall pay the Provider a fee, payable in the amount and terms specified in the selected subscription plan.

IV.         RIGHTS AND OBLIGATIONS OF THE PARTIES IN USING THE SERVICE

Art. 3. (1) The Provider grants the User access to an administrative panel for remote use of the Service, and the User must use it while adhering to the following rules and principles of use:

(2) The User is entitled to manage the Service solely through the administrative panel provided by the Provider.

(3) The User is entitled to remote access only to the space allocated for them on the Provider's server.

(4) The User is entitled to use the Service in good faith and according to its intended purpose.

(5) The User shall independently provide the equipment necessary for accessing and managing the Service.

(6) The User shall provide all assistance necessary for the Provider to deliver the Service and fulfill its rights and obligations.

Art. 4. The User agrees to NOT use the Service for:

1.     Publishing, distributing, or providing in any form data, messages, text, computer files, or other materials that contradict the legislation or good morals and violate the rights of third parties, such as:

·      Copyright or related rights, trademarks, or other intellectual property rights, ownership rights, as well as any other property or non-property rights or legitimate interests of third parties;

·      Commercial, official, or personal secrets or other confidential information;

2. Publishing, distributing, or providing computer files containing viruses or other risky programs or their components.

3. Publishing pornographic and illegal materials.

4. Publishing data, messages, text, or other materials containing threats to life and physical integrity, propagating discrimination, promoting fascist, racist, or other undemocratic ideology, whose content violates human rights or freedoms under the Constitution and laws of the Republic of Bulgaria or international acts.

Art. 5. In providing the Service, the Provider:

1. Has the right to temporarily limit or suspend the Service when necessary to improve the quality of the Service, carry out maintenance, troubleshoot issues, or perform related activities. In such cases, the Provider is obliged to promptly restore the Service after the circumstances causing the suspension have been resolved.

2. May terminate or temporarily suspend the Service if it determines that there is or exists a risk of a breach of system security, the rights and interests of the Provider, or third parties, in case of violation of the General Terms or the law. In this case, the Provider is not responsible for loss of User data or other damages.

3. Provides technical support to Users of the Service according to the selected subscription plan. Technical support includes recovery from technical malfunctions of the software but not malfunctions due to improper use of it. The response time to a technical malfunction notification is up to 72 hours within the established working hours.

4. Reserves the right to display advertisements in the Service. Advertisements may belong to the Provider or third parties.

V.         PRICES AND PAYMENT TERMS

Art. 6. (1) The User shall pay the Provider a fee for the Service provided, in the amount determined based on the plan chosen by the User.

(2) The User owes the fee under paragraph 1 before each subscription period. In case of non-payment, the Provider shall suspend the provision of the service according to the deadlines and conditions defined depending on the plan chosen by the User.

(3) The Provider issues an invoice for the payment made to the User in electronic form, and only upon request from the User – on paper. The data required for issuing the invoice is provided by the User immediately after the expiration of the trial period.

(4) The User makes the payment by bank transfer to the bank account specified in the invoice or uses other specified payment methods on the Provider's website.

(5) In case of non-payment for the respective subscription plan, the Provider has the right to completely or partially suspend the use of the platform, including canceling the Website created by the User, without prior notice. In this case, the Provider is not responsible for the loss of data or other information, damage to business reputation, or any incurred damages or missed benefits.

(6) Information about the different subscription plans is available at: https://sportclub.bg/prices

VI.         PROVISION OF THE SERVICE

Art. 7. (1) For the purpose of using the Service, the User must create a personal profile on the Provider's website.

(2) The password for remote access is provided to the User through an online registration, according to the specified procedure. Confirmation of the registration as well as information for accessing the User's profile is provided upon payment of the full subscription price according to the plan chosen by them.

(3) By filling in their data and pressing the order button or agreeing to the general terms, the User declares that they are familiar with these terms, agree with their content, and undertake to comply with them unconditionally, and thus, binding contractual relations are established between the Provider and the User.

(4) When registering, the User undertakes to provide accurate and up-to-date information. The User is required to promptly update the information provided in their registration in case of changes. The Provider is not responsible for the information, texts, images, and materials published by the User.

Art. 9. (1) Upon registration, the User must specify:

·      Name of the sports club;

·      Address of the sports club;

·      Phone and email for contact.

(2) At their discretion, they may provide information about the club's color and logo, as well as a link to the club's profile in a chosen social network.

 (3) To activate the profile, confirmation from the Provider is required, which provides the User with access information to the profile.

 (4) Paragraphs 1 to 3 apply also when applying to use the service within the provided free trial period (for the "Club Website" plan – 1 month, for the others – 3 months).

(5) The information created and stored through the Service is deleted if the User does not switch to subscription use of the service.

(6) Upon an order from a state authority or an organization entrusted with supervisory or public functions to suspend or limit access to the site or provide its content to state authorities, the User has no claims for damages or lost benefits against the Provider.

VII.         PROTECTION OF PERSONAL DATA

Art. 10. (1) The Provider takes measures to protect the User's personal data in accordance with Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (GDPR), as well as the Bulgarian Personal Data Protection Act. The Provider processes the personal data of Users, who are natural persons, based on Article 6, Paragraph 1, Letter “b” of GDPR – processing is necessary for the performance of a contract to which the data subject is a party. When the User is a legal entity, the data of individuals using the Service is processed based on the legitimate interests of the controller.

(2) The Provider has published information regarding the personal data it processes, the purposes for which it is processed, and all required information at the address https://sportclub.bg/terms, which forms an integral part of the General Terms and Conditions, and with which the User declares, by accepting these general terms, to be familiar.

(3) In providing the Service, the Provider acts solely under the instructions of the User of the Service. The terms for processing data as a processor are described in the Data Processing Agreement between the controller and the processor, which forms an integral part of these General Terms and Conditions.

(4) By accepting these terms, the User agrees that the activities of processing personal data may be carried out by the Provider's subcontractor – "SuperHosting.BG" Ltd., Sofia, Iztochna District, Dr. G. M. Dimitrov Blvd. №36, UIC 131449987, which provides server space for hosting the platform and all websites created by the users.

(5) The User of the service is obliged to independently ensure compliance with the personal data protection requirements in their activities and declares that they have taken such actions.

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

VIII.         LIABILITY

Art. 11. (1) The Provider shall not be held liable for the User’s activities in using the software platform for building a website.

(2) In case of a complaint by a third party about the use of the platform for managing the activities of sports clubs "SportClub" in violation of legal provisions, moral rules, or these general terms and conditions, the parties agree that the Provider has the right to temporarily suspend the provision of the Service or access to the User's information while verifying the claim of violation.

(3) The User is responsible for all actions and potential violations of applicable legislation, regardless of whether these actions and violations were committed by the User or a third party to whom the User has granted management of the website created through the Service.

Art. 12. The User agrees to indemnify and hold the Provider harmless against legal claims and other third-party demands (whether justified or not) for all damages and expenses (including attorney fees and court costs) arising from or in connection with:

·      Failure to fulfill any obligations under this contract;

·      Violation of copyrights or other intellectual or industrial property rights;

·      Unlawful transfer to others of the rights granted to the User for the term and under the conditions of the contract;

·      Conducting commercial activities in violation of applicable legislation.

Art. 13. The Provider shall not be held liable for any inability to provide connectivity or functionality of technical equipment for a specific period due to force majeure, accidental events, internet issues, technical or other objective reasons, including orders of competent state authorities.

Art. 14. (1) The Provider is not liable for damages caused by the User to third parties.

(2) The Provider is not liable for the inability of visitors to access and use the User’s website, resulting from how the User administers and manages the website, or due to technical reasons beyond the Provider’s control.

(3) In all cases, the Provider’s liability shall not exceed the value of a three-month subscription, according to the subscription plan chosen by the User.

Art. 15. The Provider shall not be held liable in cases of access to information, loss, or alteration of data or platform parameters resulting from the false impersonation of third parties claiming to be the User, if circumstances suggest that the third party is the User.

Art. 16. When the User grants access to their profile for use and management by third parties, they are responsible for the actions of those parties as their own.

Art. 17. (1) If the User prematurely terminates the contract concluded under these General Terms and Conditions, they owe the Provider a penalty equal to the remuneration due for the remaining period of the contract.

(2) If the Provider has received the full amount for the term of the contract, the remuneration paid by the User shall be considered compensation for the Provider for early termination of the contract.

(3) If the contract concluded under these General Terms and Conditions is unilaterally terminated by the Provider due to culpable non-performance of obligations by the User, the latter owes the Provider a penalty equal to the remuneration due for the remaining period of the contract.

(4) In case of culpable non-performance of the User's obligations for the provision of the Service, the Provider is entitled to a penalty equal to the remuneration due for the remaining period of the contract.

IX.         TERMINATION

Art. 18. This contract shall terminate in the following cases:

1. Upon the expiration of the term for which it was concluded;

2. By mutual agreement of the parties in writing;

3. In case of non-payment of the price by the User, according to the selected subscription plan.

      X.         AMENDMENTS AND ADDITIONS TO THE GENERAL TERMS

Art. 19. (1) These general terms may be amended by the Provider, who shall notify all Users in an appropriate manner.

(2) The Provider and the User agree that any additions and amendments to these general terms will take effect for the User after notification, and if the User does not notify otherwise within the provided 14-day period, it will be assumed that the amendments are accepted.

(3) The User agrees that all statements of the Provider related to the changes in these general terms will be sent to the e-mail address provided by the User during the registration for the Service. The User agrees that electronic messages sent under this article do not need to be signed with a qualified electronic signature to have effect.

(4) The Provider publishes these general terms on their website, along with all amendments and additions, and the Users are considered duly notified from the date of publication of the amendments.

                  XI.         INTELLECTUAL PROPERTY RIGHTS

Art. 20. (1) The entire content of the platform is the exclusive property of the Provider, and its use in any form without the explicit prior written consent of the Provider is prohibited.

(2) When creating a Website through the Service, the User does not acquire ownership rights over the intellectual property objects of the Provider. The Provider does not acquire ownership rights over the intellectual property objects of the User, which they use and publish on the Website.

(3) The User has the right to use the intellectual property objects related to the created website through the Service under the terms of the current general terms for the duration of the paid subscription plan. After the termination of this contract or suspension of the payment for the subscription plan, all rights to use the intellectual property of the Provider related to the created website are terminated.

 (4) The User does not have the right to alter or hide information about the intellectual property rights of the Provider in the created website.

(5) In case of an established violation or suspicion of a violation of the intellectual property rights of the Provider, the latter has the right to temporarily or permanently suspend the use of the Service. In this case, the Provider is not responsible for any damages or loss of information of the User.

(6) In case of a violation of the intellectual property rights of the Provider, the latter has the right to full compensation for the damages caused by the User.

XII.         OTHER TERMS

Art. 21. The User and the Provider undertake not to make public any written or verbal correspondence exchanged between them during or after the contract period. Public disclosure may include publishing correspondence in print and electronic media, Internet forums, personal or public websites, etc.

Art. 22. In case of a conflict between these general terms and provisions in a specific contract between the Provider and the User, the clauses of the specific contract shall prevail.

Art. 23. The possible invalidity of any provision of these general terms shall not lead to the invalidity of the entire contract.

Art. 24. (1) All disputes arising from or related to these general terms, if they cannot be resolved amicably between the Provider and the User through negotiations, shall be submitted to the competent court in Sofia, with Bulgarian law applying.

(2) For matters not regulated in this contract, related to the execution and interpretation of these General Terms, the laws of the Republic of Bulgaria shall apply.