Terms of Service

1. Introduction

These Terms of Service ("Terms") govern access to and use of Sportivi (the "Service"), a platform that helps sports clubs onboard members, organise groups and activities, take attendance and send notifications. The Service is operated by Eccella, a partnership established in Malta (VAT no. MT3270-3921) ("Eccella", "Sportivi", "we", "us"). "Sportivi" is a trading name of Eccella.

By creating an account, administering a club, or otherwise using the Service, you agree to these Terms. If you accept on behalf of a club, you confirm you are authorised to bind it.

2. Definitions

• Club — a sports club/organisation using the Service to manage members.
• User — any individual using the Service (manager, coach, athlete, parent/guardian).
• Manager / Coach / Athlete / Parent-Guardian — roles as described in Section 5.
• Child (or minor) — a person under the age of 18.
• Profile — a record representing a person. One Profile is a single shared identity that can be a member of several Clubs at once. A Profile may exist without a User account ("managed"/"unclaimed") until claimed. While unclaimed and created by a Club, a Profile forms part of Club Data (the Club is controller); once claimed by the person or their parent/guardian, it forms part of Identity Data (Sportivi is controller).
• Identity Data — the cross-club identity layer: account credentials, and the name, date of birth, avatar and contact email of claimed Profiles and accounts, together with the links between an account, its Profile and the Clubs it is a member of. Sportivi is the controller of Identity Data.
• Club Data — data a Club determines and generates for its own activities (role/membership, attendance, RSVPs, groups, payments, communications, the Club's forms and submissions), and the data of unclaimed Profiles the Club creates. The Club is the controller of Club Data and Sportivi is its processor.

3. The Service

Sportivi enables Clubs to register and onboard members, organise groups, create activities and record attendance and RSVPs, record membership payments, and send notifications. The Service may evolve; we will give reasonable notice of material adverse changes to core functionality where practicable.

Sportivi is a software tool only. It does not organise, run, supervise or take part in any training, activity or event. Clubs are solely responsible for the activities they arrange, including the safety, supervision and conduct of those activities and the participants in them.

4. Accounts and eligibility

You must create a User account with a valid email and password, and keep your credentials confidential. Accounts are intended for adults. A child may have their own account only with the consent of a parent or guardian, who remains responsible for the child's use of the Service; that consent is given and verified through the parent/guardian account that creates or links the child's account. A child may also participate through a Profile managed by a Club and/or a parent or guardian. You agree to provide accurate information.

5. Profiles, roles, claiming and the shared identity

The Service separates Profiles (records about people) from User accounts (logins).

• A single Profile is one shared identity that can be a member of more than one Club, each through its own separate membership.
• A Profile can be claimed by a User via an invitation, after which the User controls it; a child's Profile can be claimed and managed by a parent/guardian.
• Once a Profile is claimed (or is a managed/child Profile), a Club manager can no longer edit its personal details — control passes to the User or guardian.
• Roles: Managers administer a Club; Coaches manage attendance for assigned groups/activities; Athletes are members (adult or child); Parents/Guardians act for child members.

You must not create, claim or link Profiles you are not entitled to manage. You acknowledge that, because a Profile is a shared identity, Clubs are not fully siloed at the identity level, as described in the Privacy Policy.

6. Data protection roles

Reflecting how the Service works (and subject to confirmation by the parties' legal advisers):

• Sportivi is the controller of Identity Data — your account and cross-club identity — as described in the Privacy Policy.
• The Club is the controller of Club Data, and Sportivi is the Club's processor, governed by the Data Processing Agreement (DPA), which forms part of these Terms.
• An unclaimed Profile a Club creates is Club Data (the Club is controller) until it is claimed, at which point it becomes Identity Data (Sportivi is controller).

The Club is responsible for having a valid legal basis for Club Data, for providing privacy information to its members, and for obtaining any consent required — including for children's data and health-related information (e.g. recording sick/injured status). The Club is solely responsible for the content of the forms it creates and what it collects through them; Sportivi does not control or use that content for its own purposes. The Club must not collect special-category data without an appropriate Article 9 condition.

7. Acceptable use

You agree not to use the Service unlawfully; upload illegal, harmful or infringing content; attempt unauthorised access to the Service or others' data; disrupt the Service or its security; or send spam. You must comply with applicable law, including data-protection and safeguarding obligations relating to minors.

8. Communications

Clubs may send notifications and broadcasts and are responsible for their lawfulness and for recipients' basis to receive them. We may send you service and transactional messages necessary to operate the Service.

9. Third-party services

The Service relies on third-party providers (database/authentication, email delivery, form rendering). We are not responsible for third-party services beyond our reasonable control, but remain responsible for our processors as set out in the DPA.

Payments between Clubs and their members. Sportivi does not process or handle payments. Where a payment is recorded in the Service, Sportivi stores only the payment information entered (such as amount, method and reference) — it does not collect or process the payment itself. A Club may choose to collect payments online by connecting its own payment provider (for example, Stripe) to a registration form. In that case the payment and any card details are handled by that provider under the Club's own arrangement with it; Sportivi does not receive, hold or process the payment or card details.

10. Intellectual property

The Service (software, design, content — excluding Identity Data and Club Data) is owned by Eccella. We grant a limited, non-exclusive, non-transferable right to use the Service per these Terms. You retain rights in content/data you submit and grant us the limited licence needed to host and process it to provide the Service.

11. Disclaimers

To the maximum extent permitted by law, the Service is provided "as is" and "as available" without warranties of any kind. We do not warrant it will be uninterrupted or error-free. This does not exclude rights that cannot be excluded under Maltese or EU law.

12. Limitation of liability

To the maximum extent permitted by law, we are not liable for indirect, incidental, special or consequential damages, or loss of data, profit or goodwill.

To the maximum extent permitted by law, Sportivi is not liable for any injury, loss or damage arising from activities organised, run or supervised by a Club or its members, whether or not those activities were arranged or communicated using the Service.

Nothing in these Terms limits liability that cannot be limited by law, such as liability for death or personal injury caused by our own negligence, or for fraud.

13. Term, suspension and termination

These Terms apply while you use the Service. We may suspend or terminate access for material breach or where required by law, with notice where practicable. On termination, and subject to the DPA and retention obligations, Club Data is deleted or returned per the Club's instructions and the Privacy Policy; some data may be retained where legally required (e.g. financial records).

14. Data protection documents

Our handling of personal data is described in the Privacy Policy (Identity Data, Sportivi as controller) and the Data Processing Agreement (Club Data, Sportivi as processor), both forming part of these Terms. Regarding Club Data, the DPA prevails in case of conflict.

15. Changes

We may update these Terms and will notify Users of material changes via the Service or email, updating the date above. Continued use after changes take effect is acceptance.

16. Governing law and jurisdiction

Governed by the laws of Malta; the courts of Malta have exclusive jurisdiction, without prejudice to mandatory consumer rights.

17. Contact

Eccella (trading as Sportivi) — support@sportivi.eu