Identification of the service provider
CLUBER SIGUETULIGA, S.L. (hereinafter, CLUBER) with tax registration number B70291927 and registered office at Rúa de Mendaña de Neyra 26, 15008 A Coruña (Spain) is the owner of the application of the same name, offered in “Software as a Service” (SaaS), of the brand representing it and of all exploitation rights.
Purpose of the contract
The purpose of this Contract is the granting of the right to use the CLUBER Platform, in accordance with the Plan contracted in the Specific Terms and Conditions (hereinafter “the Platform”), for professional or business purposes, whereby, within the limits established in this Contract, CLUBER grants, on a revocable, non-exclusive, non-sublicensable and non-transferable basis, the right to use the Platform. Access to the Platform constitutes a licence to use and not a sale, meaning that CLUBER retains ownership of the Platform.
Maintenance and technical support services are also governed by and form part of this Agreement, in accordance with the terms set out in the Specific Terms and Conditions.
The licence shall be refused or may be revoked at any time if it is, directly or indirectly, granted in the name of a direct competitor of CLUBER, unless express prior consent is given by CLUBER.
This contract grants a right to updates and future versions. New components and/or modules developed by CLUBER after the signing of the Contract, which require a high development or operating cost and are therefore likely to be integrated into a new licence, may be optionally incorporated subject to agreement by the Parties.
CLUBER reserves the right to decide, at any time, which products and services form part of each Plan. Accordingly, CLUBER may, at any time, add new products or services to those currently offered. Furthermore, CLUBER reserves the right to withdraw or cease offering, at any time and without prior notice, any of the products offered, except for those already contracted or for which a subscription has commenced.
CLUBER’s services via its Platform are aimed at private sports clubs and organisations (hereinafter the Customer) and consist of facilitating the management of their activities, as well as providing maintenance and technical support to ensure their proper functioning.
The Platform shall reside on CLUBER’s servers and the Customer shall be entitled to use it online, always in a limited manner, subject to and conditional upon the limits set out in this document, as well as the duration of the Contract.
Obligations of the parties
Obligations of CLUBER
CLUBER undertakes to provide the services under the terms and conditions agreed with the Client in this Contract, and in particular in the Special Conditions, complying at all times with applicable laws, regulations and professional codes, and in accordance with best market practices, as well as with the utmost diligence.
CLUBER is responsible for the direction and management of the specific operation of the Platform’s functionalities, being responsible for the specific determination of the work to be carried out, issuing the appropriate guidelines to ensure the normal operation and effective use and enjoyment of the Platform.
CLUBER reserves the right to decide, at any time, which products and services form part of the Platform. Consequently, CLUBER may, at any time, add new features or services to those currently offered. Likewise, CLUBER reserves the right to withdraw or cease offering, at any time and without prior notice, any of the products offered, except for those already contracted or for which a subscription has commenced.
CLUBER will provide technical or functional support in accordance with the service contracted, via the channels and within the timeframes set out in the Specific Terms and Conditions, for the entire duration of the contract.
This licence agreement shall not, under any circumstances, entail:
- The adaptation of the Platform to the Customer’s specific circumstances or to any other circumstances arising from its use, such as integrations with the Customer’s existing systems. Any modification shall require an express written agreement between the Parties.
- The incorporation of new components or additional modules marketed under an additional licence and not covered by this Agreement, which may in any case be added at any future time following prior agreement between the Parties.
- A visit to the Client’s premises, for which the Client must provide remote connection details (server name or IP address, ports, usernames, passwords) and ensure that the local equipment (server/router) is correctly configured and available.
Customer’s obligations
The Customer shall verify that the Platform and its functionalities meet the needs of their business, with the Customer being solely responsible for determining that it is ready for operational use within their organisation prior to its use.
The Customer warrants that the information provided to CLUBER for the provision of the service does not infringe the rights of third parties (including, but not limited to, intellectual property rights, personal rights, moral rights, image rights and privacy rights).
The Customer shall be liable for any damages incurred by CLUBER and for any claims made by a third party, arising directly from errors made by the Customer or its staff in the performance of this Contract or resulting from a lack of due diligence attributable to them.
The Customer may not assign or transfer to a third party in any way the rights acquired under this Agreement, and the use of the Platform is strictly restricted to the exclusive provision set out in this Agreement.
The Client shall allow CLUBER to carry out the necessary analyses of the data used on the Platform for the purpose of improving, modifying or rectifying any issues that may arise.
Contractual Process
The Licence may only be contracted by a legal representative of the Client (hereinafter the Director), who shall, for this purpose, create an account with a username and password, which will identify them and personally authorise them to access the services and the contracting process.
The Director shall register the Sports Organisation they represent, invite or create new users who are members of that organisation, and grant them permissions so that they may have direct access to the platform’s services.
End users/individuals shall be classified into two groups: members of the Sports Organisation registered with CLUBER, namely members, athletes and guardians of underage athletes (hereinafter “the Member” or “the Members”); and private users not registered with a Sports Organisation on CLUBER (hereinafter “the User” or “the Users”)
Furthermore, in order for the Sports Organisation to make use of the services of (i) the sale of products and services via the CLUBER Online Shop, and (ii) the collection of fees, as well as other activities (trips to tournaments, etc.) included in the contracted Plan, it is essential that certain requirements are met and specific documentation is provided. These specific conditions are set out in the “Payment Methods” clause, and liability for failure to comply with the requirements is set out in the “Liability and Disclaimer” clause.
Once the services have been contracted, the Manager must follow all the instructions set out in the contracting process, which will entail reading and accepting all the general and specific terms and conditions set out in this Contract and at www.cluber.com
Price, invoicing and payment
Plan price (licence)
The price will be calculated based on the modules chosen and in accordance with the Plan selected in the Specific Terms and Conditions, the prices of which are expressed in Euros.
- VAT is included in the price of the services. The standard VAT rate is 21% for Spain, except for the Canary Islands, Ceuta and Melilla, where VAT does not apply.
- The 21% rate will also apply to countries within the European Union, and VAT will not be charged for countries outside the European Union.
- There are no other additional costs, except for the Service Fee charged in accordance with the terms set out in section 4.2.
Plan prices may vary at any time, except for plans that have already been contracted or commenced. Should there be a price change, this will apply to future renewals, without prejudice to the provisions of the clause “Duration, renewal and cancellation of the contract”. In this case, the price to be applied will be that in force on the date the contract is entered into. In any event, the final cost of the Plan will be communicated to the customer during the electronic contracting process before the customer formalises their acceptance.
The Customer will be able to access the invoice via the CLUBER Platform itself, within its administration panel.
Payment must be made within the first five days of the following month, via direct debit, issued by CLUBER. The billing period shall commence on the same day the credentials are issued, with the proportionate amount for the remaining days of the month calculated if the month has already begun.
In the event of a returned, delayed or unpaid payment, a further attempt will be made on the next working day, and access to the Platform will be suspended if payment is not made. In the event of a returned payment, the Customer will be charged the amount of the costs incurred by CLUBER in securing the cash payment of the unpaid monthly fee
Service Fee
The use of the platform’s services, which CLUBER makes available to Organisations for the management of their activities, by Members and/or Users entails a fee known as the “Service Fee”. The Service Fee enables the proper operation and maintenance of the CLUBER platform so that Sports Organisations can offer a wide range of services to Members and Users.
The Customer shall decide whether or not to pass on the Service Fee to its Members, in which case it must pass on the amount thereof to them, and the fee shall be added to the amount defined by the Customer.
Should the Customer decide not to pass on the Service Fee to its Members and/or Users, it shall bear the cost directly.
CLUBER will settle and invoice the Service Fee to the Client at the end of each month.
Service fee prices and taxes:
The Service Fee shall be determined based on the volume managed by the Entity, in accordance with the provisions of the Specific Terms and Conditions.
The Service Fee does not include VAT. VAT will be applied to this Service Fee according to the billing address, as follows:
- The standard VAT rate is 21% for Spain, except for the Canary Islands, Ceuta and Melilla, where VAT does not apply.
- The 21% rate will also apply to countries within the European Union.
- No VAT applies to countries outside the European Union.
4.2.2 Duration of the service fee:
The period during which the Service Fee is payable will depend on:
- The decision of the Organisation, depending on whether or not it sets a specific period for the application of the fee.
- The length of time the Member remains registered with each Organisation. If the Member registers with another Organisation affiliated with CLUBER, the Fee will apply at the new Organisation if the latter so decides.
- The length of time the Organisation remains affiliated with CLUBER.
- For one-off purchases of the Organisation’s products or event tickets, a Fee will be charged for each purchase.
4.2.3 Non-refundability of the service fee:
An Organisation’s obligation to refund an amount to a Member/User due to the exercise of the right of withdrawal or for any other reason shall in no circumstances give rise to a refund of the Service Fee by CLUBER, either to the Organisation or to a Member/User, in the event that the Service Fee is passed on to the latter by the Organisation.
Payment terms
Payment for the contracted plan (licence)
The Customer may pay by Direct Debit, by signing the SEPA Direct Debit authorisation, for which purpose the authorisation document is attached as an annex to this Contract. The Customer may also choose to deduct from the invoice the amounts of the Service Fee applied to its members, in which case CLUBER would pay the resulting net amount to the Customer.
Fee collection service and other activities
CLUBER provides the Organisation with two payment methods so that Members and Users can pay the fees or the cost of the activities in which they participate: Direct Debit or payment by credit or debit card. The Organisation shall select the payment method(s) it wishes to enable for Members and Users,
In the case of recurring charges, the Organisation must inform Members of the total cost of the service or the cost of each future charge; however, the Organisation may vary the amount of subsequent charges in accordance with the service selected by the Member.
CLUBER may at any time modify or expand the payment methods.
In order for the Customer to use this service, the following documentation must be provided:
- Identification document (Tax Identification Number, Foreigner Identification Number, Passport) of the entity’s administrator or legal representative
- Certificate of account ownership for the organisation
- The organisation’s CIF
- Articles of association of the entity
- Minutes of the meeting of the most recent board of directors and/or powers of attorney of the entity’s legal representative
In the case of companies or self-employed individuals, further information may be required, which CLUBER will request separately
5.2.1 Direct debit for fees
In order for the Customer to use this service and issue invoices via CLUBER, the following requirements must be met:
- In order to schedule direct debits for a Member, the Customer must have the authorisation of the account holder from whom the payment will be debited. This authorisation (signature of the Direct Debit Mandate) will be provided via Cluber during the Member’s registration, sign-up or change of payment method process. The Customer may also use existing or new paper Mandates, in which case the Customer must be responsible for the safekeeping of these Mandates, which must include the bank details, the payment schedule, reference number and date of signature.
- In the case of recurring payments, the Mandate shall be valid indefinitely, unless explicitly cancelled by either party, in the event of a change of debtor, or after 36 months of inactivity.
In SEPA direct debit transactions, additional charges may apply for returned payments. These charges will be set out in the specific terms and conditions signed with each Customer.
Settlements for SEPA direct debit collections will take place on working Mondays and Thursdays each week or, failing that, on the next working day, with a service fee applied, which will be set out in the specific terms and conditions signed with each Customer. Amounts will be subject to a five (5) working day hold to cover any returns due to insufficient funds or other causes.
5.2.2. Card payments
Card payments will be settled on working Mondays and Thursdays of each week, subject to a service fee, which will be set out in the specific terms and conditions signed with each Customer.
CLUBER does not store card details, which are managed by the relevant bank.
Term, renewal and termination of the contract
Duration
Unless otherwise specified in the specific terms and conditions of the contract, the duration of the contracted Plan shall be ONE (1) YEAR from the date of contract.
During the term of the contracted Plan, the Customer may select a higher-tier Plan at any time. In this case, CLUBER will apply the change and issue an invoice for the difference in amount. If the Customer requests a lower-tier Plan than the one contracted, the change will take effect on the expiry date of the initial Plan.
In any event, the Customer will have access at all times to information regarding the Plan purchased, prices and validity dates.
Renewal
The contracted plan is automatically renewed on an annual basis unless the Customer or CLUBER decide not to continue with the service and give written notice to that effect, by sending an email to the other party at least FIFTEEN (15) calendar days’ notice prior to the expiry date of the Plan or any of its extensions. Any Customer who does not wish to renew the service must notify CLUBER via the email address info@cluber.com
Termination of the contract
The Customer may at any time notify CLUBER of their wish to cancel the contracted Plan by sending an email to: info@cluber.com.
In any case, the Customer may continue to use the services included in the contracted Plan until the expiry date, unless they request the immediate deactivation of their user account or their account is in a “Suspended Account” status.
In the event of cancellation of the contracted Plan, no refund will be made for charges incurred. Similarly, cancellation does not exempt the Customer from paying any outstanding charges relating to the contracted Plan or for transactions processed.
Once the Customer’s account has been cancelled, it will be inaccessible to both the Customer and their Members. The personal data held by the Customer will be retained by CLUBER, duly blocked, for the periods established by law to comply with its legal obligations and for the possible formulation or defence of claims.
CLUBER may unilaterally cancel and deactivate the Customer’s account if it verifies and is able to prove that the Customer or any of its users have breached any of the established Terms and Conditions or their payment obligations, or have violated any of the website’s terms of use set out in theLegal Notice.
Once an account has been permanently cancelled, the Customer may request from CLUBER, within a maximum period of THIRTY (30) calendar days, the return of the data, which will be provided by exporting it to a standard format medium.
If a Customer is up to date with their payments and has not breached these Terms and Conditions or the platform’s terms of use in a manner that would result in the immediate cancellation of the account, the account will remain with CLUBER under the free Starter Plan.
Service Level Agreement
CLUBER shall act with due diligence and professionalism, using all means at its disposal to ensure that the purpose of this Contract is fulfilled to the highest standards of quality, reliability and security. In any event, CLUBER’s liability for any direct or indirect, consequential, incidental or special damages, including, but not limited to, any consequential damages or loss of profits, business interruption, breakdown, failure or loss, or for any claim by third parties, shall be limited, in all cases, to the financial amount equivalent to that which the Customer is required to pay as consideration for the Services, in accordance with the chosen service package and depending on the duration of the disruption.
Due to the specific nature of the Internet, CLUBER cannot and does not guarantee the availability and continuity of access to applications and websites, which may become inoperative or inaccessible for any reason, including but not limited to (i) malfunction of the computer program or equipment, (ii) routine or emergency maintenance or repair work, or (iii) other reasons beyond CLUBER’s control or which are not reasonably foreseeable. However, where reasonably possible, CLUBER will give prior notice of any potential service interruptions. Service interruptions deliberately caused by CLUBER for the purpose of carrying out maintenance or updates shall be limited to the time strictly necessary and shall preferably take place at times when the service is least likely to be in use.
Intellectual Property
The Platform and any other computer applications used by CLUBER to provide the Services are its exclusive property, or it has obtained the relevant permissions for their use, and are protected by Spanish intellectual and industrial property laws and by the applicable laws of the country in which they are used. The structure, organisation and coding of these applications constitute valuable trade secrets and confidential information belonging to CLUBER.
The granting of this Licence does not imply, either implicitly or explicitly, the transfer of rights over the industrial and intellectual property of the application, the hardware, or the data model. It is expressly prohibited and, as such, the Customer may not reverse engineer, decompile, disassemble or in any way attempt to discover the source code or any algorithm of CLUBER.
All intellectual and industrial property (meaning any company name, trade names, trademarks, emblems, symbols, logos, anagrams, designs, industrial models, patents, programmed code and any other forms of intellectual and industrial property), any type of software (expressly excluding the content set out in the “Liability” clause), memoranda, files, procedures or any other documents pertaining to the Client prior to the conclusion of this contract, shall be and/or shall remain the full and exclusive property of the Client, even after the termination of this contract. Each party acknowledges and accepts responsibility for the fraudulent use or illegal copying of such content, and shall be liable for any infringement committed by any person under its control or through whose actions it has gained direct or indirect knowledge of or access to such content.
The Parties undertake to obtain all necessary warranties, protections and remedies in respect of third-party products, services, equipment or materials included in the Services and, to the extent permitted, shall transfer these to the other party. Consequently, the party in breach of this provision shall hold the other party harmless against any claim, action, complaint or legal proceedings brought by third parties or for any other loss suffered in relation to such content.
The Client expressly consents to the inclusion of a reference to their status as a client in CLUBER’s portfolio, and CLUBER may reproduce the Client’s trademarks and logos for this purpose only, both on its websites and in presentations and documentation provided to other clients or potential clients.
Liability
CLUBER is simply the technological platform made available to the Client to manage their business, and the Client is solely responsible for the services, activities and products they carry out or offer through the platform. CLUBER shall be exempt from any liability arising from the Client’s breach of their legal obligations.
Access to certain contracted services, such as fee collection and other activities, requires the Client to comply with specific requirements set out in Section 5.2 “Fee collection and other activities”. CLUBER shall not be liable for any failure to provide such services resulting from the Customer’s failure to meet these requirements.
Protection of personal data
Representatives’ details
In accordance with Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, hereinafter the GDPR, both Parties are hereby unequivocally and precisely informed that the personal data provided for the formalisation of the Contract, as well as any other data provided throughout the relationship established therein, shall be treated with complete confidentiality and shall be used for the management and proper fulfilment of the relationships that, are established within the framework of this Contract.
The legal basis for the processing shall be the management and performance of the Contract itself, to which both data subjects are Parties; no transfer of data to third parties is envisaged, unless one of the parties decides to make it public.
Data subjects may exercise their rights of access, rectification and, in certain cases, restriction of processing, or any other rights recognised in this regard by applicable legislation, in accordance with the terms established by law, by writing to the other Party at the addresses indicated in the heading of this Agreement, unless one of the Parties explicitly establishes another channel or procedure for this purpose.
Data processing on behalf of third parties
For the performance of CLUBER’s functions, CLUBER shall be considered the Data Processor of the Customer’s data, with the Customer acting as the Data Controller. Accordingly, both Parties shall sign a contract in accordance with Article 28(3) of the GDPR, which shall form an integral part of this Agreement.
Customer service and complaints
To make an enquiry or lodge any complaint or claim with CLUBER, the Customer must contact us via the following email address: soporte@cluber.com
Applicable law
These terms and conditions shall be governed by current Spanish law.
Any dispute arising from the application of these contractual terms and conditions shall be settled in the Courts and Tribunals of the city of A Coruña.
If a court were to rule that any clause of these Terms and Conditions is void, the remaining clauses not affected by such invalidity shall remain in force and shall therefore be enforceable for all purposes.
The language used shall be Spanish.
Entire Agreement and Severability Clause
Each of the provisions of this Contract shall be interpreted separately and independently of the others. If any of them should become invalid, unlawful or unenforceable by virtue of any legal provision or should be declared null and void or ineffective by any court or administrative authority, the nullity or ineffectiveness of that provision shall not affect the other provisions, which shall remain fully valid and effective. The Parties agree to replace the affected clause or clauses with another or others that have the effects corresponding to the purposes pursued by the parties in this Contract.
This Agreement sets out the entirety of the agreements existing between the Parties and supersedes and revokes, where applicable, any other agreements or arrangements, whether verbal or written, in force on the date of its execution.
Last updated: 23 March 2026.