Terms and conditions

These terms govern the use of SmashBook, a software service provided by [PLACEHOLDER: nombre y apellidos del titular] (tax ID [PLACEHOLDER: NIF], [PLACEHOLDER: domicilio completo]), by clubs, academies and other sports businesses ("the club").

SmashBook is provided only to clubs, academies and businesses acting in the course of their business or professional activity; it is not directed at consumers or non-profit organisations. Whoever accepts these terms on behalf of a club confirms they are authorised to do so and that they contract it for that activity.

Depending on the plan, SmashBook includes:

• a dashboard to manage courts, bookings, members, academy and notices;
• connection to the club's WhatsApp Business number;
• an artificial intelligence assistant that serves customers;
• collection of booking payments through the club's Stripe account.

We may improve or change features while keeping the essential features of the contracted plan.

The club must provide accurate information and keep its credentials confidential. It is responsible for the actions of the people it gives dashboard access to, and for removing access from anyone who no longer needs it.

• Current plans, prices (excluding VAT) and fees are published on the Pricing page. The free trial period is the one stated there.
• Subscriptions are billed in advance, monthly or annually, through Stripe, and renew automatically.
• The club can cancel at any time from the dashboard. Cancellation takes effect at the end of the paid period, with no refund for periods already started unless required by law.
• AI assistant: each plan includes the conversations stated on the Pricing page. Premium conversations (Top tier) not included in the plan are charged per use on the next invoice, only if the club chooses that tier and always up to the monthly cost cap shown in the dashboard, where usage is visible. Additional conversation packs are charged only if the club adds them.
• Non-payment: if a payment fails, we will notify the club and Stripe will retry it. During the grace period shown in the dashboard the service keeps working; if it is still unpaid when the period ends, the service is suspended (WhatsApp stops replying and online payments and the assistant are disabled; the dashboard remains accessible to view and export data) until payment is made. If the subscription is cancelled for non-payment, the provisions on termination apply.
• Online payment fees apply only to payments processed through SmashBook.
• We will give at least 30 days' notice of any price change.

The club connects its own WhatsApp Business account and number through Meta's Embedded Signup, and owns both. By doing so it accepts the WhatsApp Business Terms of Service, the WhatsApp Business Policy and Meta's commerce policies.

• The club is responsible for the content it sends and for obtaining its customers' opt-in to receive WhatsApp messages, especially templates and reminders.
• Meta may charge for certain messages according to its current pricing; how those charges are passed on is stated in the contracted plan.
• Meta may limit, restrict or suspend numbers or accounts under its policies. SmashBook is not liable for interruptions or changes of the Meta platform, but will help the club resolve them.

The assistant generates replies automatically from the information and rules set by the club. Although it is limited to the club's functions (availability, prices, bookings, payments and cancellations), it can make mistakes.

The club must review its configuration. The assistant introduces itself as an automated artificial intelligence system in its first reply to each customer, and the customer can ask to speak to a person at any time: that option is always on and the club cannot disable it. The club's staff see conversations in the dashboard, can take over any of them and hand them back to the assistant.

Payments from the club's customers are processed through a Stripe account of the club (Stripe Connect) and paid directly into it.

The club accepts the Stripe Connected Account Agreement. Stripe charges its fees to the club.

SmashBook is not a payment institution and does not hold customer funds. Refunds and disputes are handled under the club's policy and Stripe's rules.

The club agrees not to use SmashBook to:

• send spam or unsolicited messages, or unlawful, misleading or offensive content;
• process data without a legal basis;
• infringe third-party rights;
• attempt to access other clubs' data, reverse engineer the service or overload it.

We may suspend the service in case of a serious breach, with prior notice except in urgent cases.

With regard to the data of the club's customers, the club is the controller and SmashBook the processor (Art. 28 GDPR).

The processing is governed by the Data processing agreement, which forms part of these terms and is accepted with them: purpose, duration, data, obligations of the parties, sub-processors, international transfers, security, personal data breaches and return and deletion of data at the end.

SmashBook, its software and its brand belong to [PLACEHOLDER: nombre y apellidos del titular]. We grant the club a non-exclusive, non-transferable right of use for the term of the contract.

The data the club enters belongs to the club, which can export it at any time.

We use reasonable efforts to keep the service available and fix incidents, but interruptions may occur due to maintenance or failures of providers (including Meta, Stripe or hosting providers). No specific service level is guaranteed unless agreed in writing.

Support is provided by email and through the channels shown in the dashboard.

SmashBook's total liability to the club is limited to the amount the club paid in the 12 months before the event giving rise to it. SmashBook is not liable for indirect damages, loss of profits or loss of data caused by the club.

These limitations do not apply in case of wilful misconduct or gross negligence.

The contract lasts while the subscription is active. Either party may terminate it for a serious breach not remedied within 15 days of notice.

We may amend these terms and will give at least 30 days' notice of relevant changes. If the club does not agree, it can cancel before they take effect. The dashboard will ask the owner to accept the new version, and for each acceptance we keep as proof who accepted, when, from which IP address and which versions of the terms and the data processing agreement.

These terms are governed by Spanish law. The parties submit any dispute to the courts of [PLACEHOLDER: municipio del domicilio], unless mandatory law provides otherwise.