ClubStreak is a product of EarlyDot Tech Private Limited, whose registered office is at No 9, 2nd Floor, 27th Main, 100 Feet Ring Road, BTM 1st Stage, Bengaluru, Karnataka 560068, India. These Terms of Service (“Terms”) are an agreement between you and that company (“ClubStreak”, “we”, “us”), and govern your use of the ClubStreak mobile application, web application and website (the “Service”).
The Privacy Policy, Cookie Policy, Refund and Cancellation Policy, and for academies the Academy Data Processing Addendum, form part of these Terms. By creating an account or using the Service you accept them. If you accept for an academy or other organisation, you confirm you are authorised to bind it.
1. Definitions
- Academy: a sports or skill academy, club or coaching organisation that uses the Service, and the person or company operating it.
- Academy User: an owner, coach or staff member acting for an Academy.
- Member: an adult using the Service in connection with training at an Academy, being either a student aged 18 or over or a Guardian.
- Guardian: a parent or legal guardian who holds the account through which a student under 18 is managed.
- Student Profile: the profile of a student maintained on the Service.
- Content: anything uploaded to or created on the Service, including text, images, video, reviews and comments.
2. Eligibility and accounts
2.1 A ClubStreak account is held by an adult. You must be at least 18 years old to create or use a ClubStreak account, and by creating one you confirm that you are. The Service is not directed to children, and a person under 18 may not create an account, sign in, or otherwise use the Service.
Where a student is under 18, a Guardian holds the account, manages the Student Profile, and is responsible for the consents described in the Privacy Policy. The student themselves does not use ClubStreak.
If we learn that an account has been created by someone under 18, we will close it and delete the data associated with it. Tell us at support@clubstreak.com if you believe that has happened.
2.2 Accounts are created with a mobile phone number verified by a one-time code. You are responsible for the number you register, for keeping control of the device that receives codes, and for activity under your account. Tell us at support@clubstreak.com immediately if you think your account has been compromised.
2.3 One person, one account. The same account can hold more than one role, for example running an Academy while also being a Guardian.
2.4 You agree to give accurate information and keep it current.
3. Roles and responsibility between you, Academies and ClubStreak
ClubStreak is a platform. Academies are independent businesses. We do not employ coaches, run classes, set or collect fees on our own account, supervise training, or take responsibility for the safety, quality or outcome of any Academy’s coaching. What happens between a Member and an Academy, including enrollment, fees, conduct and safety, is between them.
3.2 For personal data, the roles in Section 2 of the Privacy Policy apply. Each Academy is independently responsible for the data it controls and for the law that applies to it, including child protection and data protection law. The Academy Data Processing Addendum governs our processing on an Academy’s behalf.
3.3 Nothing in the Service is medical, legal, tax or other professional advice.
4. Academy obligations
If you use the Service as an Academy or Academy User, you also agree that you will:
- (a) give truthful information on your public page, including your identity, location and what you offer, and keep it current;
- (b) obtain, and be able to evidence, every consent and give every notice the law requires for the personal data you collect through the Service, including a Guardian’s consent for students under 18;
- (c) configure enrollment questions responsibly: make mandatory only what enrollment genuinely needs, and leave the rest optional. The Service has no health field and refuses questions that ask for one, so you may not use it to collect medical or allergy details, including through free-text fields. Keep those records outside the Service;
- (d) manage staff access responsibly, giving each staff member only the access their role needs and removing it promptly when someone leaves;
- (e) use Member data, including enquiry details, only to run your academy and to reply to the person concerned. Never for unrelated marketing, and never disclosed to anyone else except as the law requires;
- (f) comply with the law applying to your academy, including on the safety and welfare of minors, employment, tax including GST, and consumer protection;
- (g) honour the fees, schedules, event terms and refund positions you publish through the Service; and
- (h) keep accurate settlement details and complete any verification our payment partners require.
5. Acceptable use
You agree not to:
- use the Service unlawfully or in breach of these Terms;
- impersonate anyone, misrepresent an affiliation, or create an Academy you do not operate;
- post Content that is unlawful, defamatory, harassing, hateful or obscene, or that endangers or exploits minors. We have zero tolerance for the last of these and will report it to the authorities;
- infringe anyone’s intellectual property, privacy or publicity rights;
- post fake, incentivised or bad-faith reviews, or review an academy you have no genuine experience of;
- probe, scrape, decompile, reverse engineer or interfere with the Service or its security, or reach data you are not authorised to reach;
- resell, sublicense or white-label the Service without our written agreement; or
- introduce malware or place unreasonable load on the Service.
We may remove Content or restrict features to enforce this section.
6. Fees, payments and payouts
6.1 Member payments. Members can pay Academy fees and event charges through the Service. Online payments are processed by regulated third-party providers whose terms apply to the payment itself. Payments are currently supported in Indian Rupees. ClubStreak is not a bank and does not hold deposits.
6.2 Cash and offline payments recorded by an Academy are records the Academy makes. ClubStreak has no visibility into whether the underlying money changed hands.
6.3 Platform charges. Using online payment collection may carry a platform service or transaction charge, shown in the Service or agreed with the Academy. Any charge that applies to a payment is visible before the payment is made. We may change platform charges going forward with notice to the Academy.
6.4 Payouts and verification. Settling online collections to an Academy requires accurate business, bank and tax details and completion of identity verification by our payout partner. We may suspend collection or settlement where verification fails, where a provider or the law requires it, or where we reasonably suspect fraud. Settlement timing depends on the payment providers.
6.5 Refunds and chargebacks. Refunds of Academy fees are decided by the Academy under the Refund and Cancellation Policy. Chargebacks and disputes follow the payment provider’s process, and the Academy is responsible for amounts reversed on its collections.
6.6 Taxes. Academies are responsible for their own taxes, invoices and filings on the fees they collect. Each party bears the taxes the law puts on it.
7. Content
7.1 Yours stays yours. You keep ownership of Content you create. You grant ClubStreak a non-exclusive, worldwide, royalty-free licence to host, store, reproduce, adapt (for example resizing an image) and display it, solely to operate, provide and secure the Service and according to the audience the author chose. The licence ends when the Content is deleted, except for copies in backups for a limited period and Content others have lawfully re-shared within the Service.
7.2 Responsibility. You are responsible for Content you post and must have the rights to post it. Posting photos or video of identifiable people, especially minors, requires the consents the law demands. For Academy posts that is the Academy’s responsibility under Section 4(b).
7.3 Reviews must reflect genuine experience. Academies may reply through the Service but cannot pay to alter or remove reviews. We may remove reviews that break Section 5 or that we reasonably believe are not genuine.
7.4 Reporting. Report unlawful or infringing Content to support@clubstreak.com. We act on valid notices under applicable law, including the Information Technology Act and the rules under it in India, and operate a notice-and-takedown process.
7.5 Feedback you send us about the Service may be used without restriction or obligation.
8. Intellectual property
The Service, including its software, design, trade marks and everything we created, belongs to ClubStreak or its licensors and is protected by law. These Terms grant only a limited, non-exclusive, non-transferable, revocable right to use the Service for its intended purpose. No other rights are granted.
9. Third-party services
The Service uses third-party services such as SMS delivery, payment processing and push notifications. We are not responsible for them, and your use of them may be subject to their own terms, which will be presented where that applies.
10. Availability and changes
We work to keep the Service available and useful, including its offline behaviour in the apps, but it is provided without a guaranteed availability level. We may add, change or withdraw features. If a change materially reduces the Service for you as a paying Academy, you may terminate under Section 11 and receive a pro-rata refund of unused prepaid platform charges.
11. Suspension, termination and data on exit
11.1 You may stop using the Service and delete your account at any time from inside the app. Deletion follows the process and grace period in the Privacy Policy.
11.2 We may suspend or terminate access, or remove Content, where you materially or repeatedly breach these Terms, where the law requires it, or to protect users or the Service. We give notice unless the situation makes that impracticable, and where we reasonably can we warn you and give you a chance to put it right first.
11.3 When an Academy terminates, it may request an export of its records within 30 days, after which deletion follows the Privacy Policy. Provisions that by their nature survive, including Sections 4(e), 6.5, 6.6, 7, 8, 12, 13 and 14, survive termination.
12. Disclaimers
To the maximum extent the law permits, the Service is provided as is and as available, without warranties of any kind, express or implied, including fitness for a particular purpose and non-infringement. We do not warrant that the Service will be uninterrupted, error free or secure, that records maintained by Academies are accurate, or that any Academy is suitable for you. Attendance, safety, coaching quality and supervision at an Academy are the Academy’s responsibility.
Nothing in these Terms limits rights you have under mandatory consumer protection law where you live, or excludes liability that cannot be excluded by law, including for death or personal injury caused by negligence, or for fraud.
13. Liability
To the maximum extent the law permits: (a) neither party is liable for indirect, incidental, special, consequential or punitive damages, or for loss of profits, revenue, goodwill or data; and (b) ClubStreak’s total liability arising out of or relating to the Service in any 12-month period is limited to the greater of the platform charges you paid us in that period and ₹10,000 or the equivalent in the currency you paid in. These limits do not apply to liability that cannot be limited by law.
14. Indemnity (Academies)
An Academy will indemnify ClubStreak against third-party claims, losses and reasonable costs arising from: (a) its breach of Section 4; (b) its collection or use of personal data in violation of law; (c) claims by its Members about its services, fees or conduct; and (d) its Content. We will notify the Academy promptly of any claim and let it run the defence at its cost, provided it does not settle in a way that admits our fault without our consent.
15. Governing law and disputes
15.1 These Terms are governed by the laws of India, and the courts at Bengaluru have exclusive jurisdiction, subject to 15.2 and 15.3.
15.2 If you are a consumer in the EU or UK, you keep the mandatory protections of, and may bring proceedings in, the country where you live.
15.3 If you are a resident of the United States, these Terms remain governed by the laws of India, but you keep any rights that the mandatory consumer protection laws of your state give you, and you may bring an individual claim in a small claims court where you live. To the extent the law of your state permits, disputes will be brought individually and not as part of a class or representative action.
15.4 Before formal proceedings, both sides will try in good faith to resolve the dispute. Write to support@clubstreak.com and we will respond within 15 days.
16. Changes to these Terms
We may update these Terms. For material changes we give at least 15 days’ notice in the app or by the contact details on your account. Continuing to use the Service after the effective date means you accept them. If you do not agree, stop using the Service and delete your account before the change takes effect.
17. General
If a provision is held unenforceable, the rest stays in effect. Not enforcing a provision is not a waiver of it. You may not assign these Terms without our consent; we may assign them as part of a merger or sale, with notice. These Terms and the documents they incorporate are the entire agreement between you and ClubStreak about the Service. We may give notices in the app or through your registered contact details; notices to us go to legal@clubstreak.com.
18. Grievances (India)
Grievance Officer: legal@clubstreak.com, No 9, 2nd Floor, 27th Main, 100 Feet Ring Road, BTM 1st Stage, Bengaluru, Karnataka 560068. Grievances are acknowledged and resolved within the timelines prescribed under the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021 and the DPDP Act, 2023.