Terms & Conditions

We've drafted these terms (the "Agreement") of service so you'll know the rules that govern our relationship with you ("the customer" / "the user") of our application ("Signaclass"). Signaclass ("The Software" / "The Service") is a software-as-a-service product released by Spacely OOD (herein referenced as "we", "us," "our"). By using Signaclass, you agree to be bound by this agreement, so please read it carefully.

Spacely OOD is a company based at 36 Slavyanska, Plovdiv, Bulgaria, 4000, with company number 205256411. If you need to contact us, you can email us at [email protected].

We may revise these terms and conditions at any time, and it is your ("the user's") responsibility to ensure that you have read the updated version of our agreement. We will send you a notice by email when we have updated the terms.

We last updated these terms of service on 1st June 2021.

Our Data Processing Agreement is also attached to these Terms and Conditions. It outlines how we will process data received from individuals who use our service to attend your classes and how we will protect their data.

1. Definitions

1.1 "Agreement" means these terms of service.

1.2 "The Service" is Signaclass, a Software-as-a-Service product that allows activity businesses to take payments online (to their stripe account). It also means the infrastructure used to run Signaclass, such as its servers, domains and databases. It also means its attached intellectual property, such as technical documentation, guides and branding.

1.3 "Class" / "Classes" means an event, timeslot, activity, service appointment, or anything that an individual can purchase from a service user.

1.4 "The User" / "A User" refers to "you", the business or person who has created an account with Signaclass to manage their classes.

1.5 "Customer" / "A Customer" / "The Customer" refers to an individual who registers on a user's Signaclass account whether they pay for classes or not.

1.6 "Personal Data" has its meaning in the General Data Protection Regulation (GDPR) or other applicable law.

1.7 "Customer Data" refers to all Personal Data supplied by a customer on Signaclass to a user.

1.8 "Participant" / "A Participant" refers to an individual that a customer may provide data on as a potential physical attendee of classes, whether themselves or a child, or another person, they are responsible for, and whether they pay for classes or not.

1.9 "Participant Data" refers to all Personal Data supplied by a customer on Signaclass about a Participant to a user.

1.10 "Fee" is any amount owed to Spacely OOD by a user for using Signaclass.

1.11 "Content" refers to any text, images, audio materials, video, posts, comments, or blogs that are uploaded, placed on, or otherwise transferred to Signaclass by a user, customer or participant or put there by us, including any trademarks, logos and brand materials.

1.12 "Fault" refers to any failure, problem, error or bug in the service or providing the service.

1.13 "Businesses" / "Business" means an entity undertaking activity to generate a profit and taxed in its country as a profit-making entity. It excludes schools, charities, not-for-profit organisations, individuals organising events or classes purely for fun, and governments and branches of governments, local or national.

1.14 "Stripe" refers to Stripe Inc, 510 Townsend Street, San Francisco, CA 94103, USA or Stripe Payments Europe Limited, 1 Grand Canal Street Lower, Grand Canal Dock, Dublin, D02 H210, Ireland. Stripe provides payment processing services and APIs which allow Signaclass to function.

1.15 "Connected Account" refers to an account with Stripe that can receive money owned by the user but connected to Signaclass so that we can facilitate payments through our software.

2. Use of The Service

2.1 You will use our service exclusively to list your class times, take customer and participant data to facilitate your classes, and take payments from customers and other related functions made available in the app.

2.2 All information submitted by you (the user) and your customers belongs to you and is "Your Data". Your data include personal data of your customers, their participants, and your business details, information about your classes, their schedules, locations, and information about your staff you may enter as "Tutor Accounts."

2.3 The service collects personal data about you (the user) when you register on our website (signaclass.com). By registering with the service, you consent to us processing your data.

2.4. You agree that you have read our privacy policy carefully and consent to it and how we will process your data contained within.

2.5 Furthermore, you consent that we will transfer your business details onto "Stripe" during the sign-up process to facilitate the creation of a "Stripe Account" attached to Signaclass for your business to allow you to process payments in line with the purpose of our service.

2.6 You acknowledge that successfully creating a connected account at Stripe is a service condition. We are not responsible for any error, unlawful act or omission in your details, application or business that prevents or delays the creation of a connected account. You, the user, are ultimately responsible for the connected account.

2.7 If we suspect you (the user) of using the service for fraud, illegal activity, or posting other objectionable or abusive content, including content that damages the reputation of Spacely Ltd, we reserve the right to suspend the service to you immediately and without prior notice.

2.8 You acknowledge our service can be used by adults for themselves as participants or adults to arrange classes for individuals they are legally responsible for, such as their children. You, the user, agree to not use the service for classes marketed directly to under-18s and only to accept the data of under-18s with consent from parents or guardians.

2.9 You agree that you will inform us if you suspect that you have gathered personal data of under 18s without a parent or guardian's consent so that we can avoid processing it, take action and delete this customer data or participant data promptly.

2.10 You agree that the service will reject any customer who provides a date of birth that indicates that they are not over 18 years (or the age of adulthood under your legislature, whichever is greater) during the sign-up process.

3. Access to the Service

3.1 You, the user, confirm that you have the necessary authority to create an account on the service for your business. 3.2 You, the user, confirm that you are a business as described in section 1 ("Definitions"). You will provide accurate information for verifying such, such as your company number or Tax / VAT Identification number.

3.3 You, the user, agree to inform us if your status as a business changes before your next billing date so that we can ensure proper tax compliance.

3.4 Access to the service will be made available to you at a Signaclass sub-domain you have chosen during the service set-up. You can log in by clicking the appropriate button on your dashboard.

3.5 You may not sell or trade access to the service, or your account on the service, to any other person or business. 3.6 You agree not to share your login details (email and password) with any third parties and maintain reasonable security practices concerning the service, such as logging out when you have finished working and changing your password if a device is stolen.

3.7 You agree that we will not be liable for damages or loss caused by you disclosing your login details to third parties or not maintaining good security practices.

3.8 You agree that you are liable for loss or damages if you expose personal data through your disclosure of login details or failure to maintain reasonable security practices. You agree to indemnify us and protect us from such claims. In such cases, your login details will serve as evidence of improper access to our service, and we may use other information such as IP addresses.

3.9 Providing us with any false, misleading or fraudulent information may result in the termination of your account. That includes providing fraudulent or otherwise incorrect details of you (the user) or your business.

3.10 If we suspend or terminate your account, you will not be entitled to operate another report on the service.

3.11 We reserve the right to terminate and suspend accounts indefinitely in response to a user's unlawful or objectionable actions or when payments for the service are not made.

3.12 You, the user, may cancel the service, for any reason, through your dashboard or contact us at least three working days before the next billing period.

3.13 We will take action to remove illegal, unlawful, fraudulent, misleading or morally reprehensible content from the service, including deletion and alteration of content and suspension or termination of your account on the service.

4. Fees and Billing

4.1 Fees for the service are structured as a monthly (calendar month) subscription and offered in "Plans", available on our website (signaclass.com).

4.2 We may offer a time-limited free trial of the service during your set-up at our discretion.

4.3 When you set up your account with Signaclass, you will select your plan and be requested to enter your card details. We will charge your card after the free trial period has expired if we offer you a free trial. If we do not offer you a free trial, we will charge your card immediately.

4.4 Your billing date will be the date you set up your subscription for the service, plus any free trial you received. 4.5 You may cancel the service before the next billing date by clicking the cancel button in your dashboard.

4.6 It is your, the user's, responsibility to determine the prices of your products and services offered to your customers using our service.

4.7 We reserve the right to suspend or terminate your access to the service in the event fees for the service are not paid on your billing date by you.

4.8 You, the user, will ensure you provide us with accurate details to ensure the proper charging of VAT and tax. Such details include your VAT or Tax ID.

4.9 VAT will be charged if your business is registered in Bulgaria or the EU and does not supply a valid VAT identification number.

4.10 Natural Persons in the EU not operating as a business or without a valid VAT number will be charged at their country's local rate.

4.11 We will not charge VAT to businesses with a valid VAT number within the EU, businesses outside the EU, or natural persons outside the EU.

5. Your Rights and Obligations

5.1 By registering an account with the service, you, the user, agree to these terms and conditions.

5.2 You, the user, are granted non-transferable, non-exclusive rights to use the service.

5.3 We reserve all other rights not expressly given in this agreement.

5.4 It is your, the user's, responsibility to inform all customers that we are storing and processing their data as a subprocessor under this agreement and the attached Data Processing Agreement ("DPA").

5.5 It is your responsibility to respond to any customer requests for support using our service to interact with your business. Examples of requests may include but are not limited to requests for information on registering for your classes or cancelling a subscription to your classes.

5.6 You must not use the service or allow anyone to use the service in any unlawful way or in a way that promotes illegal actions, hate, violence or other immoral or outrageous behaviour. We reserve the right to terminate your account in such cases immediately.

5.7 You must not attempt to reverse engineer the service or our website.

5.8 You must not attempt to copy the service or gain unauthorised access to the service's source code, servers, databases, networks or any hardware the service uses.

5.9 You must not sublicense or resell the service to anyone.

5.10 You agree that any sub-accounts you set up on the service, including tutor accounts, are also bound by this agreement.

5.11 You must not abuse, copy, reproduce or transfer any of our trademarks or branding, or intellectual property, such as text from our website or images, without express permission.

5.12 You must not use the service to distribute spam or undertake other annoying, unlawful or immoral advertising practices.

5.13 You must not harm our reputation by using the service.

5.14 You must report faults or suspected faults by email to [email protected] or via the chat widget and include information about the fault and your contact details so we can respond.

5.15 You must make us aware promptly of any breaches or violations of this agreement by email to [email protected]

5.16 You are not to use the service to advertise or sell classes directly to people under 18 years of age (or the age of adulthood in your legislature if it is greater). You must seek the consent of parents or guardians before subscribing children to your classes.

6. Our Rights and Obligations

6.1 We reserve the right to change the service and its features, adjust its content, look, design or function, or withdraw our service without notice.

6.2 From time to time, the service will require "maintenance" to prevent future problems or action improvements. We reserve the right to withdraw the service or restrict access during maintenance periods to both you, the user, your customers and all other visitors to the service.

6.3 There is no obligation for us to improve, add features, functions, maintain or otherwise alter the service for your, the user's benefit or at your request.

6.4 We are not required to have backup facilities, take backups of your data or convert data to another format than that which we use in the service.

6.5 Whilst at no point will other Users have access to your data or your instance of the service, we may offer the service to anyone we see fit, including your competitors, without restriction or notice and without providing exclusivity, in any way, to you.

6.6 We reserve the right to refuse access to the service.

6.7 Under no circumstances will we provide a physical device (for example, a "USB Stick" or "CD-ROM") containing the service, its source code or anything required to run the service.

6.8 Signaclass collects data from the customers, the users and third party services such as Stripe. We are not responsible for the accuracy or completeness of information on the service, and it is your responsibility to ensure data is accurate before relying on it.

6.9 We follow strict security policies, and all personal information submitted is stored securely, safely and identifiably separate from other users.

6.10 We shall not disclose your data, or those of your customers or their participants, to any third party except:

6.10.1 When we are required to by law.

6.10.2 When outlined in our Data Processing Agreement, attached to these terms.

6.10.3 We have grounds to believe that fraud may occur or has occurred on the service to protect ourselves from the risk of being involved in illegal transactions.

6.11 In the event of a dispute between two or more individuals about ownership of an account on the service, we reserve the right to take action to resolve the matter, including the gathering of personal identification documents and payment information. We also reserve the right to suspend the service until the resolution of the dispute.

6.12 We reserve the right to terminate the service to a user in the event of threats or abuse, whether verbal or written.

7. Content on the Service

7.1 You are ultimately responsible for all the content you write into or upload to the service, and we do not claim any intellectual property rights over your content.

7.2 We do not monitor your content, but you, the user, agree not to upload illegal or harmful content, fraudulent content, sexually explicit content, content that is abusive or which infringes on the copyright or intellectual property of others.

7.3 You agree to indemnify us for any breach of relevant laws and regulations or claims resulting from content you put on the service.

7.4 By placing your content on the service, you agree to us publishing it and making it publicly accessible on the internet, viewable by your customers and their participants, indexable by search engines and otherwise freely available.

7.5 You grant us a worldwide, royalty-free, and non-exclusive right and license to use, modify, distribute and transmit your content, including your trademarks and logos, over the service, including, without limitation, third-party websites, APIs, emails and other formats.

7.6 We reserve the right to delete or alter your content if it does not comply with 7.2.

7.7 You agree that some content may continue to exist in data backups or exist otherwise in line with this agreement when you delete content.

7.8 You, the user, agree to receive occasional information about the service, our products and other updates by email. You may opt out by clicking the "unsubscribe" button.

8. Limitations of Liability, Indemnification and Disclaimers

8.1 the contents of both our website and the service are without any guarantee, conditions or warranties as to their accuracy, reliability or content.

8.2 In no event shall we be liable to the user or any third party for any indirect, incidental, special, consequential, punitive or exemplary damages (including, but not limited to, damages based upon lost profits, business interruption, lost business, lost data or lost savings) for any fault or inaccuracy in the service, or the user's inability to use the service, even if you or others have told us about them.

8.3 The Service is provided as-is. We give no warranty that The Service will be uninterrupted, secure, timely, or virus free. Use of The Service, and this website, are at your sole risk.

8.4 You agree that we are not liable for any content you place, upload, create, transmit or transfer on the service.

8.5 You agree that it is at your discretion and risk to use the service, and we will not be liable for any damage to your computer, device, phone or any other thing you use to access the service.

8.6 You agree that we will not be liable for your actions using the service, including any resulting loss or damage to you or any other party.

8.9 You, the user, agree to indemnify us, as well as our directors, employees and contractors, for any expenses, losses, costs, charges, proceedings, claims or other damages that may be held against us as a result of you using the service or our website, including copyright claims.

9. Force Majeure

9.1 Neither party to this agreement shall be liable for a failure to perform any obligations in this agreement when such a failure results from a "Force Majeure" or "act of god". These events include, but are not limited to, fire, flood, earthquake, or other natural disasters, war, invasion, rebellion, revolution, civil war, hostility and acts of enemies, terrorism, nationalisation, confiscation, government sanction, embargo, blockage, strike, labour dispute, failure of electricity or telephone service, attack of computer viruses or cyber-attacks, breakdown of electronic and communication systems and any such events occurring to our subcontractors or third-parties.

10. Severability

10.1 If any provision of this agreement is determined to be void, invalid, unenforceable or illegal for whatever reason, such provision(s) shall be null and void; provided, however, that the remaining provisions of this agreement shall be unaffected, thereby and shall continue to be valid and enforceable.

10.2 Any finding that a provision of this agreement is unenforceable in any jurisdiction does not affect the validity and enforceability in other jurisdictions or other provisions of this agreement in that jurisdiction.

11. Jurisdiction

11.1 This Agreement is governed by the laws and courts of The Republic of Bulgaria.

11.2 Any dispute that may arise about this agreement shall be settled within the courts and laws of The Republic of Bulgaria.

12. Entire Agreement

12.1 This, and the attached is the entire agreement between you and us. This agreement supersedes any prior oral or written agreements, however delivered.