SaaS agreement

Tussen sportvereniging en Aantreden — gebruiksvoorwaarden van het Platform

Parties

1. Customer ("the club")

2. Supplier ("Muster")

Recitals

Muster provides an online platform for sports clubs with which the club organises its communication, attendance recording, captain rotation, ride schedules and administrative coordination via WhatsApp and associated interfaces (the “Platform”).

The club wishes to use the Platform, and Muster is willing to make the Platform available on the terms set out in this agreement.

The parties record their arrangements in this SaaS agreement (the “Agreement”). The processing of personal data is governed separately in the Data Processing Agreement between the parties.

Article 1 — Definitions

1. Platform: Muster’s software-as-a-service solution, including the web interface, WhatsApp flows, Admin portal and integrations with external services such as your federation’s data service.
2. Service: the provision, maintenance and further development of the Platform by Muster.
3. Admin portal: the online management interface provided by Muster for club administrators and committee members, available at a URL designated by Muster.
4. User: a natural person (member, parent, coach, committee member or other officer) who has access to the Platform on behalf of or through the club.
5. Subscription: the package chosen by the club at registration as stated in Appendix A.
6. Club Data: all data that the club or its Users enter, receive or have generated via the Platform.
7. GDPR: Regulation (EU) 2016/679 and, as applicable, the UK GDPR and the Data Protection Act 2018.
8. DPA: the Data Processing Agreement concluded between the parties in accordance with GDPR Article 28.
9. Working day: Monday to Friday, excluding public holidays in England and Wales.

Article 2 — Nature of the service

1. Muster makes the Platform available to the club during the term of this Agreement in accordance with the functional description published on the Muster website and the package chosen by the club (Appendix A).
2. The Service includes at least: use of the WhatsApp flow, captain rotation, ride-schedule coordination, broadcasts to teams, access to the Admin portal for club administrators, and — where applicable — synchronisation with the club’s federation data service.
3. Muster reserves the right to further develop, change, add to or remove functionality of the Service, provided that the core functionality of the Service is retained. Material changes are announced in accordance with Article 13.
4. Muster is not obliged to implement changes at the request of an individual club, unless separately agreed.
5. Muster may engage or replace subcontractors and suppliers (including hosting, monitoring and support providers) to deliver the Service, and remains fully responsible to the club for their acts or omissions under this Agreement. The engagement of sub-processors within the meaning of GDPR Article 28(4) is governed separately in the DPA.

Article 3 — Term, renewal and termination

1. This Agreement takes effect on 23-09-2026 and has an initial term of één jaar.
2. After the initial term the Agreement is renewed automatically for successive periods of one year, unless either party gives written notice uiterlijk één kalendermaand vóór de afloopdatum of the current term.
3. Muster will send the club’s administrator(s) a renewal reminder at least 60 days before the end of each term, via WhatsApp and (where available) email, stating the end date, the rates for the next period and how to cancel. Failure to send this reminder, or sending it late, does not deprive the club of its right to cancel: in that case the club may still cancel up to 14 days after receiving the reminder, and the Agreement then ends on the next possible end date.
4. Cancellation is made in writing by email or via the Admin portal and is valid once confirmed by Muster.
5. On cancellation the club retains full access to the Platform until the end date. After the end date access lapses and Article 11 (data export and deletion) applies.
6. Early cancellation by the club before the end of a term gives no right to a refund of amounts paid in advance, unless Muster fails to perform material obligations and does not remedy this within a reasonable period.
7. Termination of this Agreement automatically terminates the DPA on the same end date, without prejudice to obligations intended by their nature to continue after termination.
8. This Article does not apply to a free trial period as referred to in Article 4(8): a trial period has no initial term, no automatic renewal and no notice period, and ends by operation of law on the agreed date.

Article 4 — Rates and invoicing

1. The club’s Subscription is a fixed monthly rate as set out in Appendix A of this Agreement. The rate is independent of the number of Users, teams or members of the club.
2. The rate in Appendix A is the rate in force on the effective date of this Agreement. Rate changes during the term are made solely in accordance with paragraph 6.
3. All amounts are exclusive of VAT, unless expressly stated otherwise.
4. Muster invoices monthly in advance at the start of each calendar month. Payment term is 30 days from the invoice date.
5. On late payment the club is in default without notice of default. Muster may then charge a reminder and reasonable collection costs, and temporarily suspend access to the Platform after written notice with at least 7 days’ reasonable period to remedy.
6. Rates may be adjusted annually on the effective date of a new term based on the applicable consumer price index, or on material changes to the Service. Muster communicates rate changes at least 60 days in advance via WhatsApp and email to the club administrator(s). For an increase above 5% in one year, Article 13(3) applies (right to cancel without notice period).
7. The club may switch packages during the term in consultation with Muster. A package switch takes effect from the first of the calendar month following the request; the resulting rate adjustment is not subject to the rate-change procedure of paragraph 6.
8. Muster may offer the club a one-off free trial period for the Platform and/or an optional module (such as Player Analysis), of a duration determined by Muster. This Agreement applies in full during the trial period, except for the payment obligation: no fee is due during the trial period. After the trial period the Subscription is not automatically converted into a paid subscription; access to the functionality concerned lapses, unless the club takes out a paid Subscription before or after the trial period. Muster informs the contact person and/or authorised signatory via WhatsApp at the start and end of the trial period.

Article 5 — Availability (SLA)

1. Muster aims for Platform availability of at least 99%, measured over a calendar month, excluding planned maintenance and excluding outages of the external services named in paragraph 4.
2. Availability is measured by Muster via automated monitoring from external measurement points. On the club’s request Muster makes monthly availability reports available via the Admin portal.
3. Planned maintenance is announced at least 24 hours in advance via the Admin portal or a status page. Planned maintenance does not take place on Saturdays between 06:00 and 19:00 local time, except for emergency maintenance, the necessity of which Muster justifies afterwards within 24 hours.
4. Availability depends on the operation of external services (such as WhatsApp/Meta, the federation data service, hosting providers, internet providers and DNS providers). Outages at such external parties fall outside the SLA.
5. If the SLA is structurally not met for three consecutive calendar months, the club may require in writing that Muster implement improvements within 30 days. If this is not achieved, the club has the right to terminate the Agreement early, without refund of monthly amounts already invoiced.
6. Muster does not provide a 24/7 support desk. Queries are handled during Working days via email or WhatsApp to the support channel designated by Muster.

Article 6 — Obligations of the club

1. The club ensures that its Users use the Platform carefully and in accordance with the law.
2. The club is responsible for managing the access rights of its committee members, coaches and other officers, and for deactivating access in good time on departure.
3. The club will not use the Platform for purposes contrary to law, public order or morality, and not for commercial purposes outside its club activities.
4. The club refrains from attempting to circumvent the security of the Platform, applying reverse engineering, accessing the source code, or running automated processes on the Platform other than via the interfaces made available by Muster.
5. The club informs its members, parents, coaches and committee members about the use of the Platform and the related processing of personal data, in accordance with the DPA and its own privacy policy.

Article 7 — Privacy and data protection

1. The processing of personal data by Muster on behalf of the club is governed solely by the DPA concluded between the parties, in accordance with GDPR Article 28.
2. The club is and remains the controller for the personal data of its members, parents, coaches and officers processed via the Platform.
3. Muster acts as processor and complies with the instructions, security measures and confidentiality obligations set out in the DPA.
4. In the event of conflict between this Agreement and the DPA, the DPA prevails solely insofar as the processing of personal data is concerned.

Article 8 — Liability

1. Muster’s total liability to the club on any ground whatsoever is limited, per event (a series of connected events counting as one event) and per calendar year, to the higher of: (a) the amount the club paid to Muster in the 12 months preceding the event causing the damage (excl. VAT), or (b) £5.000 (excl. VAT).
2. Muster is not liable for indirect damage, consequential loss, lost profit, missed savings, damage due to business interruption, reputational damage or damage resulting from loss or corruption of data, other than caused by intent or deliberate recklessness on the part of Muster.
3. Muster is not liable for damage resulting from acts of the club or its Users in breach of this Agreement, the DPA or applicable law.
4. The limitation of liability in this Article does not apply in the event of intent or deliberate recklessness of Muster or its managers, or in the event of death or personal injury.
5. The club indemnifies Muster against claims by third parties (including members, parents, coaches or regulators) arising from the club’s acts or omissions in breach of this Agreement or the law.

Article 9 — Intellectual property

1. All intellectual property rights in the Platform, the software, the documentation, the branding and all materials produced by Muster rest solely with Muster or its licensors.
2. For the duration of this Agreement the club obtains a non-exclusive, non-transferable right to use the Platform for its club activities.
3. Club Data remains the property of the club. Muster obtains on this data only the usage rights needed to provide the Service, as further specified in the DPA.
4. Muster may collect aggregated usage statistics on an anonymised and non-traceable basis to improve the Service and for publication in marketing, provided these are not traceable to individual clubs or persons.

Article 10 — Confidentiality

1. The parties will keep confidential all confidential information they obtain from each other in the context of this Agreement and use it solely for the purpose for which it was provided.
2. Confidential information includes, among other things: business data, membership records, technical details about the Platform, rates and commercial arrangements.
3. This confidentiality obligation also applies after termination of this Agreement and remains in force for as long as the information retains its confidential nature.

Article 11 — Termination and data portability

1. On termination of this Agreement, for whatever reason, Muster offers the club the opportunity, free of charge for 30 days after the end date, to export Club Data via the Admin portal in a common format (CSV or JSON).
2. After this 30-day period, Muster destroys the Club Data in its production environment in accordance with the periods agreed in the DPA, subject to statutory retention periods for logging and accounting.
3. At the club’s request Muster may provide, for a reasonable fee, an additional or more complex data export after the standard period.
4. Either party may terminate this Agreement with immediate effect in writing if the other party is subject to bankruptcy, insolvency or liquidation, or if the other party, after written notice of default, is in attributable breach of its material obligations and does not remedy this within a reasonable period (at least 30 days).

Article 12 — Force majeure

1. Neither party is required to perform any obligation if prevented from doing so by force majeure.
2. Force majeure includes, among other things: outages or failures at external suppliers (including hosting parties, WhatsApp/Meta, the federation data service, internet providers), cyberattacks, natural disasters, pandemics, government measures and other circumstances beyond the reasonable control of the affected party.
3. If the force majeure situation continues for more than 60 consecutive days, either party may terminate the Agreement immediately in writing, without any obligation to pay compensation.

Article 13 — Changes to the Agreement

1. Muster may amend this Agreement unilaterally. A distinction is made between administrative changes and material changes.
2. Administrative changes include: editorial adjustments, clarifications, non-substantial extensions of functionality, and changes that do not materially worsen the club’s position. Such changes are announced at least 30 days in advance via the Admin portal and/or email to the contact person and take effect after this period, unless the club objects in writing within that period.
3. Material changes include: rate increases above 5% in one year (other than index adjustment), substantial limitation of liability, removal of significant functionality on which the club is demonstrably dependent, and changes that otherwise materially worsen the club’s position. Material changes take effect no earlier than 60 days after written announcement via WhatsApp and email to the club administrator(s). The announcement contains a direct link to the Admin portal where the club can accept the change via an opt-in confirmation.
   
   During this 60-day period the club may:
   • (a) actively accept the change via opt-in in the Admin portal, in which case the amended terms apply from the announced effective date;
   • (b) terminate the Agreement as at the effective date of the change, without the notice period of Article 3(2) applying.
   If the club has not given an opt-in within 60 days of the announcement, the absence of an opt-in is interpreted as termination as at the effective date of the change. In that case Muster will send a final written reminder via WhatsApp and email to the club administrator(s) at least 14 days before the effective date.
4. Snapshot archive. Muster keeps a snapshot of each version of this Agreement accepted by the club, including the time, method of opt-in and the Appendix A in force at that time. The club administrator can consult these snapshots permanently and download them as a PDF via the Admin portal. Muster keeps a copy in its records as evidence of the course of the contractual relationship.

Article 14 — Final provisions

1. Governing law. This Agreement is governed by the law of England and Wales.
2. Mediation/escalation. Before a dispute is submitted to the courts, the parties will attempt for at least 30 days to resolve the dispute through consultation at management level or through mediation. This obligation to make efforts does not affect the parties’ right to seek interim relief in urgent cases.
3. Jurisdiction. Disputes arising from or connected with this Agreement that cannot be resolved via paragraph 2 are submitted to the competent courts of England and Wales, unless mandatory law designates another court.
4. Assignment and transfer. Muster is entitled to transfer its rights and obligations under this Agreement in whole or in part to a legal successor or a group company, provided that the continuity of the Service and the level of protection under the DPA are safeguarded. The club will be notified of such a transfer in writing. The club may not transfer its rights and obligations without Muster’s prior written consent.
5. Entire agreement. This Agreement, together with the DPA, the privacy policy and Appendix A, constitutes the entire agreement between the parties in respect of the Platform. Earlier arrangements on the same subject lapse.
6. Severability. If a provision of this Agreement is void or annulled, the remaining provisions remain in full force. The parties will replace the void or annulled provision with a new provision that approximates the intent of the original as closely as possible.
7. Written form. Additions to or deviations from this Agreement are valid only if agreed in writing. Email and confirmation via the Admin portal qualify as writing.

Signature

By the WhatsApp OTP signature recorded below, the club declares that it:

1. has taken note of this Agreement and understands its content;
2. is authorised to represent the club in this legal act;
3. agrees to the full text and thereby enters into a legally valid agreement on the basis of a simple electronic signature.

The signature, the time, the IP address and the OTP verification are recorded by Muster as technical evidence of the club’s declaration of intent. A copy of this Agreement is permanently available to the club administrator in the Admin portal and can be downloaded as a PDF at any time.

Appendix A — Pricing overview (snapshot at signing)

The packages and rates of Muster in force on the effective date of this Agreement are:

The package chosen by the club at registration is: —.

Het maandtarief is een vast bedrag, regardless of the number of Users, teams or members van de vereniging. Functionele beschrijving van elk pakket is beschikbaar op aantreden.nl/tarieven of via een door Aantreden ter beschikking gesteld pakketoverzicht. Wijziging van pakket gedurende de contractperiode is mogelijk in overleg en treedt in werking conform artikel 4 lid 7.

Wijzigingen van de in deze Bijlage opgenomen tarieven gedurende de contractperiode geschieden uitsluitend conform artikel 4 lid 6 of artikel 13 lid 3.