1. Introduction and Acceptance
Welcome to AgilityFinder, a comprehensive platform connecting the dog agility community worldwide. These Terms of Service ("Terms", "Agreement") constitute a legally binding agreement between you ("User", "you", "your") and AgilityFinder ("we", "our", "us", "Company") regarding your access to and use of:
- Our website at https://agilityfinder.com
- Our ClubManager App (for clubs and instructors)
- Our AgilityFinder User App (for dog owners and agility practitioners)
- All related services, features, and content (collectively, the "Services")
This Agreement is effective immediately upon your first use of the Services and remains in effect until terminated in accordance with these Terms.
2. Services Description
AgilityFinder operates as a comprehensive ecosystem for the dog agility community, offering:
2.1 ClubManager App
- Facility and class management tools for agility clubs
- Member registration and enrollment systems
- Schedule management and capacity planning
- Payment processing and subscription management
- Communication tools for member outreach
- Performance analytics and reporting
2.2 AgilityFinder User App
- Club discovery and search functionality
- Class browsing and enrollment
- Profile management for users and their dogs
- Training progress tracking
- Community features and communication
- Location-based recommendations
2.3 Platform Integration
Our Services are designed to facilitate connections between clubs and individual users, creating a seamless experience for the entire agility community.
3. Eligibility and Account Registration
3.1 Age Requirements
- General Use: You must be at least 13 years old to use our Services
- Club Management: You must be at least 18 years old to register as a club manager
- Minors (13-17): Must have parental consent to create an account
- Children Under 13: Our Services are not intended for children under 13. If we discover that a child under 13 has provided personal information, we will delete such information immediately
3.2 Account Registration
To access certain features of our Services, you must create an account by providing:
- Accurate, current, and complete information
- A valid email address
- Secure login credentials
- Any additional information required for verification
3.3 Account Responsibilities
You are responsible for:
- Maintaining the confidentiality of your account credentials
- All activities that occur under your account
- Updating your information to keep it accurate and current
- Immediately notifying us of any unauthorized use of your account
- Ensuring compliance with these Terms by anyone using your account
4. DATA SHARING (Parte contractual - cuando te unes a clubs)
4.1 Data Sharing When Joining Clubs
When you apply for membership or enroll in classes at agility clubs through our Services, you explicitly consent to the following data sharing:
Information Shared with Clubs
- Contact Information: Your name, email address, phone number, and WhatsApp contact (if provided)
- Dog Information: Breed, age, experience level, and any medical information you choose to share
- Profile Photos: Your profile picture and dog photos (if uploaded)
- Emergency Contact: Emergency contact information for safety purposes
- Training History: Previous class attendance and experience level
Purpose of Data Sharing
Your personal data is shared with clubs exclusively for:
- Processing your membership application
- Facilitating class enrollment and attendance
- Enabling direct communication regarding classes and activities
- Ensuring safety during training sessions
- Maintaining accurate records for club administration
Consent and Control
- Explicit Consent: Data is only shared after you explicitly apply to join a specific club
- Club-Specific: Information is shared only with clubs you have applied to join
- Withdrawal of Consent: You may withdraw consent and request data deletion at any time
- Data Accuracy: You can update your information through your account settings
Club Responsibilities
Clubs receiving your data must:
- Use your data only for the purposes stated above
- Implement appropriate security measures to protect your information
- Comply with applicable data protection laws (GDPR, etc.)
- Not share your data with third parties without your explicit consent
- Delete your data upon request or when no longer needed
5. Subscription Plans and Payment Terms
5.1 User App
Free for all agility practitioners and dog owners
- Club discovery and search
- Class browsing and enrollment
- Basic profile management
- Community features
5.2 Billing and Automatic Renewal
- Automatic Renewal: All subscriptions automatically renew at the end of each billing period unless canceled
- Payment Authorization: By subscribing, you authorize us to charge your chosen payment method for all applicable fees
- Price Changes: We may modify subscription prices with 30 days' advance notice
- Payment Failure: If payment fails, we may suspend your subscription after 7 days
- Taxes: All prices are exclusive of applicable taxes, which you are responsible for paying
5.3 Cancellation Policy
- Cancellation: You may cancel your subscription at any time through your account settings
- Effective Date: Cancellations are effective at the end of the current billing period
- Access Termination: After cancellation, you lose access to premium features but retain basic account access
- Data Retention: Your data is retained according to our Privacy Policy and legal requirements
5.4 EU Consumer Withdrawal Rights
If you are located in the European Union, you have the right to withdraw from your subscription within 14 days of purchase without giving any reason, in accordance with EU Directive 2011/83/EU. To exercise this right:
- Contact us at support@agilityfinder.com within 14 days
- We will process your refund within 14 days of receiving your withdrawal notice
- If you have used the service, you may be charged for the proportional use
- Refunds will be made using the same payment method you used for the original transaction
5.5 Non-Renewal Consequences
If your ClubManager subscription is not renewed:
- Associated classes will be automatically canceled after 7 days from license expiration
- Member access to club-specific features will be suspended
- Data export capabilities will be available for 30 days post-expiration
- Reactivation may require a new setup fee
6. Refund Policy
6.1 Standard Refund Terms
- Refund Period: Full refund available within 14 days of initial purchase
- Eligibility: Refunds apply to first-time subscriptions only
- Process: Contact support@agilityfinder.com to request a refund
- Processing Time: Refunds processed within 5-10 business days
6.2 Exceptional Circumstances
Refunds outside the standard policy may be considered for:
- Technical issues preventing service use
- Billing errors or unauthorized charges
- Service unavailability for extended periods
- Other exceptional circumstances at our discretion
7. User Content and Intellectual Property
7.1 User-Generated Content
You may upload, post, or provide content through our Services, including:
- Profile photos and dog photos
- Training videos and progress updates
- Reviews and comments
- Club information and promotional materials
- Class descriptions and schedules
7.2 Content Ownership and License
- Your Ownership: You retain ownership of all content you create and upload
- License to Us: By uploading content, you grant AgilityFinder a non-exclusive, worldwide, royalty-free, sublicensable license to use, store, display, reproduce, and distribute your content solely for:
- Providing and improving our Services
- Facilitating connections between users and clubs
- Marketing and promoting our Services (with your consent)
- Legal compliance and safety purposes
- Content Removal: You may remove your content at any time, and we will cease using it promptly
- Backup Retention: Technical backups may retain content for up to 90 days after removal
7.3 Content Standards and Representations
By uploading content, you represent and warrant that:
- You own or have the necessary rights to the content
- Your content does not violate any third-party rights
- Your content complies with these Terms and applicable laws
- Your content is accurate and not misleading
7.4 Our Intellectual Property
- Platform Ownership: AgilityFinder and its content, features, and functionality are owned by us and protected by copyright, trademark, and other intellectual property laws
- Limited License: We grant you a limited, non-exclusive, non-transferable license to use our Services for their intended purpose
- Restrictions: You may not copy, modify, distribute, sell, or lease any part of our Services or reverse engineer our software
8. Acceptable Use Policy
8.1 Prohibited Uses
You agree not to use our Services for any of the following prohibited activities:
Illegal or Harmful Activities
- Any unlawful purpose or to solicit others to perform unlawful acts
- Violating any international, federal, provincial, or state regulations, rules, laws, or local ordinances
- Infringing upon or violating our intellectual property rights or the intellectual property rights of others
- Harassing, abusing, insulting, harming, defaming, slandering, disparaging, intimidating, or discriminating
- Submitting false or misleading information
- Uploading or transmitting viruses or any other type of malicious code
Platform Abuse
- Attempting to impersonate another user or person
- Using automated scripts to collect information or interact with our Services
- Interfering with, disrupting, or creating an undue burden on our Services
- Attempting to bypass any security measures or access restrictions
- Using our Services to spam, phish, or engage in other unsolicited communications
- Creating multiple accounts to evade suspension or bans
Content Violations
- Posting content that is defamatory, libelous, or privacy-invasive
- Sharing content that promotes violence, illegal activities, or harm to animals
- Uploading inappropriate, offensive, or adult content
- Posting copyrighted material without permission
- Sharing personal information of others without consent
8.2 Enforcement
We reserve the right to:
- Remove any content that violates these Terms
- Suspend or terminate accounts that violate these Terms
- Report illegal activities to law enforcement
- Take legal action to protect our rights and interests
- Cooperate with investigations by authorities
9. Privacy and Data Protection
9.1 Privacy Policy Integration
Your privacy is important to us. Our collection, use, and disclosure of personal information is governed by our Privacy Policy, which is incorporated into these Terms by reference. Key privacy practices include:
- Data Minimization: We collect only necessary information for service provision
- Explicit Consent: We obtain your consent for data processing where required
- Data Security: We implement appropriate technical and organizational measures
- Your Rights: You have rights to access, correct, and delete your personal data
- International Transfers: We ensure adequate protection for data transfers outside the EU
9.2 Cookies and Tracking
- We use cookies and similar technologies to improve user experience
- You can manage cookie preferences through our cookie settings
- Essential cookies are required for basic functionality
- Analytics and marketing cookies require your consent
10. Third-Party Services and Integration
10.1 Third-Party Services
Our Services may integrate with or link to third-party services, including:
- Payment processors (Stripe, PayPal, etc.)
- Map and location services
- Social media platforms
- Analytics and performance monitoring tools
- Communication and notification services
10.2 Third-Party Terms
- Use of third-party services is subject to their respective terms and conditions
- We are not responsible for the practices or content of third-party services
- You should review the privacy policies and terms of any third-party services you use
- We do not endorse or guarantee third-party services
11. Service Availability and Modifications
11.1 Service Availability
- Best Effort: We strive to maintain 99.9% uptime but do not guarantee uninterrupted access
- Maintenance: Scheduled maintenance may temporarily affect service availability
- Force Majeure: We are not liable for unavailability due to circumstances beyond our control
- Regional Availability: Some features may not be available in all geographic regions
11.2 Service Modifications
We reserve the right to:
- Modify, update, or discontinue any aspect of our Services
- Add new features or remove existing features
- Change the technical requirements for using our Services
- Implement new security measures or protocols
We will provide reasonable notice of material changes that significantly affect your use of the Services.
12. Disclaimers and Limitation of Liability
12.1 Service Disclaimers
TO THE MAXIMUM EXTENT PERMITTED BY LAW:
- OUR SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES
- WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE
- WE DO NOT WARRANT THAT OUR SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE
- WE ARE NOT RESPONSIBLE FOR THE ACTIONS, CONTENT, OR SERVICES OF CLUBS OR OTHER USERS
- WE DO NOT GUARANTEE THE ACCURACY OR RELIABILITY OF USER-GENERATED CONTENT
12.2 Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW:
- OUR TOTAL LIABILITY SHALL NOT EXCEED THE AMOUNTS PAID BY YOU TO US IN THE 12 MONTHS PRECEDING THE CLAIM
- WE SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES
- WE ARE NOT LIABLE FOR LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES
- OUR LIABILITY FOR DIRECT DAMAGES IS LIMITED TO €1,000 OR THE AMOUNT PAID BY YOU, WHICHEVER IS LESS
12.3 Exceptions
The above limitations do not apply to:
- Death or personal injury caused by our negligence
- Fraud or fraudulent misrepresentation
- Gross negligence or willful misconduct
- Any other liability that cannot be limited by law
13. Indemnification
You agree to defend, indemnify, and hold harmless AgilityFinder, its officers, directors, employees, agents, and affiliates from any claims, damages, obligations, losses, liabilities, costs, or debt arising from:
- Your use or misuse of our Services
- Your violation of these Terms
- Your violation of any third-party rights
- Your content or the content shared through your account
- Any fraudulent, misleading, or illegal activities
14. Termination
14.1 Termination by You
- You may terminate your account at any time through account settings
- Termination does not entitle you to a refund except as specified in our refund policy
- You remain liable for all charges incurred before termination
- Some data may be retained as required by law or for legitimate business purposes
14.2 Termination by Us
We may suspend or terminate your access immediately, without prior notice, for:
- Violation of these Terms
- Fraudulent or illegal activities
- Non-payment of fees
- Abuse of our Services or other users
- Any other reason at our sole discretion
14.3 Effect of Termination
- All rights granted to you under these Terms will cease
- You must cease all use of our Services
- Provisions regarding intellectual property, indemnification, and limitations of liability survive termination
- We may delete your account and data in accordance with our Privacy Policy
15. Dispute Resolution
15.1 Governing Law
These Terms are governed by and construed in accordance with the laws of Spain, without regard to conflict of law principles.
15.2 Jurisdiction
Any disputes arising from these Terms or your use of our Services will be subject to the exclusive jurisdiction of the courts of Valencia, Spain.
15.3 EU Consumer Rights
If you are a consumer located in the European Union, nothing in these Terms affects your statutory rights under applicable consumer protection laws.
15.4 Alternative Dispute Resolution
Before initiating legal proceedings, we encourage you to contact us at support@agilityfinder.com to seek a resolution. We are committed to resolving disputes amicably when possible.
16. Accessibility
16.1 Accessibility Commitment
In compliance with the European Accessibility Act (effective June 28, 2025), we are committed to making our Services accessible to users with disabilities. Our accessibility features include:
- Screen reader compatibility
- Keyboard navigation support
- High contrast modes and font size options
- Alternative text for images
- Voice command integration
16.2 Accessibility Support
If you encounter accessibility barriers or need assistance, please contact us. We will work to provide reasonable accommodations and improve our accessibility features.
17. Updates to These Terms
17.1 Modification Rights
We reserve the right to modify these Terms at any time. Changes may be necessary due to:
- Changes in applicable laws or regulations
- New features or services
- Security improvements
- Business model changes
- User feedback and experience improvements
17.2 Notification of Changes
- Material Changes: We will notify you by email and through in-app notifications at least 30 days before material changes take effect
- Minor Changes: Non-material changes will be posted on our website with an updated "Last Updated" date
- Continued Use: Your continued use of our Services after changes take effect constitutes acceptance of the new Terms
- Disagreement: If you disagree with changes, you may terminate your account before the changes take effect
18. Miscellaneous Provisions
18.1 Entire Agreement
These Terms, together with our Privacy Policy and any additional terms for specific features, constitute the entire agreement between you and AgilityFinder.
18.2 Severability
If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions will continue in full force and effect.
18.3 No Waiver
Our failure to enforce any provision of these Terms does not constitute a waiver of that provision or any other provision.
18.4 Assignment
You may not assign or transfer your rights under these Terms without our written consent. We may assign our rights and obligations without restriction.
18.5 Force Majeure
We are not liable for any failure to perform our obligations due to circumstances beyond our reasonable control, including natural disasters, war, terrorism, strikes, or government actions.
18.6 Language
These Terms are written in English. If translated into other languages, the English version will prevail in case of any discrepancies.
19. Contact Information
Questions or Concerns
If you have any questions about these Terms of Service, please contact us:
Email:support@agilityfinder.com
Subject Line: "Terms of Service Inquiry" for faster processing
Website:https://agilityfinder.com