General terms of use of the Cluito service
Terms
Rules for using the service
These general terms of use (the “Terms”) form an integral part of the contractual relationship between the Operator and the User regarding provision of the Service. The Terms set out the rights and obligations of the parties when accessing and using the Service. By using the Service, the User confirms that they have read, understood and fully accepted the Terms. If the User does not agree with the Terms, they must not use the Service.
1. Definitions
For the purposes of these Terms: (a) “Operator” means the provider of the Cluito Service operated at cluito.app and related interfaces; (b) “User” means a natural or legal person who registers for, signs into or otherwise uses the Service, including a person acting on behalf of a club, sports facility or other organisation; (c) “Service” means the Cluito cloud platform provided as software as a service (SaaS), including all software, interfaces, documentation and updates; (d) “Agreement” means the contractual relationship between the Operator and the User arising from registration, an order, access confirmation or other provable acceptance of the Terms; (e) “User Content” means data and content submitted by the User into the Service.
2. Formation of the Agreement and acceptance of the Terms
The Agreement is concluded by electronic means. By registering, signing in, confirming acceptance of the Terms or otherwise using the Service in a provable manner, the User accepts the Terms in force on the date of such act. If the User acts on behalf of another person (in particular a club or organisation), they represent that they are duly authorised to conclude the Agreement and accept the Terms and that such person is bound by the Terms. The Operator may verify User data before activating access and may refuse to conclude the Agreement in justified cases.
3. Subject of the Service
The Service consists of remote access to the Cluito platform for managing sports clubs and related operations, including reservations, memberships, trainings, diary, invoicing and related functions. The scope of available features depends on the agreed plan, tenant settings and User permissions. The Service is hosted; the User acquires no right to install, copy or otherwise run the software locally. The Operator may continuously develop, update and technically modify the Service, provided this does not substantially degrade the agreed overall scope of the Service.
4. User account and security
The User must provide true, complete and up-to-date data at registration and throughout the Agreement. The User must protect login credentials and must not share them with unauthorised persons. All activity under the User’s account is deemed activity of the User until misuse is reported to the Operator. The Operator may limit, suspend or terminate an account for breach of the Terms, reasonable suspicion of a security risk, unauthorised use or other material breach of the Agreement.
5. Licence to use the Service
For the term of the Agreement and subject to these Terms, the Operator grants the User a non-exclusive, non-transferable, time-limited, worldwide licence to access and use the Service solely in accordance with its intended purpose and for the internal needs of the User or the club/organisation they manage. The licence does not transfer ownership, copyright or other intellectual property rights in the Service. The User may not sublicense, assign, rent, lend, sell or otherwise make the Service available to third parties beyond ordinary intended use (in particular authorised access by members, coaches or administrators within the given tenant). The User may not use the Service to provide their own competing SaaS platform to third parties.
6. Intellectual property, ban on reproduction and contractual penalty
6.1 All intellectual property rights in the Service, including copyright in the computer program, source and object code, architecture, database schemas, APIs, documentation, user interface, graphics, design, logos, texts, databases, know-how and all updates and derivatives, belong exclusively to the Operator or its licensors and are protected by law, including Act No. 121/2000 Coll., the Copyright Act, as amended. 6.2 Without the Operator’s prior written consent, the User must not, in particular: (a) reproduce, copy, download, export, upload, modify, translate or otherwise make permanent or temporary copies of the Service or any part of it; (b) reverse engineer, decompile, disassemble or otherwise attempt to derive, obtain or reconstruct the source code of the Service, except where mandatory law expressly allows it and the User has first notified the Operator in writing; (c) create derivative works, clones, imitations or a competing product or service based on the Service’s code, structure, look, operating logic, internal interfaces or non-public know-how, or systematically study, map or document the Service for such purpose; (d) remove, alter or obscure copyright, trademark or other intellectual property notices; (e) use automated tools (including scraping, bots and crawlers) to bulk-download Service content, code, metadata or data beyond ordinary interactive use of the interface; (f) disclose, share, publish or transfer to third parties any part of the code, internal interfaces, non-public documentation or other non-public elements of the Service. 6.3 Breach of any provision of clause 6.2 is a material breach of the Agreement. The Operator may immediately limit or terminate access to the Service. 6.4 For breach of any prohibition under clause 6.2, the User must pay the Operator a contractual penalty of CZK 250,000 (two hundred and fifty thousand Czech crowns) for each individual breach. An individual breach means each separate act and, for continuing breaches, each day the unlawful state continues. The penalty is due within fourteen (14) days of the Operator’s demand. Payment of the contractual penalty does not affect the Operator’s claim for full damages and unjust enrichment, nor claims to cease the unlawful conduct and remedy its consequences. 6.5 The contractual penalty applies in full especially to Users who use the Service in connection with business or similar independent gainful activity, including club or sports-facility management. Vis-à-vis a consumer, the contractual penalty and other terms apply only to the extent permitted by mandatory consumer-protection law.
7. Prohibited use
The User must not use the Service for unlawful activity, to infringe the rights of the Operator or third parties, to compromise security, integrity or availability of the Service (including overload, attacks and unauthorised access), to spread malware, spam or unlawful content, or to circumvent technical, contractual or security restrictions. Use that enables unauthorised reproduction of the software or any part of it is also prohibited, including attempts to obtain non-public information about the Service’s operation for competitive use contrary to clause 6.
8. User Content and data
The User is solely responsible for User Content, including club, member, reservation, training and related data. The User represents that they are entitled to submit and process User Content in the Service and that doing so does not infringe third-party rights or the law. For provision of the Service, the User grants the Operator a non-exclusive, worldwide licence to host, store, process, transmit and display User Content to the extent necessary to operate the Service. Ownership of User Content does not pass to the Operator. Personal data processing is governed by the Operator’s privacy policy, if published.
9. Availability and disclaimer of warranties
The Service is provided “as is” and “as available”. The Operator uses reasonable efforts to ensure proper and secure operation, but does not guarantee uninterrupted availability, freedom from errors or defects, or fitness for the User’s particular purpose, unless expressly agreed otherwise. Ongoing development, interface changes and feature changes do not themselves constitute a defect. The Operator is not liable for outages and limitations caused by circumstances excluding liability, third parties (including infrastructure providers) or the User’s conduct.
10. Limitation of liability
To the maximum extent permitted by Czech law, the Operator is not liable for indirect, consequential or special damages, lost profits, data loss, lost opportunities or other indirect harm arising from use or inability to use the Service. Any obligation of the Operator to compensate proven actual damage caused by the Operator’s culpable breach is limited to the fees paid by the User for the Service in the twelve (12) months preceding the damage, and in any event for the period in which the damage arose. This limitation does not apply where mandatory law forbids it, in particular for intent or gross negligence, or vis-à-vis a consumer to the extent such limitation is not permitted.
11. Term and termination
The Agreement lasts for as long as access to the Service is provided, unless agreed otherwise. The User may terminate by closing the account, not renewing a subscription or another method under commercial terms. The Operator may terminate the Agreement or immediately end access for material breach of the Terms, especially clause 6, non-payment, security risk or other serious breach. After termination, data access may be limited or ended; data export follows available Service features and any special agreement. Provisions that by nature should survive, especially clauses 6, 10 and 12, remain in force after termination.
12. Changes to the Terms
The Operator may unilaterally amend the Terms. The current version is always published on this page with the effective date. Material changes will be notified to the User at least fourteen (14) days before they take effect, in particular by email to the registered address or by notice in the Service interface. If the User disagrees with a change, they may terminate the Agreement without penalty before the change takes effect. If the User continues to use the Service after the effective date of the new Terms, they are deemed to have accepted the change, unless mandatory law provides otherwise.
13. Governing law and disputes
These Terms and the Agreement are governed by the laws of the Czech Republic, in particular Act No. 89/2012 Coll., the Civil Code, as amended. Disputes shall first be resolved amicably. Failing agreement, the competent Czech courts have jurisdiction under applicable law, unless mandatory law provides otherwise.
14. Final provisions
If any provision of the Terms is invalid, ineffective or apparent, the remaining provisions remain unaffected. An invalid or ineffective provision shall be replaced by a rule closest to its purpose. Failure by the Operator to enforce a right is not a waiver. These Terms constitute the entire agreement on use of the Service and supersede prior arrangements on the same subject, unless the parties are bound by a special written contract with different terms, which then prevails to the extent of conflict. Communication may take place electronically.
15. Contact
Questions about these Terms should be sent to the Operator via contact details on cluito.app. Cookie information is in the Cookie policy. Personal-data processing is in the Privacy policy.
The Service's barcode catalogue contains data from the Open Food Facts database (openfoodfacts.org), made available under the Open Database License (ODbL). The Operator provides the part of the catalogue covered by the ODbL on request.