Terms of Service

ClubiMotion is operated by Andrei Covaliov, a sole trader (autónomo) established in Spain, reachable at [email protected]. In these terms, "we" and "us" mean that operator, and "you" means the club and the people who hold accounts for it.

ClubiMotion is a training-management application for swimming clubs. It holds an athlete roster, organises athletes into squads and groups, records attendance, and lets a coach build and schedule training sessions.

The service is currently provided as a supervised pilot, free of charge. It is a working product rather than a demonstration, but it is early: features are added and changed, and parts of the interface are visibly marked as not yet available. If paid plans are introduced, they will be agreed with your club in advance and separately from these terms.

An account belongs to a named adult acting for a club, either as a club administrator or as a coach. You must be at least 18 years old. Athletes and their families do not receive accounts and do not sign in.

You are responsible for keeping your password confidential and for what is done under your account. If you have reason to think someone else has gained access to it, change the password and tell us.

A club administrator who invites a coach is responsible for that invitation being appropriate, and for removing access when a coach leaves the club.

Your club decides what athlete data to record and why, which makes your club the data controller and us the processor acting on its instructions. That allocation is not a formality — it determines who answers a family that asks a question. Your club is responsible for the following.

• Having a lawful basis for every athlete record it enters, and being able to show what that basis is.
• Obtaining and recording guardian permission where the law requires it, in particular for athletes under 14, for whom the holder of parental authority or guardianship must consent.
• Giving athletes and their families the information they are entitled to about how their data is used.
• Meeting its own child-protection obligations under Spanish law, including appointing a safeguarding delegate where that is required of it.
• Keeping the data-protection contact given at registration accurate and monitored, so that a notice sent to it reaches somebody.
• Answering requests from athletes and families about their data, with our support where the request needs it.

We process athlete data only on your club's instructions, for the purposes described in the privacy notice, and for no purpose of our own. Where no separate data processing agreement has been signed, these terms together with the privacy notice form that agreement between us.

The limits below exist mainly because the service holds records about children, and a few of them would be unremarkable elsewhere.

• Do not enter data about a person your club has no lawful reason to hold.
• Do not enter health, medical or other special-category information anywhere in the service. No field is provided for it, and typing it into a field meant for something else defeats the protections built around its absence.
• Do not attempt to reach another club's data, or to bypass the authentication and authorisation controls.
• Do not use the service to send unsolicited messages, or for any unlawful purpose.
• Do not probe, scan or load-test the service without our written permission.
• Do not resell the service, or make it available to a third party as though it were your own.

We aim to keep the service available and to restore it quickly when it is not, but during the pilot there is no service-level guarantee. The service may be unavailable for maintenance, during a deployment, or because of a fault.

Your club's data belongs to your club. We do not sell it, do not use it for advertising, and do not use it to train machine-learning models.

If your club closes its account, a copy of its data is made available to the club before that data is deleted or irreversibly anonymised. Start that from the account-closure flow in the application, or by writing to us, and allow reasonable time for it to be prepared.

Keep your own copies of anything you cannot afford to lose. Backups exist so that we can recover the service, and they are not a substitute for records your club needs to hold in its own right.

You may stop using the service at any time, and a club administrator can request account closure from within the application.

We may suspend or end access if these terms are seriously or repeatedly breached, if the service is used unlawfully, or if continuing would put athletes' data at risk. Where the circumstances allow it, we will tell you first and give you an opportunity to put the problem right.

If a subscription lapses, the service becomes read-only: existing data stays readable but new entries cannot be saved until the subscription is put right. If a subscription is cancelled, access closes except for the export window described in the application.

The application, its interface, its design and its underlying code are ours. Holding an account grants permission to use the service, and transfers none of that ownership. Your club's own data remains your club's throughout.

The service is provided as it is. During the free pilot we exclude liability to the fullest extent the law allows, and our total liability to a club is limited to the amount that club has actually paid for the service — which, during the pilot, is nothing.

Nothing in these terms excludes or limits liability that cannot lawfully be excluded. That includes liability for death or personal injury caused by negligence, liability for fraud, and our own liability under data protection law for our role as processor.

These terms may change as the service develops, and the date at the top shows when they last did. Club administrators will be told about material changes before those changes take effect. Continuing to use the service after a change has taken effect means the change is accepted.

These terms are governed by Spanish law, and disputes arising from them fall to the courts of Spain. If you use the service as a consumer, this does not deprive you of protections available to you under the law of the country where you live.

The supervisory authority for data protection is the Agencia Española de Protección de Datos, at www.aepd.es.