These Terms of Service ("Terms") are an agreement between Atemi ("we", "us") and the business that uses the Atemi platform to run its club ("you", "the club"). They apply together with the order or quote we agree with you, which sets out your plan, price and billing interval. If the order and these Terms disagree, the order wins. By signing an order, or by using the platform, you accept these Terms on behalf of your business, and you confirm you are authorised to do so.

If you are a member of a club that uses Atemi, your agreement for classes and membership is with your club, not with us. Our Privacy Policy explains how your data is handled.

1. The service

Atemi is software for running a club: members and families, memberships and billing, classes and bookings, door access, leads, messaging, a website and a member app. We set up your club on the platform once your order is agreed, at an atemi.app address or on your own domain. The features available to you are the ones included in your plan and any add ons you buy. We keep improving the platform and may change or replace features; if a change removes something material you pay for, we will tell you at least 30 days before.

2. Accounts and access

You decide who on your team gets access and what each role can do. You are responsible for what happens under your club's accounts, for keeping sign in details private, and for removing access when someone leaves. Everyone with admin access should use a strong password they use nowhere else. Tell us straight away at the address below if you think an account has been misused.

3. Fees

Your fees are those in your order. Unless the order says otherwise, they are charged in advance, monthly or yearly, through Stripe, either by an emailed invoice payable within 14 days or by automatic charge to the payment method you keep on file with Stripe. Fees are shown in the currency in your order and exclude VAT and other taxes, which we add where they apply. There is no free trial unless your order offers one. We may change our prices by giving you at least 30 days' notice; the new price applies from your next billing period after the notice ends, and you may cancel before then.

4. Late payment and suspension

If a payment fails or an invoice is overdue, we will contact you. If it is still unpaid 14 days after we have told you, we may suspend your club. While suspended, your website, member app and admin console are offline, but nothing is deleted, and we restore them as soon as the overdue amount is paid. Member payments you have already set up with your own payment provider are between you and that provider.

5. Payments from your members

You connect your own accounts with the payment providers the platform supports (Stripe for cards, GoCardless for Direct Debit and Global Payments for in person card terminals). Your members' money goes from them to your provider account and on to your bank. We never hold your members' money, we are not a party to your agreements with your members or with your provider, and we take no percentage of your members' payments. Each provider's own terms apply between you and that provider, including its fees. You are responsible for your prices, refunds, disputes and chargebacks, and for following the Direct Debit Guarantee and the rules for the payment methods you offer.

6. Your data

You own your data and your members' data. You can export it from the admin console at any time, including member lists, payment records and a personal data file for any individual member. You give us permission to host, copy, display and process it only as needed to provide and support the service, keep it secure and meet our legal obligations.

7. Data processing terms

For personal data about your members, prospects, families and staff, you are the controller and we are your processor. These terms are our data processing agreement under Article 28 of the UK GDPR and the EU GDPR:

Scope. We process the categories of data described in section 4 of our Privacy Policy, about your members, prospects, their parents and guardians, and your staff, for as long as you use the platform, solely to provide the service.
Instructions. We act only on your documented instructions, which are these Terms and the way you configure and use the platform, unless the law requires otherwise, in which case we will tell you first where the law allows.
Confidentiality. Everyone at Atemi who can access your data is bound to keep it confidential and accesses it only when needed to run or support the service.
Security. We maintain the technical and organisational measures described in our Privacy Policy, including encryption in transit, hashed passwords, role based access and audit logs.
Sub processors. You authorise the service providers listed in our Privacy Policy. We bind each to data protection terms at least as protective as these, remain responsible for them, and will tell you by email at least 30 days before adding or replacing one so you can object. If we cannot resolve a reasonable objection, you may cancel and we will refund any prepaid fees for the unused period.
Transfers. Where data leaves the UK or the European Economic Area, we use the safeguards described in our Privacy Policy.
Helping you. The platform lets you export, correct and erase a member's data yourself. Beyond that, we will help you answer requests from individuals and with data protection impact assessments and consultations with regulators, where it relates to our processing.
Breaches. We will tell you without undue delay, and in any case within 48 hours, after becoming aware of a breach affecting your data, with the information you need to meet your own reporting duties.
End of service. When the agreement ends, you can export your data. When you ask us to delete it, we do so within 30 days, except where the law requires us to keep it.
Audits. We will give you the information reasonably needed to show we meet these terms, and answer reasonable written questions about our security.

8. Your responsibilities for member data

You are responsible for having a lawful basis for the data you collect, for giving your members a privacy notice, for any conditions you rely on to process health data, for the consent of parents and guardians where you hold children's data, and for only sending marketing messages to people who have agreed to receive them. The platform records marketing consent and honours every unsubscribe automatically, and you must not work around it.

9. Acceptable use

You must not use Atemi to break the law, to send spam or messages people have not agreed to, to publish unlawful, harmful or infringing content, to try to get around security or reach another club's data, to overload or attack the service, or to copy or resell the platform. We may suspend an account straight away if its use puts the service, other clubs or anyone's data at risk, and we will tell you why.

10. Your website and content

You are responsible for the content you publish on your website, emails and messages, including prices, offers and copy, and for having the right to use any images, videos and text you upload. If you use your own domain, you keep control of it and are responsible for keeping it registered.

11. Availability and support

We work to keep the platform available and fast, and we schedule maintenance for quiet hours where we can. We do not promise the service will be uninterrupted or error free, unless your order includes a service level commitment. Support is available by email at the address below.

12. Intellectual property

The platform, its software, design and the Atemi name belong to us, and these Terms give you the right to use them for your club while your agreement is in force. Your name, logo, content and data remain yours. If you send us suggestions, we may use them to improve Atemi without owing you anything.

13. Confidentiality

Each of us will keep the other's non public business information confidential and use it only for this agreement, except where it is already public, was independently developed, or must be disclosed by law.

14. Cancellation and termination

You may cancel at any time by emailing us. Cancellation takes effect at the end of your current billing period, and you keep full access until then. Fees already paid for that period are not refunded, except where these Terms or the law say otherwise. Either of us may end the agreement straight away by written notice if the other materially breaches it and does not put the breach right within 30 days of being asked, or becomes insolvent. When the agreement ends, your club is taken offline and your data is kept so you can export it; we then delete it when you ask, as set out in section 7.

15. Liability

Nothing in these Terms limits liability for death or personal injury caused by negligence, for fraud, or for anything else that cannot be limited by law. Subject to that, neither of us is liable for loss of profit, revenue, goodwill or data that could have been recovered from an export, or for indirect or consequential loss, and each party's total liability under this agreement in any 12 months is limited to the fees paid and payable by you in those 12 months.

16. Changes to these Terms

We may update these Terms. We will email you at least 30 days before a material change takes effect, and change the date at the top. If you do not agree, you may cancel before the change applies.

17. General

These Terms and your order are the whole agreement between us about the service. Neither of us may transfer the agreement without the other's consent, except to a buyer of all or most of the business. If part of these Terms is found unenforceable, the rest still applies. Neither of us is responsible for delays caused by events beyond our reasonable control. These Terms are governed by the law of England and Wales, and the courts of England and Wales have exclusive jurisdiction.

18. Contact

Questions about these Terms, notices and cancellations: email [email protected].