Terms of Service

Introduction

Welcome to Kairon. These Terms of Service ("Terms") govern your access to and use of Kairon's platform, software, services, and website (collectively, the "Service"). By accessing or using the Service, you agree to be bound by these Terms.

If you are using the Service on behalf of an organization, you are agreeing to these Terms for that organization and representing that you have the authority to bind that organization to these Terms.

Acceptance of Terms

By creating an account, accessing, or using any part of the Service, you confirm that:

• You have read, understood, and agree to be bound by these Terms.
• You are at least 18 years old or have parental/guardian consent.
• You have the legal capacity to enter into a binding agreement.
• You will comply with all applicable laws and regulations.

If you do not agree to these Terms, you must not access or use the Service.

Description of Service

Kairon provides an AI-powered sports club management platform designed to automate administrative workflows, manage teams, players, payments, communications, and provide data-driven insights for sports organizations.

The Service includes but is not limited to:

• Club and team management tools
• Player database and attendance tracking
• Payment processing and invoicing systems
• Automated communication workflows
• AI-powered analytics and reporting
• Integration with third-party services

We reserve the right to modify, suspend, or discontinue any part of the Service at any time, with or without notice.

Account Responsibilities

Account Creation

To use certain features of the Service, you must create an account. You agree to:

• Provide accurate, current, and complete information during registration.
• Maintain and promptly update your account information.
• Keep your password secure and confidential.
• Notify us immediately of any unauthorized access or security breach.

Account Use

You are responsible for all activities that occur under your account. You agree not to:

• Share your account credentials with others.
• Use the Service for any illegal or unauthorized purpose.
• Violate any laws, regulations, or third-party rights.
• Interfere with or disrupt the Service or servers.
• Attempt to gain unauthorized access to any part of the Service.
• Use automated means to access the Service without permission.

Fees, Billing, and Contract Duration

1. Subscription Term & Renewal

The Service is provided on an annual commitment basis (the "Initial Term" of 12 months), billed monthly. By subscribing, you agree to complete the full 12-month period. At the end of the Initial Term, your subscription will automatically renew for successive periods of the same duration, unless either party provides written notice of non-renewal at least 30 days before the end of the current term.

2. Setup & Engineering Fees

The "Setup Fee" or "Onboarding Fee" covers the initial data migration, engineering configuration, and AI calibration performed by Kairon. This fee is one-time, non-refundable, and deemed fully earned upon the commencement of the provisioning process.

3. Payment Terms

Subscription fees are billed in advance on a recurring monthly basis. Failure to pay a monthly invoice within 7 days of the due date may result in the temporary suspension of the Service. If payment is not received within 30 days, Kairon reserves the right to accelerate the remaining balance of the annual contract, which shall become immediately due and payable.

4. Price Adjustments

Kairon reserves the right to adjust pricing at the time of renewal. Any price changes will be communicated at least 45 days prior to the renewal date.

Data Protection & Privacy

Your privacy is important to us. Our collection, use, and protection of your 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 information as described in our Privacy Policy. You represent that any data you provide is accurate and that you have the right to provide such data.

Import File Retention: Files uploaded during data migration (Excel, CSV) are retained for a maximum of 12 months after processing, after which they are automatically deleted. See our Privacy Policy for full details on data retention.

Club Data Ownership

You retain all rights, title, and interest in and to the data you upload, create, or manage through the Service ("Club Data"). Kairon does not claim ownership of your Club Data.

By using the Service, you grant Kairon a worldwide, non-exclusive, royalty-free license to use, store, process, and display your Club Data solely for the purpose of providing and improving the Service.

You are solely responsible for:

• The accuracy, legality, and reliability of your Club Data.
• Obtaining necessary consents for processing personal data of players, staff, and parents.
• Complying with applicable data protection laws (GDPR, CCPA, etc.).
• Maintaining backups of your Club Data.

Data Processing Agreement (DPA)

To the extent that Club Data includes Personal Data of EU residents, Kairon acts as the "Data Processor" and the Club acts as the "Data Controller" under the GDPR. We process data solely on your documented instructions and in accordance with our Privacy Policy.

Intellectual Property

Kairon's Rights

The Service, including its software, design, text, graphics, logos, and all intellectual property rights therein, is owned by Kairon or its licensors. You may not copy, modify, distribute, sell, or lease any part of the Service without our express written permission.

Trademarks

"Kairon" and our logos are trademarks of Kairon. You may not use our trademarks without our prior written consent.

Feedback

If you provide feedback, suggestions, or ideas about the Service, you grant Kairon a perpetual, irrevocable, worldwide, royalty-free license to use, modify, and incorporate such feedback without any obligation to you.

Limitations of Liability

To the maximum extent permitted by law, Kairon shall not be liable for:

• Any indirect, incidental, special, consequential, or punitive damages.
• Loss of profits, revenue, data, or business opportunities.
• Service interruptions, errors, or security breaches.
• Actions or inactions of third-party service providers.
• Unauthorized access to or alteration of your data.

Our total liability to you for all claims arising from or related to the Service shall not exceed the amount you paid us in the 12 months preceding the claim, or $100, whichever is greater.

Disclaimer of Warranties

The Service is provided "as is" and "as available" without warranties of any kind, whether express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, or non-infringement.

We do not guarantee that the Service will be uninterrupted, secure, or error-free, or that any defects will be corrected.

Cancellation and Early Termination

1. Cancellation Policy

You may cancel your renewal by notifying us at least 30 days prior to the end of your current contract term via the platform or by emailing info@kaironsports.com.

2. Early Termination

Because Kairon allocates dedicated server resources and provides high-touch onboarding, you acknowledge that you are purchasing the Service for the full Initial Term. If you choose to terminate your use of the Service before the end of the contract term, you remain liable for all remaining payments due for the rest of the term.

3. No Refunds

We do not provide refunds for partial months or unused services. The Setup Fee is strictly non-refundable under any circumstances once the onboarding process has initiated.

4. Termination by Kairon

We may suspend or terminate your access to the Service at any time, with or without cause or notice, including if:

• You violate these Terms or any applicable laws.
• Your use of the Service poses a security risk or harm to others.
• You fail to pay applicable fees.
• We are required to do so by law.

5. Effect of Termination

Upon termination, you will lose access to your account and Club Data. We may delete your data after a reasonable period unless we are required by law to retain it. We recommend exporting your data before termination.

Governing Law

These Terms shall be governed by and construed in accordance with the laws of Spain, without regard to its conflict of law provisions.

Any disputes arising from or relating to these Terms or the Service shall be resolved through binding arbitration in accordance with the rules of the applicable arbitration body, or in the courts of Spain if arbitration is not available or enforceable.

You agree to waive any right to a jury trial or to participate in a class action lawsuit.

Changes to Terms

We reserve the right to modify these Terms at any time. We will notify you of material changes by email or through the Service. Your continued use of the Service after such changes constitutes your acceptance of the new Terms.

If you do not agree to the modified Terms, you must stop using the Service and may terminate your account.

Contact Information

If you have any questions, concerns, or complaints about these Terms or the Service, please contact us:

Miscellaneous

Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and Kairon regarding the Service.

Severability

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

Waiver

Our failure to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision.

Assignment

You may not assign or transfer these Terms or your rights under them without our prior written consent. We may assign these Terms without restriction.