Terms of Service

1. Service Provider

The service is provided by Bartosz Olchówka, a sole proprietorship (JDG) registered at: ul. Reja 55/54, 50-343 Wrocław, Poland, VAT ID: PL8451894280 (hereinafter: "ClubSystem" or "Provider").

Contact: contact@clubsystem.app

2. Scope of Service

ClubSystem is a software-as-a-service (SaaS) platform for running a billiard club or another sports venue, including its reservations. The current scope of features is described at clubsystem.app/features/ and may change.

Using the service requires a current web browser and an internet connection; light control also requires a computer running Windows on the Club's local network.

Part of the service may run as the Provider's software installed on the Club's computer, for example light control. The Provider may install, update and diagnose it remotely or on site. For this purpose the Club grants the Provider standing remote access to that computer. The Provider uses it solely to provide the service and is not responsible for other programs and data on that computer.

3. Registration and Conclusion of Agreement

The service agreement is concluded upon completion of the registration process and confirmation of the email address by the Customer. Registration requires acceptance of these Terms of Service and the Privacy Policy.

The service is available to natural persons conducting business activity or legal entities (hereinafter: "Club" or "Customer"). The Club enters into the agreement in the course of its business. The agreement is of a professional nature for the Club, as it concerns the running of its venue.

The Club protects its means of access to the service: logins, passwords, PINs and fobs, and assigns them to specific people. The Provider is not liable for the consequences of access by an unauthorised person that results from a lack of such protection.

4. Free Trial Period

Upon registration, the Customer receives a free trial period of 14 days from the date of account activation (email address confirmation).

The Provider may extend the trial period. If the Club does not activate a paid subscription by the end of the trial period, the agreement expires and Section 9 applies to the Club's data. Activating a subscription after that date means the agreement is concluded anew, on the Terms in force on that day.

5. Subscription and Fees

Using ClubSystem after the trial period requires a paid subscription. Current pricing is available at clubsystem.app/pricing/.

The billing model consists of a fee for the Club and a rate per station:

• a fee for the Club, independent of the number of stations,
• a rate for each station of the Club,
• the Lighting module is optional; when it is active, a light control surcharge is charged for each station wired to a lighting controller,
• the fee is charged monthly, upfront at the beginning of each billing period.

A station is any resource the Club keeps in the system — a table, a dart board, a booth, a lane or any other resource — regardless of its type and regardless of whether it is available for online booking. A station excluded from online booking is still a station; only a station deleted from the system is not charged.

The equipment needed to use the service, in particular the computer for the Club's staff, the lighting controllers and the internet connection, is provided and maintained by the Club at its own cost. Section 8 describes how responsibility for equipment and software is divided.

The Provider reserves the right to modify pricing with 30 days' notice communicated to the Customer via email.

6. Payments and Invoices

Subscriptions are handled by the Stripe payment operator. For Clubs in Poland the Provider issues invoices in the National e-Invoicing System (KSeF); other Clubs receive them electronically.

Failure to pay on time may result in restricted access to the service, including light control and the software installed on the Club's computer. The Provider gives at least 7 days' notice of this by email; a restriction applied after such notice is in accordance with the agreement. The Provider may charge statutory interest for late payment.

7. Club Data and Rights to the Software

Data entered by the Club into the system (including the Club's end-customer data, reservation history, and configuration) belongs to the Club. The Provider processes this data solely for the purpose of providing the service, in accordance with the Privacy Policy and the Data Processing Agreement (DPA). The Club does not enter unlawful content into the system.

The ClubSystem software, including the part installed on the Club's computer, is the Provider's work and remains its exclusive property. For the term of the agreement the Club receives a non-exclusive, non-transferable licence to use the software for running its own venue. The licence covers installing and running the software on the Club's computer referred to in Section 2, reproducing it to the extent necessary to install and run it, and using the service through a web browser. Installation on the Club's equipment transfers no rights to the Club beyond this licence. The Club does not copy, modify, decompile or make the software available to third parties beyond what copyright law permits; changes to the software are made only by the Provider. The Club does not disable, remove or change the configuration of the installed software without agreeing it with the Provider. The licence ends with the agreement, and the Provider may then remotely disable or remove the software from the Club's computer; the Club allows this or removes the software itself at the Provider's request.

8. Availability and Liability

8.1. Availability

The Provider uses reasonable efforts to keep the service available and working correctly, but does not guarantee uninterrupted or error-free operation. The service relies on third-party infrastructure, among others hosting, networks, the payment operator and SMS gateways, whose failures are beyond the Provider's control. Maintenance work and failures may temporarily limit the availability of the service.

The Club reports faults in the service and complaints to contact@clubsystem.app. The Provider answers a complaint within 14 days of receiving it.

The Provider backs up the data, usually once a day, and restores it from the backup in the event of a failure. Data entered after the latest backup may be lost.

8.2. The Club's equipment and the Provider's software

The Club is responsible for the equipment and the environment the service runs in: the computer, the lighting controllers, the electrical installation, the local network, the power supply and the internet connection, including their working order, configuration and security, and for the correct time on the computer. Everything on the Club's side other than the ClubSystem software, including the selection, installation and inspection of the equipment and the compliance of the electrical installation with regulations, is the Club's responsibility. The Provider naming equipment that works with the service is not a guarantee that it will work.

The Provider is responsible for the ClubSystem software: for the application logic and for fixing its defects, provided that the Club's equipment and environment work correctly. The Provider is not liable for the consequences of a failure, misconfiguration, switching off or disconnection of the Club's equipment, its power supply or its network, for the operation of the equipment itself, or for the consequences of changes the Club makes to the installed software.

The Club keeps a fallback way of controlling the station lighting that is independent of the service, for example switches or another program, and uses it when the service is not working. The Provider is not liable for lack of light or its consequences while the service is not working. If another program or device also communicates with the lighting controller, the Provider does not guarantee that light control works correctly.

8.3. Limitation of liability

The Provider is not liable for lost revenue or profit, downtime of the Club's business or any other indirect damage, including damage resulting from the unavailability or malfunction of the service or from decisions made on the basis of data from the system.

The playing time and the bill calculated by the service are an aid; the price for a guest is set by the Club's price list and staff. The Club is responsible for settling with its guests and for third-party claims arising from its use of the service.

The Provider's total liability to the Club, whatever its legal basis, is limited to one month's fee for the service under the price list.

No limitation or exclusion of liability in these Terms applies to damage caused intentionally.

8.4. SMS delivery

SMS messages are delivered through third-party SMS gateways, listed as sub-processors in the Data Processing Agreement, and mobile network operators. The Provider does not guarantee the delivery or the delivery time of any message and may change the gateway used at any time.

At the Club's request, the Provider may set a custom sender name. The Club is responsible for being entitled to use that name and for the name not infringing the rights of third parties. A message may be sent under the Provider's default sender name.

SMS messages cannot be replied to; replies from end customers are not delivered.

9. Termination and Club Data

The agreement is concluded for an indefinite period. The Club may terminate it at any time, with effect at the end of the paid billing period in which the notice is given. The unused portion of the billing period is non-refundable. Once the agreement ends, access to the service may be restricted.

The Provider may discontinue the service with 30 days' notice, communicated to the Customer by email.

The Club may request an export of its data no more than once per billing period, and once more after the end of the agreement, no later than 30 days after it ends. The Provider hands the data over in electronic form within 30 days of the request. At the Club's request the Provider deletes its data, unless the law requires it to be kept. Once 30 days have passed since the end of the agreement, the data may be permanently deleted, but not before an export requested in time has been handed over.

The Provider may terminate the agreement with immediate effect in the case of a serious breach of these Terms by the Customer, including: violation of law, attempted unauthorized access to the system, provision of access to unauthorized persons, or non-payment for more than 30 days past the due date.

10. Personal Data Protection

The principles for processing personal data are described in the Privacy Policy.

The Provider acts as a data processor for the Club's end-customer personal data (within the meaning of Art. 28 GDPR) and acts solely on the documented instructions of the Club as data controller. By accepting these Terms of Service, the Club simultaneously enters into the Data Processing Agreement, which forms an integral part of the Service agreement.

11. Force Majeure

Neither party shall be liable for failure or delay in performance of its obligations if such failure is caused by circumstances beyond that party's control (force majeure), including: natural disasters, war, cyberattacks on critical infrastructure, power or internet connectivity outages.

The party affected by force majeure must promptly notify the other party of such circumstances.

12. Governing Law and Jurisdiction

These Terms of Service are governed by Polish law. Any disputes arising from the agreement shall be resolved by the parties amicably where possible. In case of disagreement, the court with jurisdiction over the Provider's registered office — a court in Wrocław, Poland — shall have jurisdiction.

13. Changes to Terms

The Provider may change these Terms. Changes take effect 14 days after they are sent to the Club by email; changes in the Club's favour or of an editorial nature may take effect on the day they are published. A Club that does not accept the changes may terminate the agreement before that day; the previous Terms then apply until the agreement ends. Changes accepted earlier bind the Club from the moment of acceptance.

14. Final Provisions

This version of the Terms of Service applies to new Customers from the day it is published, and to existing Customers as set out in Section 13 in the wording in force on the day the notice of the change is sent.

Individual arrangements between the Provider and the Club recorded in documentary form, for example in an offer or an email, take precedence over these Terms to the extent they differ from them.

Matters not regulated by these Terms are governed by the Polish Civil Code, the Act on Providing Electronic Services, and the GDPR.

If any provision of these Terms proves invalid or unenforceable, the remaining provisions remain in force.

The Polish language version of these Terms is available at clubsystem.app/pl/regulamin/. In case of any discrepancy between the versions, the Polish version prevails.