Terms and Conditions
Effective date: January 1, 2024
1. Introduction
These Terms and Conditions ("Terms") govern your use of the KiteHub platform ("Service"), operated by KiteHub a.s. ("we," "us," "our"). By using the Service, you agree to be bound by these Terms. If you do not agree, you may not use the Service.
KiteHub provides a software-as-a-service (SaaS) platform for sports centers, including kiteboarding and other water sports facilities, to manage reservations, rentals, payments, and customer data.
2. Definitions
- Service – The KiteHub SaaS platform, including all web and mobile applications, APIs, and related services.
- User – Any person or entity who uses the Service (includes both Customers and Guests).
- Customer – A sports center or other organization subscribing to the Service.
- Guest – An end-user or client of a Customer who interacts with the Service (e.g., booking, rental).
3. Eligibility
You must be at least 18 years old and have the legal capacity to enter into these Terms. If you use the Service on behalf of a company or organization, you confirm you have the authority to bind that entity to these Terms.
4. Account Registration
- You must provide accurate and complete information when creating an account.
- You are responsible for maintaining the confidentiality of your login credentials.
- You are responsible for all activities under your account.
5. Data Protection and Privacy
- Our handling of personal data is described in our Privacy Policy.
- We act as a data controller for account and billing information and as a data processor for Customer-provided end-user data.
- Customers are responsible for compliance with applicable privacy laws when processing their own clients' data via the Service.
6. Acceptable Use
You agree not to:
- Use the Service for unlawful purposes.
- Attempt to gain unauthorized access to our systems.
- Reverse-engineer, copy, or resell the Service without permission.
- Upload malicious code or interfere with the Service's operation.
7. Intellectual Property
- All software, content, and materials in the Service are owned by or licensed to us.
- You receive a limited, non-exclusive, non-transferable license to use the Service under these Terms.
8. Service Availability
- We strive for high uptime but do not guarantee uninterrupted access.
- Maintenance and updates may temporarily affect availability.
9. Limitation of Liability (Disclaimer)
Important Notice: The Service is provided "as is" and "as available," without warranties of any kind.
We do not guarantee the accuracy, completeness, or timeliness of any data in the Service.
We are not liable for:
- Loss of profits, revenue, or business opportunities
- Data loss (we recommend regular backups)
- Any indirect, incidental, or consequential damages
Our total liability is limited to the amount you paid us in the 12 months prior to the claim.
10. Third-Party Links and Services
The Service may contain links to third-party websites or integrate third-party services. We are not responsible for their content, availability, or practices.
11. Termination
- You may cancel your account or subscription at any time through your account settings.
- We may suspend or terminate access for violations of these Terms or for legal reasons.
- Upon termination, your license to use the Service ends immediately.
12. Governing Law and Jurisdiction
These Terms are governed by the laws of the Czech Republic, without regard to conflict-of-law rules. Any disputes shall be resolved by the courts of the Czech Republic, unless applicable law requires otherwise.
13. Changes to the Terms
We may update these Terms from time to time. We will notify you of significant changes via email or in-app notification. Continued use of the Service after changes means you accept the updated Terms.
Additional Terms for Customers
C1. Subscriptions and Payment
- Subscription plans and fees are described on our pricing page.
- Fees are billed in advance (monthly or annually) and are non-refundable unless stated otherwise.
- Payments are processed securely by third-party providers.
- Late or non-payment may result in suspension or termination of access.
C2. Data Ownership
- You retain ownership of the data you input into the Service.
- By using the Service, you grant us a license to store, process, and display that data as necessary to operate the platform.
C3. Guest Data Responsibility
- You are solely responsible for obtaining consent from your Guests to process their personal data in accordance with applicable laws.
- We are not liable for legal issues arising from your handling of Guest data.
Additional Terms for Guests
G1. Account and Bookings
- Guests may use the Service to book activities, rent equipment, and manage their account.
- Booking terms, cancellation policies, and refunds are determined by the Customer (sports center) and may vary.
G2. Payments
- Payments made through the Service are processed by third-party providers on behalf of the Customer.
- Any disputes regarding charges should be addressed directly with the relevant sports center.
G3. Data Sharing
- By using the Service, you agree that your data may be shared with the specific sports center(s) you interact with.
- Your rights to access, modify, or delete your data are described in our Privacy Policy.
14. Contact