Terms of Service

§1 Scope

These General Terms and Conditions apply to all contracts between KAIZEA [Company Legal Name] (hereinafter "KAIZEA" or "Provider") and users (hereinafter "User" or "Customer") of the KAIZEA Performance Platform.

Deviating, conflicting, or supplementary general terms and conditions of the user shall not become part of the contract unless their validity is expressly agreed to in writing.

§2 Scope of Services

KAIZEA offers a cloud-based software solution (SaaS) for managing sports clubs, teams, and athletes, as well as AI-powered performance analysis (KAIZEA Performance System).

The scope of services includes:

• Team and athlete management
• Training and match planning
• Performance data collection
• AI-powered analysis (optional, with consent)
• Statistics and reports
• Data storage and backup

The exact scope of features depends on the chosen subscription plan. KAIZEA reserves the right to expand or modify the platform's functionality through updates.

§3 Contract Formation

The contract is concluded through the user's registration on the KAIZEA platform. By registering, the user submits a binding offer to conclude a user agreement.

KAIZEA accepts the offer by activating the user account. The user receives a confirmation email with access credentials.

Minors (under 18 years old) require the consent of their legal guardians to register. KAIZEA reserves the right to perform age verification.

§4 Usage Rights

KAIZEA grants the user a non-exclusive, non-transferable, revocable right to use the platform for the duration of the contract.

Prohibited uses:

• Sharing access credentials with third parties
• Reverse engineering, decompilation, or disassembly
• Automated data queries (scraping, bots)
• Use for illegal purposes
• Overloading the server infrastructure

All rights to the software, trademarks, logos, and content remain with KAIZEA.

§5 User Obligations

The user agrees to:

• Provide truthful information during registration
• Keep access credentials confidential and protect them from unauthorized access
• Not misuse the platform
• Not upload or distribute illegal content
• Respect the privacy rights of third parties (especially athletes)
• Inform KAIZEA immediately in case of suspected security incidents

In case of violation of these obligations, KAIZEA may block the user's access or terminate the contract without notice.

§6 Payment and Terms

Use of the KAIZEA platform requires payment of the applicable subscription fees. Current prices are available on the website.

Payment terms:

• Billing is monthly or annual (depending on chosen plan)
• Payment by credit card, SEPA direct debit, or invoice
• Access may be blocked in case of payment default
• Price changes will be announced with 30 days notice

Refund: Fees already paid will not be refunded proportionally in case of early termination, unless the user terminates for good cause attributable to KAIZEA.

§7 Term and Termination

The contract is concluded for an indefinite period and can be terminated by either party with 30 days notice to the end of the month.

Termination for Cause:

Either party may terminate the contract without notice for good cause. Good cause includes in particular:

• Violation of material contractual obligations
• Payment default of more than 30 days
• Insolvency of a contracting party
• Serious security incidents

After contract termination, the user account will be deactivated. The user has 30 days to export their data. After that, the data will be deleted in accordance with the privacy policy.

§8 Liability

KAIZEA is liable without limitation for damages resulting from injury to life, body, or health, as well as for damages based on intent or gross negligence.

For slightly negligent breaches of duty, KAIZEA is only liable for violation of essential contractual obligations (cardinal obligations). In these cases, liability is limited to the typically foreseeable damage.

Disclaimer: KAIZEA assumes no liability for:

• Data loss caused by inadequate user data backup
• Damages due to force majeure (e.g., natural disasters, power outages)
• Content uploaded by users
• Availability disruptions by third parties (e.g., hosting providers, internet providers)

§9 Data Protection

The protection of personal data is a top priority for KAIZEA. Processing is carried out exclusively in accordance with the General Data Protection Regulation (GDPR).

Detailed information on data processing can be found in our Privacy Policy.

Insofar as KAIZEA processes personal data on behalf of the user (e.g., athlete data), a separate data processing agreement applies pursuant to Art. 28 GDPR.

§10 Changes to Terms

KAIZEA reserves the right to change these terms with effect for the future, insofar as this is necessary to adapt to changed legal circumstances or to eliminate ambiguities.

Changes will be communicated to the user by email at least 30 days before taking effect. If the user does not object within 30 days, the amended terms are deemed accepted. KAIZEA will inform the user of the right to object and the significance of the deadline in the change notification.

§11 Final Provisions

Applicable Law: The law of the Federal Republic of Germany applies, excluding the UN Convention on Contracts for the International Sale of Goods (CISG).

Place of Jurisdiction: The exclusive place of jurisdiction for all disputes arising from this contract is Kirchheim unter Teck , provided the user is a merchant, legal entity under public law, or special fund under public law.

Severability Clause: Should individual provisions of these terms be or become invalid, the validity of the remaining provisions shall remain unaffected. In place of the invalid provision, a provision shall apply that comes closest to the economic purpose of the invalid provision.