PLATFORM TERMS OF SERVICE (B2B) — Kaylo.cc
These Platform Terms of Service ("Terms") govern access to and use of the Kaylo.cc Platform. These Terms are a legally binding agreement between FOP YUSHCHENKO OLEKSANDR SERHIIOVYCH (Tax ID: 3431104630, State Register entry: 23.08.2019, 2 480 000 0000 232410) ("Kaylo", "we", "Service Provider") and the sports academy, club, or tournament organizer ("Academy", "You", "Customer") registering on the Platform.
1. DEFINITION OF TERMS
1.1. Platform — Software as a Service (SaaS), hosted at kaylo.cc, providing tools for automation and management of sports organizations.
1.2. Academy — a legal entity or individual entrepreneur using the Platform for its business operations.
1.3. User — a player, parent/guardian of a player, coach, or referee who has gained access to the Platform through the Academy.
1.4. Ledger — the Platform's internal accounting system that records the volume of services consumed and the financial history of the Academy's interaction with the Platform.
1.5. Kaylo Coins — virtual points within the Platform used for gamification.
2. SUBJECT OF THE AGREEMENT
2.1. Kaylo grants the Academy a limited, revocable, non-exclusive license to access the Platform's features on a subscription basis.
2.2. The Platform is provided on an "as is" and "as available" basis.
3. DATA SECURITY AND ISOLATION
3.1. Kaylo ensures architectural data isolation (Tenant Isolation). This means that your Academy's data (players, training, finances) is logically separated from the data of other academies on the Platform and is inaccessible to them.
4. ROLES AND PERSONAL DATA PROTECTION
4.1. In relations regarding the processing of Users' personal data:
- The Academy acts as the Data Controller of personal data.
- Kaylo acts as the Data Processor of personal data, following the Academy's instructions.
4.2. Consent of Minors: The Academy is fully responsible for obtaining and storing proper consents from parents or legal guardians before entering any data about minors (aged 2 to 18) into the Platform.
4.3. By using the Platform, the Academy guarantees that it has legal grounds for processing the data of its players and employees.
5. FINANCIAL RELATIONS AND PAYMENTS
5.1. Relations with Parents: All payments for training, memberships, uniforms, or participation in tournaments are made directly between the User (Parents) and the Academy.
5.2. No Liability of Kaylo: Kaylo is not a party to financial agreements between the Academy and Users. We are not responsible for the collection of these funds, their intended use, or refunds to Users.
5.3. The Platform displays balances and transactions solely for the purpose of automating the Academy's accounting.
6. KAYLO COINS
6.1. Kaylo Coins are exclusively an internal gamification tool.
6.2. No Monetary Value: Kaylo Coins have no real monetary value, are not a currency, electronic money, or a financial asset. They cannot be exchanged for money or any real value outside the Platform.
7. BILLING AND PAYMENT FOR SAAS SERVICES
7.1. The cost of Kaylo services is calculated based on Ledger data, reflecting the activity and volume of Platform resource usage by the Academy.
7.2. The Academy undertakes to pay invoices in a timely manner according to the selected tariff plan.
8. SUSPENSION AND TERMINATION
8.1. Kaylo reserves the right to suspend the Academy's access (Suspension) in the event of:
- payment arrears for services exceeding 7 calendar days;
- suspicion of fraud or violation of Platform security;
- failure to provide evidence of obtaining parental consents for the processing of children's data.
8.2. The agreement may be terminated by either party by giving 30 days' written notice prior to the termination date.
9. LIMITATION OF LIABILITY
9.1. Kaylo shall not be liable for any indirect, incidental, or punitive damages, including loss of profit, data, or reputation, arising from the use or inability to use the Platform.