Terms of Use and Service

These terms (the "Terms") govern access to and use of the paak.club website, the Paak application at app.paak.club and the associated services (together, the "Service"). The Service is operated by Emmara (see section 1). By creating an account or using the Service, you accept these Terms.

1. Operator of the Service

Emmara by Cyrille Barraud, a sole proprietorship under Swiss law (UID CHE-309.503.616), St. Alban-Anlage 25, 4052 Basel, Switzerland (the "Operator").
Contact: contact@paak.club.

2. Definitions

• Service: the Paak sports-club management platform (website, application and associated features).
• User: any person who creates an account to administer one or more clubs (director, coach, staff member).
• Club: the organisation (association, club, entity) managed in the Service by a User.
• Member: a person registered within a Club (member, parent, minor) whose data is entered by the Club.
• Subscription: the plan a Club subscribes to in order to access the Service (see section 6).

3. Purpose and acceptance

The Service lets a Club manage its members, licences, membership fees, training sessions, attendance and, where enabled, the online collection of its payments. Using the Service requires full acceptance of these Terms. If you act on behalf of a Club, you represent that you are authorised to bind it.

4. Account, registration and security

• Administrator access requires an account. Authentication relies on passkeys and one-time codes (provider Hanko); no password is stored.
• The User is responsible for keeping their access credentials confidential and for any activity carried out from their account.
• The User undertakes to provide accurate information and to keep it up to date.
• Any fraudulent or unauthorised use of an account must be reported without delay to contact@paak.club.

5. Respective roles: Operator, Club and Member

The Club is the data controller for its Members' data; the Operator acts as a processor and hosts that data on the Club's behalf without exploiting its content. How personal data is processed is described in the privacy policy, which forms an integral part of these Terms.

The Club is solely responsible for the lawfulness of the data it enters, for obtaining the consents required from its Members (including for minors and health data), and for the contractual relationship between the Club and its Members.

6. Subscriptions, prices and billing

The Service is offered under several plans, including a free plan and paid plans ("Paak One" and "Paak Pro"). The features and price of each plan are shown on the pricing page at the time of subscription.

• Paid subscriptions are billed in advance according to the chosen frequency (monthly or annual).
• Price and VAT. The price shown is the price invoiced, in the currency applicable to the Club's market. For a Club invoiced in Swiss francs, the price shown includes Swiss VAT (8.1%), shown separately on the invoice. For other Clubs, the Operator adds no Swiss VAT; taxes that the law of the Club's country places on the Club are the Club's own.
• Renewal. A paid Subscription renews automatically for an identical period, at the same price, until it is cancelled. The Club cancels at any time from its account; cancellation takes effect at the end of the period already paid for (see section 8). A change of price is notified under section 14 before it applies to the next period.
• Withdrawal. Swiss law gives a Club no right of withdrawal when it subscribes online. If the mandatory law of the country of a User who is a consumer provides one, it applies (see section 15.3).
• Subscription payments are processed by our payment provider Mollie.
• An upgrade takes effect immediately; a downgrade takes effect at the end of the current period.

7. Member payments via Mollie or Stripe

Where a Club enables online collection, its Members' payments (membership fees, equipment) are processed by the payment provider the Service offers in the Club's country: Mollie (Mollie B.V., Netherlands, EU) or, in countries where Mollie is not available, Stripe. In both cases the Club opens its own account with the provider, funds are paid to the Club, and the Operator may collect an application service fee.

• The application service fee depends on the Club's plan, indicatively: free plan 1.2% capped at €2.50 per transaction, or the equivalent in the Club's currency, paid plans 0%, in addition to the payment provider's own fees. The amount that applies to a Club is shown in the payment settings of its account.
• The Operator acts as a technical facilitator; it is not a party to the contract between the Club and its Member, nor to the payment-service contract between the Club and its provider (Mollie or Stripe).
• Enabling collection requires the Club to open an account with that provider and accept its terms.

8. Term, termination and fate of data

• These Terms apply for as long as the User holds an active account.
• The User may cancel their Subscription at any time; cancellation takes effect at the end of the period already paid for, with no pro-rata refund unless a mandatory legal provision requires otherwise.
• The Operator may suspend or terminate access in the event of a serious breach of these Terms, after formal notice where the law requires it.
• After termination, account data is retained for up to 90 days and then deleted, subject to statutory retention obligations (notably billing data, retained for 10 years, art. 958f of the Swiss Code of Obligations). Details are in the privacy policy.

9. User obligations and acceptable use

The User undertakes not to:

• use the Service for unlawful purposes or in breach of third-party rights;
• enter data they are not entitled to hold, or without having obtained the required consents;
• attempt to access another Club's data, circumvent security measures, or disrupt the Service;
• systematically extract or reuse the Service's content or data beyond normal use.

10. Availability, maintenance and support

The Operator uses reasonable means to keep the Service available. Interruptions may occur for maintenance, updates or causes beyond the Operator's control. Support is provided electronically at contact@paak.club.

11. Intellectual property

The Service, its brand, its interfaces and its software components remain the exclusive property of the Operator. These Terms transfer no ownership: they grant a personal, non-exclusive and non-transferable right of use, limited to the term of the Subscription. Data entered by the Club remains the Club's property.

11.1 Commercial reference: Club name and logo

With the Club's express prior consent, given in writing (for example by an email to contact@paak.club), the Operator may state the Club's name and reproduce its logo solely as a commercial reference, on paak.club and in its presentation materials and communications, to indicate that the Club uses the Service. Without that consent, the Operator uses neither the Club's name nor its logo for this purpose. This use is strictly limited to reference: it grants no other right to exploit the Club's name, trademark, logo or image, and implies no partnership, sponsorship or endorsement of the Club towards third parties.

The Club may withdraw its consent at any time, without having to give a reason, by writing to contact@paak.club; the Operator then ceases such use within a reasonable time and no later than the next update of the materials concerned, the withdrawal not affecting materials already printed or distributed before the request. The Club warrants that it holds the rights to the brand elements it provides for this purpose.

12. Personal data

The processing of personal data is described in the privacy policy, drawn up in accordance with the Swiss Federal Act on Data Protection (nFADP / FADP) and, where applicable, the GDPR. That policy forms an integral part of these Terms.

13. Warranties and limitation of liability

13.1 The Service as is

The Service is provided as is, with the reasonable care expected of a diligent provider. The Operator does not warrant that the Service will be free from any interruption or error.

13.2 What the Service does not replace

Paak is a management tool. The reminders, tracking and estimates it shows (for example the tracking of a stand-down period after a concussion, the expiry dates of qualifications, the estimate of a subsidy) help the Club organise itself. They are not medical, legal or accounting advice, not an authorisation, and not a guarantee that a legal, federation or administrative requirement is met. The Club alone decides, under its own responsibility, when an athlete returns to play, whether to accept a coach or a volunteer, what amounts it invoices or claims, and what it does with the authorities, federations and insurers.

13.3 Liability of the Operator

The Operator is liable under Swiss law for damage that the Club proves was caused by a negligent breach of these Terms. That liability is limited as follows, to the extent the law permits.

• Cap. For slight negligence (negligence that is neither intentional nor gross), the Operator's total liability to the Club for all claims arising in the same period of twelve months does not exceed the higher of these two amounts: (a) the amounts the Club paid the Operator for the Service in the twelve months before the event (subscriptions and application service fees collected by the Operator); (b) CHF 500, or the equivalent in the currency in which the Club is billed.
• Indirect damage. For slight negligence, the Operator is not liable for indirect or consequential damage, such as loss of profit, of memberships, of subsidies or of partners, or harm to the Club's reputation.
• Auxiliaries. The Operator answers under art. 101 of the Swiss Code of Obligations (CO) for the persons and providers it entrusts with performing the Service (hosting, authentication, sending of emails). That liability is subject to the same limits, as art. 101 para. 2 CO permits.
• The Club's own providers. The Operator is not liable for providers the Club contracts with directly, in particular its payment provider (see section 7), or for third-party services the Club connects to the Service.

13.4 What is not limited

Nothing in these Terms excludes or limits the Operator's liability for its own intent or gross negligence: such an exclusion would be void (art. 100 para. 1 CO). The Operator also does not limit its liability for death or for injury to a person's body or health, or where a mandatory provision that applies prohibits limiting it.

13.5 Members, third parties and mandatory law

These limits apply between the Operator and the Club. They do not take away from a Member or a third party the rights that the law gives them directly against the Operator, notably on data protection (see the privacy policy). If a User is a consumer under the law that applies to them and that law mandatorily gives them wider protection, that protection prevails over this section, to that extent only. For governing law and jurisdiction, see section 15.

14. Changes to the Terms

The Operator may amend these Terms to reflect legal, technical or functional developments. Substantial changes are notified by email to active Users before they take effect. The date of last revision appears at the top of this document.

15. Governing law and jurisdiction

15.1 Governing law

These Terms are governed by Swiss law.

15.2 Jurisdiction

Any dispute between the Operator and a Club concerning the validity, interpretation or performance of these Terms falls under the exclusive jurisdiction of the courts of the canton of Basel-Stadt (Switzerland), the Operator's seat. Either party may nevertheless apply for interim measures, or for enforcement of a decision, wherever the applicable law allows it. Clubs established in the United States are covered by section 15.4.

15.3 The mandatory rules of your country

These Terms are addressed to Clubs, that is, to organisations using the Service for their activity. Consumer-protection rules are about natural persons acting outside any business or professional activity; a Club, as an organisation, is not in that position. That said, the choice of Swiss law and of the courts of Basel-Stadt does not deprive a Club or a User of the rules of its country that the law does not allow to be set aside by contract. Where such a rule applies, it prevails over the corresponding clause, to that extent only, and the rest of the Terms remains in force. In particular:

• European Union. A User who is a consumer cannot lose, through the choice of Swiss law, the protection of the mandatory provisions of the law of their country of habitual residence, where the Operator pursues or directs its activity to that country (Regulation (EC) No 593/2008, "Rome I", art. 6). On the same conditions they may also sue in the courts of their own domicile, and a jurisdiction clause agreed in advance does not stop them (Regulation (EU) No 1215/2012, art. 18 para. 1 and art. 19; 2007 Lugano Convention, arts. 16 and 17, for the States it binds).
• Switzerland. For contracts for goods or services of ordinary consumption intended for a consumer's personal or family use, the consumer cannot waive in advance the forum the law reserves to them (arts. 32 and 35 of the Civil Procedure Code, CPC; art. 114 para. 2 of the Private International Law Act, PILA), and a Swiss court in some cases applies the law of the consumer's habitual residence without the parties being able to choose another (art. 120 PILA). A Club's subscription is in principle not such a contract.
• Other countries. The law of some countries (for example on standard terms, on the protection of small businesses, or on consumers) may contain rules of the same kind. They apply to the extent a court of that country applies them, and Paak does not claim to set them aside.

15.4 Clubs established in the United States

This subsection applies to a Club whose seat or main place of activity is in the United States of America, as shown in its account. It does not apply to Members, parents or minors: they are not parties to these Terms, nothing in this subsection requires them to arbitrate, and it limits none of their rights or remedies.

• Arbitration. Instead of section 15.2, any dispute between the Operator and such a Club arising out of these Terms or the Service is finally resolved by arbitration under the Swiss Rules of International Arbitration of the Swiss Arbitration Centre in force on the date the Notice of Arbitration is submitted. There is a sole arbitrator, the seat of the arbitration is Basel (Switzerland), the language is English, and hearings may be held remotely by videoconference (Swiss Rules, art. 27 para. 2). The Rules' expedited procedure applies where its conditions are met (art. 42).
• Individual claims only. The Club acts on its own behalf. It waives the right to bring or take part in a class, collective or representative action as a plaintiff or class member, and its claims may not be joined with those of another Club.
• Law. Swiss law governs these Terms. Where United States federal law decides the validity or enforcement of this arbitration agreement, that law is the Federal Arbitration Act (9 U.S.C. § 1 et seq.).
• Urgent measures. Either party may ask a court of competent jurisdiction for urgent interim measures without waiting for the arbitral tribunal to be constituted.
• Mandatory United States rules. Some US states have rules that, in some cases, limit the effect of a choice of foreign law, a foreign court, an arbitration clause or a class-action waiver. If a court holds that such a rule prevents a part of this subsection from applying to a given Club, that part does not apply to that Club and the rest of the Terms remains in force. A claim for which the class-action waiver is held unenforceable is not arbitrated: it is brought before the court competent under section 15.2 or, if that section cannot apply, before the court that the applicable law designates.

15.5 Languages

These Terms exist in French, English and German. The Club is bound by the version in the language of the interface it was using when it accepted them. If two versions differ, the French text prevails.

16. Contact

For any question about these Terms: contact@paak.club.

Related pages

• Legal notice
• Privacy policy
• Cookie policy