General Terms and Conditions of the Platform

AParties. The Operator runs a platform for the day-to-day running of dance clubs. The Club wishes to use it for its members, parents, coaches and management.

Who is contracting with whom, and why.

BSubject matter. The Operator undertakes to provide the Platform to the Club within the scope of the Plan, and the Club undertakes to pay the agreed price.

The Club pays a subscription for a service, not for turnkey software.

CConclusion. The Contract is concluded when the form is signed by both parties, including electronically, for example by a signed PDF sent by e-mail.

No need to meet in person; a signed PDF is enough.

DPurpose of the Terms. These general terms and conditions (the "Terms") govern the rights and obligations of the parties under Section 1751 of Act No. 89/2012 Coll., the Civil Code.

The rules are the same for all clubs. What differs (price, dates, address) is in the Contract.

1.1Launch Day. The day under Article 3.8 on which the Platform goes into live operation.

The Club pays from the live launch, not from signing.

1.2Club. The legal entity named in the Contract that orders the Platform.

The association that signs the Contract.

1.3Platform. The Operator's web application for running a dance club, provided as a service over the internet. It consists of the Portal and the Club Website.

The Club installs nothing; everything runs in the browser and in the mobile app.

1.4Portal. The part of the Platform for the Club's members, parents, coaches and management: lessons, groups, events, attendance, payments, results and the mobile app.

What sits behind the login at …/club.

1.5Operator. Tomáš Kasalický, Company ID (IČO) 14033917, with registered office at Mladotova 663/2, Kolovraty, 103 00 Praha 10, a natural person doing business under the Trade Licensing Act, not a VAT payer, e-mail kasalicky@proton.me.

Who runs the Platform and whom to write to.

1.6Prepaid Period. The period for which the Club has paid for the Plan. The first begins on Launch Day and lasts 12 months.

The year that has been paid for.

1.7Contract. The one-page form contract between the Operator and the Club setting out the price, the dates and the Club's address.

The only document that is signed.

1.8Plan. The scope of the service and the limits under the price list (Start, Klub, Klub+, Enterprise), supplemented where applicable by modules agreed in the Contract.

How many members, coaches and e-mails the Club has, and what support.

1.9User. Any person who uses the Platform on behalf of or with the consent of the Club.

Members, parents, coaches and management.

1.10Club Website. The Club's public website, which the Operator builds from materials supplied by the Club.

The Club's public pages for parents and prospective members.

2.1Components. The contractual relationship consists of the Contract, these Terms, the Data Processing Agreement, the Operating and Support Terms (the "SLA") and the price list.

Only the Contract is signed; the other documents are its annexes.

2.2Order of precedence. In the event of conflict, the Contract prevails; in matters of personal data, the Data Processing Agreement; then the SLA, the Terms and finally the price list.

What is written specifically for the Club takes precedence over the general rules.

2.3Applicable version. The versions of the documents in force on the date the Contract is signed apply. Later changes are governed by Article 13.1.

The Club knows what it signed. Changes only with notice and an option to leave.

3.1Implementation steps. Implementation consists of the following steps: materials (3.2), the Club Website (3.3), the Portal (3.4), trial operation (3.5), Launch Day (3.8) and the move to the Club's domain (3.7). The Contract sets out the dates for them.

The process is the same for all clubs; only the dates differ.

3.2Materials. Within 14 days of signing, the Club shall supply texts, photos, its logo, a list of members, groups and coaches, the timetable and prices. The Club is responsible for holding the rights to the materials and for being entitled to transfer its members' data (Article 10).

Without materials there is nothing to build from. The Club must be allowed to use the photos.

3.3Club Website. The Operator shall deliver a draft of the Club Website within 21 days of receiving the materials. The Club has 5 working days to comment. Two rounds of comments are included in the implementation price; further changes are charged under Article 7.

The Club sees the draft and says twice what to change.

3.4Portal. The Operator shall set up a dedicated database for the Club, separate from other clubs, configure groups, coaches, prices and modules, import the members and train the coaches and management once.

The Club's data is never stored together with another club's.

3.5Trial operation. The Club uses the Portal free of charge in real training sessions. Data from the trial operation is retained after launch; the Operator will delete test records on request.

The coaches try it out for real without the Club paying.

3.6Temporary address. The Club Website and the Portal initially run at an address on the Operator's domain specified in the Contract. The address is fully functional: Launch Day may take place on it, and the Club may use it for the entire term of the Contract if it does not want its own domain.

For example klatovy.kasaliik.app. There is no need to wait for the Club's own domain.

3.7Move to the Club's domain. Once the Club grants access to its domain's DNS settings, or enters the records itself according to instructions, the Operator shall move the Club Website and the Portal to the Club's domain within 10 working days and set up e-mail sending on it. The move is free of charge. Accounts, data and calendar events are retained, and the temporary address redirects to the new one for the term of the Contract. Until the move, e-mails are sent from the Operator's domain on behalf of the Club.

The Club sends DNS access whenever it suits. Members notice nothing; old links keep working.

3.8Launch Day. The day on which the Operator switches the Portal to live operation (e-mails to members, payments, Plan limits) and notifies the Club by e-mail. The Contract states the planned date; the parties confirm the exact day by e-mail. The move to the Club's domain is not a condition of launch.

From this day the first year runs and the invoice is issued.

3.9Launch conditions. The Operator shall deliver any features that the Contract designates as a launch condition before Launch Day. Until they are completed, Launch Day does not occur.

The Club does not pay for something that cannot yet do what it needs.

3.10Cut-off date. If the launch is delayed on the Club's side (materials, comments), Launch Day occurs no later than the cut-off date in the Contract, and the Operator launches the Platform with what is available. A delay on the Operator's side postpones the cut-off date by the same period.

The launch cannot be postponed indefinitely, nor at the Club's expense if the Operator causes the delay.

4.1Scope of the Plan. The scope of the Plan, its limits (number of active members, coaches and e-mails per month), the support hours and the rhythmees licence are governed by the price list in force on the date the Contract is signed, unless the Contract provides otherwise.

What the Club gets stays as it was on the day of signing.

4.2Soft limits. At 90% of a limit, the Platform notifies the Club. Above 110% of a limit, no further members or coaches can be invited until the Club moves to a higher Plan or the number falls. Existing Users may continue to use the Platform without restriction.

Nothing is switched off when a limit is exceeded; new people just cannot be invited.

4.3Change of Plan. A move to a higher Plan is possible at any time; the price difference is paid pro rata for the remainder of the Prepaid Period. A move to a lower Plan takes effect from the next Prepaid Period.

Upgrades at once, downgrades from the next year.

4.4Modules. The Club has modules outside the Plan (for example Public: courses, public lessons and registrations without an account) only if they are listed in the Contract.

Anything extra must be in the Contract.

5.1Prices. Prices are final. The Operator is not a VAT payer.

Nothing is added to the price.

5.2Invoicing of the Plan. The Plan is paid annually in advance. The Operator issues an invoice as of Launch Day and thereafter always 30 days before the end of the Prepaid Period. Payment is due within 14 days.

One invoice a year.

5.3Additional work. The Operator invoices work under Article 7 and e-mails above the Plan limit once a month in arrears.

Only when the Club orders something.

5.4Late payment. If payment is more than 30 days overdue, the Operator may, after written notice, restrict the Portal to read-only access. No data is deleted. If payment is more than 60 days overdue, the Operator may terminate the Contract with immediate effect (Article 12.4).

First a notice, then read-only. No data is lost.

5.5Annual commitment. The annual payment is a commitment for the entire Prepaid Period. If the Club terminates early, nothing is refunded.

A paid year is not refunded.

5.6Price change. The Operator may change the price only for the next Prepaid Period and shall give notice at least 60 days before it begins. The Club may then terminate the Contract with effect from the end of the current period. A price agreed in the Contract for a specific period does not change.

The price does not change during the year, and the Club learns of an increase two months in advance.

6.1Operation. The Operator operates the Platform with professional care. Availability, maintenance, backups and the response to outages are governed by the Operating and Support Terms (SLA).

Details of availability are in the SLA.

6.2Support. Support is provided by e-mail during the hours set by the Plan and the SLA. Faults and requests may be reported by the Club's contact person named in the Contract or their deputy.

One person writes on behalf of the Club, not every parent.

6.3Bug fixes. Bug fixes are free of charge and are never invoiced. A bug is a condition in which the Platform does not work as described or as it normally works. The Operator fixes bugs according to their severity under the SLA.

Whatever does not work is fixed without an invoice.

7.1Order. New features, custom adjustments and changes to the Club Website after Launch Day are carried out by the Operator on the Club's order at the hourly rate set in the Contract, otherwise under the price list.

Anything extra the Club wants is paid by the hour.

7.2Advance estimate. Before starting, the Operator sends an estimate of the hours and a delivery date. Work begins once the Club approves by e-mail. If the estimate would be exceeded by more than 20%, the Operator shall request fresh approval.

The Club always knows the cost in advance.

7.3Features for everyone. Features developed at the Club's request become part of the Platform (Article 9.3) and may also be made available to other clubs. The Operator does not pass the Club's data or content to other clubs.

The Club may also receive features that another club requested.

7.4Free of charge. The Operator does not charge for a feature requested by the Club that the Operator decides, at its own discretion, to include in the Platform for all clubs.

If an idea suits everyone, the Club does not pay for it.

8.1Access. The Club appoints a Portal administrator and is responsible for whom it grants access and in which role. Login credentials are personal and must not be shared.

Everyone has their own account; no shared passwords.

8.2Content. The Club is responsible for the content that it or its Users upload to the Platform: texts, photos, prices and members' data. The content must not infringe the law or the rights of third parties.

The Club answers for what it uploads.

8.3Prohibition of misuse. It is prohibited to overload the Platform with automated access, to circumvent its security or to use it to send unsolicited messages.

No spam and no bots.

8.4Incident reporting. The Club shall notify the Operator without undue delay of any suspected misuse of an account or data leak.

If something looks wrong, write at once.

8.5Domain. If the Club wants its own domain, it shall arrange for its DNS records to be set according to the Operator's instructions, or give the Operator access to them.

Without DNS records, the Club stays on the temporary address (3.6).

9.1Development of the Platform. The Platform is a standardised service that the Operator develops continuously. The Operator may change its appearance and features, provided the Club does not lose a feature it actually uses within its Plan. The Operator shall give at least 60 days' notice of the withdrawal of such a feature.

New features are added continuously and free of charge. Nobody takes away what the Club uses overnight.

9.2The Platform belongs to the Operator. The Platform, its source code, design, documentation and all of its components are the intellectual property of the Operator.

The Club uses the Platform but does not own it.

9.3Development at the Club's request. Everything the Operator develops, including at the Club's request, whether for a fee under Article 7 or without one, is the intellectual property of the Operator and becomes part of the Platform. The Club acquires no rights to it other than the licence under 9.4.

Even if the Club pays for a feature, it belongs to the Platform and other clubs may use it too.

9.4Club licence. For the term of the Contract, the Club acquires a non-exclusive, non-transferable licence to use the Platform for its club within the scope of the Plan. The licence ends with the Contract.

The right to use the Platform lasts only as long as the Contract.

9.5Club content. The Club's content (texts, photos, logo, members' data and results) remains the Club's. The Club grants the Operator a licence to use this content only to the extent necessary to operate the Platform.

The data and photos belong to the Club.

9.6Exception: Club Website. By way of derogation from 9.3 and 9.4, once the first Prepaid Period has been paid, the Club acquires a free, perpetual and transferable licence, including the right to modify it, to the standalone version of the Club Website (code, design and a simple administration). The Operator may continue to use the generic components of the Club Website.

The one thing the Club takes with it when it leaves is its website.

10.1Roles. The Club is the controller of the personal data of its members, parents, coaches and prospective members. The Operator is its processor and processes the data only on the Club's instructions and under the Data Processing Agreement pursuant to Article 28 GDPR.

The data belongs to the Club; the Operator only "looks after" it. Details are in the Data Processing Agreement.

10.2Responsibility of the Club. The Club is responsible for the legal basis of processing, for informing data subjects and for obtaining consent where required. For children, it obtains the consent of, or informs, the legal guardian.

The Club must tell parents what it records about their children.

10.3Club privacy policy. The Club shall supply its own privacy policy or use the Operator's template. The Operator publishes it on the Club Website.

The website must have a page on data protection.

10.4Aggregated data. The Operator may use anonymised and aggregated operational data (for example the number of bookings) to improve the Platform. No individual can ever be identified from it.

Statistics without names help improve the Platform.

11.1Cap on damages. The Operator is liable for damage it causes by breaching the Contract. Total compensation for any one calendar year is capped at the amount the Club paid the Operator over the preceding 12 months.

Compensation is at most what the Club paid for a year.

11.2Exclusions. The Operator is not liable for loss of profit, for content uploaded by the Club or Users, for damage caused by misuse of login credentials on the Club's side, or for outages of third-party services beyond its control (hosting, e-mail, payment and federation systems such as ČSTS).

If, say, ČSTS goes down, it is not the Platform's fault.

11.3Intent and gross negligence. The cap under 11.1 does not apply to damage caused intentionally or through gross negligence, or to harm to a person's natural rights.

The law does not allow these to be limited.

11.4Not accounting. Payments and overviews in the Platform serve record-keeping purposes. The Club is responsible for its accounting and tax obligations.

The payment overview does not replace an accountant.

12.1Term. The Contract is concluded for an indefinite period. The first Prepaid Period lasts 12 months from Launch Day, and further periods follow on from it.

The Contract renews itself each year.

12.2Termination by the Club. The Club may terminate the Contract by e-mail no later than 14 days before the end of the Prepaid Period. The Contract then ends at the end of that period.

An e-mail two weeks before the end of the year is enough.

12.3Termination by the Operator. The Operator may terminate the Contract no later than 90 days before the end of the Prepaid Period, so that the Club has time to transition.

The Club learns of the end at least three months in advance.

12.4Termination with immediate effect. Either party may terminate the Contract with immediate effect if the other party materially breaches the Contract and fails to remedy the breach within 30 days of being called upon to do so.

Only for a serious breach and after notice.

12.5Data export. Within 30 days after the end of the Contract, the Club downloads its data (members, payments, registrations, courses) in CSV and JSON formats.

The Club takes its data with it in ordinary files.

12.6Handover of the Club Website. The Operator hands over the standalone version of the Club Website with a simple administration and helps move it to the Club's hosting, with up to 2 hours of work free of charge. Parts of the website that read from the Portal (the portal entry, courses with registration) are replaced by editable texts.

The website keeps running even without the Platform.

12.7Deletion. Within 60 days after the end of the Contract, the Operator deletes the Club's data. It disappears from backups no later than 30 days after that.

After the Club leaves, nothing stays with the Operator.

13.1Changes to the Terms. The Operator may amend the Terms, the Data Processing Agreement and the SLA. The Operator shall notify the Club of an amendment by e-mail at least 30 days in advance. If the Club does not agree with it, it may terminate the Contract with effect from the day before the amendment takes effect, and the Operator shall refund the pro rata part of the price for the unused period. An amendment never changes the price of a period already paid.

The Club does not have to accept a new version of the terms and can leave without loss.

13.2Notices. The parties deliver notices to each other by e-mail to the addresses stated in the Contract and shall notify each other of any change of address.

Everything goes by e-mail.

13.3Governing law. The Contract is governed by the law of the Czech Republic. Disputes are resolved by the court having subject-matter jurisdiction according to the Operator's registered office.

Czech law, Czech court.

13.4Severability. If any provision is invalid, the remaining provisions remain in force, and the parties shall replace it with a valid provision whose meaning is as close as possible.

One flaw does not bring down the whole Contract.