Terms and Conditions of Service
1.- OBJECT AND SCOPE
The present Terms and Conditions of Contract (hereinafter, 'TCC') are established for the purchase of the kaantera application (the 'Service' or 'Services') that may be carried out by the Client.
kaantera is an application with web and mobile functionalities owned by SOPHIASPORTS LAB, S.L. SOPHIASPORTS LAB, S.L. is a company dedicated to creating applications and websites on the Internet including the design, development, production and operation of information systems and e-commerce platforms.
A 'Client' shall be understood as any natural or legal person who purchases the kaantera application or contracts any of the Services included in the Contract.
With the purchase of the Service and the contracting of any of the Plans, a Client account will be opened, following what is established in Clause 4 of the Terms and Conditions of Contract (the 'Account').
Henceforth, for the purposes of applying the TCC, any reference to kaantera shall also be understood, by extension, to SOPHIASPORTS LAB, S.L.
The TCC apply to all commercial relationships, both current and future, in which kaantera intervenes as a provider in the provision of Services.
The present TCC will be applied automatically, even when there may be discrepancies or disagreements regarding them, provided that the Client accepts, without any reservation, the provision of Services by kaantera.
2.- CONTRACT PROCESSING
The sale of the provision of Services will be formalized through an order via the kaantera purchase portal.
Purchase portal is understood as the computer communication tool enabled by kaantera for order placement ('Plans and Prices').
In cases where the purchase is made with a trial period (the 'Free Month'), the Client will have a period of one (1) month to decide to continue with the service by indicating their payment details or, if applicable, not continue with the Service contracting, in which case, the Client will not need to perform any additional action, with the enabled accesses being automatically disabled.
During the Free Month, the Client may revoke, modify or change the contracted service.
During the Free Month trial period, no billing data will be required. These will be required in case of continuing with the service once the trial period has elapsed.
The contracting of the Service, together with the present TCC, will bind both parties and will constitute the Service purchase contract ('Contract').
To be authorized to use our Services, the Client must be a natural person with at least 18 years of age and/or legal capacity to contract, a validly constituted legal entity in accordance with the law of the market in which it operates and have correctly and truthfully completed the registration process for the contracting of the different available Services.
To complete the registration process and open an Account, the Client must register the fields that are required in each case, with their name and surnames, email and password being essential in all cases, and must accept our purchase terms.
Information regarding data protection is available at the following link: Privacy Policy.
3.- PLAN CONTENT
The following purchase plans are established (the 'Plans' or the 'Plan'):
BASIC PLAN
Recipients: coaches who want to save time in planning and evaluating their players.
Price: €14.95/month per team
This Plan includes:
- Calendar and training planning
- Creation and management of training sessions for your team from our catalog with more than 50 trainings and 500 exercises
- Keeping a record of your players' attendance
- Evaluation of your players' performance using our evaluation methodology
- Access to detailed evaluation reports
- Interactive training charts panel
- Interactive evaluation charts panel
ADVANCED PLAN
Recipients: amateur and professional clubs that want to access advanced training, evaluation and match plans to improve their way of working.
Price: Customized price
This Plan includes:
- All content from the Basic Plan.
- Creation and administration of training plans using our training catalog
- Extraction and analysis of training data through detailed reports
- Analysis of players' skills through their evaluations
- Tracking of players season after season through their sports footprint
- Recording and consultation of match statistics
- Interactive match charts panel
- Individual and collective performance analysis
- Management of player and coach documents in the cloud
- Sending push notifications to coaches, families and players
- Segmentation of communications by organization and users
- Publications wall
- Personalized support via videoconference
- Possibility of expanding the number of teams according to the contract
4.- PLAN CONTRACTING AND ACCOUNT OPENING
To complete the registration process and open an Account, the Client must:
- Register the fields that are required in each case, with their name and surnames, email and password being essential in all cases.
- The email and password allow the Client to access their Account and use the Services.
- Accept our Terms and Conditions of Purchase.
Account cancellation or restriction: The Client may cancel their Account or change the contracted Plan at any time and for any reason by writing through their User Account. Once the modification of the contracted Plan is requested, it will take effect once the service begins the following month.
kaantera reserves the right to close an Account or restrict its functionalities, without the need for prior notice to the Client and whenever there is suspicion or verification by kaantera that such Account is being used for illegal activities or contrary to what is established in the Contract between the Client and kaantera.
5.- PRICES AND PAYMENT METHODS
kaantera will charge the Client for the provision of Services the rates in force at each moment according to what is specified in each specific Plan.
In relation to Spain (Peninsula and Balearic Islands) the prices and taxes (VAT) to be applied are the following:
Plan/Service | Price | Taxes | Final price |
---|---|---|---|
Basic Plan | €14.95/month | 21% | €18.10/month |
Advanced Plan | Customized price | ||
Configuration and implementation | €45/hour | 21% | €54.45/hour |
Methodology creation | €155 | 21% | €187.55 |
In relation to the Canary Islands the prices and taxes (IGIC) to be applied are the following:
1. Entrepreneurs or professionals:
Plan/Service | Price | Taxes | Final price |
---|---|---|---|
Basic Plan | €14.95/month | ISP | €14.95/month |
Advanced Plan | Customized price | ||
Configuration and implementation | €45 | ISP | €45 |
Methodology creation | €155 | ISP | €155 |
In relation to European Union countries the prices and taxes (VAT) to be applied are the following:
Plan/Service | Price | Taxes | Final price |
---|---|---|---|
Basic Plan | €14.95/month | % VAT destination country | €14.95 + VAT |
Advanced Plan | Customized price | ||
Configuration and implementation | €45/hour | % VAT destination country | €45 + VAT |
Methodology creation | €155 | % VAT destination country | €155 + VAT |
In relation to extra-community territories, the aforementioned prices will be increased by any consumption taxes that the national legislation of destination may provide for electronic service provision.
The rates may be increased with legally applicable taxes.
kaantera may modify the rates applicable to the Services by notifying the Client with at least fifteen calendar days' notice; the Client's continuation in the use of the Services after kaantera's communication of the new rates will imply the Client's tacit acceptance of such new rates.
kaantera will charge the Client a fee, depending on the payment method chosen by the Client:
- (i) Monthly: when the Client has contracted the monthly payment method, according to the type of Account that the Client has contracted. The Service is charged each month in advance, and is non-refundable. There will be no refunds or credits for partial months of the Service, nor will refunds be made in case the Client does not use the Service during the period of time that the Account is open. No exceptions will be made under any circumstances.
- (ii) Annual: when the Client has contracted the annual payment method, according to the type of Account that the Client has contracted. The Service is charged each year in advance, and is non-refundable. There will be no refunds or credits for partial years of the Service, nor will refunds be made in case the Client does not use the Service during the period of time that the Account is open. No exceptions will be made under any circumstances.
kaantera will use standard market payment methods to process the service fee payment through the 'Stripe' platform, so it will not have access to or store any type of data related to the payment methods selected by the Client.
6.- ADDITIONAL SERVICES
Each Client may acquire the following additional services independently of the contracting of the Plans.
CONFIGURATION AND IMPLEMENTATION
One-hour consulting service to set up the platform. This service includes holding a meeting with a kaantera specialist, including advice to improve practices. This service is included in the Standard and Professional Plans. The price is €45/hour. The contracting of this service is done directly through contact with the sales service.
METHODOLOGY CREATION
For those clubs that want to work on their methodology, we make the kaantera methodology team available to them. This service includes holding different meetings with kaantera specialists, advice for practice improvements and creation of a methodology plan advised by a professional, the service will be understood as provided when the effective delivery of the Methodology Plan to the client occurs. The price is €155. The contracting of this service is done directly through contact with the sales service.
7.- RIGHT OF WITHDRAWAL
For the purchase of services through kaantera, users have a legal right of withdrawal. Thus, from when you make the first purchase request for one of our Plans, you have 14 additional days to withdraw from the purchase without any justification. The amount already paid will be refunded without any cost. To do this, you can send an email to the following address administracion@kaantera.com
8.- CONTRACT EXECUTION
kaantera guarantees the correct functioning of the system in terms of the absence of programming errors or defects, as well as the custody of the information hosted on its servers, and will respond within the legal limits permitted by Spanish legislation, excluding in any case the damages that result from an accident, improper, unauthorized, or unforeseen use or application, as well as any others, direct or indirect, consequential, incidental or special, including, by way of example but not limitation, any emergent damage or lost profits, work interruption, breakdown, failure or losses, or any claim by third parties as a consequence of the foregoing.
kaantera will not be responsible for abnormal operation, failures, errors or damages, direct or indirect, that may be caused to the Client's computer system or to the files or documents stored in it, that are caused by or derived from:
- The capacity or quality of their computer system or the presence of a virus in the Client's computer that is used to access or use the contracted products or Services.
- Their connection or access to the Internet.
- A malfunction of their browser or other applications installed on their system, or by the use of versions of the same that are not updated or the corresponding user license is not obtained.
9.- IDENTIFIED PROFILES
kaantera will request the Client's role in order to offer a personalized experience adapted to their needs. This role must be defined during the user account creation process, and must select one from among the following:
- Club coach
- Club owner, president, director or administrator
- Club coordinator
- Methodologist
- Other
In case of having selected, among the aforementioned roles, one different from the Club coach, the Client must give permission to the Club coach to access and proceed with the account administration.
According to the contracted Plan, access accounts may be enabled for third-party club members, staff, squad, players, if they are of legal age or parents or legal guardians in case they are not.
The Client will be responsible for the granted accesses, kaantera not being responsible for the use made of them by the third parties enabled for access.
Access by an enabled third party will be restricted to the content of their own data, not being able to access other users' data.
The Client must designate an account administrator who can access the profiles of enabled users.
10.- ABOUT THE USE OF CONTENT
kaantera is limited to making available a platform with the elements, applications and functionalities detailed in these conditions.
In no case will kaantera be responsible for the quality, reliability or adequacy of the data provided by the platform Clients or third parties, or for the infringement of intellectual or industrial property rights, disclosure of business secrets or personal data, violation of privacy, or any civil, criminal or administrative violations that may have been committed through or by means of such content, unless a final judicial resolution has been directly communicated to it in this regard and it has not proceeded to block or withdraw it.
kaantera will not be responsible for the use of documents or contracts outside the offered service, nor for the successful outcome of the operation or legal business that the intervening parties may have reached.
11.- SERVICE MAINTENANCE AND UPDATE
kaantera reserves the right to make, at any time, modifications and updates in the provision of the service, its contents, configuration, availability and presentation of information, as well as the present Terms of Use, without prejudice to acquired rights, as well as to temporarily suspend access to perform maintenance or improvement tasks, without any claim being appropriate for this concept for the direct or indirect damages that may arise from it.
12.- INTELLECTUAL PROPERTY. CONFIDENTIALITY
Any know-how, confidential information and intellectual property rights, including without limitations, patents, trademarks, service marks, design rights (registered or not), copyrights (including future copyrights) and any application for any of the foregoing, developed by kaantera or on its behalf in relation to the service subject to these Terms and Conditions of Contract will be the property of kaantera.
Without prejudice to the foregoing, the Client acquires by the purchase of the Plans, a temporary, revocable, non-transferable license, which will allow them, according to the contracted Plan, to give access to third parties, such as Coaches, Players, Parents and Guardians and Players when they are of legal age.
The Client will treat and keep strictly confidential all information and documents that kaantera makes available to them or that they acquire in any other way in relation to the Services acquired from the web or by other means, provided that it is not in the public domain ('Confidential Information').
The Client undertakes not to disseminate, transmit or reveal to third parties the Confidential Information, and not to use such information in their own interest or that of third parties, being in any case prohibited its use for purposes other than those provided for in the Contract.
13.- RESOLUTION
The Client may at any time and for any reason terminate the Contract in its entirety or change the contracted Plan at any time by communicating to kaantera through the option enabled for this purpose. If the option is not enabled, they must send an email to the following address administracion@kaantera.com. The service interruption or, if applicable, the modification of the contracted Plan will take effect once the service begins the following month.
kaantera may terminate the Contract, without responsibility to the Client, by means of five (5) calendar days' notice to the email address indicated for this purpose by the Client, if:
- The Client breaches the conditions indicated in this document.
- The Client declares bankruptcy or such bankruptcy application has been filed against them or is subject to any insolvency or creditor protection procedure or a lien or seizure is constituted on a substantial part of their assets or if an assignment is executed for the benefit of their creditors.
- The Client breaches the obligations that correspond to them in their capacity as Data Controller.
14.- DATA PROTECTION
The parties undertake to comply with the data protection regulations in accordance with the provisions of Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016, on the protection of individuals with regard to the processing of personal data and on the free movement of such data and in Organic Law 3/2018, of 5 December, on Personal Data Protection and guarantee of digital rights.
SOPHIASPORTS LAB, S.L. has the consideration of Data Controller of the data provided by the Client in relation to the data provided for the contracting of Services on the Web. The processing of this data, including those that may have the consideration of personal data, will be processed with the sole purpose of executing, managing and carrying out the contracting of Services offered through the web, this being the enabling legitimation for the processing.
The treatments to which personal data are subjected and for which they are collected are the following:
- Process and complete orders.
- Send you marketing communications (if you have given your consent to send commercial communications).
- Personalize your experience on our website.
- Provide customer assistance.
- Comply with legal and regulatory obligations.
- Send you communications about news, updates and information of interest only in relation to the contracted services.
The data provided by the Client will be kept by the Data Controller while the contractual relationship is in force and, subsequently, during the time that is strictly necessary taking into account the different applicable legislation on current tax and accounting regulations or that may come into force after the acceptance of these conditions.
The Client may contact the Data Controller through the email address administracion@kaantera.com to exercise the rights of access, rectification, deletion, opposition, or request the limitation of processing or portability of their personal data and all those that correspond to them or may correspond to them in their capacity as interested party according to the applicable legislation, they are also authorized to file a complaint with a supervisory authority.
The Client will have the consideration of Data Controller of Personal Data in relation to the data that they directly incorporate into kaantera according to the contracted service. kaantera will act in this case as Data Processor of Personal Data.
The Client when acting in the capacity of Data Controller of Personal Data, undertakes to obtain the express and written consent of the persons whose personal data are to be subject to processing prior to the processing of the data.
The Client must be able to demonstrate that they have obtained the express and written consent for the processing of personal data.
kaantera will not be responsible in any case for the veracity of the provided data, not assuming any type of responsibility for the errors and omissions that may be recorded. The data will not be transferred to third parties, except in the cases expressly recognized by the legislation.
15.- APPLICABLE LAW AND JURISDICTION
The Contract and any Service contracting stipulated under it will be governed by the applicable laws in the country where kaantera's registered office is located, omitting the principles of conflicts of laws.
The present conditions will be applied and interpreted in all their terms in accordance with Spanish legislation and, in the absence thereof, by that of the European Union. By accepting them, the Client, with waiver of any forum that may correspond to them, except in cases where it is not possible by operation of law, submits to the jurisdiction and competence of the Courts and Tribunals of the city of Vigo for the resolution of conflicts that may arise in relation to the Conditions or the kaantera platform service.