Terms & Conditions

1. Acceptance and contract scope

These Terms and Conditions govern access to and use of Clubspot, including the public website, authenticated club workspace, onboarding flow, and any related support, messaging, or account services we make available.

By creating an account, accepting an order form, or using the service on behalf of a club, incorporated society, committee, association, or similar organisation, you agree that these Terms apply to that organisation and to the authorised users acting for it.

If you are accepting these Terms for an organisation, you confirm that you have authority to bind that organisation. If you do not have that authority, do not use the service on the organisation's behalf.

These Terms are written for business and club administration use. Nothing in these Terms limits rights, guarantees, or remedies that cannot legally be excluded.

2. Service and access

Clubspot is a hosted software service designed to help clubs manage member information, operational tasks, event bookings, and related administration workflows. Features may change over time as the product evolves from pilot to production use.

We may offer some features as pilot, beta, early access, or preview functionality. Those features may have reduced functionality, limited support, or changed behaviour while they are still being developed.

Your right to use the service is limited, non-exclusive, non-transferable, revocable, and subject to these Terms, any agreed commercial terms, and your ongoing compliance with applicable law.

• You may use the service only for your club's legitimate internal administration and member-facing operations.
• You must not resell, sublicense, mirror, or commercially exploit the service except with our written approval.
• We may use subcontractors, infrastructure providers, payment providers, authentication providers, email providers, AI providers, and other service providers to host, support, secure, or improve the service.

3. Accounts and authorised users

Each club is responsible for the actions of its administrators, committee members, staff, volunteers, and any other users it authorises to access the workspace.

You must keep account details accurate and current, maintain reasonable access controls, and remove access promptly when a user no longer needs it or is no longer authorised to act for the club.

You are responsible for all activity that occurs through your accounts, connected mailboxes, connected calendars, and approved integrations unless the activity results directly from our breach of these Terms or our failure to maintain reasonable security for the hosted service.

• Login links, passwords, or magic-link emails must not be shared outside authorised users.
• You must ensure the person who signs up or configures the workspace is authorised to do so.
• You must notify us promptly if you suspect unauthorised access, compromised credentials, incorrect mailbox access, or a security incident affecting your tenant.

4. Acceptable use and messaging

You must use the service lawfully, fairly, and in a way that does not interfere with the service, our infrastructure, other customers, or the rights of any individual whose information is stored or processed through the platform.

If you use the platform to prepare, draft, send, schedule, or manage email, notices, reminders, or other club communications, you are responsible for ensuring that the content, recipient list, consent basis, sender identity, unsubscribe or opt-out handling, and timing are appropriate for the message and comply with applicable law.

You must not upload, store, process, or distribute any material through the service that is unlawful, misleading, defamatory, fraudulent, abusive, harmful, infringing, or designed to gain unauthorised access to systems, data, or accounts.

• Do not use the service to send spam, unsolicited commercial messages, or misleading notices.
• Do not send messages to people where your club does not have a valid relationship, consent basis, or other lawful reason to contact them.
• Do not attempt to probe, reverse engineer, scrape, disable, or overload the service or related systems.
• Do not use the service in a way that breaches privacy, discrimination, safeguarding, or employment obligations applying to your club.

5. Email drafts and beta sending

Clubspot may help prepare Gmail drafts, operational emails, reminders, replies, campaign messages, or other club communications. Drafting and sending tools are workflow aids only. Your club remains the sender and remains responsible for deciding whether a message should be sent.

The send function is beta functionality. It may fail, send to the wrong recipient if your data or configuration is wrong, omit required wording, include incorrect content, be blocked by providers, hit rate limits, be delayed, or behave differently as the feature changes. You must test any send workflow, connected mailbox, sender identity, approval rule, automation rule, template, and recipient list before relying on it in live club operations.

We strongly advise using Clubspot in draft-only mode unless and until your club has completed its own testing and review, is comfortable with the risk, and has configured appropriate approvals and safeguards. If you enable any direct-send, auto-send, scheduled-send, or approval-to-send workflow, you do so at your own risk and must monitor the resulting messages.

• You are responsible for reviewing all drafts before sending.
• You are responsible for all emails sent from, through, or because of your connected mailbox, sender identity, account, users, automations, approvals, or data.
• We are not responsible for missed, delayed, blocked, bounced, duplicated, incorrectly addressed, incorrectly worded, or unintended emails except to the extent caused by our fraud, wilful misconduct, or liability that cannot legally be excluded.
• You must keep an independent process for urgent, legal, safety-critical, employment, disciplinary, payment, cancellation, medical, safeguarding, emergency, or other high-risk communications. Do not rely on beta sending for those communications.
• We may disable, limit, throttle, or require draft-only mode for sending features if we believe there is a risk to recipients, your club, our systems, provider reputation, legal compliance, deliverability, or other customers.

6. AI-assisted outputs

Some Clubspot features may use AI or automation to classify messages, summarise information, propose tasks, draft replies, extract booking details, or generate other outputs. AI-assisted outputs can be incomplete, outdated, biased, misleading, or wrong.

You must review and approve AI-assisted outputs before using them for decisions or communications. Clubspot does not provide legal, accounting, employment, medical, safeguarding, governance, tax, financial, or professional advice.

You are responsible for the decisions your club makes using the service, including whether to rely on, edit, discard, or send any AI-assisted output.

• Do not use AI-assisted outputs as the only basis for high-risk or legally significant decisions.
• Check dates, names, prices, availability, commitments, policies, attachments, links, and recipient details before sending or acting.
• Tell us promptly if an output creates a safety, privacy, security, legal, or operational concern.

7. Privacy, data, and security

As between you and us, you retain responsibility for the personal information, club records, and other content you submit to the service. You confirm that you have a lawful basis to collect, use, disclose, and store that information through the platform.

We will handle customer data in line with our published privacy documentation and our role as the hosted service provider. We may access customer data where reasonably necessary to provide support, investigate incidents, prevent misuse, comply with law, or protect the security and integrity of the service.

Both parties will comply with the privacy and data protection laws that apply to them. For New Zealand customers, that includes meeting obligations relevant to the Privacy Act 2020 and taking prompt action where a privacy breach creates, or is likely to create, serious harm.

If you connect Gmail, Calendar, or another third-party account, you confirm that you have authority to connect it, that the account is appropriate for club administration, and that you have considered whether imported history, recipients, and calendar data may contain personal or sensitive information.

• You are responsible for notices, consents, retention settings, and accuracy of the data your club places in the service.
• We will maintain reasonable administrative, technical, and organisational safeguards for the hosted environment, but no online service can be guaranteed to be completely secure.
• We may use aggregated or de-identified service usage information to operate, secure, and improve the product, provided that information does not identify your club or individual members.

8. Fees and payment

Fees, billing cycles, plan limits, pilot pricing, and any onboarding or setup charges will be set out in your order form, invoice, subscription checkout, or other agreed commercial record. Unless we state otherwise, all fees are exclusive of taxes, duties, and government charges.

You must pay invoices and subscription charges on time using the payment method or process we specify. If a payment is overdue, we may charge reasonable recovery costs and, after giving notice, suspend some or all access until the overdue amount is resolved.

Unless a law that cannot be excluded says otherwise, fees already paid are non-refundable. If you cancel part-way through a billing period, access generally continues until the end of the period already paid for, unless your agreement says otherwise.

• You must keep billing contact details accurate.
• Plan changes, discounts, and manual overrides apply only if recorded in writing by us.
• We may change pricing for future billing periods by giving reasonable advance notice.

9. Intellectual property and feedback

We and our licensors own all right, title, and interest in the service, including the software, interface design, branding, documentation, workflows, and all related intellectual property rights. These Terms do not transfer ownership of that intellectual property to you.

You retain ownership of the data and original content your club uploads to the service. You grant us a non-exclusive right to host, copy, transmit, format, back up, analyse, and otherwise process that content as reasonably necessary to operate, secure, support, and improve the service.

If you provide suggestions, ideas, or feedback about the service, we may use that feedback without restriction or compensation, provided we do not publicly identify you as the source without permission.

10. Availability, support, and changes

We will use reasonable efforts to keep the service available and to address defects or incidents within a timeframe appropriate to their severity, but we do not promise uninterrupted or error-free operation.

We may perform maintenance, release updates, change features, or modify workflows where reasonably necessary to operate, secure, improve, or comply with legal or regulatory requirements. We will try to avoid materially adverse disruption where reasonably practicable.

We may suspend access immediately if we reasonably believe that continued use creates a security risk, breaches these Terms, risks harm to other customers, exposes us to legal liability, or is required by law or by a competent authority.

11. Disclaimers, indemnity, and liability

Except as expressly stated in these Terms, the service is provided on an "as is" and "as available" basis. To the maximum extent permitted by law, we exclude all warranties, representations, and conditions that are not expressly set out here, including implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement.

You are responsible for the accuracy of your data, the operational decisions your club makes using the service, and the legal sufficiency of communications, member processes, or governance decisions taken through the platform.

You indemnify us, our personnel, and our service providers against claims, losses, damages, penalties, fines, costs, and expenses arising from your content, recipient lists, connected accounts, email sending, misuse of the service, breach of these Terms, breach of law, or breach of third-party rights, except to the extent caused by our fraud, wilful misconduct, or liability that cannot legally be excluded.

To the maximum extent permitted by law, neither party is liable to the other for any indirect, consequential, exemplary, special, incidental, or punitive loss, or for loss of profit, revenue, goodwill, expected savings, business opportunity, reputation, deliverability, or data. Our total aggregate liability arising out of or in connection with the service and these Terms is limited to the fees paid or payable by you for the service in the 12 months before the event giving rise to the claim.

• We do not guarantee that emails will be delivered, opened, accepted by providers, avoid spam filters, or produce any particular outcome.
• We do not guarantee that beta features, AI-assisted outputs, integrations, third-party APIs, or connected providers will be error-free, continuously available, or suitable for your particular use.
• Nothing in these Terms excludes liability for fraud, wilful misconduct, or any other liability that cannot legally be excluded.

12. Termination and data handling

These Terms continue until your subscription or access ends. You may stop using the service at any time and may cancel in line with your agreed billing terms. We may terminate or suspend access for material breach, persistent non-payment, unlawful use, security risk, harmful sending, provider-policy risk, or if continuing the service becomes commercially or legally impracticable.

Where reasonably possible, we will give notice and a chance to remedy before termination for breach. We do not need to do so where immediate suspension or termination is reasonably necessary for security, fraud prevention, or legal compliance.

After termination or expiry, we may delete or anonymise customer data in line with our retention and backup processes unless we are legally required to keep it. If agreed as part of your plan or offboarding process, we may provide a reasonable export of your current customer data before deletion.

13. General legal terms

We may update these Terms from time to time. If a change materially reduces your rights or materially increases your obligations, we will give reasonable notice before the updated Terms take effect. Continued use after that effective date means you accept the updated Terms.

Neither party is liable for delay or failure caused by events beyond reasonable control, including natural disasters, network failures, third-party service outages, labour disputes, or government action.

You must comply with applicable third-party terms and policies for services used with Clubspot, including Google, Gmail, Google Calendar, payment providers, email providers, domain providers, and any connected club systems.

These Terms are governed by the laws of New Zealand, unless another mandatory law applies and cannot be excluded. The courts of New Zealand will have non-exclusive jurisdiction over disputes arising from these Terms.

If any provision is unenforceable, the rest of these Terms remain in effect. A failure to enforce a right is not a waiver. You may not assign these Terms without our written consent, except as part of a genuine merger, restructure, or sale of substantially all relevant assets.