The ManageSportClub Platform
This Agreement is concluded online, through acceptance at the time of Account creation. It does not require any field to be filled in or manually signed.
Contracting Parties
1. THE SERVICE PROVIDER: CAMPUS TIRO S.R.L., with registered office in Bucharest, Sector 5, Strada Sănduliţa, Nr. 53, registered with the Trade Registry under no. J2020002561406, CUI 42302675, account RO25INGB0000999912872264 opened at ING Bank, legally represented by Arapalea Iulian Florea, Administrator, e-mail [email protected], hereinafter referred to as the "Provider".
2. THE BENEFICIARY (THE CLIENT): the individual or legal entity (sports club, association, sports structure, or other entity) that creates an Account on the Platform and accepts this Agreement. The Beneficiary is identified by the identification data provided and stored in their Account at the time of registration, hereinafter referred to as the "Beneficiary".
The Beneficiary's identification data (name, CUI/CIF, registered office, representative, e-mail) are those entered by the Beneficiary upon creating the Account, stored in the Account, and considered an integral part of this Agreement. The Beneficiary is responsible for the accuracy and updating of this data.
Preamble – Method of Conclusion
This Agreement is a standard-form (adhesion) contract concluded online, at a distance. The Beneficiary accepts it expressly and without reservation at the time the Account is created, by checking the acceptance box displayed in the registration form, worded as follows (or similarly):
"I have read and agree to the Terms and Conditions, the Privacy Policy, and the Online Agreement (including the Annex – Data Processing Agreement)."
Checking this box constitutes the Beneficiary's validly expressed consent within the online contract-conclusion procedure and serves as a signature, in accordance with Law no. 365/2002 on electronic commerce (art. 7-9) and EU Regulation no. 910/2014 (eIDAS), producing the same legal effects as a contract signed on paper.
The date and time of acceptance, the IP address, and the selected subscription plan are automatically recorded by the Platform and constitute proof of the conclusion of the Agreement. In addition, payment of the subscription and/or continued use of the service confirms acceptance of this Agreement.
Art. 1 – Subject Matter of the Agreement
1.1. The Provider grants the Beneficiary access, on a subscription basis, to the ManageSportClub online platform for managing sports clubs, in accordance with the selected subscription plan and its corresponding features.
1.2. This Agreement is supplemented by the Terms and Conditions, the Privacy Policy, and the Data Processing Agreement (DPA) (annexed below), which form an integral part of the Agreement and have been accepted by the Beneficiary.
Art. 2 – Term of the Agreement
2.1. The Agreement enters into force on the date of electronic acceptance and is concluded for the duration of the billing period chosen by the Beneficiary (monthly or annual), in accordance with the selected subscription plan.
2.2. The Agreement automatically renews for successive equal periods, at the fee in effect on the renewal date, unless either party cancels it at least 15 days before expiry.
Art. 3 – Price, Method of Payment, and Invoicing
3.1. The price of the services is that corresponding to the chosen subscription plan, displayed on the Platform at the time of purchase, expressed in RON. The Provider is not, as of the date of this Agreement, registered for VAT under art. 310 of the Romanian Fiscal Code; should this change, VAT will apply and be shown separately on invoices, at the legal rate in force on the invoicing date.
3.2. Payment is made in advance, for each subscription period, by bank card, through the Stripe payment processor. For recurring card payments, the Beneficiary expressly authorizes automatic debiting upon each renewal.
3.3. Electronic invoicing. The Provider issues an electronic invoice for each period. The Beneficiary expressly agrees to the issuance and transmission of invoices exclusively in electronic format (e-mail and/or in the Account), in accordance with art. 319 of Law no. 227/2015 (Fiscal Code). The electronic invoice has the same legal and evidentiary value as a paper invoice. Invoices are also transmitted through the national RO e-Invoice (e-Factura / SPV) system, in accordance with applicable legal requirements.
3.4. The invoice is deemed accepted if the Beneficiary does not dispute it in writing within 5 days of receipt.
3.5. Late payment. For non-payment by the due date, the Provider may charge penalties of 0.1% per day of delay and may suspend access in accordance with Art. 6.
Art. 4 – Price Changes
4.1. The Provider has the right to modify prices, including by increasing them, for future subscription periods.
4.2. Any price increase will be notified to the Beneficiary at least 30 days before it takes effect, by e-mail and/or notification in the Platform.
4.3. The new price applies starting with the first renewal following the notice period. Continued use and/or renewal of the subscription after notification constitutes acceptance of the new price.
4.4. If the Beneficiary does not accept the new price, the Beneficiary may cancel the Agreement without penalties, by written notice sent before the date on which the increase takes effect; the Agreement ends at the end of the already-paid period.
4.5. Adjustments resulting from legislative, tax, or exchange-rate changes may be applied with a shorter notice period, to the extent permitted by law.
Art. 5 – Obligations of the Parties
5.1. The Provider undertakes to:
- ensure access to the Platform for the duration of the subscription;
- make reasonable efforts to ensure the availability and security of the service;
- provide technical support in accordance with the chosen plan;
- process personal data in accordance with the GDPR and the DPA.
5.2. The Beneficiary undertakes to:
- pay the fees on time;
- use the Platform in accordance with the Terms and Conditions;
- provide real and up-to-date data;
- as Controller of the Club Members' data, hold a legal basis for entering and processing this data (including informing data subjects and, where applicable, obtaining consent), and comply with its obligations under the GDPR;
- keep access credentials confidential.
Art. 6 – Suspension and Termination
6.1. The Provider may suspend access in the event of non-payment, after 7 days' notice, or in the event of a breach of the Terms.
6.2. The Beneficiary may cancel the Agreement at any time, effective at the end of the paid period. Amounts paid in advance for the current period are not refunded, except in situations mandatorily provided for by law.
6.3. The Provider may terminate the Agreement with 30 days' notice, refunding the unused portion of the subscription.
6.4. Upon termination, access is deactivated, and data may be exported by the Beneficiary within 30 days, after which it is deleted in accordance with the retention policy.
Art. 7 – Contractual Liability
7.1. The Provider's total cumulative liability is limited to the value of the amounts paid by the Beneficiary in the last 12 months prior to the damaging event.
7.2. The Provider is not liable for indirect damages, lost profits, or data loss attributable to the Beneficiary or third parties.
7.3. The limitations do not apply where liability cannot legally be excluded.
Art. 8 – Confidentiality
8.1. The parties shall keep confidential the business information to which they have access in the performance of the Agreement, for its duration and for 2 years after termination, except for public information or information whose disclosure is required by law.
Art. 9 – Protection of Personal Data
9.1. The parties process data in accordance with the GDPR. For the Club Members' data, the Beneficiary is the Controller, and the Provider is the Processor, in accordance with the Data Processing Agreement (DPA) annexed below, an integral part of the Agreement.
Art. 10 – Force Majeure
10.1. Force majeure, proven in accordance with the law, releases from liability the party invoking it, for the duration and to the extent of its effects.
Art. 11 – Governing Law and Disputes
11.1. The Agreement is governed by Romanian law. This Agreement applies exclusively to legal entities and professionals (sports clubs, associations, sports structures, or other entities); the Platform is not intended for individual consumers. Disputes not settled amicably shall be subject to the courts competent at the Provider's registered office.
Art. 12 – Final Provisions
12.1. Any amendment shall be communicated in accordance with the Terms and Conditions.
12.2. This Agreement, the Terms and Conditions, the Privacy Policy, and the DPA constitute the entire agreement between the parties and supersede any prior understanding.
12.3. The electronic acceptance of this Agreement was carried out by the Beneficiary on the date and at the time automatically recorded by the Platform, which serves as a signature.
This Agreement is deemed concluded and electronically signed at the moment the acceptance box is checked and the Account is created.
Annex – Data Processing Agreement (DPA)
in accordance with art. 28 of EU Regulation 2016/679 (GDPR)
1. Parties and Roles
- The Controller: the Beneficiary (the Club) – determines the purposes and means of processing the Club Members' data.
- The Processor: the Provider – processes the data solely on behalf of and in accordance with the Controller's instructions.
2. Subject Matter and Duration
Processing is carried out for the duration of the Agreement, for the purpose of providing the Platform.
3. Nature and Purpose of Processing
Storage, organization, structuring, consultation, and management of members' data for the purposes of the Platform's features (member management, trainings, communication, internal payments, etc.).
4. Categories of Data Subjects
Club members: athletes, coaches, staff, parents/legal representatives (including, where applicable, minors – special attention required regarding the legal basis).
5. Categories of Data
Identification and contact data, data regarding sporting activity, medical data (including documents/photos of medical clearance certificates, allergies, blood type) – special category of data under art. 9 GDPR, processed on the basis of the explicit consent of the data subject or their legal representative, with additional security measures, payment data.
6. Obligations of the Processor (the Provider)
- processes data only in accordance with the Controller's documented instructions;
- ensures confidentiality (authorized persons are bound by confidentiality obligations);
- implements appropriate technical and organizational measures (art. 32 GDPR);
- assists the Controller in responding to data subjects' requests and with the obligations under art. 32-36;
- notifies the Controller without undue delay in the event of a security breach;
- upon termination, deletes or returns the data, at the Controller's choice;
- makes available to the Controller the information necessary to demonstrate compliance and allows reasonable audits.
7. Sub-processors
The Provider may engage sub-processors (hosting, e-mail, payments), imposing the same obligations on them, and shall inform the Controller of any change, providing the opportunity to object. List of sub-processors: hosting: Contabo GmbH (Germany); e-mail: Contabo GmbH (Germany); payments: Stripe.
8. International Transfers
Hosting and e-mail services (Contabo GmbH) run in Germany, within the European Economic Area. The payment processor (Stripe) may transfer data outside the EEA; these transfers are protected by standard contractual clauses (SCCs) approved by the European Commission.
9. Liability
Each party is liable for its own obligations under the GDPR.