These Terms of Service (“Terms”) govern access to and use of the software, websites, applications, implementation services, support services, and related offerings provided by ClubSoft (“ClubSoft,” “we,” “us,” or “our”).
These Terms form a binding agreement between ClubSoft and the person or organization accessing or using the Services.
You agree to these Terms when you:
Sign an order form, proposal, subscription agreement, or other document that references these Terms;
Click a button, select a checkbox, or complete another electronic action indicating acceptance;
Create or administer a ClubSoft organization account;
Pay an invoice for the Services;
Access or use the Services after receiving notice that these Terms apply; or
Otherwise demonstrate acceptance through your conduct.
If you access or use the Services on behalf of a yacht club, marina, boating club, membership association, nonprofit organization, company, or other entity, you represent that you have authority to bind that entity. In that case, “Customer” and “you” refer to that entity.
If you do not have authority to bind the applicable organization or do not agree to these Terms, you must not access or use the Services.
For purposes of these Terms:
“Authorized User” means an individual authorized by Customer to access or use the Services.
“Customer” means the person or organization that purchases, administers, receives, or uses the Services.
“Customer Data” means information, records, files, content, documents, communications, and other data submitted to or processed through the Services by or on behalf of Customer.
“Documentation” means ClubSoft’s published user guides, help materials, setup instructions, and technical documentation.
“Order Form” means a proposal, quote, subscription selection, invoice, statement of work, signed order form, online ordering page, email confirmation, or other document identifying Services, fees, subscription terms, or additional conditions.
“Services” means ClubSoft’s hosted software, member and administrator portals, applications, websites, mobile experiences, modules, integrations, support, implementation services, and related offerings.
“Subscription Term” means the period during which Customer is authorized to use paid Services.
Customer’s agreement with ClubSoft may consist of:
These Terms;
The Privacy Policy;
An Order Form;
A statement of work;
A Data Processing Addendum;
An enterprise or private-cloud agreement; and
Other written terms expressly accepted by ClubSoft and Customer.
If Customer does not sign a separate Order Form, the plan, pricing, features, billing frequency, renewal date, and other subscription information shown during signup, stated on an invoice, confirmed by email, or reflected in Customer’s account will constitute the applicable Order Form.
If the documents conflict, the following order of precedence applies:
A signed enterprise or master services agreement;
A signed Data Processing Addendum;
A signed Order Form or statement of work;
An electronically accepted or otherwise applicable Order Form;
These Terms;
The Privacy Policy; and
The Documentation.
An Order Form modifies these Terms only to the extent that it expressly identifies the provision being modified or clearly establishes a different commercial term.
Authorized Users must be at least 18 years old, unless Customer has authorized the user’s access and obtained any legally required parent or guardian permission.
The Services are not intended to allow children under 13 to independently create unrestricted ClubSoft accounts.
Customer represents and warrants that:
It is legally capable of entering into this agreement;
The individual accepting the agreement has authority to bind Customer;
Customer’s use of the Services will comply with applicable law;
Customer has the rights and permissions necessary to provide Customer Data to ClubSoft; and
Information provided during ordering, onboarding, and account administration is accurate.
Customer is responsible for:
Designating authorized administrators;
Controlling who may access its ClubSoft account;
Assigning appropriate roles and permissions;
Keeping account information accurate;
Protecting usernames, passwords, authentication tokens, and credentials;
Preventing unauthorized account sharing;
Removing access when a user no longer requires it;
Reviewing access periodically; and
Activity occurring through Customer’s accounts, except to the extent directly caused by ClubSoft’s breach of these Terms.
Customer must promptly notify ClubSoft at hello@clubsoft.co if it suspects unauthorized access, credential compromise, or misuse of the Services.
ClubSoft may require password resets, additional authentication, or other reasonable security measures.
Subject to Customer’s compliance with these Terms and payment of applicable fees, ClubSoft grants Customer a limited, nonexclusive, nontransferable, nonsublicensable, and revocable right during the Subscription Term to access and use the Services for Customer’s internal organizational activities.
Customer may authorize its officers, employees, volunteers, contractors, members, applicants, customers, and other Authorized Users to access portions of the Services appropriate to their roles.
No ownership rights are transferred to Customer.
Customer is responsible for:
Configuring the Services for its organization;
Choosing which modules and features to use;
Setting membership, billing, resource, event, and operational rules;
Managing Authorized Users and permissions;
Reviewing Customer Data for accuracy;
Maintaining any legally required source records;
Obtaining necessary notices, authorizations, and consents;
Reviewing imported and synchronized information;
Confirming dues, rates, invoices, taxes, assignments, and charges;
Determining whether electronic signatures are appropriate for particular documents;
Maintaining appropriate accounting and financial controls; and
Complying with laws and organizational policies applicable to Customer.
ClubSoft provides technology and related services. ClubSoft does not manage Customer’s organization and is not responsible for Customer’s:
Membership decisions;
Governance;
Elections;
Dues and assessments;
Tax obligations;
Accounting practices;
Insurance requirements;
Financial controls;
Legal compliance;
Moorage or resource decisions;
Disciplinary decisions; or
Fiduciary obligations.
Customer and Authorized Users must not:
Use the Services for an unlawful, fraudulent, deceptive, or abusive purpose;
Violate another person’s privacy, intellectual-property, contractual, or other legal rights;
Upload malware, harmful code, or destructive content;
Attempt unauthorized access to systems, accounts, networks, or information;
Circumvent authentication, permissions, feature entitlements, usage limits, or security controls;
Probe or test vulnerabilities without ClubSoft’s written authorization;
Disrupt or interfere with the Services;
Scrape or extract information except through an authorized interface;
Reverse engineer, decompile, or attempt to derive source code except where such a restriction is prohibited by law;
Copy, sell, resell, sublicense, lease, or commercially exploit the Services without authorization;
Use the Services or nonpublic ClubSoft materials to build a competing product;
Send spam or unlawful communications;
Upload unlawful, infringing, threatening, or defamatory content;
Enter complete card numbers, card security codes, passwords, private cryptographic keys, or authentication credentials into general-purpose fields;
Misrepresent AI-generated information as verified professional advice; or
Create unreasonable security, legal, financial, or operational risk.
ClubSoft may investigate suspected violations and may remove content, restrict features, or suspend access when reasonably necessary.
As between ClubSoft and Customer, Customer retains its rights in Customer Data.
Customer authorizes ClubSoft and its service providers to host, store, reproduce, transmit, display, organize, modify, and otherwise process Customer Data as reasonably necessary to:
Provide and maintain the Services;
Carry out Customer’s instructions;
Provide support;
Operate authorized integrations;
Maintain security and reliability;
Prevent fraud and abuse;
Comply with law; and
Enforce ClubSoft’s agreements.
Customer represents that it has all rights, permissions, and authority necessary for ClubSoft to process Customer Data.
This includes information relating to:
Members and applicants;
Household and family members;
Minors and dependents;
Employees and volunteers;
Boats, vehicles, and registered items;
Insurance information;
Financial and billing records;
Electronic signatures;
Uploaded documents;
Event participants; and
Customer communications.
Customer is responsible for the legality, accuracy, quality, and completeness of Customer Data.
ClubSoft is not responsible for decisions made using information that is inaccurate, incomplete, outdated, improperly entered, or incorrectly configured by Customer or an Authorized User.
ClubSoft may create and use aggregated or de-identified information that does not reasonably identify Customer or an individual to:
Operate and improve the Services;
Measure performance and reliability;
Understand product usage;
Develop features;
Perform benchmarking; and
Prepare internal business and product analytics.
ClubSoft will not attempt to reidentify properly de-identified information except to test the effectiveness of de-identification or as permitted by law.
ClubSoft’s privacy practices are described in the ClubSoft Privacy Policy, which is incorporated into these Terms.
Customer acknowledges that:
Customer generally determines the purposes for which it collects and uses information concerning its members and other individuals;
ClubSoft generally processes such information on Customer’s behalf;
Customer is responsible for required privacy notices and permissions;
Customer must configure access permissions appropriately; and
Customer should not submit information that is unnecessary for its use of the Services.
ClubSoft will maintain administrative, technical, and organizational measures designed to protect Customer Data.
No system is completely secure. ClubSoft does not guarantee that unauthorized access, information loss, or security incidents will never occur.
ClubSoft may use privacy-configured product analytics and session replay to:
Understand how the Services are used;
Improve workflows and usability;
Diagnose technical problems;
Measure feature adoption;
Investigate support issues; and
Improve performance and reliability.
ClubSoft intends to mask input fields and block or exclude sensitive areas as described in the Privacy Policy.
Customer is responsible for providing its Authorized Users with any additional monitoring, privacy, or analytics notices required by law or Customer policy.
The Services may permit Customer and Authorized Users to send, receive, approve, acknowledge, or sign electronic records.
Customer agrees that:
Electronic actions may be attributed to the account through which they are performed;
Customer is responsible for confirming the identity and authority of signers;
Customer must determine whether electronic execution is appropriate for a particular document;
Customer is responsible for preserving additional evidence or records it requires;
ClubSoft does not provide legal advice regarding enforceability; and
Certain records may require witnesses, notarization, specific disclosures, paper execution, or other formalities.
To the extent permitted by law, Customer agrees to transact electronically with ClubSoft and agrees that electronic records and electronic acceptance may satisfy writing and signature requirements.
ClubSoft may provide optional AI-assisted functionality, including document search, summarization, classification, suggested responses, and related tools.
Customer acknowledges that:
AI-generated results may be incorrect, incomplete, misleading, or outdated;
Results must be reviewed before being relied upon;
AI output is not legal, accounting, tax, financial, insurance, safety, or professional advice;
Customer is responsible for determining what information may appropriately be submitted to an AI feature;
Customer remains responsible for decisions based on AI output; and
AI features may be subject to additional limits, charges, or terms.
ClubSoft may change providers, impose usage limits, or suspend AI functionality when reasonably necessary.
The Services may interoperate with third-party services, including:
Payment processors;
Accounting systems;
Electronic-signature providers;
Email-delivery providers;
Hosting and storage providers;
Monitoring services;
Analytics providers; and
Other Customer-authorized integrations.
When Customer or an Authorized User enables an integration, Customer authorizes ClubSoft to exchange Customer Data with that service as necessary to provide the integration.
Customer acknowledges that:
Third-party services are governed by their own agreements and privacy policies;
ClubSoft does not control independent third-party systems;
Integrations may change, become unavailable, or become incompatible;
Customer must maintain valid third-party accounts and authorization;
Customer must review synchronized information; and
ClubSoft is not responsible for acts, omissions, outages, or losses caused by third parties outside ClubSoft’s reasonable control.
Customer will pay the subscription, onboarding, implementation, support, add-on, transaction, and other fees stated in the applicable Order Form.
Unless otherwise stated:
Subscription fees are billed annually in advance;
Fees are stated in United States dollars;
Fees exclude applicable taxes;
Customer is responsible for applicable sales, use, excise, and similar taxes, excluding taxes based on ClubSoft’s net income;
Payment obligations are noncancelable during the applicable Subscription Term; and
Fees are nonrefundable except as expressly stated in an Order Form or required by law.
Unless an Order Form expressly states otherwise, paid subscriptions automatically renew for successive one-year Subscription Terms.
Either party may prevent renewal by providing written notice at least 30 days before the current Subscription Term ends.
Customer may send nonrenewal notice to hello@clubsoft.co. Notice is effective when received by ClubSoft.
Cancellation or nonrenewal takes effect at the end of the then-current prepaid Subscription Term. It does not ordinarily result in a refund for the remaining portion of that term.
ClubSoft may provide a renewal reminder as a courtesy. Customer remains responsible for tracking its subscription and renewal date.
ClubSoft may change pricing for a future renewal term by giving Customer at least 60 days’ written notice before the renewal date.
Unless Customer provides timely nonrenewal notice, continued use after the renewal date constitutes acceptance of the renewal and applicable renewal pricing.
A pricing change does not apply retroactively to a prepaid Subscription Term.
If a ClubSoft subscription payment is overdue or fails, ClubSoft may:
Notify Customer;
Retry an authorized payment method;
Suspend paid functionality;
Restrict access;
Apply a lawful late charge disclosed in advance; or
Terminate the subscription.
Customer remains responsible for amounts accrued before suspension or termination.
Customer is responsible for taxes associated with its purchase of the Services, excluding taxes based on ClubSoft’s net income.
If Customer is tax exempt, it must provide valid exemption documentation before ClubSoft is required to apply the exemption.
ClubSoft may allow Customer to create invoices, collect dues, process event charges, sell items, or otherwise bill Customer’s members, applicants, guests, or other users.
Those transactions are separate from Customer’s subscription and payment obligations to ClubSoft.
Customer is solely responsible for determining and configuring:
Membership dues;
Initiation fees;
Assessments;
Event charges;
Moorage and resource fees;
Marketplace pricing;
Refund policies;
Taxes;
Discounts;
Payment deadlines;
Late fees;
Surcharges;
Payment-method availability; and
Other amounts charged by Customer.
ClubSoft does not become a party to the underlying transaction between Customer and its member, applicant, guest, or purchaser merely because the transaction is administered through the Services.
Customer is responsible for:
The legal basis for each charge;
Communicating charges and policies;
Resolving disputes;
Issuing refunds;
Maintaining financial records;
Applying taxes correctly;
Complying with payment-method rules; and
Reviewing transactions and settlements.
Transactions conducted through the Services may be processed by third-party payment processors.
Customer may be required to enter into a separate agreement with the processor and complete identity, ownership, banking, or business verification.
Processor fees, ClubSoft platform fees, payout timing, disputes, chargebacks, refunds, reserves, and account restrictions may be governed by the processor’s terms and the applicable Order Form.
Customer is responsible for:
Maintaining an eligible processor account;
Providing accurate verification information;
Complying with card-network and payment-method rules;
Properly disclosing permissible fees or surcharges;
Handling member and customer disputes;
Reviewing settlements and payouts; and
Complying with laws applicable to its transactions.
ClubSoft is not a bank, payment-card network, money transmitter, accounting firm, or financial adviser.
Onboarding, configuration, data import, migration, training, website work, integration setup, and other professional services may be described in an Order Form or statement of work.
Customer will provide timely:
Data and files;
Decisions and approvals;
Branding and content;
Access to authorized systems;
Integration credentials;
Knowledgeable contacts; and
Cooperation reasonably required to complete the work.
ClubSoft is not responsible for delays caused by Customer’s failure to provide necessary information, access, decisions, or cooperation.
Customer must review migrated or imported information and promptly report material discrepancies.
Unless otherwise stated, implementation fees compensate ClubSoft for services performed and are nonrefundable after the work begins.
ClubSoft will use commercially reasonable efforts to maintain the Services.
The Services may be unavailable because of:
Scheduled or emergency maintenance;
Updates and deployments;
Internet or infrastructure failures;
Third-party outages;
Security incidents;
Force majeure events; or
Circumstances outside ClubSoft’s reasonable control.
ClubSoft may modify the Services to improve security, reliability, performance, compliance, or functionality.
Support channels, included hours, response targets, and service levels depend on Customer’s plan or Order Form.
No guaranteed uptime, support response, remedy, or service credit applies unless stated in a signed service-level agreement.
ClubSoft may make trial, pilot, proof-of-concept, beta, preview, or evaluation features available.
These features may:
Be incomplete;
Contain errors;
Change without notice;
Be subject to additional restrictions;
Be discontinued; and
Be unsuitable for production or mission-critical use.
Unless otherwise stated in writing, beta and evaluation Services are provided “as is” without service-level commitments.
ClubSoft and its licensors own all rights, title, and interest in:
The Services;
Software and source code;
User-interface designs;
Documentation;
Templates;
Workflows;
Features;
Trademarks;
Improvements; and
Related technology and intellectual property.
Except for rights expressly granted in these Terms, ClubSoft reserves all rights.
Customer may not remove ownership notices or use ClubSoft’s name, logo, or trademarks without permission.
Customer and Authorized Users may provide suggestions, ideas, requests, or other feedback.
ClubSoft may use feedback without restriction or compensation, provided ClubSoft does not publicly identify Customer as the source without permission.
Each party may receive nonpublic information that should reasonably be understood as confidential.
The receiving party will:
Use confidential information only in connection with the parties’ relationship;
Protect it using reasonable care; and
Disclose it only to personnel, contractors, and service providers who need it and are subject to confidentiality obligations.
Confidential information does not include information that:
Becomes public without breach;
Was lawfully known without restriction;
Is lawfully received from another source;
Is independently developed without use of the confidential information; or
Is approved for release.
A party may disclose confidential information when legally required, provided it gives notice where legally permitted.
ClubSoft may suspend some or all access if reasonably necessary because:
Fees are overdue;
Customer violates these Terms;
Use creates a security, legal, or operational risk;
Customer activity threatens the Services or another customer;
ClubSoft suspects fraud or unauthorized access;
A third-party provider requires suspension; or
Suspension is required by law.
Where practical, ClubSoft will provide notice and an opportunity to cure. ClubSoft may suspend immediately when reasonably necessary to prevent harm.
Either party may terminate or decline renewal as provided in these Terms or an Order Form.
ClubSoft may terminate an affected subscription if Customer materially breaches its agreement and fails to cure the breach within 30 days after notice, unless:
The breach cannot reasonably be cured;
Customer has repeatedly breached the agreement;
Immediate termination is required by law; or
Immediate action is reasonably necessary to prevent security, legal, or financial harm.
Upon termination or expiration:
Customer’s right to use paid Services ends;
Outstanding payment obligations remain due;
Authorized Users must stop accessing terminated Services;
ClubSoft may disable accounts and integrations; and
Customer Data will be handled in accordance with the Privacy Policy, applicable Order Form, retention practices, and legal obligations.
Customer should export information it wishes to retain before expiration or termination. ClubSoft does not guarantee indefinite access to Customer Data after the subscription ends.
Provisions that by their nature should survive will survive, including payment obligations, intellectual-property provisions, confidentiality, disclaimers, liability limitations, indemnification, and dispute provisions.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.”
CLUBSOFT DISCLAIMS ALL EXPRESS, IMPLIED, STATUTORY, AND OTHER WARRANTIES, INCLUDING WARRANTIES OF:
MERCHANTABILITY;
FITNESS FOR A PARTICULAR PURPOSE;
TITLE;
NON-INFRINGEMENT;
ACCURACY;
QUIET ENJOYMENT; AND
UNINTERRUPTED OR ERROR-FREE OPERATION.
CLUBSOFT DOES NOT WARRANT THAT:
THE SERVICES WILL MEET EVERY CUSTOMER REQUIREMENT;
THE SERVICES WILL ALWAYS BE AVAILABLE;
ALL DEFECTS WILL BE CORRECTED;
CUSTOMER DATA WILL NEVER BE LOST;
THIRD-PARTY INTEGRATIONS WILL REMAIN AVAILABLE;
AI-GENERATED OUTPUT WILL BE ACCURATE; OR
USE OF THE SERVICES WILL SATISFY CUSTOMER’S LEGAL, ACCOUNTING, TAX, INSURANCE, GOVERNANCE, OR REGULATORY OBLIGATIONS.
Some jurisdictions do not permit certain disclaimers, so parts of this section may not apply.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, CLUBSOFT WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, REVENUE, BUSINESS OPPORTUNITIES, GOODWILL, OR DATA, EVEN IF ADVISED THAT SUCH DAMAGES WERE POSSIBLE.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, CLUBSOFT’S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THE SERVICES, THESE TERMS, AND ALL APPLICABLE ORDER FORMS WILL NOT EXCEED:
FOR PAID SERVICES, THE FEES PAID OR PAYABLE BY CUSTOMER TO CLUBSOFT FOR THE AFFECTED SERVICES DURING THE 12 MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM; OR
FOR FREE, TRIAL, BETA, PILOT, OR PROOF-OF-CONCEPT SERVICES, ONE HUNDRED DOLLARS ($100).
These limitations apply regardless of the legal theory and even if a remedy fails of its essential purpose.
Nothing in these Terms excludes liability that cannot legally be excluded.
Customer will defend, indemnify, and hold harmless ClubSoft and its officers, employees, contractors, and affiliates from third-party claims, damages, losses, liabilities, costs, and reasonable attorneys’ fees arising from:
Customer Data;
Customer’s or an Authorized User’s unlawful use of the Services;
Customer’s violation of these Terms;
Infringement or violation of another person’s rights by Customer Data;
Customer’s failure to obtain required notices, consent, or authorization;
Customer’s membership, billing, financial, governance, insurance, tax, or operational decisions;
A dispute between Customer and one of its members, applicants, guests, purchasers, employees, or volunteers; or
Customer’s use of an unauthorized or improperly configured integration.
ClubSoft will provide reasonable notice and cooperation. Customer may not settle a claim in a manner that admits wrongdoing by ClubSoft or imposes obligations on ClubSoft without ClubSoft’s written consent.
These Terms and the parties’ relationship are governed by the laws of the State of Washington, without regard to conflict-of-law principles.
Any lawsuit or legal proceeding arising out of or relating to the Services or the parties’ agreement must be brought exclusively in:
The Washington state courts located in Chelan County, Washington; or
The United States District Court having jurisdiction over Chelan County, Washington.
Each party consents to personal jurisdiction and venue in those courts.
The United Nations Convention on Contracts for the International Sale of Goods does not apply.
Before filing a lawsuit, a party will provide written notice describing:
The nature of the dispute;
Relevant facts;
The requested resolution; and
Appropriate contact information.
The parties will attempt in good faith to resolve the dispute for at least 30 days after receipt of notice.
This requirement does not prevent a party from seeking immediate injunctive or equitable relief to protect security, confidential information, data, or intellectual-property rights.
ClubSoft may update these Terms periodically.
ClubSoft will update the “Last Updated” date and post the revised Terms.
For material changes, ClubSoft may provide additional notice through:
The Services;
Email;
An account notification;
A renewal notice; or
Customer’s designated administrator.
Changes generally apply prospectively.
If a change materially affects Customer’s current paid Subscription Term, the change will ordinarily take effect at the next renewal unless the change is required for legal, security, compliance, or operational reasons.
Continued use after the effective date constitutes acceptance of the revised Terms.
ClubSoft may provide notices to Customer through:
The Services;
Email to an administrator or billing contact;
Customer’s account;
An invoice;
Customer’s last known business address; or
ClubSoft’s website where appropriate.
Customer must keep its administrator, billing, and contact information current.
Notices to ClubSoft concerning cancellation, nonrenewal, breach, indemnification, or a legal dispute must be sent to:
Email: hello@clubsoft.co
ClubSoft may designate an additional legal-notice address in an Order Form or on its website.
Customer may not assign its agreement without ClubSoft’s prior written consent, except in connection with a merger or sale of substantially all of Customer’s assets if the successor agrees to the applicable obligations.
ClubSoft may assign its agreements in connection with a merger, acquisition, financing, reorganization, or sale of all or part of its business.
Neither party is liable for delay or failure caused by circumstances beyond its reasonable control, including natural disasters, fires, floods, war, terrorism, labor disputes, utility failures, internet outages, government action, epidemics, or third-party infrastructure failures.
This section does not excuse Customer’s obligation to pay amounts already due.
The parties are independent contractors. Their agreement does not create a partnership, employment relationship, joint venture, fiduciary relationship, or agency.
These Terms do not create rights for third parties except as expressly stated.
If a provision is found unenforceable, it will be modified to the minimum extent necessary or severed, and the remaining provisions will continue in effect.
Failure to enforce a provision is not a waiver of future enforcement.
These Terms, applicable Order Forms, the Privacy Policy, and other incorporated agreements constitute the entire agreement concerning the Services and supersede previous discussions or understandings concerning the same subject matter.
Headings are provided for convenience and do not affect interpretation.
Customer agrees to conduct transactions with ClubSoft electronically.
Customer agrees that:
Electronic acceptance may constitute a signature;
Electronic records may constitute written records;
ClubSoft may retain evidence of acceptance electronically;
Notices and agreements may be delivered electronically; and
Electronic copies may be used as evidence of the parties’ agreement.
Questions about these Terms may be directed to:
ClubSoft
630 Valley Mall Parkway, #488
East Wenatchee, WA 98802
United States
Telephone: 833-258-2763
Email: hello@clubsoft.co
Effective Date: July 10, 2026
Last Updated: July 10, 2026