1. Acceptance of these Terms
These Terms of Service (“Terms”) form a binding agreement between Courtoo (“Courtoo”, “we”, “us”) and the business or organisation that subscribes to or uses the Courtoo platform (“Customer”, “you”).
You accept these Terms by any of the following, whichever occurs first: (a) clicking “I agree” or a similar button when creating an account or placing an order; (b) signing an order form that references these Terms; or (c) accessing or using the Platform, or paying the applicable fees. The individual accepting these Terms represents that they are authorised to bind the Customer.
If you do not agree, you must not access or use the Platform.
2. Definitions
- “Platform” — the Courtoo software-as-a-service application for racket-sports club management (including court scheduling, bookings, memberships, payments, and related functionality), together with related documentation.
- “Order” / “Plan” — the subscription plan, scope, and fees agreed between the parties, whether selected online or in an order form.
- “Subscription Term” — the period for which the Customer has subscribed.
- “Authorised Users” — the Customer’s staff or representatives permitted to use the Platform on the Customer’s behalf.
- “End Users” — the Customer’s own players, members, or clients whose data the Customer manages through the Platform.
- “Customer Data” — all data, including personal data, that the Customer or its Authorised Users or End Users submit to or generate within the Platform.
3. The Platform and license grant
Subject to these Terms and to payment of the applicable fees, Courtoo grants the Customer a non-exclusive, non-transferable, non-sublicensable right to access and use the Platform during the Subscription Term, solely for the Customer’s internal business purposes.
The Platform is provided as a service. We retain all right, title, and interest in and to the Platform. No rights are granted other than those expressly set out in these Terms.
Our role. Courtoo provides software that enables the Customer to operate its club and to offer bookings, memberships, and related services to its End Users. Courtoo is a technology provider only. The Customer is solely responsible for its own services, facilities, courts, scheduling, pricing, cancellation and refund policies, communications with End Users, and the relationship and contracts with its End Users. Courtoo is not a party to any transaction or agreement between the Customer and its End Users, and is not responsible for the Customer’s services or for any dispute between the Customer and an End User.
4. Accounts, plans, and trials
The Customer is responsible for: configuring its account; ensuring that Authorised Users keep their credentials confidential; and all activity that occurs under its account. The Customer must promptly notify us of any unauthorised use at [email protected].
Where we offer a free trial or pilot, it is provided “as is” and may be modified or terminated by us at any time. The specific scope and duration of any trial or pilot will be communicated at sign-up or in a separate order form.
5. Fees and payment
The Customer agrees to pay the fees for the selected Plan as set out in the applicable Order or on the Courtoo pricing page in effect at the time of subscription.
- Billing cycle and accepted payment methods are stated in the Order or at checkout.
- Fees are exclusive of taxes; the Customer is responsible for applicable taxes other than taxes on our income.
- Unless stated otherwise, fees are non-refundable once the relevant period has begun.
- If payment is overdue, we may suspend access after reasonable notice, and / or charge interest on late amounts to the extent permitted by law.
Payment of the fees constitutes acceptance of these Terms for the relevant Subscription Term.
6. Acceptable use
The Customer and its Authorised Users must not:
- copy, modify, reverse-engineer, decompile, or attempt to derive the source code of the Platform, except to the extent this restriction is prohibited by applicable law;
- resell, sublicense, rent, or provide the Platform to third parties except to End Users as intended;
- use the Platform unlawfully, or to store or transmit infringing, harmful, or malicious material;
- interfere with or disrupt the integrity or performance of the Platform, or attempt to gain unauthorised access to it;
- exceed the scope of the purchased Plan (for example, user or usage limits) without upgrading.
We may suspend access to address a material breach, a security risk, or non-payment, with notice where practicable.
7. Data protection
As between the parties, the Customer owns and is responsible for its Customer Data and has sole responsibility for its accuracy, quality, and legality, and for obtaining all rights and consents needed to provide it to us.
In respect of personal data of End Users processed through the Platform, the Customer acts as the data controller and Courtoo acts as the data processor, processing such data only on the Customer’s documented instructions. This processing is governed by a Data Processing Agreement (DPA), which forms part of these Terms. The current DPA, including the sub-processor list and Standard Contractual Clauses for international transfers, is available on request from [email protected].
The Customer warrants that it has a valid legal basis (and, where required, consent) to upload and process End-User personal data through the Platform.
How we handle personal data for which we are the controller (for example, the Customer’s own account contacts) is described in our Privacy Policy.
8. Intellectual property
Courtoo and its licensors own all intellectual property rights in the Platform and any improvements to it. The Customer owns its Customer Data. If the Customer provides feedback or suggestions, the Customer grants us a perpetual, royalty-free licence to use them to improve the Platform.
9. Confidentiality
Each party may receive confidential information of the other. The receiving party will protect it with reasonable care, use it only to perform under these Terms, and not disclose it except to those who need to know and are bound by similar obligations. This does not apply to information that is public, independently developed, or required to be disclosed by law.
10. Availability and service levels
We will use commercially reasonable efforts to keep the Platform available. Outside of a specific uptime commitment agreed in an Order, the Platform is provided on a commercially reasonable, best-efforts basis. Planned maintenance will be carried out with reasonable notice where practicable.
11. Support
We provide support by email at [email protected] during normal business hours. Additional support channels and response targets may be agreed in the Order.
12. Third-party services
The Platform may integrate with third-party services (for example, payment processors). Those services are governed by their own terms, and we are not responsible for them. The Customer’s use of such integrations is at its own risk.
13. Warranties and disclaimers
We warrant that we will provide the Platform with reasonable skill and care. Except as expressly stated, the Platform is provided “as is” and “as available”, and we disclaim all other warranties, express or implied, including merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that the Platform will be uninterrupted or error-free.
14. Limitation of liability
To the maximum extent permitted by law, neither party will be liable for any indirect, incidental, special, consequential, or punitive damages, or loss of profits, revenue, data, or goodwill. Our total aggregate liability arising out of or relating to these Terms will not exceed the total fees paid by the Customer in the 12 months preceding the event giving rise to the claim.
Nothing limits liability that cannot be limited by law, or either party’s liability for its own fraud.
15. Indemnification
The Customer will indemnify Courtoo against claims arising from the Customer Data or the Customer’s breach of these Terms. We will indemnify the Customer against third-party claims that the Platform, as provided by us, infringes that third party’s intellectual property rights, subject to prompt notice and our control of the defence.
16. Term and termination
These Terms apply for the Subscription Term and renew as set out in the Order unless either party gives notice of non-renewal. Either party may terminate for material breach not cured within thirty (30) days of notice, or immediately if the other becomes insolvent.
On termination: the Customer’s right to use the Platform ends; accrued fees remain payable; and, on request made within thirty (30) days of termination, we will make Customer Data available for export, after which we may delete it in line with the DPA.
17. Changes to the Platform and to these Terms
We may improve or modify the Platform over time. We may update these Terms; we will give reasonable notice of material changes, and continued use after the effective date constitutes acceptance. If a material change is unacceptable to the Customer, its remedy is to stop using the Platform and terminate.
18. Governing law and disputes
These Terms are governed by the laws of the jurisdiction in which Courtoo is legally established. Disputes will be brought before the competent courts of that jurisdiction, except where mandatory local law gives a consumer or other party the right to bring proceedings in their country of residence. Customers may request the current applicable jurisdiction by writing to [email protected].
19. General
- Assignment: the Customer may not assign these Terms without our consent; we may assign to an affiliate or in connection with a merger or sale.
- Force majeure: neither party is liable for delays caused by events beyond its reasonable control.
- Notices: notices will be sent to the contact details on the account or to [email protected].
- Entire agreement: these Terms, the Order, the DPA, and the Privacy Policy are the entire agreement and supersede prior discussions.
- Severability: if any provision is unenforceable, the rest remains in effect.
- No waiver: failure to enforce a provision is not a waiver.
20. Contact
Questions about these Terms: [email protected].