Terms of Service
The agreement between KOVA and the academies, staff, and families who use the platform.
Provider: KOVA Technologies Inc., a Texas corporation ("KOVA," "we," "us," "our").
Service: The KOVA youth-soccer player-development platform, including the web app at app.kova8.com, the KOVA iOS app, and related portals (Director, Coach, Player, Parent, Kiosk).
Effective date: The date this version is published in the Service. Version: v1.0 (the Service records which version each user accepted and when; see §14).
1. Agreement to these Terms
By creating an account, accepting an invitation, or otherwise using the Service, you agree to these Terms of Service ("Terms") and to our Privacy Policy, which is incorporated by reference. If you do not agree, do not use the Service.
If you accept these Terms on behalf of an academy, club, or organization, you represent that you are authorized to bind that organization, and "you" includes that organization. These Terms are the sole agreement between KOVA and academies for v1 of the Service; no separate master services agreement applies unless KOVA and an academy sign one in writing, in which case that signed agreement controls to the extent of any conflict.
2. Who may use the Service — the 16 age line
The Service is designed for use by soccer academies and the families and staff associated with them. Access is structured around a global age line of 16:
- Under 16 — managed accounts. A person under the age of 16 does not receive their own login. They are represented in the Service by a managed sub-account that is created and operated by a consenting parent or legal guardian. All actions for a managed child are taken by that adult.
- 16 and over — independent accounts. A person aged 16 or over may hold their own login and use the Service directly, subject to these Terms. For independent users aged 16–17, certain consents (including the Media/Film Release) must still be given by a parent or legal guardian, as stated in those documents.
You must be at least 18 years old to create an academy, act as a Director or Coach, or accept these Terms on behalf of an organization or a child.
3. Accounts, invitations, and credentials
Academies create the accounts of their staff, players, and parents by invitation or by direct creation by a Director. When you accept an invitation, you create your own password. You are responsible for keeping your credentials confidential and for all activity under your account that results from your failure to safeguard them. Notify us promptly at legal@kova8.com of any suspected unauthorized use; we will act promptly to secure the account. KOVA is not liable for losses caused by unauthorized use of your account that results from your failure to keep your credentials confidential, except to the extent caused by KOVA's own breach of §8 of the Privacy Policy (security).
Managed child sub-accounts have no independent credentials; the operating parent's account is the point of access and control.
4. Roles, the academy relationship, and data responsibility
The Service provides role-based portals. The academy (acting through its Director) controls its own workspace, including which teams, players, staff, and parents are added, what content is created, and its academy-level settings. KOVA provides the platform; the academy is responsible for its own use of it, for the accuracy of the information it enters, and for its relationship with the families it serves.
Data-protection allocation. For personal information processed through the Service, KOVA is the operator of the online service (including for purposes of the U.S. Children's Online Privacy Protection Act, "COPPA") and obtains verifiable parental consent directly from parents and guardians in-app, as described in the Privacy Policy and Parental Consent. Academies are responsible for: (a) only inviting families they have a genuine coaching relationship with; (b) the accuracy of roster and player information they enter; (c) designating and maintaining a Welfare Officer where required (§11); and (d) their own conduct and content within their workspace. An academy must not add a child to the Service other than through KOVA's invitation-and-consent flow.
5. Acceptable use
You agree not to: (a) use the Service unlawfully or to harm, endanger, harass, or exploit any child; (b) upload content you have no right to upload, or that infringes others' rights; (c) attempt to access accounts, data, or academy workspaces that are not yours; (d) probe, scan, or circumvent security or access controls; (e) reverse engineer, scrape, or resell the Service except as permitted by law; (f) misuse the film/video features to record or share footage of minors without the consents described in the Media/Film Release and Parental Consent; or (g) interfere with the Service's operation.
Suspension and termination for cause. We may suspend access immediately and without prior notice for conduct that threatens child safety or the security of the Service. For other material violations of this section, we will notify you and allow ten (10) days to cure before suspension or termination, unless the violation is not curable.
6. Content and license
Your content. Academies and users retain ownership of the content they submit (rosters, notes, messages, film, images, and similar). You grant KOVA a limited, worldwide, non-exclusive license to host, store, process, transmit, display, and back up that content solely to operate, secure, and improve the Service and to provide it to you and your academy, and as described in the Privacy Policy.
No AI training on children's data. KOVA does not use children's personal information — including film of minors and AI-companion interactions — to train KOVA's or any third party's artificial-intelligence or foundation models, and contractually requires the same of its AI provider. KOVA may use de-identified, aggregated data that cannot reasonably be used to identify any person to improve the Service and to produce aggregate analytics, as described in the Privacy Policy.
Feedback. If you send us suggestions, we may use them without obligation to you.
KOVA content. The Service, its software, and KOVA's trademarks and branding remain KOVA's property. These Terms grant no rights in them except the right to use the Service.
7. Third-party services
The Service relies on third-party providers to function, including the infrastructure, email, AI, and payment providers identified in the Privacy Policy. Payment processing is additionally subject to the payment processor's own services agreement between the processor and the paying academy. We are not responsible for third-party services outside our control.
8. Fees and payments
- Who pays. Academies pay KOVA a subscription fee for the Service and, where the academy uses KOVA's payment features to collect from families, a platform fee on payments processed. Current plans and pricing are presented at purchase or in a signed order form. KOVA does not charge consumers or children directly in v1; the academy is the merchant of record for amounts it collects from families.
- Processor. Payments are processed by Stripe, Inc.; KOVA does not store full card numbers.
- Billing. Subscription fees are billed in advance on the cycle selected at purchase (monthly or annual) and renew automatically until canceled. Fees are exclusive of taxes; academies are responsible for applicable taxes other than taxes on KOVA's income.
- Refunds. Except where required by law, fees are non-refundable, and no refunds or credits are given for partial billing periods. Canceling stops future renewals.
- Changes. KOVA may change pricing with at least 30 days' notice, effective at the next renewal.
9. Term, suspension, and termination
Either party may terminate at any time: academies by canceling in the Service or by written notice; KOVA on 30 days' written notice, or immediately for cause under §5. On termination, your right to use the Service ends.
Data on termination. For 30 days following termination, the academy may export its workspace data in a commonly used format. KOVA then deletes or de-identifies personal information within 90 days of termination, except consent and audit records retained as described in the Privacy Policy, and except as required by law. Parents' deletion rights under the Privacy Policy apply at all times, including during the export window.
10. Disclaimers
The Service is provided "as is" and "as available." To the maximum extent permitted by law, KOVA disclaims all warranties, express or implied, including merchantability, fitness for a particular purpose, and non-infringement. KOVA does not warrant that the Service will be uninterrupted, error-free, or secure. The AI companion and any AI-generated content are informational only and are not professional, medical, psychological, or safeguarding advice; see §11 and the Privacy Policy. Nothing in this section limits rights that applicable consumer-protection law does not allow to be limited.
11. AI features
The Service includes optional AI features, including an AI "companion" for players and AI assistance for staff, powered by a third-party AI provider (see Privacy Policy). AI features:
- are scoped to soccer and player development and are not a general-purpose chatbot;
- are not a substitute for human judgment, coaching, medical, or mental-health support;
- are switched off by default and, where they concern a child, operate only where the required consent (including the separate AI-companion opt-in) has been given; and
- include a human-escalation safeguard: if the companion detects a welfare or safety signal, it routes an email alert to the academy's designated Welfare Officer. The companion cannot be enabled for an academy that has not designated a Welfare Officer.
No real-time monitoring representation. The escalation safeguard is an automated detection feature. KOVA does not monitor communications in real time and does not guarantee that every welfare concern will be detected. It does not replace the academy's own safeguarding obligations.
12. Limitation of liability
To the maximum extent permitted by law: (a) neither party is liable for indirect, incidental, special, consequential, or punitive damages, or for lost profits, revenue, or data, even if advised of the possibility; and (b) each party's total aggregate liability arising out of or relating to the Service is limited to the greater of the fees paid or payable to KOVA by the claiming academy in the twelve (12) months preceding the event giving rise to the claim, or one hundred U.S. dollars ($100).
Carve-outs. The limitations in this §12 do not apply to: (i) a party's gross negligence or willful misconduct; (ii) a party's indemnification obligations under §13; (iii) your payment obligations; or (iv) liability that cannot be limited under applicable law, including, where applicable law so provides, liability for personal injury to a minor caused by KOVA's negligence.
13. Indemnification
By academies. Each academy will defend and indemnify KOVA against third-party claims arising from: (a) content the academy or its staff submit; (b) the academy adding a child to the Service outside KOVA's invitation-and-consent flow, or misrepresenting a family relationship or authorization; (c) the academy's violation of law or of §5; or (d) recording or sharing footage of a minor outside the scope of the applicable Media/Film Release.
By KOVA. KOVA will defend and indemnify academies against third-party claims that the Service, as provided by KOVA and used as permitted, infringes a U.S. patent, copyright, or trademark, excluding claims arising from academy content or combination with non-KOVA systems.
Indemnification requires prompt notice, control of the defense by the indemnifying party, and reasonable cooperation.
14. Changes to these Terms
We may update these Terms. When we do, we publish a new version with a new version identifier. The Service records which version you accepted and when. For material changes, we will notify you by email and in-app and require you to accept the new version before continuing to use the Service; continued use after a non-material update constitutes acceptance. A change is material if it reduces your rights, expands your obligations, or changes how children's personal information is handled.
15. Governing law and disputes
These Terms are governed by the laws of the State of Texas, without regard to conflict-of-laws rules. The state and federal courts sitting in Travis County, Texas have exclusive jurisdiction over disputes arising out of these Terms or the Service, and each party consents to venue there. v1 of these Terms does not include an arbitration clause or class-action waiver. Each party retains the right to seek injunctive relief in any court of competent jurisdiction to protect children's safety, data, or intellectual property.
16. Miscellaneous
- Entire agreement. These Terms and the documents they incorporate (Privacy Policy, Parental Consent, Media/Film Release, and any signed order form) are the entire agreement and supersede prior discussions.
- Severability. If any provision is unenforceable, it will be modified to the minimum extent necessary, and the rest remains in effect.
- No waiver. A failure to enforce a provision is not a waiver of it.
- Assignment. KOVA may assign these Terms in connection with a merger, acquisition, or sale of assets; you may not assign without KOVA's prior written consent.
- Notices. KOVA gives notice via the email on your account or in-app; you give notice to legal@kova8.com and to KOVA's mailing address below. Notices are effective on receipt.
- Force majeure. Neither party is liable for delay or failure caused by events beyond its reasonable control.
17. Contact
Questions about these Terms: legal@kova8.com · KOVA Technologies Inc., 7600 Chevy Chase Dr Ste No 300, Austin, TX 78752.
