Terms of Service

1. Definitions

For the purposes of these Terms, capitalized terms have the meanings set out below.

• Kisscloud: Kisscloud S.A.S., owner of the ASD in Cloud application and provider of the Services.
• ASD in Cloud or Platform: the cloud-based management software accessible through the web and any connected applications, portals or modules.
• Customer: the sports association, sports company, entity, professional, organization or other party subscribing to or using the Services for professional, associative or organizational purposes.
• Administrator: the user authorized by the Customer to manage the main account, configure the Platform, create users and assign permissions.
• Authorized Users: administrators, directors, collaborators, staff members, coaches, technicians, athletes, parents, guardians and any other person to whom the Customer grants access to the Services.
• Customer Data: data, documents, profiles, content, files, communications, accounting, sports, health, tax or organizational information entered, uploaded, generated or processed through the Services.
• Agreement: these Terms, the order, commercial offer, economic conditions, any Data Processing Agreement, Privacy Policy and any annex or referenced document.

2. Scope of the Services

ASD in Cloud is a SaaS platform for managing sports and associative organizations. Depending on the purchased plan and enabled features, the Services may include management of members, athletes, staff, parents, teams and groups; registrations and pre-registrations; calendars, attendance and communications; documents and forms; files and archives; deadlines, medical certificates and notifications; payments, fees, receipts, invoices or reporting; public or restricted portals for external users.

The features actually available depend on the plan, configurations, enabled integrations and applicable commercial agreements. Kisscloud may update, improve, replace or reorganize features while maintaining an overall functionality consistent with the purchased service.

3. Professional Use and End Users

The Services are primarily intended for Customers acting for professional, business, associative or otherwise non-purely personal purposes. Consumer protection rules apply only where mandatory.

Athletes, parents, guardians and other end users may access dedicated features only if invited or enabled by the Customer. In such cases, the Customer remains responsible for the legal basis, notices, authorizations and accuracy of data relating to its end users, including minors.

4. Accounts, Credentials and Permissions

The Customer must provide true, complete and up-to-date information during registration, onboarding, purchase and configuration. The Administrator is responsible for managing accounts, roles, permissions and revoking access that is no longer needed.

Credentials are personal and must not be shared. The Customer and Authorized Users must take reasonable measures to protect accounts, devices and passwords, and must promptly inform Kisscloud of any unauthorized access, loss of credentials or suspected security breach.

5. Customer Obligations

The Customer is responsible for its own use of the Services and for the use made by its Authorized Users. In particular, the Customer undertakes to use the Platform in compliance with applicable law, sports and association rules, these Terms and any reasonable operational instructions provided by Kisscloud.

The Customer is also responsible for the accuracy, lawfulness, completeness and updating of Customer Data, and for obtaining any consents, authorizations, delegations or notices that may be required.

• not upload unlawful, offensive, discriminatory, defamatory, fraudulent content or content infringing third-party rights;
• not use the Services to send unauthorized communications or communications contrary to applicable law;
• not alter, bypass, compromise or test the security of the Platform without authorization;
• not copy, resell, sublicense, decompile, reverse engineer or create derivative works from the software, except where mandatorily permitted by law;
• not use the Services in a way that may prejudice the stability, availability or integrity of the Platform or third-party systems.

6. Customer Data, Documents and Content

The Customer retains ownership of Customer Data. Kisscloud does not acquire ownership rights over content uploaded by the Customer, except for the limited right to process, host, elaborate, transmit and display it as necessary to provide the Services, support, security, contractual performance and legal compliance.

If the Customer uses document generation, forms, receipts, invoices, certifications, exports or communication features, it remains responsible for verifying that the entered data, templates used and generated documents are accurate, complete and suitable for its specific case.

Uploaded documents that include an expiry date, including by way of example medical certificates and identity documents, are subject to automatic deletion one year after the relevant expiry date, according to the Platform's technical procedures. The Customer remains responsible for entering and maintaining the correct expiry date and for keeping any copies or records required by law or by its internal procedures.

7. Payments, Fees and Financial Services

Where payment, collection, fee recording, invoicing, receipt or reporting features are enabled, the Platform operates as a management and technical tool. Kisscloud is not a bank, payment institution, financial intermediary, tax advisor or employment consultant.

Payments due by the Customer to Kisscloud for the purchase, renewal or use of the Services may be handled through Stripe or other payment providers indicated by Kisscloud. Use of those features may be subject to the relevant providers' terms, fees, checks, limits and procedures.

The Customer remains responsible for the tax, accounting and administrative correctness of transactions recorded or generated through the Platform.

8. Portals, Public Forms and Communications

The Platform may allow the Customer to publish forms, registration links, information areas, portals for members, parents, athletes or staff, and communications by email, notifications or other channels. The Customer is responsible for texts, recipients, purposes and legal bases of such communications.

Kisscloud may apply technical limits, anti-abuse measures, security checks or selective suspensions where use of these features may compromise the Platform, breach the law or harm third parties.

9. Personal Data Protection and GDPR

With respect to personal data processed on behalf of the Customer through the Platform, the Customer generally acts as controller and Kisscloud as processor under Regulation (EU) 2016/679. For data relating to contracts, billing, security, account administration, support and direct commercial relationships with Kisscloud, Kisscloud may act as an independent controller.

Personal data processing is governed by the Privacy Policy available at /privacy-policy, any Data Processing Agreement and the Customer's documented instructions, within the limits of the Agreement. The main Services infrastructure is hosted in the European territory, currently on DigitalOcean servers, databases and storage in a European region. Kisscloud may use qualified providers or sub-processors for hosting, security, authentication, payments, communications, support, storage, document generation, artificial intelligence or technical services, adopting appropriate safeguards under applicable law.

The Customer is responsible for providing data subjects with proper notices, collecting any required consents, managing requests to exercise rights and determining whether the data uploaded, including minors' data, health data or sports information, are necessary and proportionate to its purposes.

10. Security, Backups and Continuity

Kisscloud adopts reasonable technical and organizational measures to protect the Platform and processed data, taking into account the state of the art, implementation costs, the nature of the data and the risks involved. No IT system, however, can guarantee absolute security or uninterrupted availability.

Kisscloud may perform backups, maintenance, updates, migrations and technical work necessary for security, stability or improvement of the Services. Unless otherwise agreed in writing, no specific service level, uptime, response time or recovery time is guaranteed.

11. Support

Support is provided through the channels indicated by Kisscloud, including support@asdincloud.it, and within the limits of the applicable plan or commercial agreement. Kisscloud responds within reasonable times, considering the nature of the request, priority, technical complexity and impact on the service.

Support requests must include sufficient information for diagnosis. Unless otherwise agreed, legal, tax, employment, sports, privacy, accounting or organizational consulting is excluded.

12. Fees, Billing and Renewals

Prices, plans, duration, payment methods, any renewals, usage limits and included services are set out in the offer, order, pricing page, invoice or other applicable commercial document. Unless otherwise stated, amounts are exclusive of VAT, taxes, fees or applicable charges.

Failure to pay amounts due may result in reminders, suspension of features, access limitations, service interruption or termination of the Agreement, without prejudice to Kisscloud's right to recover accrued amounts.

13. Intellectual Property

ASD in Cloud, the software, code, interfaces, trademarks, logos, documentation, templates not provided by the Customer, graphics, technical databases, processes, know-how and any proprietary material of Kisscloud remain the exclusive property of Kisscloud or its licensors.

During the term of the Agreement, Kisscloud grants the Customer a limited, revocable, non-exclusive, non-transferable and non-sublicensable license to access and use the Services in accordance with these Terms. Nothing transfers intellectual property rights in the Platform to the Customer.

14. Third-Party Services and Integrations

Some features depend on third-party services selected to provide, protect, automate or improve the Platform. Those services may be subject to their own changes, unavailability, limits, costs or terms.

Kisscloud is not liable for acts, omissions, malfunctions, changes or unavailability attributable to third-party services, except to the extent directly caused by Kisscloud's wilful misconduct or gross negligence.

• Auth0 for authentication, login and session management;
• Amazon AWS SES for transactional emails, operational communications and mass or marketing emails;
• Brevo for transactional SMS, mass SMS and, when available, WhatsApp communications;
• Stripe to manage payments due by Customers to Kisscloud;
• api2pdf for the technical generation of PDF documents;
• DigitalOcean for servers, databases and Spaces, including storage of uploaded documents;
• Uploadcare as a technical file-upload interface: files temporarily transit through the service and are periodically transferred, generally every night, to DigitalOcean Spaces; after transfer they are deleted from Uploadcare according to the applicable technical procedures;
• miocodicefiscale for tax-code checks or verification;
• OpenAI for artificial intelligence features integrated into or enabled in the Platform;
• OpenAPI services or similar external APIs for technical service functions, such as completion of Italian municipalities and postal codes.

15. Changes to the Services and Terms

Kisscloud may amend these Terms for legal, technical, commercial, security or service development reasons. Changes will be published on this page or communicated by reasonable means where materially relevant.

Use of the Services after the effective date of the changes constitutes acceptance of the new terms. If a change materially and adversely affects an existing Agreement, the Customer may withdraw within the limits and in the manner provided by law or the applicable commercial agreement.

16. Suspension and Termination

Kisscloud may suspend, limit or interrupt access to the Services, in whole or in part, where necessary for security, maintenance, authority orders, non-payment, breach of the Terms, unlawful use or a concrete risk of harm to the Platform, Kisscloud, the Customer, users or third parties.

Either party may terminate the Agreement in the cases provided by law or the commercial agreement. Upon termination, the Customer's right to access the Services ends. The Customer must export or retrieve its data before termination, where possible. After termination, Kisscloud may delete, anonymize or retain data according to the Privacy Policy, Data Processing Agreement, legal obligations and its backup and security procedures.

17. No Professional Advice

The Services may simplify administrative, sports, tax, document, organizational or communication activities, but they do not replace the Customer's judgment or the assistance of qualified professionals. Information, templates, automations, reports, deadlines or documents generated by the Platform do not constitute legal, tax, accounting, employment, privacy, medical or sports advice.

The Customer must independently verify, including through its own advisors, compliance of its activities, documents and obligations with applicable law and with the rules of federations, sports promotion bodies or competent authorities.

18. Warranties and Limitation of Liability

The Services are provided with ordinary professional diligence and, unless otherwise agreed in writing, as is and as available. Kisscloud does not warrant that the Services will be free from errors, interruptions, vulnerabilities or incompatibilities, or that they will meet every specific Customer need.

To the maximum extent permitted by law, Kisscloud is not liable for indirect damages, loss of profit, loss of goodwill, loss of opportunity, reputational damage, business interruption, loss or alteration of data not attributable to Kisscloud's wilful misconduct or gross negligence, decisions made by the Customer based on Platform data, or damages arising from improper use, incorrect configurations, inaccurate data, third-party services or force majeure.

Except in cases of wilful misconduct, gross negligence, mandatory liability or breach of obligations that cannot be limited by law, Kisscloud's total liability arising from the Agreement is limited to the amounts paid by the Customer to Kisscloud for the Services in the twelve months preceding the harmful event.

19. Indemnity

The Customer undertakes to indemnify and hold Kisscloud harmless from claims, penalties, damages, costs or expenses arising from unlawful use of the Services, breach of these Terms, content or data provided by the Customer, infringement of third-party rights, failure to obtain consents or authorizations, communications sent by the Customer, or breach of legal, tax, sports, privacy or association obligations attributable to the Customer or its Authorized Users.

20. Force Majeure

Kisscloud is not liable for delays, malfunctions or non-performance due to events outside its reasonable control, including network or infrastructure failures, unavailability of third-party providers, cyberattacks not preventable with reasonable measures, natural events, strikes, authority measures, wars, pandemics, blackouts or interruptions of connectivity services.

21. Notices

Notices relating to the Agreement may be sent to the addresses indicated by the Customer in the account, order or commercial documents, or published in the Platform where appropriate. The Customer must keep its contact details up to date.

For contractual or support requests, the Customer may contact Kisscloud at support@asdincloud.it.

22. Governing Law and Jurisdiction

These Terms and the Agreement are governed by Italian law. Except for any mandatory applicable rules, any dispute concerning the validity, interpretation, performance or termination of these Terms or the Services is submitted to the exclusive jurisdiction of the Court of Ferrara, Italy.

If any provision of the Terms is held invalid or unenforceable, the remaining provisions remain valid and effective. The invalid provision will be replaced, to the extent permitted, by a valid provision that achieves as closely as possible the original purpose.

23. Language Version

The Terms may be made available in Italian and English. In case of conflict or interpretative divergence between versions, the Italian version prevails, unless otherwise agreed in writing.