Terms of Service
Last Updated: December 10, 2024
1. Agreement to Terms
These Terms of Service ("Terms") constitute a legally binding agreement between you ("User," "you," or "your") and W3MediaLabs LLC ("Company," "we," "us," or "our") governing your access to and use of the MatMgr platform, including any associated websites, applications, software, and services (collectively, the "Service").
BY ACCESSING OR USING THE SERVICE, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS, YOU MAY NOT ACCESS OR USE THE SERVICE.
We reserve the right to modify these Terms at any time. Changes will be effective immediately upon posting to the Service. Your continued use of the Service after any modifications indicates your acceptance of the modified Terms.
2. Description of Service
MatMgr is a software-as-a-service ("SaaS") platform designed to assist martial arts academies, dojos, studios, and similar organizations ("Academies") in managing their operations, including but not limited to:
- Student enrollment and profile management
- Attendance tracking and reporting
- Belt rank and promotion management
- Event and testing coordination
- Billing and payment processing
- Communication tools
- Merchandise and gear store management
- Reporting and analytics
The Service is provided "as is" and "as available" without warranties of any kind.
3. User Categories and Responsibilities
3.1 Platform Administrator
W3MediaLabs operates as the platform provider and is responsible for maintaining the technical infrastructure, security updates, and overall platform functionality.
3.2 Academy Owners/Administrators
Academy Owners who register an Academy on the platform agree to:
- Provide accurate and complete information during registration
- Maintain the confidentiality of their account credentials
- Accept full responsibility for all activities under their Academy account
- Comply with all applicable laws regarding student data, privacy, and business operations
- Obtain necessary consents from students, parents, and guardians for data collection
- Ensure all staff members understand and comply with these Terms
- Pay all applicable subscription fees and charges
- Not use the Service for any unlawful purpose
3.3 Academy Staff/Instructors
Staff members granted access by Academy Owners agree to:
- Use the Service only for legitimate Academy business purposes
- Maintain confidentiality of student information
- Not share login credentials with unauthorized persons
- Report any security concerns to their Academy Owner
3.4 Students/Family Account Holders
Students and family members using the Service agree to:
- Provide accurate personal information
- Keep account credentials secure
- Not attempt to access other users' accounts or data
- Comply with their Academy's policies and procedures
4. Account Registration and Security
To use certain features of the Service, you must register for an account. You agree to:
- Provide accurate, current, and complete registration information
- Maintain and promptly update your account information
- Maintain the security of your password and account
- Accept responsibility for all activities under your account
- Immediately notify us of any unauthorized use of your account
We reserve the right to suspend or terminate accounts that violate these Terms or for any other reason at our sole discretion.
5. Payment Terms
5.1 Platform Subscription Fees
Academy Owners agree to pay all applicable subscription fees as specified in their selected plan. Fees are:
- Billed in advance on a monthly or annual basis
- Non-refundable except as required by law
- Subject to change with 30 days' notice
5.2 Payment Processing
Payment processing is provided through Stripe, Inc. ("Stripe"). By using payment features, you also agree to Stripe's Terms of Service and Privacy Policy. W3MediaLabs is not responsible for:
- Payment processing errors or delays caused by Stripe
- Chargebacks or disputes between Academies and their customers
- Currency conversion fees or international transaction fees
- Any fees charged by Stripe for their services
5.3 Academy-to-Customer Transactions
Academies using the Service to collect payments from their students are solely responsible for:
- Setting appropriate prices for their services
- Collecting and remitting applicable taxes
- Issuing refunds according to their own policies
- Resolving payment disputes with their customers
- Compliance with payment card industry (PCI) requirements
6. Data and Privacy
Your use of the Service is also governed by our Privacy Policy, which is incorporated into these Terms by reference.
6.1 Data Ownership
- Academy Data: Academies retain ownership of all data they input into the Service, including student records, attendance data, and billing information.
- Platform Data: W3MediaLabs owns all data relating to platform usage, performance metrics, and aggregated anonymized data.
6.2 Data Responsibilities
Academies are solely responsible for:
- Obtaining proper consent for collecting personal information
- Complying with COPPA, FERPA, and other applicable privacy laws
- Maintaining appropriate data backup procedures
- Determining data retention periods appropriate for their jurisdiction
7. Intellectual Property
7.1 Platform IP
The Service, including all software, designs, text, graphics, logos, and other content, is owned by W3MediaLabs and protected by copyright, trademark, and other intellectual property laws. You may not:
- Copy, modify, or distribute the Service or its content
- Reverse engineer, decompile, or disassemble any part of the Service
- Remove any copyright or proprietary notices
- Use our trademarks without written permission
7.2 User Content
You retain ownership of content you upload to the Service. By uploading content, you grant W3MediaLabs a non-exclusive, worldwide, royalty-free license to use, store, and display such content solely for providing the Service.
8. Prohibited Uses
You agree not to use the Service to:
- Violate any applicable law, regulation, or third-party rights
- Transmit malware, viruses, or other harmful code
- Attempt to gain unauthorized access to the Service or other accounts
- Interfere with or disrupt the Service's integrity or performance
- Collect user information without consent
- Impersonate any person or entity
- Use automated systems to access the Service without permission
- Engage in any activity that could damage, disable, or impair the Service
- Use the Service for any illegal or fraudulent purpose
- Store or transmit content that is defamatory, obscene, or harmful to minors
9. Service Availability and Modifications
We strive to maintain high availability but do not guarantee uninterrupted access. We reserve the right to:
- Modify, suspend, or discontinue any part of the Service at any time
- Perform scheduled and emergency maintenance
- Update features, functionality, and user interfaces
- Impose limits on certain features or restrict access
We will make reasonable efforts to provide notice of significant changes but are not obligated to do so.
10. Disclaimer of Warranties
THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO:
- IMPLIED WARRANTIES OF MERCHANTABILITY
- FITNESS FOR A PARTICULAR PURPOSE
- NON-INFRINGEMENT
- ACCURACY, RELIABILITY, OR COMPLETENESS OF CONTENT
- UNINTERRUPTED OR ERROR-FREE OPERATION
- FREEDOM FROM VIRUSES OR OTHER HARMFUL COMPONENTS
W3MediaLabs does not warrant that the Service will meet your requirements or that any errors will be corrected. You use the Service at your own risk.
11. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL W3MEDIALABS, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AFFILIATES, OR LICENSORS BE LIABLE FOR:
- ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES
- ANY LOSS OF PROFITS, REVENUE, DATA, GOODWILL, OR OTHER INTANGIBLE LOSSES
- ANY DAMAGES RESULTING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR DATA
- ANY DAMAGES RESULTING FROM INTERRUPTION OR CESSATION OF THE SERVICE
- ANY DAMAGES RESULTING FROM THIRD-PARTY CONDUCT OR CONTENT
IN NO EVENT SHALL OUR TOTAL LIABILITY EXCEED THE GREATER OF: (A) THE AMOUNT YOU PAID US IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM, OR (B) ONE HUNDRED DOLLARS ($100).
Some jurisdictions do not allow the exclusion of certain warranties or limitation of liability, so some of the above limitations may not apply to you.
12. Indemnification
You agree to indemnify, defend, and hold harmless W3MediaLabs and its officers, directors, employees, agents, affiliates, and licensors from and against any claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or related to:
- Your use of the Service
- Your violation of these Terms
- Your violation of any third-party rights
- Your violation of any applicable law or regulation
- Any content you upload or transmit through the Service
- Any dispute between you and your Academy's customers or students
- Your Academy's billing practices or refund policies
13. Termination
13.1 Termination by You
You may terminate your account at any time by contacting us or using the account closure feature. Termination does not entitle you to any refund of prepaid fees.
13.2 Termination by Us
We may suspend or terminate your access to the Service immediately, without notice, for any reason, including:
- Violation of these Terms
- Non-payment of fees
- Fraudulent or illegal activity
- Extended periods of inactivity
- Requests by law enforcement
13.3 Effect of Termination
Upon termination:
- Your right to access the Service immediately ceases
- We may delete your data after a reasonable retention period
- Provisions that by their nature should survive will continue to apply
14. Dispute Resolution
14.1 Informal Resolution
Before filing any formal legal action, you agree to attempt to resolve disputes informally by contacting us at support@matmgr.com. We will attempt to resolve the dispute within 30 days.
14.2 Binding Arbitration
If informal resolution fails, any dispute shall be resolved through binding arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules. The arbitration shall be conducted in South Carolina, unless otherwise agreed.
14.3 Class Action Waiver
YOU AGREE THAT ANY DISPUTE RESOLUTION PROCEEDINGS WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION.
14.4 Exceptions
Either party may seek injunctive relief in any court of competent jurisdiction for violations of intellectual property rights or confidentiality obligations.
15. Governing Law
These Terms shall be governed by and construed in accordance with the laws of the State of South Carolina, United States, without regard to its conflict of law provisions. Any legal action not subject to arbitration shall be brought exclusively in the state or federal courts located in South Carolina.
16. General Provisions
16.1 Entire Agreement
These Terms, together with our Privacy Policy and any other agreements incorporated by reference, constitute the entire agreement between you and W3MediaLabs regarding the Service.
16.2 Severability
If any provision of these Terms is found to be unenforceable, the remaining provisions will continue in full force and effect.
16.3 Waiver
Our failure to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision.
16.4 Assignment
You may not assign or transfer these Terms without our prior written consent. We may assign these Terms without restriction.
16.5 Force Majeure
W3MediaLabs shall not be liable for any failure or delay in performance due to circumstances beyond our reasonable control, including natural disasters, war, terrorism, labor disputes, government actions, or internet service failures.
16.6 Notices
We may provide notices to you via email, posting on the Service, or other reasonable means. You may contact us at:
W3MediaLabs LLCEmail: legal@w3medialabs.com
Support: support@matmgr.com
17. Special Provisions for Minors
The Service may contain information about minors (students under 18). Academies using the Service represent and warrant that they have obtained all necessary parental or guardian consents required by law, including but not limited to compliance with the Children's Online Privacy Protection Act (COPPA).
W3MediaLabs does not knowingly collect personal information directly from children under 13. All such data is collected and managed by the respective Academies.
18. Third-Party Services
The Service may integrate with or contain links to third-party services, including but not limited to Stripe for payment processing. Your use of such third-party services is subject to their respective terms and privacy policies. W3MediaLabs is not responsible for the content, privacy practices, or operations of third-party services.
19. Contact Information
If you have any questions about these Terms, please contact us:
W3MediaLabs LLCEmail: legal@w3medialabs.com
Support: support@matmgr.com
Website: www.matmgr.com
By using MatMgr, you acknowledge that you have read and understood these Terms of Service and agree to be bound by them.