General terms and conditions

1. Who we are and what this covers

Loyal2Sports is a Dutch company, registered with the Chamber of Commerce under number 84872624. We supply club software as a service: an environment you use over the internet, without installing or maintaining anything yourself.

These terms apply to every quotation, agreement and delivery between us and an association, foundation, school or other organisation that uses the platform. In this text we call that party "the club".

If we depart from these terms, that departure applies only if we have confirmed it in writing, and only for the case it was made for. We expressly reject purchasing or other terms of the club, even if its own documents refer to them.

2. What you get from us

You get the right to use the platform for as long as the agreement runs: your own environment, the modules you take, updates and improvements we release, and support by email.

We supply software as a service. So you do not buy software and you do not get source code. The right of use is non-exclusive and cannot be transferred to another organisation without our written consent.

We keep developing the platform. Functions may change, be added or disappear. If a function you demonstrably use disappears, we announce it in advance and think along about an alternative.

Work outside the platform, such as custom development, migrations from an old system, or setting up an environment at your request, is agreed and invoiced separately.

3. What we expect from you

The club is responsible for what it puts into the platform and for what it does with it. It ensures that it is allowed to process its members' data, and that it informs its members about this.

Login details are personal. The club ensures its administrators handle them carefully, switches on two-step verification where we offer it, and notifies us immediately if it suspects that someone has unauthorised access.

The platform may not be used for anything contrary to the law, for sending unsolicited advertising to people who did not consent to it, or in a way that harms how it works for other clubs.

If the club publishes through a connected channel, for example on its Facebook page or Instagram, it is and remains responsible for those posts and for the rights to the imagery in them.

4. Availability, maintenance and outages

We do our utmost to keep the platform available and make every effort to resolve outages as quickly as possible. We do not guarantee uninterrupted availability and give no availability percentage, unless that has been agreed with you separately and in writing.

Maintenance that interrupts the service is carried out outside office hours as much as possible. For urgent maintenance, for instance to close a security hole, we may act immediately and report it afterwards.

We make daily back-ups and keep them for fourteen days. A back-up exists to recover from an outage, not as the club's archive.

5. Services of others

For some parts the platform relies on services of others: the hosting, the payment provider, and the social networks a club can publish on. Those parties set their own rules, rates and technical possibilities.

If such a party changes its terms, its technology or its policy, or refuses or blocks a connection, we cannot stand surety for that and we are not liable for it. We do what may reasonably be expected of us to solve it or to find an alternative.

In addition to these terms, the terms of that party may apply to the use of such a service. We point this out to you when you connect.

6. Prices and payment

Prices are on our website or in the quotation and exclude VAT. We invoice in advance, per year or per month, as agreed.

The payment term is fourteen days. If you do not pay on time, we first send a reminder. If payment still fails to arrive, we may suspend access to the environment after announcing this at least seven days beforehand. The data remain in place during that period.

We may adjust prices annually on 1 January in line with the Dutch CBS consumer price index. If we raise them by more than that, we announce it at least two months in advance and the club may terminate the agreement as of the effective date.

If third parties pay through the platform, for example sponsors or on an order, that money goes via the payment provider directly to the club. We are not a party to that payment.

7. Term and cancellation

The agreement starts on the day the environment is delivered and runs for the agreed period. After that it is tacitly renewed by the same period each time, unless one of us cancels at the latest one month before the end.

Cancellation can be done by email. We confirm every cancellation; if you have no confirmation, do not assume the cancellation arrived.

Afterwards the environment remains accessible for thirty days so the club can export its data. After that we delete the environment and the associated back-ups within ninety days. If you want an export in a particular format, request it within those thirty days.

We may terminate the agreement with immediate effect if the club becomes bankrupt, or if despite a written warning it continues to use the platform contrary to article 3.

8. The club's data

All data the club puts into the platform remain its own. We use them solely to deliver the service and never for our own purposes, and we do not sell or share them.

For those data the club is the data controller and we are the processor within the meaning of the General Data Protection Regulation. The data processing agreement we use for this forms an inseparable part of this agreement and is published on our website.

We do not look into a club's data, except when it asks us for help or when we have to resolve a malfunction. That is done by a person, it is logged, and it never happens unasked.

We may use anonymised and aggregated data about the use of the platform to improve it. No person or individual club can ever be traced from those.

9. What remains ours

The platform, the source code, the design, the texts and the brand name Loyal2Sports are and remain ours. Nothing in these terms transfers any of that.

If you make a suggestion or report an improvement, we may use it freely in the platform, without payment and without any right arising for you. That is not ingratitude but necessity: the same improvement often comes from several clubs.

With your consent we may mention the club's name and logo as a reference. If you withdraw that consent, we remove it at the next update of the site.

10. Liability

We are liable only for direct damage resulting from an attributable failure on our part, and only after you have given us written notice of default and we have been given a reasonable period to put it right after all.

Our liability is limited, per event and per year, to the amount the club paid us in the twelve months before the damage, with a maximum of ten thousand euros. A series of connected events counts as one event.

We are not liable for indirect damage. This includes in any case lost profit, missed income from sponsorship or membership fees, reputational damage, and damage from loss of data insofar as a timely export of your own could have prevented it.

These limitations do not apply in the case of intent or deliberate recklessness of our management, nor insofar as the law does not permit them.

A claim lapses if you have not reported it to us in writing within twelve months after you discovered the damage or could have discovered it.

11. Indemnity

If we receive a claim from a member, a parent, a sponsor or another third party about data or content the club put into the platform or published with it, the club indemnifies us and reimburses the costs we reasonably have to incur.

This does not apply insofar as the claim results from a mistake of ours.

12. Force majeure

If we cannot meet our obligations because of something beyond our control, we are not liable for that and we may suspend delivery. This includes in any case outages at our hosting or at a payment provider, failure of internet or power, cyberattacks, government measures, and the change or withdrawal of a connection by a social network.

If the force majeure lasts longer than sixty days, either of us may terminate the agreement without compensation. What has been paid in advance and not delivered, we refund.

13. Confidentiality

We keep confidential what we learn about your organisation, and you keep confidential what you learn about our system, insofar as it is not public. This obligation continues after the agreement ends.

14. Changes to these terms

We may change these terms. We announce a change at least thirty days in advance by email to the club's contact person.

If the change is to your disadvantage and you do not agree with it, you may terminate the agreement as of the date the change takes effect. What has been paid in advance for the period after that, we refund.

15. Governing law and disputes

These terms and everything agreed between us are governed by Dutch law.

If we cannot work it out together, we put the dispute to the competent court in the district where we are established. But call us first. Almost everything can be solved with a conversation, and that is cheaper for both of us.