User Agreement

License agreement to use ClubKit software from PNN Soft.

This public user agreement is a license agreement («Agreement» or «Contract»). It formulates the terms and conditions of ClubKit software product services (collectively «application» or «online service»), by the Administrator (developer company) to the User (the person who is accepting the terms of this agreement). The agreement gives the user the right to use the application services.

The terminology used in the Agreement is as follows.

The mobile application — Software solution in the form of the mobile application for iOS and Android under the name «ClubKit», which is provided by the Administrator to the User for temporary use (during the term of this Agreement) as a service delivery tool.
The Administrator — a legal entity, a PNN Soft application development company, which owns the application ClubKit and provides its services to Users, acts as an intermediary between the Business Person and the Consumer.
Services — are ClubKit application solutions provided to Users for business activities, creating an independent business space for providing their direct services to consumers.
The user — a natural or legal person who acts as User (Business Person) and uses the application ClubKit to create business space to provide its services. And also an individual who is determined as a Consumer and uses the application ClubKit to obtain services from the subscribed Business Spaces.
Business account owner — is a Business Person, legal (company), or physical person entrepreneur who conducts business activities and is the owner of the business space. The owner is responsible for providing services to Consumers (subscribers) of the current business space.
Business Space — a private space of a company or an individual entrepreneur, which is created on the basis of a personal Business Person profile. The owner of a business account can create, configure, edit, fill in information about his business activities in order to provide services to Consumers, in accordance with the tariff plan of the application.
Tariffs — is the system of rates (payment) for services of the application ClubKit, including value-added tax. It includes a free rate and a free trial period of 7 days.
The consumer — a User who has received an invitation or has passed over a corresponding link to the Business Space in the ClubKit application that was placed by the Owner of this Business Space. The customer becomes a ClubKit user and Business Space Subscriber.
Subscriber — a user who has registered in a ClubKit application and received an invitation to the business space, whose subscription becomes automatic.
Application Services — ClubKit application provides services to its users to create custom business solutions on iOS and Android as a business space where the business profile owner promotes products, services, and arrangements for sale upon request to subsequent customers.
Age restrictions — are the restrictions on entering business space to consumers by age. The Business Space Owner sets the age limits.

1. Generalities

The User, regardless of his legal status and civil activities, is subject to the rules and restrictions set in this contract when using the online service ClubKit.
The agreement is placed in the mobile application ClubKit in the section «Settings» and is displayed at the registration of the User. It is mandatory to read.
The user must make sure that he has read all the terms of this Agreement fully and unconditionally accepts them, as reported when registering in the annex, in a specially designated field.
1. In case of no agreement with any of the terms of the Agreement, the Administrator cannot provide the services of the Online Service and reserves the right to deny the User access to the ClubKit application.
The user understands that the application registration process requires the entry of personal data. For more information on the regulation of personal data processing, see the ClubKit Privacy Policy.
The User gives consent to the fulfillment of the Terms of User Agreement and registration in the ClubKit application for obtaining appropriate services.
The Administrator may amend and supplement the agreement. The Administrator undertakes to inform the User immediately about the changes made. (As further detailed in Section 11 «About changes to the User Agreement»).

2. Registration of Users

To access the ClubKit Online Service, users need to register a personal account (create a user account). User registration for receiving application services is mandatory.
1. A Business Account Owner chooses a tariff plan within which the business space will be created (as further detailed in Section 7 «Tariffs»).
2. A Consumer uses the application services Free within the selected account type.
To verify the Account in the application, the Administrator sends an email to the User via the specified address in the registration fields.
Upon completion of the registration and verification, which includes the User’s personal data, namely: Name, Surname, e-mail address, Digital name (login) and password, the User has access to the services of the application within the framework of the respective profile and tariff plan.
Upon registration, the User undertakes to provide up-to-date and reliable information in accordance with the request of the forms for completion.

3. Personal data

The separate document, namely the Privacy Policy, regulates all issues and provisions related to app usage, processing, storage, and data protection. This document can be found in the app settings, also during the registration of the User account, and in the application’s official stores.
In case of unauthorized access by third parties to the User account, the User is obliged immediately to notify the Administrator about that, provided that the User can confirm the legitimacy of the account, and lost in consequence.

4. Rights and guarantees of the Administrator

If the User’s actions may result in the violation of any rules and regulations of the current legislation, human rights, or the Administrator’s liability for the actions of such User; the Administrator is entitled to immediately block the User’s activity as well as suspend or cancel the Profile without prior notification or any User consent
We have the right to remove the User’s profile if the User has not used the application for 12 calendar months.
The Administrator is entitled to remove the Business Person Account, in case of violation of restrictions, and to conduct business activities related to the sale or sale of prohibited goods, and/or prohibited services. As further detailed in section 8. «Application Functionality Restrictions.»
The Administrator is entitled to remove the User’s business account if the Business Space Owner is suspected of conducting fraudulent activities, as evidenced by numerous complaints from consumers.
The Administrator ensures that the intellectual property rights of the ClubKit application are held by the Administrator.
1. The intellectual property rights of the Administrator, in particular, but not limited, apply to the following. The technology platform, the mobile application ClubKit, which is the technological components of the application, software code, and other digital data in the form of numbers, letters, symbols, images, and their combinations, design elements, text, graphic elements, illustrations, etc.
The Administrator provides the User with a non-exclusive intellectual property right to use the application and its services, functions.
The entering into an agreement does not infringe the intellectual property rights of third parties. In the event of any claims or claims by third parties regarding the use of the User’s access to the Online Service, the Administrator undertakes to settle claims.
1. The Administrator does not claim or have intellectual property rights on the business space that was created based on the Business Person application services.
The Administrator reserves the right to issue warnings to the Business Space(s) Owners in case of violation of the terms of the existing agreements. The Administrator reserves the right to delete or deactivate the Owner Account (Profile) in case of repeated violations of the User’s duties.
The administrator reserves the right to send warnings to Owners of Business Space(s) in case of violation of the terms of the existing agreements. The Administrator reserves the right to delete or deactivate the Owner Account in case of repeated violations of the User’s duties.
The Administrator undertakes to provide timely maintenance and technical support services to the Application Users and to provide access to the application to registered Users, which did not violate the obligations of the consonant valid agreement.
The Administrator undertakes to ensure the security and non-disclosure of User data on his part.
The Administrator is always ready to consider the wishes and suggestions of any User of ClubKit.
The Administrator undertakes to provide paid services to Users who have purchased and paid for them on time.

5. Administrator’s liability limits

The Administrator takes no responsibility for any damage to life and health, direct and indirect damage, material and non-pecuniary damage liability, or loss incurred as a result of the use or non-use of the Application by the User.
1. The Administrator is not responsible and does not cover the financial losses of the Consumer, in case of failure by the Owner of the business space, the obligations specified in this Agreement.
2. The administrator is not responsible for the quality of delivery of goods or provision of services to the Customer by the Owner of the business account.
3. The Administrator is not responsible for the activities of Business Space Owners unless they violate this Agreement (as further detailed in 6,7,8,9 sections).
The Administrator takes no responsibility for the execution and preservation of information transmitted during payments using the User’s bank cards, including for actions of the bank and international payment systems or other participants in the technical process of settlements. All relations regarding settlements with the use of bank cards will be governed by the obligatory conditions of the User’s International Payment Systems and agreements between the User and the bank that issued the User’s bank card.
The administrator is not liable for the individuals under the age of majority (according to the Law of the user’s country) who deliberately misinformed other parties about their age in the presence of age restrictions to access the Business Space.
If the User has personally lost login or password, publicly posted it, or handed it to a third party, the administrator is not responsible for the consequences of the loss of personal data (login and password).
The Administrator is not responsible for violations of the Country Law that were violated by the Users where the application was used.

6. Rights and obligations for Business Space Owners

The Business Person or Business Account Owner may be a Legal Entity (Company, Enterprise), a physical person entrepreneur and/or a natural person who has not established business activity if this does not violate the current ClubKit application policy.
The owner of the Business Space(s) is responsible for the quality and timely provision of services/goods to the Consumer in the framework of its activities.
1. The Business of a Person in personal correspondence within the application with the Consumer specifies the conditions of service, payment, and delivery of services offered by it to the Consumer.
The owner of the Business Space(s) reserves the right to decide independently the placement of specific information, goods, and services in the created business space that does not violate the Application Policy.
The owner of the business space may lodge a complaint against the Consumer in case of violation by the second party of the obligations under this Agreement. Specifically, in the case of spam messages or insults based on personal characteristics and belonging to the category of individuals protected against discrimination*.
The Business Person undertakes not to infringe the rights of Consumers, not to deal with threats against other people and insults based on personal characteristics of Consumers, such as appearance or belonging to a category of individuals protected against discrimination.*
The owner of the business space undertakes not to violate restrictions related to the sale of goods and the provision of services belonging to the category of prohibited. You can get acquainted with the restrictions as further detailed in Section 8. «Restrictions on the use of application functions».
The owner of the business space undertakes not to carry out fraudulent activities with the purpose of deception or extortion from the Users and/or Administrator of the application.
The owner of the business space is entitled to set age limits for Consumers independently, in addition to the case when products or services do not belong to the category of goods and services requiring a certain age of Consumers.
In case of violation of paragraphs 6.5 and 6.6, 6.7, the Administrator reserves the right to deactivate the account of the User’s business and/or business space. As further detailed in Section 4. «Rights and guarantees of the Administrator».

7. Rights and Duties of Consumers

The customer is responsible for the payment of goods and services in the framework of the personal agreement with the Owner of the Business Space.
The customer with the Owner of the Business Space specifies the terms of service, payment, and delivery of the offered services via personal correspondence within the application.
The Consumer may lodge a complaint against the Owner of the business Space and other participants of the Business Space(s) in case the second and third parties violate the obligations under the current User Agreement. Specifically, in the case of spam messages or insults based on personal characteristics and belonging to the category of individuals protected against discrimination*.
The consumer undertakes not to infringe the rights of the Owner of the business Space and other participants of the Business Space(s). The consumer undertakes not to address threats against other people and insults based on the personal characteristics of the Consumer, such as appearance or belonging to a category protected against discrimination*.
The Consumer undertakes to report the violation by the Owner of the Business space of restrictions related to the sale of goods and the provision of services belonging to the category of prohibited. You can get acquainted with the restrictions as further detailed in Section 8. «Restrictions on the use of application functions».
The consumer undertakes to report the conduct of fraudulent activities of the Business Space and its owner in case he suspects or is the victim of deception or extortion.
In the event of a breach of paragraphs 6.5., and 6.6, the Administrator reserves the right to deactivate the Consumer account. As further detailed in Section 4. «Rights and guarantees of the Administrator».

8. Tariffs. Payment for services

Tariffs are valid only for those Users who have chosen the type of «Business» account. Users who have chosen the type of «Users» account use the application for free.
The Administrator provides Business Persons with 4 subscription plans.
1. The «Start» plan is completely free. It includes the following set of services: the creation of one Business Space, a small set of widgets for the business page, and customer support service.
2. The «Basic» plan at a fixed cost of $19.99/month. It includes the following set of services: a trial period for 7 days free, the creation of one Business space, 25 goods/services in space, the basic set of widgets for the business page, and support service for users.
3. The «Plus» plan at a fixed cost of $29.99/month. It includes the following set of services: a trial period of 7 days free, creation of up to two Business Spaces, 200 goods/services in space, an extended set of widgets for the business page, visual layout under key, access to News and Events service, 5 ready-made layouts of business space design, customer support service.
4. Tariff plan «Expert» at a fixed cost of $39.99/month. It includes the following set of services: a trial period of 7 days free, creation of up to five business spaces, unlimited number of goods/services in space, an expert set of widgets for business page, visual turnkey space decoration, access to the news and events service, an expert set of widgets for creating news and events, 5 ready-made layouts of business space design + 5 for each type of business activity provided by the Administrator of the application, and customer support service.
The owner of the business space may cancel the subscription and cancel the ClubKit application at any time. To cancel or close a subscription on Android devices, the user makes a request to the Google Play Store. To cancel or close a subscription on iOS devices, the user makes a request to the App Store.
Payment and management of ClubKit subscriptions are regulated by Google Play and App Store. The Google Play service and the App Store will cancel the already purchased tariff plan and/or change the tariff plan. How to subscribe to Android/iOS applications and to the content of services in the Google Play Store and App Store (follow the active links).

9. Restrictions on the use of application functions

The Administrator prohibits (restricts) the placement of products and services, of the following nature: Dangerous or humiliating products; Recreational drugs and drugs-related products; Tobacco-related content; Products related to gambling and casinos; Hacking products; Weapons related products; Category products and services for adults and/or sexual; Alcohol-related products; Medicines and medical services. Products that deceive and mislead the Consumer and other illegal products.
It is prohibited to collect donations on behalf of a politician, political party, or charity.
It is forbidden to post links to sites containing pirated software for computers, pirated mobile applications, and other pirated digital products.
It is prohibited to promote services that facilitate the receipt, renewal, replacement, or retrieval of official documents or information accessible directly from public entities or their authorized suppliers.
It is prohibited to place assistance in applications or payment for official services directly provided by State organizations or their authorized providers.
It is forbidden to place help services, forward services, and recorded conversations.
The Administrator prohibits the fraudulent activities of Business Person and Business Space and Consumer, with the purpose of extortion or deception of other individuals and Administrator application ClubKit.

10. Rights and obligations for the Consumer, interaction with Business Owners

Consumer, an individual who becomes a subscriber of the Business Space automatically by invitation directly from the Owner of the Business Space.
The purchases/sales of goods/services/information products are handled by the customer and the seller, the Administrator is not responsible for the transactions between the seller and the buyer.
The consumer may complain to the Business Space/Business Person in the event of a breach of obligations by the other party under this Agreement.
The user can not insult or infringe the rights and identity of other users of the application.
1. A user whose identity or rights have been infringed or insulted by a Business Person or other consumer, and can report this to the app support service.
The Consumer is obliged to report a breach of obligations by the Owner of the Business Space or a violation of the restrictions of the Business Space activities under the current Agreement to the ClubKit Application Support Service.

11. On changes to the User Agreement

The Administrator reserves the right to amend this User Agreement. The Administrator may amend and supplement the agreement. The Administrator undertakes to inform the User of the changes immediately.
1. If the changes are not significant: do not affect the collection of data, the inclusion of additional functions, do not change of rights and obligations of the parties – the User receives a notice inside the application for review. And it is believed that he accepted the changes in the Agreement automatically.
2. In case the changes are significant: impact the collection of data, the inclusion of additional functions, make changes to rights and obligations of the parties — the User receives a notice within the application for review and must confirm reading and accepting the changes in the terms of the User Agreement.

Contacts

The developer – PNN Soft

* Individuals protected against discrimination — is a category of people who are subject to verbal manifestations of hatred. These include statements calling for violence and hostility against individuals or groups on any of the following grounds: age; caste; disability; ethnicity; gender identity and self-determination; Nationality; race; immigration status; religion; sex/gender; sexual orientation; status of victim of a tragedy or relative of the victim; status of the veteran.